Terms of Service

These Terms of Service form a binding agreement between Marine Air Land Intl Services LLC (referred to below as “Marine Air Land,” “we,” or “our”) and each client that engages us (referred to as “Customer” or “you”). By tendering cargo, asking us to file an entry, or otherwise requesting our services, you accept these Terms for that engagement and for related work we perform at your direction.

If we issue a separate service document for a particular shipment or transaction that contains its own governing conditions, those transaction-specific conditions will control for that shipment or transaction to the extent they conflict with these Terms.

1. Who these terms cover

“Marine Air Land” includes Marine Air Land Intl Services LLC together with its affiliates, subsidiaries, and the personnel and representatives acting on its behalf. “Customer” includes the party engaging us and, where relevant, that party’s principals, agents, and representatives - for example shippers, importers, exporters, buyers, sellers, consignees, insurers, and secured parties connected to the goods. You are responsible for sharing these Terms with your own agents and representatives whose actions affect the work.

“Documentation” means any information, record, or file we receive from or through you, in any format. “Third party” means any outside provider to whom goods or work are entrusted, including carriers, trucking companies, warehouses, forwarders, ocean transportation intermediaries (freight forwarders and non-vessel-operating carriers), other brokers, and their agents.

2. Our role as your agent

When we handle customs entries, releases, post-entry work, export filings, security filings, license-related filings, or dealings with government agencies on your behalf, we do so as your agent. The same applies when we arrange domestic or international transportation or other logistics support. Except where we expressly agree in writing to act as a carrier, our role is to arrange and administer services for you, not to carry the goods ourselves.

3. Deadlines for claims and lawsuits

Notice of claim. Unless a statute or international convention sets a different rule, you must deliver a written claim to us within ninety (90) days after the event that gave rise to the claim. If you miss that deadline, untimeliness is a complete defense to any later suit on that claim.

Deadline to sue. Any suit against Marine Air Land must be filed and properly served within the period that applies to the type of work involved:

• Ocean transportation: one (1) year from the date of loss.
• Brokering of domestic motor-carrier transportation: ninety (90) days from the date of loss.
• Air transportation: two (2) years from the date of loss.
• Preparation or submission of an import entry: sixty (60) days after liquidation of the entry.
• All other claims: one (1) year from the date of loss or damage.

4. Outside providers and routing choices

We will use reasonable care when we select outside providers and when we choose a route, method, or handling procedure, unless you have directed us in writing to use a specific provider. Naming or recommending a provider is not a promise that the provider will perform as expected. We are not responsible for the acts, omissions, delays, or losses that occur while goods are in the custody or control of a third party or its agent. Claims arising from a third party’s performance must be brought directly against that party. If you pursue such a claim, we will cooperate reasonably, and you will bear any charges or costs we incur in providing that cooperation.

5. Estimates and quotations

Any figure we provide for fees, duties, freight, premiums, or other charges is an informational estimate only and may change without notice. An estimate becomes binding only if we both agree in writing to handle the shipment or transaction at a stated rate or amount, together with agreed payment arrangements.

6. Your information - accuracy, review, and reliance

You must promptly review every declaration, entry, and filing we prepare for submission to U.S. Customs and Border Protection (“CBP”), another government agency, or a third party, and tell us immediately about any error, discrepancy, or omission you identify.

We prepare entries, export declarations, applications, security filings, delivery orders, and similar submissions in reliance on the Documentation and information you supply. You must exercise reasonable care to make that material complete and correct, and you retain a non-delegable duty to disclose everything required to import, export, or enter your goods. You agree to protect and reimburse Marine Air Land for claims, liability, and losses that result from information you failed to disclose, or from incorrect, incomplete, or false statements by you or your agents, representatives, or contractors on which we reasonably relied.

For cargo tendered to ocean carriers, you must supply verified weights obtained using calibrated, certified equipment. We may rely on those weights and may counter-sign or endorse them as your agent so the certified weight can be provided to the carrier. You will bear claims, losses, penalties, and costs arising from weight statements you provide that prove inaccurate or unreliable and on which we relied.

You must tell us in advance if you intend to tender hazardous materials, and you must comply with all applicable federal and international hazardous-materials rules.

7. Higher declared value

Carriers and other third parties often limit their liability for loss or damage. We will ask a third party for excess valuation coverage only when you instruct us in writing and agree to pay the related charges. If you do not give that instruction, or the third party declines higher coverage, we may tender the goods subject to that party’s own limits and conditions.

8. Cargo insurance

We have no duty to obtain insurance for you unless you ask us to do so in writing and we confirm that request in writing. Whenever insurance is arranged at your request, you are responsible for all premiums and associated costs.

9. Limitation of liability - $50 cap

Except as expressly stated in these Terms, Marine Air Land makes no express or implied warranties regarding its services. You may request insurance for cargo loss or damage up to the actual or declared value of a shipment or transaction, subject to your agreement to pay for that coverage and our written confirmation before services begin.

Marine Air Land will not be liable for consequential, indirect, incidental, statutory, or punitive damages, even if we were advised that such damages were possible, and we are not liable for the acts of third parties. For domestic transportation, we are likewise not liable for a motor carrier’s failure to maintain insurance, or for errors in coverage documents a motor carrier furnishes to us or to you.

10. Payment and advances

Unless we agree in writing to extend credit for a transaction, all charges are due in advance. Extending credit on one transaction does not waive the advance-payment requirement for any other transaction. When we advance duties, transportation charges, or similar amounts on your behalf, those payments are made as a pass-through for your account; we act only as a conduit for funds that are yours in trust.

11. Your indemnity obligations

You agree to defend, indemnify, and hold Marine Air Land harmless from claims, liability, fines, penalties, costs, and reasonable attorneys’ fees connected to the import or export of your merchandise or to your conduct - including inaccurate entry, export, or security data supplied by you or your agents or representatives in violation of federal, state, or other law. This obligation also covers liability, loss, damages, claims, and expenses we incur as a result of such matters. If a claim, suit, or proceeding is brought against us, we will notify you in writing at the address we have on file for you.

This indemnity extends to claims and costs that arise from actions we are required to take under customs regulations - including reporting to CBP - when we end or cancel our representation of you because, in our judgment, you are intentionally using our services to defraud or commit a criminal act against the United States Government.

12. Collect-on-delivery and payment instruments

We will handle written instructions for cash-on-delivery or collect-on-delivery shipments, bank drafts, cashier’s or certified checks, letters of credit, and similar payment arrangements with reasonable care. We are not liable if a bank or consignee refuses to pay for a shipment.

13. Collection costs and interest

If you dispute amounts owed to Marine Air Land, the prevailing recovery will include our costs of collection, including reasonable attorneys’ fees, plus interest at six percent (6%) per year or the highest rate allowed by law, whichever is less, unless we agree in writing to a lower amount.

14. Our lien on your property and right to sell

Marine Air Land holds a continuing lien on your property and related documents that come into our actual or constructive possession, custody, or control, including goods in transit. The lien survives delivery and secures all charges, expenses, and advances owed to us for the shipment at issue, for earlier shipments, or for both.

Before exercising the lien, we will give you written notice stating our intent, the exact amount due, and any ongoing storage or related charges. You must notify every party with an interest in your shipment of our rights and of the exercise of the lien.

If, within thirty (30) days after receiving that notice, you do not pay in cash, deliver an acceptable sight letter of credit, or - where the amount is disputed - post an acceptable bond equal to one hundred ten percent (110%) of the total amount due (covering the amount owed plus accrued and anticipated storage charges), we may sell the shipment at public or private sale or auction. Any net proceeds remaining after satisfaction of amounts owed will be refunded to you.

15. Recordkeeping

Under Sections 508 and 509 of the Tariff Act, as amended (19 U.S.C. §§ 1508 and 1509), the duty to keep records required by U.S. customs and other U.S. laws rests solely with you. Unless we separately agree in writing to act as your recordkeeper, we will retain only the records we are ourselves required by statute or regulation to maintain, and we do not serve as your recordkeeping agent.

16. Binding rulings, protests, and post-release work

We have no obligation to pursue pre-release or post-release customs actions - such as seeking a binding ruling, monitoring or advising on liquidations, or filing petitions or protests - unless you request the work in writing and we agree to it in writing.

17. Licensing

Unless you request it in writing and we agree in writing, Marine Air Land is not responsible for determining what import or export license or other authorization your goods require, or for obtaining any such license or authorization.

18. We are not a party to your transaction

Unless an officer of Marine Air Land agrees otherwise in writing, we are not a party to the underlying commercial transaction. We do not act as manufacturer, seller, buyer, importer, importer of record, or exporter, and we do not assume the obligations that attach to any of those roles in connection with the import or export of merchandise.

19. Bills of lading and shipping documents

When we prepare or issue a bill of lading or shipping document, you or your agent must provide the identifying marks, package count, quantity, weight, and apparent condition of the goods. Unless you specifically request in writing - and agree to pay for - independent verification, we will rely on and use the information you supply in the document we prepare.

20. Changes to these terms

These Terms may be changed only in a writing signed by both you and Marine Air Land. A unilateral attempt to modify them has no effect.

21. How we are compensated

Our compensation for services is separate from, and charged in addition to, the rates and charges of carriers and other agencies we engage to move or handle your goods. That compensation is exclusive of any brokerage, commissions, dividends, or other revenue we may receive from carriers, insurers, or others in connection with a shipment. For ocean exports, on request we will provide an itemized breakdown of the charges assessed and a true copy of each supporting document. If a matter is referred for collection or legal action to recover amounts you owe us and we recover, you will pay the collection and litigation expenses, including a reasonable attorneys’ fee.

22. Events beyond our control

Marine Air Land is not responsible for loss, damage, delay, misdelivery, missed delivery, or failure to perform - in whole or in part - when the cause lies beyond the reasonable control of Marine Air Land or its subcontractors. Such causes include natural disasters and severe weather (including flood, earthquake, tornado, storm, hurricane, and power failure), epidemics or other serious public-health crises, cybersecurity incidents (including outages and attacks), war, hijacking, robbery, theft, or terrorism, failures or deterioration of transportation equipment or infrastructure, embargoes, civil unrest or riots, defects or the inherent nature of the goods, acts or omissions of the Customer, shipper, consignee, or anyone else with an interest in the shipment, acts of any government or agency (including denial or cancellation of a needed import or export license), and strikes, lockouts, or other labor disputes. When such an event affects performance, we may adjust any tariff or negotiated freight or logistics rate on one (1) day’s notice to the extent needed to continue providing the requested service.

23. If a provision fails; waiver

If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect. Our decision to waive a provision, whether by conduct or otherwise, does not waive that provision for the future and does not waive any other provision.

24. California law; where suits must be brought

These Terms, and the relationship between you and Marine Air Land, are governed by the laws of the State of California, without regard to its conflict-of-laws principles. You and Marine Air Land each irrevocably consent to the jurisdiction of the United States District Court for the district encompassing our California operations and the state courts of California; agree that any action relating to services we performed may be brought only in those courts; consent to personal jurisdiction there; and agree that a judgment may be enforced in any jurisdiction.

Marine Air Land Intl Services LLC — Terms of Service. These Terms were prepared for Marine Air Land Intl Services LLC. Customers should direct questions about a specific shipment or entry to their Marine Air Land representative.