This page brings the legal terms from the JFS CHB Power of Attorney packet onto the website so customers can review them before completing onboarding documents.
If you are the importer of record, payment to the broker does not relieve you of liability for CBP charges in the event those charges are not paid by the broker. If you pay by check, CBP charges may be paid with a separate check payable to the U.S. Customs & Border Protection and delivered to CBP by the broker. Customers who want to use that procedure should contact JFS CHB in advance to coordinate timing.
The POA, any LLC or partnership addendum, and these terms should be reviewed together so the customer understands both the authorization language and the service relationship with JFS CHB.
These terms are presented for customer review during onboarding. The signed POA packet remains the governing legal document when executed by the customer.
“Company” means JFS CHB Inc., its subsidiaries, related companies, agents, and representatives. “Customer” means the person or company for whom JFS CHB provides service, together with its agents and representatives. “Documentation” means information received directly or indirectly from the customer, whether in paper or electronic form. “Third parties” includes carriers, warehousemen, truckers, customs brokers, OTIs, and others to whom goods are entrusted. “CBP” means U.S. Customs & Border Protection.
JFS CHB acts as the customer’s agent for entry and release of goods, post-entry services, export license support, export and security documentation, and dealings with government agencies. For other services, JFS CHB acts as an independent contractor.
Claims must be made in writing within ninety days unless a specific statute or convention applies. Ocean claims must be filed within one year, air claims within two years, import entry preparation claims within seventy-five days of liquidation, and other claims within two years from the event giving rise to the claim.
Unless JFS CHB is acting under express written instructions, it uses reasonable care in selecting third parties and routes but does not warrant those parties’ performance and is not liable for actions or omissions while a shipment is under third-party control.
Fee, duty, freight, insurance, and similar quotations are informational only and may change without notice unless JFS CHB specifically agrees in writing to handle the shipment at a stated rate and payment arrangement.
The customer must review declarations and filings prepared on its behalf and promptly report errors or omissions. JFS CHB relies on the accuracy and completeness of customer-provided information and documentation, and the customer must indemnify JFS CHB for losses resulting from incorrect, incomplete, or undisclosed information.
Third parties may limit their liability. JFS CHB will request excess valuation coverage only when specifically instructed in writing and when the customer agrees to pay any related charges.
JFS CHB is not required to procure insurance unless requested in writing and confirmed in writing. Premiums and costs are the customer’s responsibility.
Except as specifically set forth, JFS CHB makes no express or implied warranties in connection with its services. Liability is limited to direct losses caused by JFS CHB’s negligent acts and not by third parties. Without additional agreed coverage, liability is limited to $50 per shipment or transaction for non-customs claims, or $50 per entry or the brokerage fee paid for customs business, whichever is less. Consequential, indirect, incidental, statutory, or punitive damages are excluded.
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Charges must be paid in advance unless JFS CHB extends credit in writing. If JFS CHB advances duties, taxes, or similar sums, a 4% cash advance fee applies. Unpaid invoices incur 15% annual interest, prorated daily, unless a different written arrangement applies.
The customer agrees to indemnify, defend, and hold JFS CHB harmless from claims, penalties, liabilities, fines, attorney’s fees, and expenses arising out of the importation or exportation of customer merchandise, including inaccurate data or legal violations by the customer or its agents.
JFS CHB uses reasonable care regarding written collection instructions, bank drafts, cashier’s checks, letters of credit, and similar payment documents, but is not liable if a bank or consignee refuses payment.
In disputes involving money owed to JFS CHB, the company is entitled to collection costs, reasonable attorney’s fees, and interest at 15% per annum or the highest lawful rate, whichever is lower.
JFS CHB has a general and continuing lien on customer property in its possession or control for amounts owed. If amounts are not paid or otherwise secured after notice, JFS CHB may sell the shipment and apply proceeds to outstanding sums and charges.
The customer remains solely responsible for maintaining records required by law. Unless otherwise agreed in writing, JFS CHB keeps only those records it is required to keep by statute or regulation.
Unless requested by the customer in writing and accepted by JFS CHB in writing, JFS CHB has no obligation to obtain binding rulings, advise on liquidations, file petitions or protests, or undertake pre- or post-release actions.
When JFS CHB prepares or issues a bill of lading, it is not required to specify number of pieces or packages unless specifically requested in writing and paid for. JFS CHB may rely on cargo weights provided by the customer.
These terms may be modified only in a writing signed by both customer and JFS CHB. Any unilateral attempt to change them is void.
JFS CHB’s compensation is in addition to the charges of carriers and other agencies. On ocean exports, upon request, JFS CHB will provide a detailed breakout of assessed charges and supporting documents. Collection and litigation expenses are recoverable upon recovery.
JFS CHB is not liable for losses, delays, wrongful delivery, or nonperformance caused by events beyond its control, including natural disasters, war, theft, embargoes, civil unrest, inherent defects in goods, acts of government, license issues, or labor conflicts. Invalid provisions do not invalidate the remainder of the agreement.
These terms and the relationship of the parties are governed by California law. Customer and JFS CHB consent to jurisdiction and venue in the United States District Court and the State courts of California, and to the exercise of personal jurisdiction by those courts.