These Terms and Conditions govern all services provided by Helmsman Freight Solutions, LLC. By utilizing our services you accept these terms in full. Where conflicts arise with a bill of lading or governing tariff, those governing documents prevail.
01 Services by Third Parties
The Company disclaims liability for goods not physically handled by us. We exercise reasonable care selecting third-party carriers, brokers, and agents but accept no responsibility for those parties' actions.
02 Liability Limitations of Third Parties
Third parties are considered customer agents. The Company bears no liability for loss, damage, or delay when goods are in third-party custody, regardless of how carefully they were selected.
03 Choosing Routes or Agents
Without written customer instructions, the Company has complete discretion over transportation methods and routes. Notification of selected service providers does not constitute a warranty of performance.
04 Quotations Not Binding
Quotes regarding fees, freight charges, and duties are informational only and subject to change without notice unless the Company provides written confirmation of specific rates.
05 Duty to Furnish Information
Imports. Customers must provide proper invoices, documents, and information before U.S. customs entry. Customers appoint the Company as attorney-in-fact for bond execution. Customers indemnify the Company for breaches of customs bonds.
Exports. Customers must furnish commercial invoices, consular declarations, and required information prior to export.
The Company bears no responsibility for increased duties or penalties unless caused by Company negligence or gross misconduct. Customers warrant accuracy of all documents and indemnify the Company against penalties from inaccuracies.
06 Declaring Higher Valuation
Carriers typically limit liability unless higher values are declared with additional charges. The Company assumes no responsibility for requesting increased liability limits unless customers provide specific written instructions and carriers accept.
07 Insurance
The Company arranges marine, fire, and theft insurance only upon written customer instructions designating coverage type and amount. Insurance is placed at Company discretion with selected underwriters. Customers pay all premiums and arrangement fees. The Company assumes no insurance responsibility unless specifically agreed in writing.
08 Limitation of Liability
The Company's maximum liability is $50 USD per shipment for negligence or gross misconduct. Customers may pay additional compensation to increase this limit via written pre-shipment agreement. The Company bears no liability for strikes, wars, governmental actions, acts of God, or inherent product defects.
For perishable cargo, the Company warrants maintaining temperature within "plus or minus 5 degrees Fahrenheit of the temperature requested in writing by the Customer."
09 Presenting Claims
Claims must be presented within thirty days of delivery, or two days for perishable cargo. Airway bills or bills of lading establish different timeframes that supersede these periods. All claims require written statements with sworn proof.
Lawsuits must commence within six months of claim presentation or per the governing bill of lading terms, whichever is longer.
10 Liability of Company
Claims must target the actual carrier or custodian at the time of loss. The Company is liable only when goods were in its actual custody and damages resulted from its negligence or gross misconduct, subject to the limitations in Section 8. The Company never bears liability for incidental, consequential, punitive damages, or lost profits.
11 Advancing Money
The Company has no obligation to advance expenses, payments, or money except as specifically requested with prior customer funds provision. The Company may advance funds at its discretion, requiring prompt customer reimbursement on demand.
12 Indemnification
Customers indemnify the Company against carrier claims, governmental fines, and legal expenses arising from shipments. Confiscation or detention does not reduce customer payment obligations.
13 C.O.D. Shipments
The Company exercises reasonable care selecting collection agents but bears no responsibility for their acts, omissions, insolvency, or delays in remittance or exchange losses.
14 Lien Rights
The Company holds a general lien on customer property for all charges and advances. After thirty days' demand, the Company may sell property at public auction or private sale upon ten days' registered mail notice. Net proceeds satisfy the lien; customers pay deficiencies.
15 Compensation of Company
Company compensation is separate from and in addition to carrier rates. Customers may receive detailed charge statements for ocean exports upon request. The prevailing party in collection or litigation recovers expenses and attorneys' fees. All payments are due when incurred without offset or deduction.
16 No Responsibility for Governmental Requirements
Customers must know and comply with customs marking requirements, FDA regulations, and all applicable laws. The Company bears no responsibility for governmental fines or penalties resulting from customer non-compliance.
17 Indemnity Against Liability Arising from Import or Export
Customers indemnify the Company against claims from illegal imports or exports violating treaties or governmental regulations. Upon receiving governmental action notice, customers must defend the Company at customer expense.
18 Payments to the Company
Customer payments represent regular business transactions. The Company acts as a payment conduit for third parties like carriers and brokers.
19 Independent Contractor
Except for customs entries and duties where the Company represents customers as an agent, the Company operates as an independent contractor.
20 Customer's Duty to Correct Inaccurate Information
Incomplete or inaccurate import entry information subjects submitters to severe penalties. Customers must immediately notify the Company in writing of discrepancies, or orally followed by written notice. The Company uses reasonable efforts for correction. Customers remain liable for penalties from inaccurate submissions and indemnify the Company.
21 Severability of Terms
If any agreement term proves invalid, remaining provisions remain enforceable to the maximum permitted extent.
22 Construction of Terms and Venue
Florida law governs this agreement. Exclusive jurisdiction resides in Miami-Dade County, Florida courts. All proceedings must occur in Miami-Dade County unless the Company consents otherwise in writing.
23 Customer Bound
This agreement binds heirs, executors, successors, and permitted assigns. Modifications require written execution by both parties.
24 No Waiver
Company failure to enforce provisions does not waive rights. Breach waivers do not apply to continuing breaches or future circumstances. No notice requirement triggers additional notice obligations.