NORTH COAST INTERNATIONAL AGREEMENT
This Agreement is entered into by North Coast International, LLC, (“Seller”), and (“Buyer”)
CUSTOMER SHIPPING RESPONSIBILITY
The buyer understands that freight is billed separately from the product by a third party. The cost of freight is in addition to the product cost. Buyer is responsible for all freight charges as well as all fees in connection with shipping including those that may occur unexpectedly from U.S Customs. Buyer understands that, although rare, U.S. Customs randomly selects containers to be x-rayed or completely unloaded for exam. This is completely at the discretion of U.S. Customs. Buyer is responsible for all freight charges, U.S. Customs Border & Protection (CBP) or Canada Border Service Agency (CBSA) charges, Exam Fees, X-Ray Fees and Import Taxes. Buyer agrees to pay directly to the freight company all freight charges incurred prior to the container being released from the U.S. port for final delivery to Buyer. If full payment is not received by the freight company by the time the container is ready to be released from the port, Buyer understands that there may be Demurrage Fees in excess of $500.00 per day enforced by the Port Terminal which are also Buyer’s responsibility and are due before the container will be released. Buyer releases Seller from any liability incurred as a result of Buyer’s failure to pay any of the above freight charges or fees.
EXPLANATION OF EXAMS AND FEE TYPES:
- Demurrage – A fee that is assessed when a container isn’t moved off from the terminal/rail destination on the “free time” allowance assigned by CBP. Please note that demurrage charges may still be applied although CBP conducts the examination of the container beyond its allowance time.
- Pre-Pull Charge – This means that the container needs to be pre-pulled at the local trucker’s rate to avoid demurrage charge. It’s applied for shipments that arrive at rail destinations close to the weekend, i.e. Thursday or Friday, and if the customer cannot accept the container on the day its available for delivery.
- Storage fee – This is when a container is pre-pulled, the storage fee may be applied at the local trucker’s rate.
- Detention/Per-diem Charge – This is a cost-per-day that is assessed on container(s) held by customers for an extended time and charges levied upon a trucker due to late return of equipment to the port/terminal/rail terminal after the designated free time assigned by CBP.
- If your shipment is examined by CBP, the Centralized Examination Station (CES) will facilitate CBP by providing an efficient means to conduct exam(s) like:
- VACIS Exam: Vehicle and Cargo Inspection using sophisticated imaging technology, i.e. X-Ray exam.
- M.E.T. Exam: Manifest Examination Team examines documents for custom- clearance on a random basis.
- Intensive Exam: Full Devanning (unloading goods from container) exam.
- AQI (Agriculture Quarantine Inspection -- formerly USDA) Hold.
A 3rd party freight company handles all shipping. Seller will handle all logistics and documents required for the order to arrive at Buyer’s final destination. Seller uses several companies that provide competitive rates for international shipping.
CANCELLATION
Cancellations are accepted within 24 hours of the order being confirmed.
DEPOSITS
Production and lead-time begins once the deposit is received. Deposits are due within 3 days of the order confirmation.
LEAD TIME
Lead times are updated often and provided within the collection profile however they are intended as estimates. Please work with your sales rep or our office to ensure you receive the latest update on ETA. We do our best to deliver shipments on time. Arrival dates are not guaranteed.
DAMAGE CLAIM
There is a 3% deductible for breakage. Immediately upon receiving the container in Seller’s “Damage and Quality Claim Form” and must be e-mailed to Seller within 10 days of delivery and are subject to Seller’s approval. Please contact your representative for a form. Photos of each individual damaged item must be included for credit. If breakage occurs, please note which color and size was broken (A, B, C, etc.) with “A” always being the largest size in the set.
The most common place to see breakage is at the rear of the truck as soon as the door is opened. If there is excessive damage, please take photos immediately before the first pallet is unloaded. Please note that breakage cannot be used as the sole reason to refuse the shipment, goods or payment.
If you open the container and see excessive breakage, please call our office immediately or email so that we can make a report to the insurance company.
DELIVERY/ UNLOADING
Final delivery to the Buyer’s destination is via semi-truck trailer. Two hours of unloading time is included in your freight cost. Buyer understands that two hours starts when the container arrives at Buyer’s location. The freight company will bill Buyer separately for any additional unloading time beyond two hours at local rates after unloading. Buyer agrees that Buyer’s employees will never open the semi-truck trailer door and will always allow the truck driver to do so. Please use extreme caution when approaching the container after the door has been opened as products may have shifted significantly during transport. It is the Buyer’s full responsibility to unload the products from the trailer and to have the proper equipment (staff, forklift, pallet jack, etc.) available to unload the pallets/products from the semi-truck trailer.
Please use caution and wear gloves when handling the merchandise as the goods may be extremely heavy and may have sharp surfaces. Seller will not be held responsible for any injuries to Buyer, Buyer’s employees or its agents, which occur during the unloading or handling of the merchandise. Buyer hereby releases, waives, discharges and covenants not to sue Seller, its officers, employees or agents from or for liability for any claim of damages or personal injury that occurs as a result of handling Buyer’s products.
PACKING
Most products are packed in full or half pallets, secured with cardboard/foam/rubber, polyethylene-wrapped and securely strapped. Collections that are loose-loaded, and which may require more time and staff are: Rustic Garden, Authentique, Vintage Creek, and Vestige.
PAYMENT/ TERMS
Terms: 40% Deposit is required for confirmation, 50% is due when the goods are shipped from the factory, and the final 10% is due upon delivery.
SPECIAL TERMS
Special terms are available at North Coast Pottery’s discretion based on the relationship, payment history, and approval. Please inquire with your representative.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah. In addition, any dispute or controversy arising out of or relating to this Agreement will be decided by mediation in the State of Utah. If the mediation does not result in a resolution of such dispute or controversy, it will be finally decided by an appropriate method of alternate dispute resolution.