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1. Agreement; Publication

By requesting or accepting goods or services from Sealink International, Inc. and/or its subsidiaries, related companies, affiliates, and agents (collectively, “Sealink”), the Customer agrees to these terms and conditions (“Terms and Conditions”). These Terms and Conditions of service constitute a legally binding contract between Sealink and the Customer and form a part of and are fully incorporated in any application, bill of lading, request for booking, supplement to application or request for booking, or similar document, offer, instrument, or agreement between Sealink and Customer that refers to or makes available these Terms and Conditions. Sealink may from time to time change these Terms and Conditions. Any changes are effective immediately upon publication on our website at www.sea-link.com.

2. Definition

Certain terms defined below shall have the meanings in these Terms and Conditions as set forth below. Terms defined elsewhere in these Terms and Conditions shall have the meanings given to them where defined.

  • “Air Transport Regulations” means U.S. Department of Transportation hazardous materials transportation regulations (49 C.F.R. Parts 171, 172, and 173) and the current edition of the International Air Transport Association (IATA) Dangerous Goods Regulations.
  • “Air Transport Requirements” means the Air Transport Regulations and any other rules, regulations, laws, or other guidance provided by a Governmental Authority with respect to the air transport of goods.
  • “Customer” means the person or entity for which Sealink or any Sealink Provider is rendering the Services or underlying services, and such person or entity’s agents, representatives, including, but not limited to, suppliers, vendors, shippers, customers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, and consignees.
  • “Dangerous Goods” means (i) with respect to goods shipped by sea, the meaning set forth in the International Maritime Dangerous Goods Code published by the International Maritime Association, as may be amended, restated, supplemented, or otherwise modified from time to time, and (ii) with respect to goods shipped by air, items that may endanger the safety of an aircraft or persons on board the aircraft, including restricted articles, hazardous materials and dangerous cargo, as may be further set forth in the Air Transport Regulations.
  • “Dry Goods” means goods that are purely solid and dry.
  • “Governmental Authority” means the government of the United States of America or any other nation, or of any political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government.
  • “Montreal Convention” means the Convention for Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999
  • “Sealink Providers” means any of Sealink’s service providers or partners that Sealink contracts with as a broker or in a similar capacity to carry out any of the 2 Services or underlying services that are the business of such service providers or partners.
  • “Warsaw Convention” means, (a) the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, 12 October 1929, or (b) that Convention as amended at The Hague, 28 September 1955, or (c) that Convention as amended at The Hague 28 September 1955 and by Montreal Protocol No. 1, 2, or 4 (1975), whichever may be applicable.

3. Sealink

Sealink (a) is operating as a broker of motor carrier transportation (and not as a motor carrier) duly licensed by the Federal Highway Administration when providing services for shipment by motor carrier; (b) is operating as a non-vessel-operating common carrier (NVOCC) pursuant to its Ocean Transportation Intermediary (OTI) license issued by the United States Federal Maritime Commission when providing services by ocean vessel; (c) is operating as a shipper’s agent when providing services for shipment by rail; (d) is operating as an air and ocean freight forwarder when providing services for shipment by air or ocean; (e) is acting as a liaison agent for the Customer to handle (when handling/providing) their customs clearance and pay all freight, duties, demurrage, detention, per diem, pier pass and all and any charges related to import and transportation charges; (f) is acting as a broker of warehousing and distribution services (and not a provider of such services) when making available to a Customer such warehousing services; (g) is acting as a broker of freight insurance, rider insurance, or cargo insurance (and not a provider of such services) when making available to a Customer such services; and (h) is acting as a trade finance broker when (and not a provider of such services making available to a Customer such services (collectively, clauses (a)-(h), the “Services”).

4. Notice of Terms and Conditions.

It is the responsibility of the Customer, and Customer agrees, to provide notice and copies of these Terms and Conditions to all its agents or representatives

5. Customer’s Obligations

Customer shall:

  • Cooperate with Sealink and the Sealink Providers in all matters relating to the Services;
  • Respond promptly to any Sealink or Sealink Provider request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Sealink or the Sealink Providers to perform Services;
  • Provide such Customer materials or information as Sealink or the Sealink Providers may request to carry out the Services in a timely manner and ensure that such Customer materials or information are complete and accurate in all respects; and
  • Obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services before the date on which the Services are to start.

6. Third Parties

Sealink Providers. Sealink shall use reasonable care in its selection of third parties and Sealink Providers in connection with the Services and any engagements underlying the Services. Sealink’s selection of third parties and Sealink Providers shall not be deemed a representation or warranty by Sealink, nor does Sealink assume liability for, any action or inaction by such third parties or Sealink Providers. Without limitation, Sealink shall not be liable 3 for any damages, losses, or claims arising from or related to such third parties or Sealink Providers.

7. Taxes

The Customer shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any Governmental Authority on any amounts payable by the Customer.

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