Customer Application Form
CUSTOMER APPLICATION.














Corporation Partnership Sole Proprietorship Other






Import Export Domestic Other










FINANCIAL INSTITUTION








AUTHORIZATION

TERMS OF AGREEMENT

Customer and Sealink International Inc agree as follows:

1. The person executing this application and agreement is authorized to do so and all statements contained in this application are true and correct.

2. The customer hereby acknowledges that Sealink International Inc (a) is operating as a broker of transportation by motor carrier (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 and (e) is acting as a liaison agent for the customer to handle 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.

3. The customer hereby authorizes to Sealink to file AES with the US customs and B13 with the Canadian customs on their behalf. The customer acknowledges that it is their responsibility to provide all the information accurately and in a timely manner and should there be any fines or penalty assessed due to untimely and / or inaccurate filing, they will be responsible for the same. However, if the customer has provided all information accurately and on a timely basis, it will not be responsible for any fines or penalties should one be assessed.

4. The customer agrees to pay all of the amounts owed prior to cargo release. If a shipment has been booked by the customer and transferred to another party, the customer acknowledges that until that invoice is paid, it is liable for all associated charges on that shipment. If a shipment has been abandoned, seized by authorities or has not been picked up either at origin, destination or in transit. Customer acknowledges that they are responsible for all charges associated until the cargo has been auctioned, disposed of, picked up, or sold. If the cargo is sold or auctioned and funds are collected against the cargoes, the customer acknowledges that they are responsible for any and all shortfall and will pay Sealink without any disputes. Charges you are responsible for do include demurrage, detention, document fees, processing, etc.

5. This agreement has been negotiated in the state of Texas and that minimum contracts with the jurisdiction of Texas have been established. The customer waives any claim of defense based on jurisdiction and / or venue and does voluntarily submit to the jurisdiction and venue of the state of Texas and county of Collin for all legal issues related to the transaction of business between the parties including, but not limited to, the collection of moneys due pursuant to this agreement.

6. If the customer breaches any term of this agreement including the payment of money due pursuant to this agreement, customer shall pay all costs incurred by Sealink International Inc in enforcing the terms of this agreement including, but not limited to, reasonable attorney’s fees, whether or not legal proceedings are commenced.

7. The customer’s failure to pay any undisputed billed charges may result in a lien on shipment(s) in transit. Sealink shall have a lien on freight in its possession The lien shall extend to all shippers and/or cargo owner’s property and shall be for the total amount owed to Sealink for all freight, service, costs advanced and/or expense incurred on current and/or any previous cargo handled by Sealink at the request of the shipper and/or cargo owner. The lien shall include billed freight charges, cost of storage, and appropriate security for the subsequent shipment held by Sealink. The lien shall include the cost of keeping and selling the property, including publication costs, collection services and attorney’s fees.

8. If the customer incurs a loss or damage claim, the customer agrees to make a timely claim against the carrier for such loss or damage and agrees not to offset all or any part of such claim against any amounts due to Sealink International Inc.

9. All shipments booked with Sealink International Inc are subject to the provisions of Sealink International Inc. Ocean bill of lading and Sealink International Inc. terms and condition of services, both of which are available upon request.

PERSONAL GUARANTY

In consideration of being a customer of Sealink International Inc., I/we hereby personally guarantee to Sealink International Inc. payment of any obligation of Applicant and agree to be bound to pay Sealink International Inc. on demand any sum that may become due from Applicant. It is understood and agreed that this guaranty shall be a primary, absolute, continuing and irrevocable guaranty and indemnity for such indebtedness and will not be subject to any counterclaims, set-offs, other deductions or defenses. I/We hereby waive notice of default, non-payment or non-performance dishonor, protest, presentment, diligence, promptness, creation, renewal, accrual, extension, proof or reliance and agree to be bound bay all applicable terms and conditions set forth in this Application, including the Terms and Conditions. This Guaranty will not be released, discharged, terminated, modified, affected or impaired by any occurrences or circumstances whatsoever, including without limitation, any insolvency, bankruptcy, reorganization or other similar proceeding affecting Applicant or its assets or any negotiations or course of dealing between Sealink International Inc. and the Applicant. This guaranty shall be binding upon the heirs, administrators, successors and assigns of the undersigned.

DESIGNATION OF FORWARDING AGENT

KNOW ALL MEN BY THESE PRESENTS: That the captioned customer hereby designates and appoints (name of Forwarder) as well as their officers, employees, and/or specifically authorized agents, contractors, and affiliates to act for and on its behalf as a true and lawful agent and attorney of the customer / grantor named above for and in the name, place, and stead of said grantor from this date, either in writing, electronically, or by other authorized means, to:

Make, endorse, sign, declare, or swear to any declaration, certificate, bill of lading, carnet or other document in connection with the importation, transportation, or exportation of any merchandise in or through Customs territory, consigned by or to said grantor;

Perform any act or condition which may be required by law or regulation in connection with such merchandise; to receive any merchandise consigned by or to said grantor;

Make endorsements on bills of lading conferring authority to transfer title;

To sign and swear to any document and to perform any act that may be necessary or required by law or regulation in connection with the lading, unlading or operation of any vessel or other means of conveyance owned or operated by said grantor;

To authorize contracted or assigned Customs Brokers to act as grantor’s agent; to receive, endorse and collect checks issued for Customs duty refunds in grantor’s name drawn on the Treasurer of the United States; if the grantor is a nonresident of the United States, to accept service of process on behalf of the grantor;

To view, examine, inspect or survey all merchandise consigned by or to said grantor at the discretion of said agent;

Giving to said agent and attorney full power of attorney and authority to do anything whatever requisite and necessary to be done in the premises as fully as said grantor could do if present and acting, hereby ratifying and confirming all that the said agent and attorney shall lawfully do by virtue of these presents;

Appointment as Forwarding Agent: Grantor authorizes the above grantee to act within the territory as lawful agent and sign or endorse export documents (i.e., commercial invoices, bill of lading, insurance certificates, drafts and any other document) necessary for the completion of an export on grantors behalf as may be required under law and regulation in the territory and to appoint forwarding agent’s on grantors behalf;

Grantor hereby acknowledges receipt of Terms & Conditions of Service governing all transactions between the Parties and agrees to be bound by the same. The signatory certifies that he/she has full authority to execute these powers on behalf of the Grantor. This power of attorney to remain in full force and effect until revocation in writing is duly given and received by grantee.

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