Customer Terms and Conditions
BROBUY INC., together with its affiliated companies, collectively doing business First Choice Shipping; and the above named customer (Customer) agree as follows
Term. The term of this Agreement shall begin on the date that this Agreement is submitted electronically by the Customer using the software on the First Choice Shipping website at URL www.firstchoiceship.com ( Online Application).and shall continue for until terminated by either party as provided in this Agreement.
Services. First Choice Shipping shall provide the Customer with the following services, together with such other and/or additional services as may be offered by First Choice Shipping from time to time and subject to the Customer’s eligibility for such services within the sole discretion of First Choice Shipping (collectively, Services):
- European Address service
- Shipping Services
- Forwarding Assistance
- Returns Acceptance
- Access to First Choice Shipping Full Control Monitoring System
- Tracking and Monitoring Services
- Customers Clearance Services
The obligations of First Choice Shipping, as agent for Customer, shall be limited to arranging for, but not direct performance of, transportation of goods tendered to First Choice Shipping by the Customer (Goods) for the purpose of handling transportation thereof to the destination requested by the Customer (Shipment). Affiliated companies that comprise First Choice Shipping include David and Sons Global Limited, Europart Import Limited, Europart Logistics Inc., and SBV Inc.
Rates, Duty and Payments. Charges for the Services are calculated using the software on the First Choice Shipping website at URL www.firstchoiceship.com (Online Application)based on the then-current rates at the time that the Customer initiates Shipment, based on the information provided by the Customer. Customers can obtain an estimate of the duty and taxes to be paid in connection with the Shipment using the Duty & Tax Calculator made available as a resource associated with the Online Application. The charges, duty and tax quoted at the time that the Customer submits the Online Application is an estimate only, based on the information provided by the Customer and the calculations made by the Customer using the tools made available by First Choice Shipping but powered by third parties (such as www.dutycalculator.com). All quotes are based on the data entered by the Customer. The actual fees for the Services, duty and tax will be calculated upon receipt of the Shipment based on the higher of (i) the Customer’s designated weight; (ii) the actual or volumetric weight; or (iii) a default rate where insufficient information provided by the Customer or where otherwise appropriate in the sole discretion of First Choice Shipping.
By providing First Choice Shipping with your payment information, the Customer consents to the deduction of all invoiced fees and charges from the credit card, debit card or bank account designated by the Customer, as updated from time-to-time on the Billing Preferences page. By notifying First Choice Shipping that you would like to utilize the “Autopay” setting option on the “Billing Preferences” page of the Online Application, the Customer consents to the automatic deduction of all invoiced fees and charges, as and when such payments fall due, from the credit card, debit card or bank account designated by the Customer, as updated from time-to-time on the Billing Preferences page. The Customer must remedy any underpayment in charges, duty or tax as soon as notified by First Choice Shipping of such underpayment and in any event prior to Shipment being initiated. First Choice Shipping reserves the right to adjust rates, charges and payment terms from time to time in its sole discretion. First Choice Shipping reserves the following rights in connection with payments administered on the First Choice Shipping website, whether on the Online Application, the Customer’s Preferences page or otherwise: (a) to impose a late fee of $25 for payments more than 14 days past due; (b) to pass on to the Customer any transaction fees and bank fees associated with payment of the account using a credit card, returned checks, or other costs incurred by First Choice in connection with payment or non-payment by any payment method; and (c) to impose convenience fee of up to 3% in the event that the Customer selects credit or debit card payment as the payment method on the Online Application.
A Credit Memo given to a customer expires 6 months from the date the credit memo was generated.
Third Party Carriers. The Customer acknowledges and agrees that First Choice Shipping can, and in most cases shall, tender the Goods to third party freight forwarders, brokers, or other carriers (collectively, Carrier) on the Customer’s behalf, pursuant to the packaging, labeling and other requirements of the Carrier. The Carrier selected to handle any particular Shipment is in the sole discretion of First Choice Shipping. The Customer further acknowledges that First Choice Shipping is not a Carrier, but rather a liaison between the Customer and the Carrier.
Customer Obligations. The Customer is at all times the shipper of record and shall be responsible to First Choice Shipping for the timely and accurate delivery of instructions, declared value, and description of the Goods, including any special handling requirements for the Goods or any component thereof. The Customer shall cooperate with First Choice Shipping in the performance by First Choice Shipping of the Services, including, without limitation, providing First Choice Shipping with timely access to data, information and personnel of the Customer. The Customer shall be solely responsible for the performance of its employees and agents and for the accuracy and completeness of all data and information and documents provided to First Choice Shipping for purposes of the performance by First Choice Shipping of the Services. The Customer shall obtain all consents necessary from third parties required for First Choice Shipping to perform the Services. First Choice Shipping shall rely on the representations of the Customer in relation to the nature of the Goods, the absence of Prohibited Goods (defined below) in the Shipment, the declared value of the Goods, and the accuracy and completeness of the paperwork that accompanies the Shipment (which, if completed by First Choice Shipping, will be based on the information provided by the Customer without any independent verification.) Any and all claims, charges, customs broker fees, excess tax or duty, seizure, fine, penalty, or other adverse consequences that may arise in connection with the Shipment at the destination point of entry or otherwise, will remain wholly the responsibility of the Customer. The Customer shall indemnify and hold First Choice Shipping harmless in connection with same, and shall immediately reimburse First Choice Shipping in the event that First Choice Shipping incurs any additional costs or charges associated with the Shipment. The Customer shall have sole responsibility for the performance of third party contractors or vendors engaged by the Customer, and for delays caused by such third parties, in connection with the Goods or the Shipment, even if First Choice Shipping has been involved in recommending or selecting such contractors or vendors, or in the monitoring of their work. The Customer is solely responsible for its own contractual relationships with third parties and for ensuring that they cooperate with First Choice Shipping. If Customer has not responded a First Choice Shipping inquiry concerning a shipment within 15 calendar days, First Choice Shipping, at its election, may dispose of the shipment, or ship it back at Customer’s expense.
Returns. The Services include the facilitation of Amazon returns pursuant to Amazon’s return policy or those of any other applicable third party portal or the Customer directly. Additional charges shall apply, including but not limited to fees for freight services, warehousing, and full advance and/or reimbursement of all other costs and expenses associated with facilitating returns. The Customer is at all times responsible for the condition of the returned Goods, including any loss or damage incurred in any warehouse or storage facility utilized by First Choice Shipping in connection with facilitating returns or otherwise. First Choice Shipping is under no obligation to maintain any insurance in connection with such warehousing or storage, which will be held at the Customerâ€™s own risk. After thirty (30) days, First Choice Shipping is hereby authorized by the Customer to ship the returned Goods to the Customer at the Customerâ€™s sole expense. In the event of a removal order by Amazon or other third party retail portal, the Customer is solely responsible should the declared value fail to match the invoice that accompanies the Shipment, and the Customer shall be solely responsible for all costs and expenses relating to same, including but not limited to any import taxes in the event that the Goods have to be shipped back to the point of origin. First Choice Shipping is not responsible for quantity or other discrepancies in Goods tendered by Amazon or other third parties. First Choice Shipping reserves the right to refuse to handle any shipment or return.
Prohibited Goods. The Customer acknowledges that the Customer is on notice that the following listed Goods (Prohibited Goods) are strictly prohibited and that First Choice Shipping will not provide the Services in connection with any Prohibited Goods. The Customer warrants and represents that no Prohibited Goods whatsoever shall be included in any Shipment, which shall include but not be limited to the following:
- Lithium batteries, except in compliance with the International Air Transport Association (IATA) regulations pertaining to the transport of lithium batteries as cargo 2016 Update III
- Flammable liquids (including but not limited to perfume, alcohol) except in compliance with applicable regulations.
- Live animals, plants, or insects.
- Animal products, food products, including but not limited to dairy and other perishable foodstuffs and foods and beverages whether or not requiring refrigeration or other environmental control.
- Fruits and vegetables.
- Hazardous materials, explosives of any (including firecrackers), nitrocellulose, and other items that may endanger the safety of aircraft or persons on board the aircraft, including hazardous waste, including, but not limited to, used hypodermic needles or syringes, or other medical waste.
- Cash, gold bullion, bank bills, coins, currency, paper money and negotiable instruments equivalent to cash, such as endorsed stocks, Stocks, bonds, drafts and cash letters, including, but not limited to, food stamps, traveler’s checks, lottery tickets, money orders, gift cards and gift certificates, prepaid calling cards (excluding those that require a code for activation), bond coupons, and bearer bonds.
- Goods deemed unacceptable for transportation, in the sole discretion of the Carrier or of First Choice Shipping.
- Goods determined to be “dangerous” by IATA regulations, as amended from time to time, or the International Civil Aviation Organization ( ICAO) or local civil aviation authority regulations that govern the transportation of Goods on board aircraft.
- Goods that violate any patent, copyright or trademark laws in the United States or country of destination.
- Pharmaceuticals, biological products, diagnostic/etiologic agent, and medical devices and other products under U.S Food & Drug Administration or other agency regulations.
- Alcohol and alcoholic beverages except by properly licensed entities.
- Tobacco and all tobacco products, including but not limited to, cigarettes, cigars, loose tobacco, smokeless tobacco, hookah, or shisha. (Except on intra-Canada and intra-Mexico shipments only)
- Collectible coins and stamps.
- Postage stamps, Revenue, or Tax Stamps
- Animal carcasses. (Taxidermy, animal heads and other parts for taxidermy may be accepted but must be properly packaged)
- Human corpses, human organs or body parts, human and animal embryos, or cremated or disinterred human remains
- Shipments or commodities that are prohibited by applicable local, state or federal law or require First Choice Shipping to obtain a local, state or federal license for their transportation
- Lottery tickets and gambling devices where prohibited by local, state, federal, provincial or national law.
- Pornographic and/or obscene material which is prohibited by law.
- Liquids, in bulk, requiring special tank truck equipment.
- Tires that can be defined as used, defective, scrap, salvage, waste, or are otherwise other than new. Aircraft tires are expressly exempt from this prohibition and are not considered as restricted articles.
- Freight requiring refrigeration or protection from heat, excluding shipments protected by the Consignor.
- Carbon Black or fine powder particles demonstrating similar characteristics to Carbon Black.
- Articles of extraordinary value (extraordinary value is defined as items valued in excess of $50 per pound per package).
- Any commodity that by its inherent nature is particularly susceptible to damage or the market value of which is particularly variable or difficult to ascertain.
- Any item otherwise prohibited by federal, state or local law, rule or regulation.
Inspection of Shipments; Right to Reject Shipments; Changes to Documents. First Choice Shipping and the Carrier are authorized by the Customer, but not obligated, to inspect all Goods contained in any Shipments in connection with which the Services are provided, for any reason or for no reason, without notice to the Customer. First Choice Shipping reserves the right to reject Shipments for any reason. The Customer hereby authorizes First Choice Shipping and/or the Carrier to make such changes to the documents and labeling relating to the Shipment for completeness and accuracy, to facilitate carriage or compliance with regulations, or for any other reason in its sole discretion. Notwithstanding the above, neither First Choice Shipping nor the Carrier is obligated to make any such changes even if failure to do so results in the rejection of any Shipment by customs or otherwise.
Import and Export Clearance. First Choice Shipping is not obligated to act as importer or exporter of record in any transaction. Absent specific instruction appointing a forwarding agent for export reporting or a licensed customs broker in the country of import, First Choice Shippingis authorized to act through its licensed officers and employees, affiliates, subagents, lawful designees, and its duly authorized agents, as Customer’s attorney in fact as a true and lawful agent(s) and attorney (ies) of Customer for and in the name, place, and stead of Customer from this date, and in all states of the United States and United States Customs Districts, and elsewhere worldwide, to conduct all of affairs and to exercise all of legal rights and powers, and anything whatever requisite and necessary to be done incident to the exportation, importation, transportation, movement, clearance, lading and unlading of merchandise handled for Customer including: (1) to act as its forwarding agent for export control and customs purposes; (2) to make, endorse, sign, declare, or swear to any export declarations. electronic or manual, U.S. shipper’s export declaration, automated export system transactions, export documents, entry, withdrawal, declaration, certificate, bill of lading, carnet or other document required by law or regulation in connection with the transportation, exportation, or importation, of any merchandise shipped or consigned by or to Customer; (3) to perform any act or condition which may be required by law or regulation in connection with such merchandise; (4) to receive any merchandise delivered to said Customer; (5) to authorize and designate subagents and to execute powers of attorney on behalf of Customer delegating full power and authority here under and specifically to authorize and designate Customs Broker(s) and to execute powers of attorney on behalf of Customer designating Customs Broker(s) to act as Customer’s agent; (6) to sign, seal and deliver for and as the act of said Customer any bond required by law or regulation in connection with the entry or withdrawal of imported merchandise or merchandise exported with or without benefit of drawback, or in connection with the entry, clearance, lading, unlading or navigation of any vessel or other means of conveyance owned by or operated by said Customer, and any and all the bonds which may be voluntarily given and accepted under applicable laws and regulations, consignee’s and owner’s declarations, as amended, or affidavits in connection with the entry of merchandise. If Customer is a nonresident of the United States, allow designation of a Customer Broker to accept service of process on behalf of Customer. To this end, Customer agrees to supply its Employee Identification Number (EIN), social security number (SSN) or similar information, and to execute all forms or documents necessary to carry out this provision.
Limitation on Warranties. This is a services engagement. First Choice Shipping warrants that it will perform services here under and provide access to the online application software in good faith. First Choice Shipping disclaims all other warranties, either express or implied, including, without limitation, warranties of fitness for a particular purpose.
Limitation of Liability. Customer agrees that First Choice Shipping, its officers, shareholders, employees, contractors and agents shall not be liable to the Customer for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to the Services performed here under for an aggregate amount in excess of the fees paid by Customer to First Choice Shipping in connection with the Services, except in the case of gross negligence or willful misconduct by First Choice Shipping. In no event shall First Choice Shipping, its officers, shareholders, employees, contractors and agents be liable for consequential, special, indirect, incidental, punitive or exemplary damages, costs, expenses, or losses (including, without limitation, lost profits and opportunity costs) nor shall they be liable for any claim or demand against the Customer by any third party. The limited liability provisions set forth above shall apply regardless of the form of action, damage, claim, liability, cost, expense, or loss, whether in contract, statute, tort (including, without limitation, negligence), or otherwise. The liability of First Choice Shipping in connection with direct damages claimed by the Customer is limited to the lesser of (a) the actual value of the Goods contained in the Shipment as declared by the Customer in the Online Application; or (b) $100.00. First Choice Shipping is under no obligation to procure insurance on Customer’s behalf in all cases. In the event that the Customer requires additional protection, the Customer shall be solely responsible for arranging for additional insurance to cover the Shipment through a third party underwriter. Unless subject to a specific statute or international convention, all claims against the First Choice Shipping for a potential or actual loss, must be made in writing and received by the First Choice Shipping, within sixty (60) days of the event giving rise to claim; the failure to give the First Choice Shipping timely notice shall be a complete defense to any suit or action commenced by Customer. All suits against First Choice Shipping must be filed and properly served on First Choice Shipping within six months from the date of the loss or damage.
Delays; Force Majeure. Although First Choice Shipping will make every reasonable effort to ensure that the Shipment is delivered with reasonable dispatch in accordance with the Carrier’s regular delivery schedule, neither the Carrier nor First Choice Shipping guarantee the estimated delivery time of a shipment. Neither the Carrier nor First Choice Shipping shall be liable for any damages or loss caused by delays, whether reasonable or unreasonable. The Customer agrees that estimated dates of arrival of any shipments are estimates only. Any delay or failure in the performance by First Choice Shipping hereunder shall be excused if and to the extent caused by the occurrence of fires, floods, explosions, riots, wars, hurricane, sabotage, terrorism, vandalism, governmental acts, labor strikes, and other such events that are beyond First Choice Shipping’s reasonable control.
Late Fees, Interest andRemedies for Non-Payment. In the event that the Customer fails to pay any First Choice Shipping invoice within thirty (30) days of receipt, First Choice Shipping may, in its sole discretion, proceed with any and all civil and monetary remedies to enforce payment, including filing of any lawsuit or requesting to go to arbitration. If such action is taken, the Customer shall be responsible for any and all legal fees, court costs and other incidental costs associated with such enforcement of payment, before and after any court or arbitration filing or proceeding. First Choice Shipping shall have a general and continuing lien on any and all property of Customer coming into First Choice Shipping’s actual or constructive possession or control for monies owed to First Choice Shipping with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both. First Choice Shipping shall provide written notice to Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage or other charges; Customer shall notify all parties having an interest in its shipment(s) of First Choice Shipping’s rights and/or the exercise of such lien. Unless, within thirty days of receiving notice of lien, Customer posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favor of First Choice Shipping, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, First Choice Shipping shall have the right to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer.
Representations and Warranties.
- The parties each warrant and represent that they are not a party to any contract with any third party that would impair their ability to perform any of the obligations pursuant to this Agreement.
- The undersigned signatories for each of the parties warrant and represent that they are duly authorized to enter into this Agreement on behalf of such party and by their signature to bind the respective parties.
No Partner or Employer Relationship. Nothing in this Agreement is intended to establish either First Choice Shipping or the Customer as a partner, joint venturer or employee of the other party for any purpose. Each party is solely responsible for payment of any and all income taxes payable in connection with monies received by such party as a result of this Agreement or otherwise.
Termination. First Choice Shipping may terminate this Agreement and the Services at any time for any reason or for no reason. First Choice Shipping shall terminate this Agreement and refuse to provide the Services to the Customer without notice in the event that the Customer is in breach of this Agreement, in the sole discretion of First Choice Shipping. For the avoidance of doubt, First Choice Shipping has a zero tolerance policy in connection with the inclusion of Prohibited Goods, and the misdescription or under-reporting of the declared value of any Shipment.
Notices. All notices by any party shall be addressed to the other party at the mailing address set forth on the first page of this Agreement or to such other address as the party may from time to time designate in writing for this purpose.
No Assignment. Neither party may assign their rights or obligations pursuant to this Agreement to any third party absent advance written approval by the other party.
General. This Agreement sets forth the entire understanding of the parties and may not be modified except by a written document signed by both parties. In the event that any one or more of the provisions of this Agreement is held to be invalid or unenforceable, the remaining provisions will not in any way be affected or impaired thereby. This Agreement shall be deemed to have been made in the State of New York and shall be construed and enforced in accordance with the laws of the State of New York applicable to contracts negotiated, executed and performed within said State, without respect to choice of law provisions. The parties irrevocably consent and agree to the personal jurisdiction and venue for the resolution of any such dispute in the federal and state courts, Country of Kings, New York City, New York. In the event of any controversy or claim arising out of or relating to this Agreement, or the breach thereof, the parties shall make a good faith effort to resolve such dispute through mediation. In the event that a dispute is not successfully resolved following no less than six (6) hours of mediation, then same shall be settled by arbitration under the administration and rules of any qualified body or independent arbitrator upon which the parties agree. In any such dispute the non-prevailing party shall bear the costs and expenses of the prevailing party. The parties further agree that any action to enforce a judgment may be instituted in any jurisdiction. In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect. First Choice Shipping’s decision to waive any provision herein, either by conduct or otherwise, shall not be deemed to be a further or continuing waiver of such provision or to otherwise waive or invalidate any other provision herein. If insurance was not purchased on your shipment, First Choice will not take liability if any damage or loss occurs. Most couriers offer up to $100 per box without insurance, if the claim is approved. An investigation can only be opened within 30 days of the original scheduled delivery date. First Choice will need the following details in order to start the investigation. If the details are not provided within 7 business days, the case will be closed. FBA numbers are required to be on the shipping labels. We will need proof that your shipment was not delivered. For Amazon shipments we will require a screenshot of your Shipping Queue page on Amazon. The weight on the label will need to match the actual weight to avoid discrepancies.