TERMS AND CONDITIONS OF SERVICE
These terms and conditions of service constitute a legally binding contract between the “Company” and the
“Customer”. In the event the Company renders services and issues a document containing Terms and Conditions
governing such services, the Terms and Conditions set forth in such other document(s) shall govern those services.
1. Definitions.
(a) “Company” shall mean GYRO LOGISTICS INC, its subsidiaries, related companies, agents and/or representatives;
(b) “Customer” shall mean the person for which the Company is rendering service, as well as its agents and/or
representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen,
buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the
responsibility of the Customer to provide notice and copy(s) of these terms and conditions of service to ail such
agents or representatives;
(c) “Documentation” shall mean all information received directly or indirectly from Customer, whether in paper or
electronic form;
(d) “Ocean Transportation Intermediaries” (“OTI”) shall include an “ocean freight forwarder” and a “non-vessel
operating carrier”;
(e) “Third parties” shall include, but not be limited to, the following: “carriers, truckmen, cartmen, lightermen,
forwarders, OTIs, customs brokers, agents, warehousemen and others to which the goods are entrusted for
transportation, cartage, handling and/or delivery and/or storage or otherwise”.
2. Company as agent. The Company acts as the “agent” of the Customer for the purpose of performing duties in
connection with the entry and release of goods, post entry services, the securing of export licenses, the filing of export
documentation on behalf of the Customer and other dealings with Government Agencies: as to all other services,
Company acts as an independent contractor.
3. Limitation of Actions.
(a) Unless subject to a specific statute or international convention, all claims against the Company for a potential or
actual loss, must be made in writing and received by the Company, within ninety (90) days of the event giving rise to
claim; the failure to give the Company timely notice shall be a complete defense to any suit or action commenced by
Customer.
(b) All suits against Company must be filed and properly served on Company as follows:
(i) For claims arising out of ocean transportation, within one (1) year from the date of the loss;
(ii) For claims arising out of air transportation, within two (2) years from the date of the loss;
(iii) For claims arising out of the preparation and/or submission of an import entry(s), within seventy five (75) days
from the date of liquidation of the entry(s);
(iv) For any and all other claims of any other type, within two (2) years from the date of the loss or damage.
4. No Liability For The Selection or Services of Third Parties and/or Routes. Unless services are performed by
persons or firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable
care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling,
transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been
selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or
represents that such person or firm will render such services nor does Company assume responsibility or liability for
any actions(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of
any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all
claims in connection with the Act of a third party shall be brought solely against such party and/or its agents; in
connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for
any charges or costs incurred by the Company.
5. Quotations Not Binding. Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges
given by the Company to the Customer are for informational purposes only and are subject to change without notice;
no quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling or
transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are
agreed to between the Company and the Customer.
6. Reliance On Information Furnished.
(a) Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with the
Customs Service, other Government Agency and/or third parties, and will immediately advise the Company of any
errors, discrepancies, incorrect statements, or omissions on any declaration filed on Customers behalf;
(b) In preparing and submitting customs entries, export declarations, applications, documentation and/or export data to
the United States and/or a third party, the Company relies on the correctness of all documentation, whether in written or
electronic format, and all information furnished by Customer; Customer shall use reasonable care to insure the
correctness of all such information and shall indemnify and hold the Company harmless from any and all claims
asserted and/or liability or losses suffered by reason of the Customer’s failure to disclose information or any incorrect or
false statement by the Customer upon which the Company reasonably relied. The Customer agrees that the Customer
has an affirmative non-delegable duty to disclose any and all information required to import, export or enter the goods.
7. Declaring Higher Value To Third Parties. Third parties to whom the goods are entrusted may limit liability for
loss or damage; the Company will request excess valuation coverage only upon specific written instructions from the
Customer, which must agree to pay any charges therefor; in the absence of written instructions or the refusal of the
third party to agree to a higher declared value, at Company’s discretion, the goods may be tendered to the third party,
subject to the terms of the third party’s limitations of liability and/or terms and conditions of service.
8. Insurance. Unless requested to do so in writing and confirmed to Customer in writing, Company is under no
obligation to procure insurance on Customer’s behalf; in all cases, Customer shall pay all premiums and costs in
connection with procuring requested insurance.
9. Disclaimers; Limitation of Liability.
(a) Except as specifically set forth.herein, Company makes no express or implied warranties in connection with its
services;
(b) Subject to (c) below, Customer agrees that in connection with any and all services performed by the Company, the
Company shall only be liable for its negligent acts, which are the direct and proximate cause of any injury to Customer,
including loss or damage to Customer’s goods, and the Company shall in no event be liable for the acts of third parties;
(c) In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to
the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment
therefor, which request must be confirmed in writing by the Company prior to rendering services for the covered
transaction(s).
(d) In the absence of additional coverage under (b) above, the Company’s liability shall be limited to the following:
(i) where the claim arises from activities other than those relating to customs brokerage, $50.00 per shipment or
transaction, or
(ii) where the claim arises from activities relating to “Customs business,” $50.00 per entry or the amount of brokerage
fees paid to Company for the entry, whichever is less;
(e) In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory or punitive
damages even if it has been put on notice of the possibility of such damages.
10. Advancing Money. All charges must be paid by Customer in advance unless the Company agrees in writing to
extend credit to customer; the granting of credit to a Customer in connection with a particular transaction shall not be
considered a waiver of this provision by the Company.
11. Indemnification/Hold Harmless. The Customer agrees to indemnify, defend, and hold the Company harmless
from any claims and/or liability arising from the importation or exportation of customers merchandise and/or any
conduct of the Customer, which violates any Federal, State and/or other laws, and further agrees to indemnify and hold
the Company harmless against any and all liability, loss, damages, costs, claims and/or expenses, including but not
limited to reasonable attorney’s fees, which the Company may hereafter incur, suffer or be required to pay by reason of
such claims; in the event that any claim, suit or proceeding is brought against the Company, it shall give notice in
writing to the Customer by mail at its address on file with the Company.
12. C.O.D. or Cash Collect Shipments. Company shall use reasonable care regarding written instructions relating to
“Cash/Collect” on “Deliver (C.O.D.)” shipments, bank drafts, cashier’s and/or certified checks, letter(s) of credit and
other similar payment documents and/or instructions regarding collection of monies but shall have not liability if the
bank or consignee refuses to pay for the shipment.
13. Costs of Collection. In any dispute involving monies owed to Company, the Company shall be entitled to all costs
of collection, including reasonable attorney’s fees and interest at 15% per annum or the highest rate allowed by law,
whichever is less, unless a lower amount is agreed to by Company.
14. General Lien and Right To Sell Customer’s Property.
(a) Company shall have a general and continuing lien cm any and all property of Customer coming into Company’s
actual or constructive possession or control for monies owed to Company with regard to the shipment on which the lien
is claimed, a prior shipment(s) and/or both;
(b) Company 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 Company’s rights and/or the exercise of such lien.
(c) 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 Company,
guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, Company 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.
15. No Duty To Maintain Records For Customer. Customer acknowledges that pursuant to Sections 508 and 509 of
the Tariff Act, as amended, (19 USC §1508 and 1509) it has the duty and is solely liable for maintaining all records
required under the Customs and/or other Laws and Regulations of the United States; unless otherwise agreed to in
writing, the Company shall only keep such records that it is required to maintain by Statute(s) and/or Regulation(s), but
not act as a “recordkeeper” or “recordkeeping agent” for Customer.
16. Obtaining Binding Rulings, Filing Protests, etc. Unless requested by Customer in writing and agreed to by
Company in writing, Company shall be under no obligation to undertake any pre- or post Customs release action,
including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.
17. Preparation and Issuance of Bills of Lading. Where Company prepares and/or issues a bill of lading, Company
shall be under no obligation to specify thereon the number of pieces, packages and/or cartons, etc.; unless specifically
requested to do so in writing by Customer or its agent and Customer agrees to pay for same. Company shall rely upon
and use the cargo weight supplied by Customer.
18. No Modification or Amendment Unless Written. These terms and conditions of service may only be modified,
altered or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or
amend same shall be null and void.
19. Compensation of Company. The compensation of the Company for its services shall be included with and is in
addition to the rates and charges of all carriers and other agencies selected by the Company to transport and deal with
the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue
received by the Company from carriers, insurers and others in connection with the shipment. On ocean exports, upon
request, the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of
each pertinent document relating to these charges. In any referral for collection or action against the Customer for
monies due the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or
litigation, including a reasonable attorney fee.
20. Severability. 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.
21. Governing Law; Consent to Jurisdiction and Venue. These terms and conditions of service and the relationship
of the parties shall be construed according to the laws of the State of Florida without giving consideration to principals
of conflict of law.
Customer and Company
(a) irrevocably consent to the jurisdiction of the United States District Court and the State courts of Florida;
(b) agree that any action relating to the services performed by Company, shall only be brought in said courts;
(c) consent to the exercise of in personam jurisdiction by said courts over it, and
(d) further agree that any action to enforce a judgement may be instituted in any jurisdiction.
22. The company has a policy against payment, solicitation, or receipt of any rebate, directly or indirectly, which would
be unlawful under the United States Shipping Act of 1984.
23. Upon request, we shall provide a detailed breakout of the components of all charges assessed and a true copy of
each pertinent document relating to these charges.
24. If you are the importer of record, payment to the broker will not relieve you of liability for Customs charges (duties,
taxes, or other debts owed Customs) in the event the charges are not paid by the broker. Therefore, if you pay by check,
Customs may be paid with a separate check payable to the U.S. Customs Service which shall be delivered to Customs
by the broker.
[PRIVACY NOTICE]
GYRO LOGISTICS hereby declares to be responsible for the processing of your personal data.
Definitions:
Personal data: any information related to an identified or identifiable natural person.
Title holder: the natural person identifiable by the personal data or to whom it corresponds.
Responsible: private natural or legal person that decides about the personal data processing.
Processing: the personal data’s collection, use (which includes the personal data access, operation, use, transfer or disposition), advertisement or storage, by any means.
Transfer: all data communications with a person different from the processing responsible or in charge.
Primary purposes: the personal data collected from you shall be used for the primary purposes necessary for the service you request: economic, personal, labor and marketing purposes.
Method for collecting your personal data: for the activities indicated in this privacy notice, we can collect your personal data using several methods when you provide us it directly, and we collect the information using other sources allowed by the law.
Personal data collected directly: we collect your data directly when you send us. That data may be: email address, full name, phone number, cellphone number, address, birth date, financial data, federal taxpayer registry, among others, such as general information about your international trade operations, personal data collected when you visit our website or use our online services.
Personal data collected using other methods allowed by the law, such as email address, full name, phone number.
Other methods:
Webpage
Use of sensitive data: sensitive data is the one that affect the most intimate realm of the title holder, or which improper use may result in some sort of discrimination or severe risk for the title holder.
This privacy notice does not cover the use of personal data considered sensible.
Limits to the use or advertising of your personal data: the responsible for the information commits itself to perform only the actions listed below regarding your information: sending SMS messages, sending advertisement mail, sending emails and phone calls.
Personal data transmission: your personal data cannot be transferred inside the country or internationally, nor processed by parties that are not part of this company.
We commit not to transfer your personal information to third parties without your consent, except on the cases foreseen on the Law for Protection of Personal Data in Possession of Third Parties, and to accomplish this transfer according to the law.
Changes to the privacy notice: we reserve the right to modify, change or update this notice at any time, to reflect any current legislations, internal policies or new requirements to our products and services’ attention or offering, and we commit to keep this notice updated, for ease of reference.
The parts express that this notice shall be conducted by the legal dispositions enforceable by the dispositions of the Law for Protection of Personal Data.
If you consider that your personal data protection right has been harmed by our actions, responses or the conduct of any of our employees, or assume that during the processing of your personal data there was any violation to the Law for Protection of Personal Data in Possession of Third Parties, you can file a complaint or a claim with the Federal Institute of Access to Public Information (IFAI).