Terms and Conditions
1. DEFINITIONS: In these Terms and Conditions of Service, “ALEX AUTO” means ALEX AUTO EXPORT COMPANY “Cartage” means the portion of surface carriage occurring before or after the transport of a Shipment aboard an aircraft. “Convention” means the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed in Warsaw on October 12, 1929, as amended. by The Hague Protocol in 1955, the Montreal Protocol 1, 2 or 4 or the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal in 1999, whichever may be applicable to the international carriage of a Shipment. “Merchant” means the shipper, a party from whom the Shipment is received, the party who requested the Shipment be transported by ALEX AUTO, the party receiving delivery of the Shipment, any party having an interest in the Shipment, and any party acting as an agent for any of the foregoing. “Shipment” means all pieces which are tendered to and are accepted by ALEX AUTO for transportation, whether as agent of Merchant or on a single air waybill or bill of lading between origin and destination points specified by Merchant.
2. AGREEMENT TO TERMS:
a. In tendering a Shipment for carriage, Merchant agrees that these Terms and Conditions of Service constitute a binding contract, and further agrees that no agent, servant or employee of the parties may alter, modify or waive them except as set forth herein. Merchant understands and agrees that carriage may be subject to the Convention or other compulsory law. In the event any Shipment is tendered to ALEX AUTO on a straight bill of lading or any other shipping document, Merchant agrees that these Terms and Conditions of Service supersede any rules, regulations or contractual terms contained on the shipping document(s) upon which the Shipment was tendered. ALEX AUTO, in the event it issues a waybill or bill of lading, such waybill or bill of lading shall be a non-negotiable document and all ALEX AUTO’s services are rendered per these Terms and Conditions of Service only, as they may be amended from time to time at ALEX AUTO’s discretion, unless superseded by the Convention or other compulsory law. These Terms and Conditions are maintained and published at www.ALEX AUTOexport.com and are otherwise available on request.
b. Any exclusion or limitation of liability or other provision benefiting ALEX AUTO shall apply to and be for the benefit of ALEX AUTO’s agents, servants, subcontractors and representatives and any person providing services covered by this contract of carriage. Any such limitation of liability shall be a single, aggregate limitation, and satisfaction of such limitation by any one or more of the foregoing shall act as a satisfaction of such limitation by all of them. It shall also result in a full assignment and release of claims by each Merchant. Without prejudice to the foregoing, no benefits hereunder extend to any such persons with respect to any claim brought against them by ALEX AUTO. Shipper warrants that no claim shall be made against any servant, agent or other person (including any independent contractor) whose services have been used in order to perform the contract of carriage without the prior written consent of ALEX AUTO.
c. Under these Terms and Conditions, ALEX AUTO may utilize different modes of transportation to assist Merchant. ALEX AUTO operates as a domestic and international air freight forwarder, providing air services as a Transportation Security Administration (TSA) licensed Indirect Air Carrier. ALEX AUTO is also licensed by the Federal Maritime Commission to provide ocean transportation services. Ocean transportation services are not covered by these Terms and Conditions of Service, but are instead subject to ALEX AUTO’s filed ocean services tariff in effect at the time of shipment.
d. ALEX AUTO may act as a principal or as the agent of the Merchant. ALEX AUTO acts as an agent except where: (1) it issues a transport document such as an air waybill or bill of lading evidencing its obligation to deliver goods; or (2) ALEX AUTO’s direct employees are physically handling a Shipment. When acting as an agent, ALEX AUTO acts solely on behalf of the Merchant in engaging the services of third parties on the usual terms and conditions on which the third parties offer services for the carriage, storage, packing, consolidation or handling of any goods, or for any other service in relation to them, thereby establishing a direct contract between the Merchant and the provider capable of being enforced by the Merchant as principal, whether or not the Merchant is identified in such contract. The Merchant acknowledges that it shall be bound by the terms and conditions of the transportation agreements of the third parties into whose custody a Shipment may be entrusted.
3. MERCHANT’S OBLIGATIONS:
a. The Merchant shall comply with all applicable laws, rules and regulations of any government or government agency applicable to the Shipment including those relating to: (i) the packing, carriage, sealing, identification or delivery of the goods or, (ii) any aviation or other general freight transport security requirements which must or ought to be complied with by the Shipper.
b. The Merchant shall furnish complete and accurate information and provide to ALEX AUTO such documents as may be necessary to comply with such laws, rules and regulations and enable ALEX AUTO to fully complete the contract of carriage. ALEX AUTO is not liable to the Merchant or any other person for loss or expense due to the Shipper’s failure to comply with this provision.
c. The Merchant warrants that: (i) it is either the owner of the goods or the authorized agent of the owner of the goods and further warrants that it is authorized to accept and is accepting these Terms and Conditions of Service not only for himself but also as agent for and on behalf of the owner of the goods and all other persons who are or may hereafter become interested in the goods; (ii) the description and particulars of any goods furnished by or on behalf of the Merchant are complete, timely and accurate, and do not contain any irregularities; (iii) all goods are in good order and condition, have been properly and sufficiently prepared, packed, stowed, labeled, sealed, identified and/or marked to ensure safe transportation with ordinary care handling, and that the preparation, packing, stowage, labeling and marking are appropriate to any operations or transactions affecting the goods and characteristics of the goods; (iv) the goods do not comprise or contain any explosive, incendiary or other device, substance or weapon which may endanger life or the safety of any airplane, vehicle or other transport conveyance to be used in connection with the carriage of the goods or which may cause or may be likely to cause loss, damage, injury to or death of any person or property; (v) the goods do not comprise or contain any dangerous or hazardous materials within the meaning of the Hazardous Material Regulations of the U.S. Department of Transportation, the IATA Dangerous Goods Regulations, Perishable Cargo Regulations, or Temperature Control Regulations each as revised from time to time (collectively the “Dangerous Goods Regulations”) and the Merchant will not tender such goods to ALEX AUTO; and (vi) the goods will comply with all laws applicable to their transit in either the country of origin, any countries over or through which the goods will transfer, or the destination country.
d. Any Shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling. Notations on delivery documents such as “subject to inspection” and/or “subject to recount,” or similar, are not valid exceptions.
4. RATES; RE-WEIGH/RE-MEASUREMENT: Rates and charges for a Shipment will be based on actual or dimensional weight, whichever is greater. Dimensional weight criteria may differ depending on how a Shipment is transported. Merchant shall provide weight and measurements for Shipments; however, Shipments are subject to re-weigh and re-measurement by ALEX AUTO and/or carriers engaged to transport a Shipment. If the weights or measurements of the Shipment as delivered are different from Merchant’s representations, or if pick-up or delivery time or location is changed by Merchant, ALEX AUTO’s rates, charges and fees are subject to change at ALEX AUTO’s discretion.
5. LIMITATION ON LIABILITY: ALEX AUTO shall be liable for any cargo loss, damage or delay for any services only to the extent caused by its negligence or willful misconduct, and, unless subject to any compulsory law or regulation, then subject to the following limits:
a. AIR AND COMBINED AIR/GROUND SERVICE: For all U.S. domestic Shipments, including Shipments to or from Puerto Rico and/or U.S. Territories, where ALEX AUTO issues an air waybill, ALEX AUTO’s liability for any loss or damage to a Shipment is limited to the lesser of: 1) Merchant’s actual damages; or 2) fifty U.S. dollars ($50.00) per Shipment; or 3) fifty U.S. cents ($0.50) per pound per item affected, but shall not exceed the Shipment’s repair cost, depreciated value or replacement cost. ALEX AUTO’s liability will in no event exceed the actual invoice value of the specific goods adversely affected. Merchant may increase ALEX AUTO’s liability for damage by declaring an “excess” value on a Shipment as set forth herein.
b. INTERNATIONAL AIR SERVICE: Where ALEX AUTO issues an air waybill for an international air Shipment, all of the following terms shall govern: 1) all rules relating to liability as established by the Convention shall apply; 2) except as otherwise provided herein, and as to carriage to which the Convention does not apply, ALEX AUTO’s liability shall not exceed that set forth in part (a), above, to the extent not repugnant to compulsory law; and 3) Merchant accepts ALEX AUTO’s air waybill as Merchant’s letter of instruction with authorization to prepare and sign on Merchant’s behalf international shipping documents. ALEX AUTO reserves the right to act solely as agent of the air carrier, instead of as a forwarder/principal, in which event Merchant agrees to be bound by the nominated air carrier’s tariff and/or terms and conditions applicable to such Shipment. If ALEX AUTO arranges Cartage services incidental to an international air shipment, unless governed by any compulsory law, ALEX AUTO’s liability for cargo loss, damage or delay proven to have occurred during such Cartage shall be as set forth in subparagraph (a), above. Declared values will be subject to an excess value charge as set forth herein.
c. ALL-GROUND INTERNATIONAL SERVICE: For services between non-U.S. points, or between the U.S. and Canada or Mexico, where ALEX AUTO has issued a bill of lading, and unless superseded by compulsory law, ALEX AUTO’s liability shall be as set forth in Section (a), above.
d. OTHER SERVICES: ALEX AUTO’s liability for any services not otherwise defined in these Terms and Conditions of Service, including, but not limited to, where ALEX AUTO is acting as agent of Merchant and has not issued an air waybill, shall be a maximum of one hundred dollars $100.00.
6. DECLARING HIGHER EXCESS VALUE: Where ALEX AUTO issues an air waybill, ALEX AUTO’s customary and standard rates for carriage are “release rates” subject to the limitations of liability set forth in Section 5. If you do not declare excess value on a Shipment, you are agreeing to those limits of liability. Merchant may opt to increase ALEX AUTO’s liability (but subject to Section 5) by declaring in writing at least 24 hours in advance of tender an excess value on the air waybill or bill of lading, up to a maximum of $10,000.00 without pre-approval by ALEX AUTO. The charge for declared value coverage is $2.75 per $100.00 in value. Please contact ALEX AUTO for further information or if you have any questions about how liability is allocated in our business. You may declare a value in excess of $10,000.00 ONLY when pre-approved in writing by ALEX AUTO.
7. LIABILITIES NOT ASSUMED: ALEX AUTO shall not be liable for any loss, damage, non-delivery or delay caused by the act, default or omission of Merchant or the consignee, the nature of the Shipment or any defect, characteristic, or inherent vice thereof, any act of God, perils of the air, public enemies, public authorities acting with actual or apparent authority of law, acts or omissions of Customs or quarantine officials, riots, strikes, civil commotions, hazards incident to a state of war, terrorism, weather conditions, delay of aircraft or other vehicles used in providing transportation services or acts or omissions of any carrier or any other entity or person to whom a Shipment is tendered by ALEX AUTO (where ALEX AUTO shall be deemed as acting as Merchant’s agent) for transportation beyond that provided for and agreed to by ALEX AUTO in the ALEX AUTO air waybill, regardless of whether Merchant requested or had knowledge of such third party delivery arrangement. ALEX AUTO SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, INCOME, INTEREST, UTILITY, OR LOSS OF MARKET, WHETHER OR NOT ALEX AUTO HAD KNOWLEDGE THAT SUCH DAMAGE MIGHT BE INCURRED.
8. CLAIMS PROCEDURES: All claims against ALEX AUTO must be timely made in writing, sufficiently describing the factual details of the claim and including a bona fide replacement cost estimate. No claim will be processed by ALEX AUTO until all transportation charges have been paid in full. In the event of a claim the Shipment, its container(s) and its packing material must be made available to ALEX AUTO for reasonable inspection at the delivery location. Under no circumstances will ALEX AUTO be liable for loss and/or damage to external shipping containers of any kind. Written notice as required herein must be sent to: ALEX AUTO Export Company, LLC, 1700 W. Blancke Street, Linden, NJ 07036.
a. Time for Filing: written notice of claim must be received by ALEX AUTO within: (i) 14 days from the date of delivery; (ii) 21 days from the original expected date of delivery in the case of delay; and (iii) 120 days in the case of non-delivery of the Shipment, calculated from the date the Shipment was accepted by ALEX AUTO.
b. Exception for Concealed Damage Claims: “Concealed damage” means damage and/or loss discovered by the consignee after delivery when no notification of loss or damage has been made on the delivery receipt by the consignee upon actual receipt of the Shipment. If claims for concealed damage are not timely made, a presumption shall exist that such damage occurred subsequent to delivery, and the claim will be declined. All claims for concealed damage must be reported to ALEX AUTO in writing within 48 hours of the time of delivery and a written claim must be made within 14 days of the time of delivery.
c. Limitations on actions: Unless subject to a specific statute or international convention, ALEX AUTO will not be liable in any action brought to enforce a claim unless the above claims procedures have been complied with and unless such action is brought within 1 year after the date written notice is given to the claimant that ALEX AUTO has disallowed the claim in whole or in part. The failure to give ALEX AUTO timely notice of a claim in accordance with these Terms and Conditions of Service shall be a complete defense to any action commenced by Merchant.
9. SERVICES NOT GUARANTEED: Unless agreed to in writing in advance of a Shipment, ALEX AUTO undertakes to complete carriage with reasonable dispatch and does not guarantee pick up, transportation or delivery by a stipulated date or a stipulated time, nor shall ALEX AUTO be liable for the consequences of failure to do so.
10. ANCILLARY SERVICE PROVIDERS: ALEX AUTO, as agent for Merchant, shall use reasonable care in its selection of third parties that provide ancillary services to the transportation of a Shipment, such as packing, packaging or crating (or uncrating). Advice by ALEX AUTO that a particular person or firm selected to render ancillary services shall not be construed to mean that ALEX AUTO warrants or represents that such person or firm will render such services nor does ALEX AUTO assume responsibility or liability for any actions(s) of such third parties and/or its agents.
11. RECORDKEEPING: Merchant acknowledges that it has the sole responsibility for maintaining records required of it by law and ALEX AUTO has no obligations or liability related thereto. ALEX AUTO shall only be required to keep those records required of it by applicable law or regulation.
12. INSURANCE: ALEX AUTO is not an insurer of any Shipment and is under no obligation to procure insurance on Merchant’s behalf. Merchant is urged to procure adequate insurance coverage of its goods in transit.
13. QUOTATIONS NOT BINDING: Quotations as to fees, rates of duty, freight charges or other charges given by ALEX AUTO to the Merchant are for informational purposes only and are subject to change without notice. No quotation shall be binding upon ALEX AUTO unless an authorized representative of ALEX AUTO in writing agrees to undertake the handling or transportation of the Shipment at a specific rate or service level and payment arrangements are agreed to between ALEX AUTO and the Merchant prior to tender of the Shipment to ALEX AUTO.
14. INDEMNIFICATION/HOLD HARMLESS: THE MERCHANT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS ALEX AUTO FROM AND AGAINST, AND SHALL PAY AND REIMBURSE ALEX AUTO FOR ANY AND ALL DIRECT AND INDIRECT LIABILITIES, CLAIMS, LOSSES, EXPENSES, COSTS (INCLUDING ATTORNEY FEES) OR DAMAGES (FOR PURPOSES OF THIS PROVISION, “CLAIMS”) INCURRED OR OCCASIONED BY (i) A BREACH BY THE MERCHANT OF ANY OF THE WARRANTIES CONTAINED HEREIN; (ii) THE FAILURE OF THE MERCHANT TO COMPLY WITH THESE PROVISIONS; (iii) ALEX AUTO’S EXECUTION OF MERCHANT’S INSTRUCTIONS; (iv) MERCHANT’S NEGLIGENCE OR WILLFUL MISCONDUCT; OR (v) ANY AUXILIARY SERVICES INCLUDING BUT NOT LIMITED TO LOCAL CARTAGE, CRATING, UNCRATING, PACKING, AND UNPACKING WHICH ARE REQUESTED BY MERCHANT AND ARRANGED BY ALEX AUTO AS AN ACCOMMODATION WHEN SUCH SERVICES ARE NOT ACTUALLY PERFORMED BY ALEX AUTO; OR (vi) CLAIMS SEEKING TO IMPOSE LIABILITY IN EXCESS OF ANY LIABILITY EXPRESSLY ASSUMED BY ALEX AUTO HEREIN OR IN EXCESS OF ANY LIMITATION OF LIABILITY TO WHICH ALEX AUTO IS ENTITLED HEREUNDER. THE INDEMNITY OBLIGATIONS IN THIS PROVISION SHALL NOT APPLY TO THE EXTENT A CLAIM IS DETERMINED BY A COURT OF APPROPRIATE JURISDICTION TO HAVE BEEN CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ALEX AUTO.
15. CARGO SECURITY REQUIREMENTS: Shipments are subject to all cargo security requirements imposed by all applicable federal and/or state agencies, including but not limited to the Transportation Security Administration. Per 49 CFR 1548.9(b) Merchant hereby consents to screening of its Shipments which may include physical search or inspection of such cargo. ALEX AUTO shall have the right to refuse, remove or abandon any Shipment, the transportation of which is prohibited by applicable law, orders or regulations, or the transportation of which, in ALEX AUTO‘s judgment, would be unsafe. Where circumstances permit, such Shipment will be stored at Merchant’s expense pending receipt of disposition instructions from Merchant.
16. RIGHT TO REJECT OR RE-ROUTE: ALEX AUTO reserves the right to reject any Shipment for any reason whatsoever, including but not limited to safety or security concerns. It is agreed that no time is fixed for the completion of carriage hereunder and that ALEX AUTO may, without notice, substitute aircraft or alternate carriers, including surface and/or ocean carriers. ALEX AUTO assumes no obligation to forward the goods by any specified carrier or over any particular route or routes or to make connection at any point according to any particular schedule, and ALEX AUTO is hereby authorized to select, or deviate from, the route or routes of shipment, notwithstanding that the same may be stated on the face of the waybill and/or other shipping document(s).
17. PROHIBITED ITEMS: Unless otherwise expressly provided in a separate written agreement, and subject to any conditions or restrictions contained therein, the following articles will not be accepted for carriage: a) any Shipment prohibited by law; b) original works of art, antiques, bonds, coins of any kind, currency, currency equivalents, furs, fur clothing, gems or stones (cut or uncut), industrial diamonds, jewelry (other than costume jewelry), pearls, precious metals, securities (negotiable), stamp collections, time sensitive written material (e.g., bids, contract proposals, etc.); c) one-of-a-kind articles or models, prototypes, valuable rugs (i.e., Oriental rugs, Persian rugs) and prints or lithographs; d) improperly packed items; e) bulk products; f) live animals and plants; g) cigarettes and tobacco products; h) fresh foods or perishables; i) pharmaceuticals; computer chips and similar memory devices; j) glass and glassware, including but not limited to, plate glass, signs incorporating glass, furniture with glass components, windows, artwork constituted of, or incorporating glass, lighting fixtures made of or incorporating glass, crystal, china or other similar fragile items; and k) such other articles as ALEX AUTO may designate from time to time. ALEX AUTO shall not be liable for any loss, damage, delay, liabilities or penalties resulting from the transportation of any of the foregoing articles, however described or misdescribed in the waybill or other shipping document(s), and no employee or agent of ALEX AUTO has any authority to accept for transportation such articles or to waive the limitations herein contained except as set forth herein.
18. GENERAL LIEN: ALEX AUTO shall have a continuing, general lien on all Shipments for all freight charges (including past due charges on other Shipments), advances or charges of any kind arising out of this contract and may refuse to surrender possession of any or all Shipment(s) until all such charges are paid and is entitled to all rights and remedies legally available. Shipments retained pursuant to the lien established herein may be subject to storage fees and/or disposed of at public or private sale, with ALEX AUTO paid from the proceeds of such sale, including storage charges and costs of sale. ALEX AUTO shall provide written notice to Merchant of its intent to exercise its lien, the amount of monies then due and owed, as well as any ongoing storage or other charges. Merchant shall notify all parties claiming an interest in the Shipment(s) subject to the lien of the exercise of ALEX AUTO’s lien and ALEX AUTO’s rights as set forth herein. Merchant remains liable for charges, including any deficiency remaining after sale.
19. STORAGE: If the consignee refuses any of the cargo or if ALEX AUTO is unable to deliver any Shipment because of the fault or mistake of Merchant or the consignee, or if Merchant advises and instructs ALEX AUTO to stop movement of the cargo and to hold it in transit, ALEX AUTO’s liability thereafter immediately shall be that of a warehouseman. The procedures that ALEX AUTO agrees to and shall take as a warehouseman involve the use of ordinary care to keep the cargo in a safe or suitable place to store the cargo. ALEX AUTO shall (a) attempt to give Merchant notice as soon as possible if the foregoing occurs, (b) place the cargo in storage, if available, unless ALEX AUTO receives acceptable contrary disposition instructions from Merchant within twenty-four (24) hours, and (c) if disposition instructions are not given by Merchant within thirty (30) days of ALEX AUTO’s initial notification to Merchant, ALEX AUTO may offer the cargo for public or private sale or return the Shipment to Merchant at Merchant’s sole risk and expense. Merchant shall be responsible for reasonable storage and related costs ALEX AUTO incurs in acting as a warehouseman. If Merchant gives ALEX AUTO timely disposition instructions, ALEX AUTO shall use any commercially reasonable steps to abide with such instructions in accordance with this contract. Merchant shall pay ALEX AUTO’s costs and any additional transportation costs that ALEX AUTO incurs in doing so. MERCHANT SHALL REMAIN JOINTLY AND SEVERALLY LIABLE TO ALEX AUTO FOR ANY DEFICIENCY SHOULD THE PROCEEDS OF ANY SALE BE INSUFFICIENT TO OFFSET ALL CHARGES DUE ALEX AUTO WITH RESPECT TO THE GOODS. EXCESS PROCEEDS FROM A SALE WILL BE USED TO SATISFY ANY OUTSTANDING LIEN OR OBLIGATION DUE ALEX AUTO FIRST, WITH ANY BALANCE THEREAFTER PAID TO MERCHANT. MERCHANT AGREES TO DEFEND, INDEMNIFY AND HOLD ALEX AUTO HARMLESS AGAINST ALL LOSS AND EXPENSE, INCLUDING ATTORNEY’S FEES, OF WHATEVER NATURE BROUGHT BY ANY OTHER PERSON HAVING AN INTEREST IN THE GOODS SOLD UNDER THIS PROVISION.
20. CUSTOM DUTIES AND OTHER FEES: ALEX AUTO is authorized by Merchant (but shall be under no obligation) to advance any duties, taxes, or charges and to make any disbursements with respect to a Shipment(s), and Merchant, owner and consignee shall be jointly and severally liable for the reimbursement thereof. ALEX AUTO may charge an administrative fee to Merchant for all such advances.
21. PAYMENT TERM: Except as otherwise agreed, payment for all services is due at the time of Shipment acceptance. Any payment which is past due shall be subject to an additional charge of 1 ½% per month of the outstanding balance due or the maximum interest rate permitted by applicable law, whichever is more, together with all collection costs, including reasonable attorney fees, incurred by ALEX AUTO. Merchant at all times remains primarily liable for payment of all ALEX AUTO-invoiced charges. Merchant’s obligation to pay ALEX AUTO’s invoices is not extinguished by Merchant’s payment to a third-party payment agency unless and until such third-party payment agency has actually paid all ALEX AUTO invoices.
22. COMPLIANCE WITH LAW/EXPORT CONTROLS: Merchant shall comply with all applicable laws (including anti-corruption/anti-bribery laws such as the U.S. Foreign Corrupt Practices Act), government regulations and customs of any country to, from, through or over which the Shipment may be carried, including those relating to its packing, carriage or delivery, and shall furnish to ALEX AUTO complete and accurate information and provide such fully legally compliant documents as may be necessary to comply with such laws and regulations. Merchant agrees that it will not engage ALEX AUTO to transport cargo to any sanctioned or embargoed country or individual (directly or indirectly), whether or not ALEX AUTO is engaged to transport such cargo to an end user.
23. PRIVACY ACT NOTICE: 49 USC 114 authorizes the collection of certain information or data, including Merchant’s name and address. The information you provide may be used to qualify you or verify your status as a possible “known shipper.” Providing this information is voluntary, however, failure to provide the information will prevent you from qualifying as a “known shipper.” This information will be disclosed to TSA personnel and contractors or other agents including Indirect Air Carriers in the maintenance and operation of the known shipper program. TSA may share the information with airport operators, foreign air carriers, Indirect Air Carriers, law enforcement agencies, and others in accordance with the Privacy Act, 5 USC Section 552a. For additional details, see the system of records notice for Transportation Security Threat Assessment System (DHS/TSA 002) published in the Federal Register. ALEX AUTO may collect similar information as required by law to service a Shipment, transmit data to a government body and/or comply with U.S. export control laws or compulsory law from other jurisdictions, as may be required to complete a contract of carriage in accordance with these Terms and Conditions. Such data will be retained by ALEX AUTO as required by applicable law. ALEX AUTO may also collect and use such data as part of it opening an account on behalf of Merchant, for general administrative processes and otherwise in performing services. Merchant consents to such disclosures of information and/or data, and represents and warrants that it has obtained consent of all persons on whose behalf Merchant transmits data to ALEX AUTO.
24. SEVERABILITY: If any provision contained or referred to in this contract may be contrary to compulsory law, government regulations or orders, such provisions shall remain applicable to the extent that it is not overridden thereby. The invalidity of any provisions shall not affect any other part hereof.
25. FORCE MAJEURE: ALEX AUTO will not be liable for failing to perform or discharge any obligation hereunder where caused by acts of God, labor disorders, fire or other casualty, closing of the public highways, governmental interference or other causes beyond ALEX AUTO’s reasonable control.
26. NO MODIFICATION OR AMENDMENT UNLESS WRITTEN: Any attempt by Merchant to unilaterally alter or modify these Terms and Conditions of Service shall be null and void. Any modifications to these Terms and Conditions of Service may only be in a writing signed by authorized representatives of both parties. No obligation contained herein shall be deemed to have been waived by ALEX AUTO unless in writing, and no such waiver shall be deemed a waiver of any other term or condition herein.
27. DISPUTE RESOLUTION AND GOVERNING LAW: These Terms and Conditions of Service, and the services provided by ALEX AUTO under them, shall be governed by and subject to the applicable federal law of the United States and by the laws of the State of Massachusetts, without regard to the choice-of-law rules of that State or any other jurisdiction. The foregoing notwithstanding, if the carriage involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention or the Warsaw Convention may be applicable by force of law. In the event of a direct conflict between these Terms and Conditions of Service and a mandatory provision of any such Convention, the terms of such Convention shall control, but only to the extent of such direct conflict. MERCHANT AND ALEX AUTO AGREE THAT ANY CLAIM OR DISPUTE ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, WHETHER UNDER INTERNATIONAL CONVENTION, FEDERAL, STATE, LOCAL, OR FOREIGN STATUTES, REGULATIONS, OR COMMON LAW, SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS SERVING MASSACHUSETTS. MERCHANT AND ALEX AUTO HEREBY CONSENT TO THE JURISDICTION OF SUCH COURTS. In the event Merchant files an action against ALEX AUTO, Merchant hereby consents to any ALEX AUTO-instituted transfer of such action to any other venue in which ALEX AUTO is a party or subsequently becomes a party to an action concerning loss or damage to the Shipment that is the subject of Merchant’s action. Should ALEX AUTO successfully defend itself in any legal actions brought by any person with an interest in a Shipment, ALEX AUTO shall be entitled to reasonable attorney fees and litigation expenses.
