SHIPPING TERMS AND CONDITIONS
These Shipping Terms and Conditions (“Terms”) apply to all Customers utilizing the shipping, exporting and facilitating services of All West Coast Shipping, Inc. (“West Coast Shipping”). These Terms are effective on the date indicated on the face of this document and are subject to change without notice. These Terms apply to all purchase orders issued by a Customer and to all Quotations, Order Acknowledgments and Invoices issued by West Coast Shipping. These Terms supersede and replace all previous Terms published by West Coast Shipping. These Terms shall be binding on all Customers, Shippers, Consignees and third parties to or for whom West Coast Shipping provide services.
1. APPLICATION AND SCOPE
These Terms and Conditions of Service apply to all transportation and related services provided in interstate and intrastate commerce to, from or within the United States (and its territories), Canada, and Mexico and/or other foreign or international commerce by West Coast Shipping and its affiliates. West Coast Shipping is an Ocean Transportation Intermediary that is duly licensed by the United States Federal Maritime Commission as a non-vessel operating common carrier (NVOCC) under License Number 021037.
Unless otherwise provided or herein, the following terms are defined as follows:
“West Coast Shipping”, "we", "our" and "us" refer to All West Coast Shipping Inc., and its employees, agents, successors, assigns, divisions, affiliates and any subcontractors hired by West Coast Shipping.
"Customer" means the person, firm or company on whose behalf West Coast Shipping has been hired to perform services, as well as the Customer’s agents and/or representatives and any principal on whose behalf it is acting.
"Shipper" or "consignor" means the person tendering goods to West Coast Shipping for transport or storage and the person for whose account goods are being transported or stored, and any and all agents and/or representatives of the Shipper, including, but not limited to, secured parties, warehousemen, buyers and/or sellers, Shipper’s agents, insurers and underwriters, break-bulk agents, and Consignees.
"Consignee" or "receiver" means the person named as the "Consignee" on any Shipper’s instructions, receipt, truck tag, bill of lading or other document, the owner of the Cargo, and all other persons lawfully entitled to possession of the Cargo upon delivery.
"You" and "yours" shall refer to our Customer, the Shipper/consignor, the receiver/Consignee, their employees and agents and to all others with interest in the shipment.
"Bill of Lading" means a non-negotiable Bill of Lading, Delivery Receipt or similar shipping document used to identify shipments tendered to West Coast Shipping for transportation. Absent express instructions to the contrary, the Bill of Lading to be used in shipping the Cargo shall be West Coast Shipping’s standard form of our Bill of Lading, which can be found at the bottom of the homepage of our website, at https://www.wcshipping.com. Your use of West Coast Shipping’s services indicates your assent to the use of our Bill of Lading.
"Cargo", "items", "pieces" and "shipment" refers to articles of every kind or description, including Vehicles, contents of vehicles, automobile or other Vehicle parts, boats, jet skis, household goods and other personal property, as well as the packaging, containers or other shipping units in which such property may be tendered to and accepted by West Coast Shipping for transportation, storage and/or delivery, as described or identified on the face of the Bill of Lading.
“Vehicle” or “Vehicles” means Cargo consisting of automobiles, trucks, motorhomes, motorcycles, all-terrain vehicles (ATVs) and other two- and four-wheeled vehicles intended for transport of a relatively small number of people.
"Prepaid" or "PPD" is a freight payment term meaning that the charges for transportation and other services rendered at the request of the Shipper, or requested by the Consignee for the Shipper, are to be paid for by the Shipper or its designated agent. Notwithstanding the Shipper’s primary responsibility for payment on a Prepaid shipment, both the Shipper and Consignee are jointly liable for the payment of charges for transportation or other services because both the Shipper and Consignee receive the benefit of the services.
"Terms" refers to these Terms and any updated Shipping Terms and Conditions which shall be published and maintained on West Coast Shipping’s website, and which can be found at the bottom of the homepage of our website, at https://www.wcshipping.com and are otherwise available upon request.
3. GENERAL PROVISIONS
A. These Terms shall constitute a binding contract on all Customers, Shippers and Consignees to or for whom West Coast Shipping provides services. These Terms supersede and negate any claimed, alleged or asserted oral contract, promise, representation or understanding among the parties with respect to services to be performed by West Coast Shipping.
B. These Terms shall apply to all services provided by West Coast Shipping, except to the extent contrary to applicable federal or state law, rule or regulation, and/or except to the extent West Coast Shipping otherwise specifically agrees, in writing.
C. If there is any conflict or inconsistency between these Terms and our Bill of Lading issued in connection with services provided by West Coast Shipping, the Terms contained herein shall control and govern.
D. No employee or agent of West Coast Shipping is authorized to change, modify or waive any of these Terms without the written consent of an authorized executive of West Coast Shipping.
E. These Terms are subject to amendment by West Coast Shipping without notice. Any amendment to these Shipping Terms and Conditions shall be published on West Coast Shipping’s website at https://www.wcshipping.com. Your continued use of West Coast Shipping’s services after publication of the amended Terms on our website shall constitute acceptance of the amended Shipping Terms and Conditions.
4. ADVANCEMENT OF CHARGES
A. Upon request, we may advance charges for cartage not performed by us, as well as customs inspection fees, duties and taxes or other customs-related costs. If West Coast Shipping advances any such costs, a service fee of $3.00 per $100.00 of the advance charge, or fraction thereof will be assessed, subject to a minimum advancement fee of $5.00.
B. We will not advance charges on any shipment on which prepayment of charges is required unless the amount of such advances has been deposited in cash with us.
5. APPLICATION OF CHARGES
A. Except as otherwise provided for herein or in a separate written contract, transportation charges for a shipment will be assessed based on the WCS tariff, the declared value of the Cargo, if any, and the Shipping Calculator on our website, https://www.wcshipping.com, subject to the written quotation we will send you prior to accepting your Cargo for shipment. Actual pricing will depend on whether your Cargo takes up an entire shipping container (a standard container is 20 feet in length, 8 feet in width, and 8.5 feet in height) or whether your Cargo will be combined with other Cargo to fill a container, and any of your personal property is shipped on pallets.
Excess indemnity is available for $200 for the first $10,000 declared value and $20 per $1,000 in declared value in excess of $10,000. West Coast Shipping’s liability for excess indemnity shall only cover physical damage that can be proven with pictures taken by our team/staff prior to shipping, and actual physical damage visible after unloading by one of our trusted agents. If unloaded by untrusted agents, shipper must provide pictures showing actual physical damage prior to unloading.
B. Quotes are valid for thirty (30) days. Thereafter, all rates and fees are subject to change without notice.
6. PAYMENT FOR SERVICES
A. All shipments via ocean-going vessels (port-to-port) and via all-inclusive freight service (covering both overland shipping to and from West Coast Shipping’s warehouse and overseas shipping via ocean-going vessels) must be Prepaid (by the Shipper) via wire transfer, except, if requested by the Shipper or the Consignee and subject to West Coast Shipping’s express, prior written approval, the charges may be billed to a third party, in which case payment is due via wire transfer within five (5) days following receipt of an invoice. If the third party should fail to make, or refuse, payment for any reason, liability for payment shall revert to the Shipper or Consignee, who shall be jointly and severally responsible for payment, and payment will be due not later than five (5) days following demand by West Coast Shipping. Any late payment shall be subject to a late fee of $350 per Vehicle.
B. Freight charges for overland shipping to or from West Coast Shipping’s warehouse shall be due and payable via wire transfer in accordance with the Quotation.
C. In all events, the following shipments must be Prepaid by the Shipper:
1. Shipments destined to exhibition grounds, parks, fairs or similar enclosures where admission is charged for entrance.
2. Shipments addressed to hotel guests.
3. Shipments addressed to any person and/or organization in care of another person and/or organization.
4. Shipments addressed to political organizations.
7. CHARGES FOR SHIPMENTS CONTAINING OVERSIZED CARGO
A. Subject to authorized arrangements made prior to shipment, we will accept for transportation, shipments containing oversized pieces, as defined herein, which meet the conditions and limitations enumerated below, and we will base the appropriate charges on rating calculations described in Sub-Section (C) below.
B. Shipments will be considered oversized to the extent the Cargo does not fit fully within a standard shipping container (20 feet in length, 8 feet in width, and 8.5 feet in height).
C. The charges for shipments containing oversized pieces, if accepted for shipping, shall be set by West Coast Shipping on a case-by-case basis.
8. DANGEROUS GOODS/HAZARDOUS MATERIALS
A. Shipper will not ship or handle any type of Dangerous Goods or Hazardous Materials (as defined in Title 49 of the U.S. Code of Federal Regulations), unless West Coast Shipping is advised in writing regarding the exact composition of such Dangerous Goods or Hazardous Materials and West Coast Shipping thereafter expressly agrees in writing to ship or handle such materials. If West Coast Shipping accepts any such materials for shipping or handling, the shipment will be subject to all provisions of the “International Maritime Dangerous Goods (IMDG) Code” published by the International Maritime Organization, as revised or reissued from time to time.
B. If West Coast Shipping accepts the shipment for transport, then the Shipper must comply with all of the rules and regulations set forth in:
1. Title 49 of the U.S. Code of Federal Regulations (“CFR”), revisions thereto and reissues thereof.
2. The “Dangerous Goods Regulations” published by the International Air Transport Association (“IATA”), revisions thereto and reissues thereof.
3. The International Civil Aviation Organization (“ICAO”) “Technical instructions for the Safe Transport of Dangerous Goods by Air” published by ICAO, revisions thereto or reissues thereof.
4. The “International Maritime Dangerous Goods (IMDG) Code” published by the International Maritime Organization, revisions thereto or reissues thereof.
C. If the shipment contains Dangerous Goods/Hazardous Material, the Shipper shall have the responsibility to so state on the Bill of Lading and shall also submit a signed Shipper's Declaration for Dangerous Goods/Hazardous Materials.
D. All shipments of Dangerous Goods/Hazardous Materials between points in the United States will be assessed a minimum service charge of $50.00 per shipment for handling and transportation of such goods in addition to all other applicable charges.
E. All shipments of Dangerous Goods/Hazardous Materials to, from or between points outside the United States may be subject to additional service charges for handling and transportation of dangerous goods. West Coast Shipping shall determine the amount of such charges, which may vary depending upon, among other things, the nature of the goods, the origin, the destination and the mode of transportation.
F. Shipper agrees to comply with all State and Federal statutory requirements with respect to shipping Dangerous Goods and/or Hazardous Materials.
9. TSA REGULATIONS
All Cargo tendered for air transportation is subject to Aviation Security Controls, regulations of the Department of Homeland Security/Transportation Security Administration (“TSA”), and when appropriate, other government regulations. Copies of all relevant shipping documents showing the Cargo's Consignee, consignor, description and other relevant data will be retained on file for at least thirty (30) days. TSA, which has authority over the security and safety of the transportation systems within and connecting to the U.S., has instituted regulations and amendments that govern the movement of Cargo. All Shippers requesting air transportation services must comply with all applicable TSA regulations, as well as West Coast Shipping’s policies and procedures. In the event you fail to comply with any applicable regulations, policies or procedures, we cannot ensure requested service levels or that your shipment will be transported via aircraft, and we reserve the right to use alternate means to deliver your shipment. If you have any questions about transporting shipments by air or applicable regulations, policies or procedures, please call West Coast Shipping and ask to speak with a customer service representative.
10. INSPECTION OF SHIPMENTS
We may, but shall not be obligated to, inspect any shipment. Additionally, all shipments may be subject to inspection by:
1. The carrier(s) or their agent(s);
2. Government officials; and
3. Personnel authorized by the government to inspect shipments.
Shipper shall be solely responsible for the costs, if any, imposed by the entity or governmental agency performing the inspection.
11. LIABILITIES NOT ASSUMED
A. Except as may otherwise be prohibited by law, we shall not be liable to the Shipper or to any other person for any mis-delivery, missed pickup, non-delivery, delay, damage or loss of whatever nature arising out of or in connection with the shipment or other services performed by us, unless such damage is proven to have been caused by our negligence and there has been no contributory negligence on the part of the Shipper, Consignee or other claimant. Under no circumstances shall West Coast Shipping’s selection of a particular company to provide shipment of Cargo aboard an ocean-going vessel be deemed negligence on our part, provided we exercised normal care in that selection. West Coast Shipping guarantee delivery by a specific time or date and shall not be liable for special or consequential damages due to delay, mis-delivery or non-delivery.
B. Without limiting the generality of Sub-Section (A), we shall not be liable for any loss, damage, mis-delivery, non-delivery, or other result, including, but not limited to, the following:
1. Any damage or loss to personal property stored by the Shipper inside a Vehicle or other contents of Vehicles.
2. Any damage or loss to Cargo caused by rust, mold, mildew, washing, polishing or vermin.
3. Any damage to the undercarriage or the interior of any Vehicle.
4. Any damage or loss resulting from the act, default or omission of the Shipper, Consignee or any other party claiming an interest in the shipment including, but not limited to, incorrect declaration of Cargo, improper or insufficient packing, securing, marking or addressing of your shipment, or resulting from the acts or omissions of the recipient.
5. Any damage or loss resulting from the failure of the Shipper or Consignee to observe any of the provisions set forth in these Terms.
6. Any damage or loss resulting from Acts of God, mechanical failures of vessels or other equipment failures, acts or omissions public authorities (including customs officials) acting with actual or apparent authority, quarantines, wars, riots, strikes or civil commotions.
7. Any damage or loss resulting from acts or omissions of any person other than West Coast Shipping.
8. Any damage or loss resulting from compliance with delivery instructions from the Shipper or Consignee.
9. Any damage or loss resulting from the erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film, to the extent included in any Cargo.
10. Any damage or loss resulting from the theft of any personal or financial information including, but not limited to, social security numbers, dates of birth, driver's license numbers, credit card numbers and financial account information.
11. Any damage or loss resulting from shipments released to the person or firm identified on shipping instructions provided by Shipper if we have reasonable grounds to believe that the person or firm to whom the shipment is released is in fact the person or firm identified in the shipping instructions or that such person or firm has been authorized by the Shipper to accept the release. Without limiting the generality of the foregoing, West Coast Shipping shall not be liable for releasing shipments to a person or firm if West Coast Shipping acted reasonably under the circumstances.
12. Amy damage or loss to electrical components of the Cargo.
13. Any damage or loss to mechanical components to the Cargo..
14. Any loss of value due to damage and repair due to non-oem parts.
15. Any damage or loss resulting from war risk and/or terrorism.
16. Any damage smaller than the size of a U.S. quarter coin.
17. Any damage occurring after unloading while in storage at destination third party warehouse.
18. Any damage or loss to tires more than five years old.
19. Any damage or loss to batteries more than two years old.
C. Cost of Replacement is subject to up to three quotes from qualified shops. We reserve the right, in our sole discretion, to nominate a qualified shop for repairs if the first three quotes received do not appear to be reasonable. Cost of replacement shall be subject to partial payment based on age/condition/and previous damage to the same part of the vehicle.
D. Cost of repairs exceed the purchase cost..If the costs of repairs exceed the purchase cost of the Cargo Merchant shall not be entitled to the actual cost of repairs.
12. LIABILITY FOR CHARGES AND INDEMNIFICATION
A. The Shipper and Consignee shall be liable, jointly, and severally, for all unpaid charges payable on account of a shipment including, but not limited to, sums advanced or disbursed by us on account of such shipment.
B. The Shipper and Consignee shall be liable, jointly and severally, to pay for, or indemnify and hold us harmless against and from, all claims, fines, penalties, damages, costs or other sums which may be incurred, suffered or disbursed by us for any violation of any of the provisions contained herein, or any other default of the Shipper or such other party with respect to a shipment, or as a result of any negligent act or omission of the Shipper or Consignee.
13. LIENS ON SHIPMENTS
West Coast Shipping shall have a lien on the shipment for all sums due and payable to us including past due charges. In the event of non-payment of any sum payable to us, we may hold the shipment and the Cargo shall be subject to storage and/or disposed of at public or private sale, with notice to Shipper or Consignee, and we shall have the right to recover out of the proceeds of such sale all sums due and payable to us, including storage, demurrage and detention charges. The Shipper and/or Consignee shall continue to be liable for the balance of any unpaid charges payable on account of the shipment. Storage and related fees imposed on Vehicles or other Cargo stored at any location shall be delinquent if not paid for more than thirty (30) days, and the Cargo is subject to being sold at a lien sale in accordance with applicable local law (including sales in any foreign country to which the Vehicle or other Cargo may have been shipped). In addition, should Cargo be shipped to any domestic or international destination and payment for West Coast Shipping’s services is not received when due, then, at its option, West Coast Shipping may have the Cargo shipped back to its nearest warehouse and may sell the vehicle at a lien sale in accordance with applicable state law. In such case, West Coast Shipping shall be entitled to recover its entire charge for shipping (including return shipping), storage, demurrage, detention, inspections, duties, taxes, administrative fees and all other costs and out-of-pocket expenses incurred by West Coast Shipping.
14. LIMITATIONS OF LIABILITY
A. Ground and Air Shipments. Our liability for loss or damage claims for air and ground shipments shall be the lesser of: (i) the actual fair market value of your shipment at origin, or (ii) Five Hundred ($500) U.S. Dollars unless you declare a value for the Cargo over ($500) U.S. Dollars and pay for excess damage indemnity.
B. Ocean Shipments. If all or any part of the shipment tendered to West Coast Shipping is carried by ocean-going vessel to its destination, such shipment shall be performed subject to the terms and provisions and limitations of liability specified by the “Carriage of Goods By Sea Act” and any other pertinent laws applicable to ocean carriers. The Shipper or Shipper’s agent hereby authorizes West Coast Shipping, in Shipper’s name and on Shipper’s behalf, to prepare any export documents, sign and accept any documents relating to said shipment and forward this shipment in accordance with the conditions of carriage and the tariffs of ocean carriers employed. The sole responsibility of West Coast Shipping hereunder is to use reasonable care in the selection of carriers, forwarders, agents and others to whom it may entrust the shipment. In any event, under no circumstances will our liability for loss or damage claims for ocean shipments exceed the lesser of: (i) the actual fair market value of your shipment at origin, or (ii) Five Hundred ($500) U.S. Dollars and pay for excess damage indemnity.
C. Insurance. West Coast Shipping recommends that the Shipper consult with its insurance broker to explore the cost, available coverage and/or suitability of securing Cargo insurance. West Coast Shipping is not a Cargo insurer.
D. Excess Declared Value Prohibited. Any declared value in excess of the maximum allowed hereunder is null and void and our acceptance for carriage of any shipment with a declared value in excess of the maximum allowed hereunder does not constitute a waiver of the maximum declared value provisions.
E. Loss of Value; Special Damages. In no event and under no circumstances shall we be liable for any special, incidental or consequential damages, including but not limited to loss of value, lost profits or income, whether or not we had notice or knowledge that such damages might be incurred. Without limiting the foregoing, the limitation of liability in this Section 14(E) shall preclude any claim or remedy against West Coast Shipping based on an alleged loss of value inherent in a vehicle (such as an antique or collectible automobile in original condition, for example) due to any repairs that may be required as a result of damage to the vehicle incurred during shipment.
F. Increased Indemnity for Damage. West Coast Shipping’s obligation to indemnity shipper for increased damage indemnity/based on declared value, if any, shall not attach or be triggered until the first $500 per car/motorcycle/package has been paid. For clarification purposes West Coast Shipping’s liability for increased damage indemnity shall be subject to a $500 deductible.
15. NOTICE AND DISPOSITION OF PROPERTY
A. When shipments arrive at their destination, we will promptly notify the Consignee and/or his designated agent or broker if we are not delivering to the Consignee.
B. If a shipment is unclaimed or delivery cannot be effected, we will so notify the Shipper and Consignee, by telephone, email, facsimile or mail (at the addresses shown on the Bill of Lading). Upon written instructions from the Shipper, we will return the shipment to the Shipper, forward or re-consign it, or otherwise dispose of it, all at the Shipper's expense. If no such instructions are received within thirty (30) days after West Coast Shipping has notified the Shipper and Consignee of the Cargo’s arrival at the destination point, we will dispose of the shipment at a public or private sale, in accordance with applicable law.
C. Non-cleared import shipments held at government warehouses will be recovered only when all costs have been paid in advance.
16. PACKING AND MARKING REQUIREMENTS
A. Shipments must be prepared or packed to ensure safe transportation with ordinary care in handling.
B. Any article susceptible to damage by ordinary handling must be adequately protected by proper packing and must be marked or bear appropriate labels if special handling is required.
C. Any article susceptible to damage as a result of any condition which may be encountered in transportation, such as high vibration or high or low temperature variations or high or low atmospheric pressure variations, must be adequately protected by proper packing and any other necessary measures.
D. Each piece of Cargo must be legibly and durably marked with the name and address of the Shipper and Consignee. If a Shipper uses its own shipping containers, all old labels, tags markings, etc. must be removed.
E. If expressly authorized for shipment by West Coast Shipping, shipments of artwork, original paintings, drawings, etchings, water color paintings, oil paintings and sculptures of any kind, must be packed in wood crates of at least 1/4 inch (.64 centimeters) thickness which completely surround the article being shipped and must be clearly marked as to the nature of the contents.
17. PROOF OF DELIVERY
When requested by the Shipper or Consignee, we will furnish a copy of our Bill of Lading or other shipping document signed by the Consignee or his agent as proof of delivery.
18. RE-DELIVERY SERVICE
A shipment which, through no fault of ours, cannot be delivered on the first tender of delivery to the Consignee will be returned to our terminal and the Consignee will be notified. Re-delivery will be made at an additional charge and storage fees will apply.
19. ROUTING AND RE-ROUTING
West Coast Shipping has complete freedom in choosing the means, route and procedure to be followed in handling, transportation and delivery, unless express instructions in writing are received from the Customer.
20. SHIPMENTS NOT ACCEPTABLE FOR TRANSPORTATION
Shipments of the following commodities or nature will not be accepted by West Coast Shipping for transportation unless written authorization is received by West Coast Shipping:
To the extent any of the foregoing shipments are accepted by West Coast Shipping, with or without prior authorization, or in the event any of the foregoing shipments are inadvertently accepted by West Coast Shipping, such shipments shall be deemed and considered extraordinary value items and our liability for loss or damage to such shipments shall be limited in accordance with the provisions governing extraordinary value items under Section 14(D) above.
21. SHIPMENTS SUBJECT TO ADVANCE ARRANGEMENTS
The following will be accepted for carriage only upon advance arrangements and only when such advance arrangements have been satisfactorily completed.
A. Any shipments having a declared value exceeding $25,000.
B. Shipments containing oversized pieces (see Section 7).
C. Shipments requiring pickup or delivery of pieces of Cargo which cannot be handled by one individual.
D. Excessive weight or size shipments.
E. Shipments requiring special devices for safe handling.
F. Any item identified in Section 20.
22. SHIPMENTS SUBJECT TO DELAY
The following conditions may delay delivery of the shipment to the Consignee, and West Coast Shipping shall have no liability for any damages asserted as a result of such delay:
A. If the dimensions of the shipment are too large to be shipped in a standard shipping container.
B. Shipments that lack proper documentation.
C. Shipments on which the Shipper has omitted the address of the Consignee on the Bill of Lading or on which the Shipper has provided an incorrect address.
D. Shipments requiring special licenses or consularization (i.e., authentication of documents by the consul office) filing prior to export.
E. Shipments containing Dangerous or Hazardous Materials.
F. Shipments not complying with US Department of Transportation, US Department of Homeland Security – Transportation Security Administration (TSA) regulations.
G. Shipments subject to inspection, seizure or detention by any legally authorized authority.
H. Shipments delayed because of national Holidays, weather-related conditions, natural disasters, or acts of God.
I. Shipments delayed because of other conditions or circumstances beyond the reasonable control of West Coast Shipping.
23. SHIPMENTS SUBJECT TO SPECIAL CONDITIONS
A. Shipments requiring special devices for safe handling will be accepted only when such special devices are provided and operated by and at the expense of the Shipper or Consignee.
B. Furs, Dangerous Goods, and items of extraordinary value may not be included in the same shipment with any other article.
24. STORAGE AND CHARGES
A. Shipments will be held without charge for three (3) calendar days (excluding the first Saturday, Sunday and Legal Holiday) at the destination point of the shipment computed from 8:00 AM (local time at the destination point) on the day following the Cargo’s arrival at the destination point. Thereafter any storage, demurrage or detention charges imposed by the carrier, the port or terminal authority, any freight broker or other party having responsibility for the container in which the Cargo is shipped shall be the sole responsibility of the Shipper and Consignee.
B. With respect to shipments received by West Coast Shipping, after the expiration of a three-day free storage period, we will continue to hold such shipments for the Shipper and Consignee, subject to a storage charge equal to the greater of Ten Dollars ($10.00) per day or our then-prevailing daily storage rates.
C. When the shipment is held by us after the expiration of the free storage period, our liability for the shipment will terminate.
D. West Coast Shipping or its agent will store shipments for a period of time not to exceed thirty (30) calendar days from the date that the Cargo arrives at the destination point. At the expiration of thirty (30) calendar days, we may return the shipment or part of the shipment to the Shipper at the Shipper's expense, subject to a lien for all charges applicable to the shipment or part of thereof, including all storage, demurrage and detention charges, or return the shipment to our warehouse and retain possession of the shipment, and, in such case, the shipment will continue to be subject to our lien and all rights associated with our lien, including a potential lien sale in accordance with Section 13.
25. THE BILL OF LADING
A. Except as otherwise provided or agreed all ground shipping performed by West Coast Shipping shall be subject to West Coast Shipping’s current Bill of Lading and the terms and conditions appearing on the reverse-side thereof. For all ground shipments where a bill of lading issued by the Shipper is other than our Bill of Lading required herein, the signature of the drive for such carrier shall be the sole acknowledgement of delivery. Such non-authorized bills of lading are not a contract of carriage and West Coast Shipping will not be subject to its terms and conditions. Continued use of unauthorized bills of lading by Shipper will not, and does not, constitute an implied acceptance or ratification by West Coast Shipping
B. Except as otherwise provided or agreed to by West Coast Shipping, all ocean carriage services performed by West Coast Shipping shall be subject to West Coast Shipping’s current Bill of Lading and the terms and conditions appearing on the reverse-side thereof. For all ocean shipments where a bill of lading issued by the Shipper is other than our Bill of Lading required herein, such carrier’s signature shall be the sole acknowledgement of delivery. Such non-authorized bills of lading are not a contract of carriage and West Coast Shipping will not be subject to its terms and conditions. Continued use of unauthorized bills of lading by Shipper will not, and does not, constitute an implied acceptance or ratification by West Coast Shipping.
C. If requested, we will provide the Shipper with a copy of our Bill of Lading or other non-negotiable shipping document on which the shipment was tendered to us.
D. The dimensions of the shipment must be entered on the Bill of Lading by the Shipper. If omitted, or entered incorrectly, we reserve the right to measure the shipment and apply appropriate oversize shipment surcharges.
26. APPLICABLE LAW AND FORUM
To the extent not governed by International Treaty, Convention or United States Federal Law, all disputes, claims or actions arising hereunder shall be governed by the Choice of Forum terms, paragraph 12 on the Bill of Lading.
27. ROAD TRANSPORT NOTICE
Shipments transported partly or solely by road, whether there exists an explicit agreement to do so or not, into or from a country that is a party to the Convention on the Contract for International Carriage of Goods by Road (the "CMR") are subject to the terms and conditions of the CMR, notwithstanding any other provisions referred to or in our Bill of Lading to the contrary, except that the higher limitations of liability as set forth in these Terms shall remain applicable as opposed to those set forth in the CMR.
28. OCEAN SHIPMENTS
The Shipper or its Authorized Agent hereby authorizes West Coast Shipping, in its name and on its behalf, to prepare any export documents, to sign and accept any documents relating to said shipment and forward the shipment in accordance with the bills of lading, conditions of carriage and tariffs of the carriers employed. The Shipper guarantees payment of all collect charges in the event the Consignee refuses payment. The sole responsibility of West Coast Shipping hereunder is to use reasonable care in the selection of carriers, forwarders, agents and others to whom it may entrust the shipment.
29. CUSTOMS CLEARANCE
By shipping with West Coast Shipping this shipment, you appoint West Coast Shipping as your agent solely for performance of customs clearance and certify us as the nominal Consignee for the purpose of designating a customs broker to perform customs clearance (unless you specify a customs broker on the front of this Bill of Lading in the box provided) (where available). In some instances, local authorities may require additional documentation confirming our appointment. It is your responsibility to provide proper documentation and confirmation when required. You are responsible for and warrant your compliance with all applicable laws, rules and regulations, including by not limited to customs laws; import, export and re-export laws; and governmental regulations of any country to, from, through, or over which your shipment may be carried. You agree to furnish such information and complete and attach to the Bill of Lading such documents necessary to comply with such laws, rules and regulations. We assume no liability to you or any other persons for any losses or expenses due to your failure to comply with this provision.
You are also responsible for all charges, including transportation charges and all duties, customs assessments, governmental penalties and fines, taxes and our legal fees and costs, related to this shipment.
30. EXPORT CONTROL
You authorize West Coast Shipping to act as forwarding agent for you for export control and customs purposes. You hereby certify that all statements and information contained in the Bill of Lading and any accompanying documents relating to exportation are true and correct. Furthermore, you understand that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements; for violation of any United States laws on exportation, including but not limited to 13 USC Sec. 305, 22 USC Sec. 401, 18 USC Sec. 1001, and 50 USC App, 2410; or the violation of export laws of other countries.
31. LOSS OR DAMAGE CLAIMS PROCEDURE AND TIME LIMITS
Claims for loss, damage, or delay of a shipment must be filed in writing, within the time limits set forth herein, to West Coast Shipping at 1200 Wright Avenue, Richmond, California 94804. In the event you fail to file a written claim within the time limits set forth herein, West Coast Shipping shall have no liability for such claim and no further action may be brought against West Coast Shipping. Claims relating to ground shipments, must be made within seven (7) business days from the date of delivery of the shipment or, in the case of non-delivery, within seven (7) business days following the estimated delivery date.
32. CONCEALED DAMAGE CLAIMS
If the recipient accepts your shipment without noting any damage on the delivery receipt, delivery manifest, or other delivery document, it will be presumed that the Cargo was delivered in good order and condition and any loss or damage reported thereafter shall be considered concealed damage. All claims for concealed damage must be reported to us within seventy-two (72) hours from the date of delivery and a written claim for concealed damage must be filed within fifteen (15) days from the date of delivery. Failure to file a claim within these time period will result in your claim being declined. In order for us to process your claim, you must make the contents, original shipping cartons and packing available for inspection.
33. TIME LIMITS FOR SUITS RELATING TO LOSS OR DAMAGE CLAIMS
Suits for loss, damage or delay against West Coast Shipping relating to any ground shipment shall be commenced no later than one (1) year after West Coast Shipping gives you written notice that the claim (or any part or parts of the claim) has been disallowed. Any rights to damages shall be extinguished unless suit is commenced within the time limits set forth herein.
34. OVERCHARGE CLAIMS
A. Claims for overcharges, refunds or duplicate payments (collectively “overcharge claims”) must be made in writing within thirty (30) days from the date of delivery of the shipment that is the subject of the claim; otherwise, you shall be deemed to have waived such claims. All overcharge claims, along with any and all supporting documentation, shall be submitted in writing to West Coast Shipping at 1200 Wright Avenue, Richmond, California 94804.
B. Suits to recover overcharge claims must be filed within one (1) year from the date of delivery of the shipment that is the subject of the claim. Any claims shall be extinguished unless suit is commenced within the time limits in the preceding sentence.
35. NO RIGHT TO OFFSET
YOU SHALL NOT HAVE ANY RIGHT TO OFFSET OR DEDUCT UNPAID TRANSPORTATION OR OTHER CHARGES DUE AND OWING TO WEST COAST SHIPPING AGAINST UNPAID CLAIMS FOR LOSS OR DAMAGES, CLAIMS FOR OVERCHARGES, OR ANY OTHER CLAIMS ASSERTED AGAINST WEST COAST SHIPPING. WEST COAST SHIPPING IS NOT OBLIGATED TO ACT ON ANY CLAIM UNTIL ALL TRANSPORTATION CHARGES ARE PAID IN FULL.