u.s. customs brokers power of attorney...

TAHOCO Logistics Inc. | 400 Riverwalk Parkway, Suite #200, Tonawanda, New York 14150 | Tel: 716-874-6288 | Fax: 716-874-6327 www.taco.ca

CUSTOMS POWER OF ATTORNEYCheck appropriate box: Individual Partnership Corporation Sole Proprietor LLC

Federal I.D. / Social Security / Customs Assigned #

Know all persons by these presents that (Grantor)Full Name (as registered with the EIN/SS#) of Corporation, Individual, LLC, Partnership, or Sole Proprietorship

doing business as under the laws of the State or Province of

residing or having a principal place of business at (address)

hereby constitutes and appoints each of the following persons:

TAHOCO Logistics, Inc., its heirs and assigns, through any of their licensed officers and duly Empowered employees (Grantee)

as a true and lawful agent and attorney of the grantor named above for andin the name, place, and stead of said grantor from this date and in ALLCustoms Districts, and in no other name, to make, endorse, sign, declare, orswear to any entry, withdrawal, declaration, certificate, bill of lading, or otherdocument required by law or regulation in connection with the importation,transportation, or exportation of any merchandise shipped or consigned by or tosaid grantor; to perform any act or condition which may be required by law orregulation in connection with such merchandise; to receive any merchandisedeliverable to said grantor.

To make endorsement on bills of lading conferring authority to make entry andcollect drawback, and to make, sign, declare or swear to any statement,supplemental statement, schedule, supplemental schedule, certificate ofdelivery, certificate of manufacture, certificate of manufacture and delivery,abstract of manufacture records, declaration of proprietor on drawback entry,declaration of exporter on drawback entry, or any other affidavit or documentwhich may be required by law or regulation for drawback purposes, regardlessof whether such bill of lading, sworn statement, schedule, certificate, abstract,declaration, or other affidavit or document is intended for filing in said port or inany other customs district.

To sign, seal, and delivery for and as the act of said grantor any bond requiredby law or regulation in connection with the entry of withdrawal of Importedmerchandise or merchandise exported with or without benefit of drawback or inconnection with the entry, clearance, lading, unlading or navigation of anyvessel or other means of conveyance owned or operated by said grantor, andany and all bonds which may be voluntarily given and accepted under applicablelaws and regulations, consignee’s and owner’s declarations provided for insection 485, Tariff Act of 1930, as amended, or affidavits in connection with theentry of merchandise.

To sign and swear to any document and to perform any act that may benecessary or required by law or regulation in connection with the entering,

clearing, lading, unlading, or operation of any vessel or other means ofconveyance owned or operated by said grantor.

To authorize other Customs Brokers to act as grantor’s agent; to Receive,endorse and collect checks issued for Customs duty refunds in grantor’s namedrawn on the Treasury of the United States; if the Grantor is a nonresident ofthe United States, to accept service of process behalf of the grantor and toappoint subagents. And generally to transact at the customhouses in anydistrict any and all customs business including making, signing, and filing ofprotest under section 514 of the Tariff Act of 1930, in which said grantor is ormay be concerned or interested and which may properly be transacted orpreformed by an agent and attorney, giving to said agent and attorney fullpower and authority to do anything whatever requisite and necessary to bedone 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 shalllawfully do by virtue of these presents; the foregoing power of attorney toremain in full force and effect until the ____ day of ________________20___or until notice of revocation in writing is duly given to and received by aDistrict Director of Customs, if the donor of this power of attorney is apartnership, the said power shall in no case have any force or effect after theexpiration of: 2 years from the date of execution.

Grantor acknowledges receipt of TAHOCO Logistics, Inc. terms and conditionsof service governing all transactions between the parties. The Terms andConditions of Service are found on the back of the TAHOCO Logistics Inc.Invoice for services and on the website at www.taco.ca

If you are the Importer of Record, payment to the broker will not relieve youof liability for Customs charges in the event the charges are not paid by thebroker. Therefore, if you pay by check, Customs charges may be paid with aseparate check payable to “U.S. Customs Service.” Importers who wish toutilize this procedure must contact our office in advance to arrange timelyreceipt of checks.

In witness whereof the said (company name)

has caused these presents to be sealed and signed. (signature)

(print name and title) (date)

U.S. Customs Brokers Power of Attorney Instructions

What is a Power of Attorney? A power of attorney is a legal instrument authorizing an entity or person to act as the attorney or agent of the grantor. Tahoco Logistics, Inc. requires all its clients to provide a valid power of attorney in order that we may transact U.S. Customs Business as required by law or regulation on our client’s behalf.

Power of Attorney facts: U.S. Customs business as referred to includes but is NOT limited to: to make, endorse, sign,

declare or swear to any request for immediate delivery, entry, withdrawal, declaration, certificate, bill of lading, protest, affidavit or document required for drawback or clearance of merchandise into the U.S. or other action performed on behalf of the principal as required by law or regulation.

Powers of Attorney may be granted by both resident and non resident individuals, partnerships, corporations and sole proprietorships. Powers of attorney should be executed on the Tahoco Logistics, Inc, general Power of attorney form which includes the terms and conditions prescribed In customs Form 5291. The original signed and sealed power of attorney must be forwarded to How can TAHOCO help?

Your Tahoco Logistics, Inc. representative will provide you with the proper Power of Attorney form and certification for your completion. Assistance for completion of the power of attorney may be obtained by calling our Toll free Customer Service at 1-800-471-5530. __________________________________________________________________

020706

Tahoco Logistics, Inc.400 Riverwalk Parkway, Suite #200Tonawanda, NY 14150


U.S. Customs Brokers Power of Attorney Instructions for Partnerships, Individuals or Sole Proprietorships

1 Federal I.D. number (IRS#) or U.S. Customs-assigned number.

2 Check appropriate box.

3 Full individual name or if a partnership, the full name of all partners (Addendum may be used). If a limited partnership, show the firm name and all of the general partners (Addendum may be used.)

4 Not Applicable

5 Show “Individual”, “Partnership”, “Limited Partnership”, or “Limited Liability Corporation” (if a Limited Partnership, U.S. Customs regulations require that copy of the partnership agreement accompanies the Power of Attorney).

6 If operating under a name other than the name in #3 above, show the second name here.

7 Residential address of the person signing on line #10.

8 Complete business address including state or province and sip/postal code.

9 Complete corporate name as in #3.

10 Typed name and signature of individual or one partner.

11 Legal capacity of signer (e.g., “Individual”, “General Partner”, “President”, etc.)

12 Date signed.

13 Typed name and signature of two witnesses to above signature. NOTE: This is an optional requirement.

14 Not Applicable.

14 NOTE: All Powers of Attorney other than corporations should be notarized by a Notary Public.

Assistance for completion of the power of attorney may be obtained by calling our Toll free Customer Service at 1-800-471-5530.


CUSTOMS POWER OF ATTORNEYCheck appropriate box: Individual Partnership Corporation Sole Proprietor LLC

Federal I.D. / Social Security / Customs Assigned #

Know all persons by these presents that (Grantor)Full Name (as registered with the EIN/SS#) of Corporation, Individual, LLC, Partnership, or Sole Proprietorship

doing business as under the laws of the State or Province of

residing or having a principal place of business at (address)

hereby constitutes and appoints each of the following persons:

TAHOCO Logistics, Inc., its heirs and assigns, through any of their licensed officers and duly Empowered employees (Grantee)

as a true and lawful agent and attorney of the grantor named above for andin the name, place, and stead of said grantor from this date and in ALLCustoms Districts, and in no other name, to make, endorse, sign, declare, orswear to any entry, withdrawal, declaration, certificate, bill of lading, or otherdocument required by law or regulation in connection with the importation,transportation, or exportation of any merchandise shipped or consigned by or tosaid grantor; to perform any act or condition which may be required by law orregulation in connection with such merchandise; to receive any merchandisedeliverable to said grantor.

To make endorsement on bills of lading conferring authority to make entry andcollect drawback, and to make, sign, declare or swear to any statement,supplemental statement, schedule, supplemental schedule, certificate ofdelivery, certificate of manufacture, certificate of manufacture and delivery,abstract of manufacture records, declaration of proprietor on drawback entry,declaration of exporter on drawback entry, or any other affidavit or documentwhich may be required by law or regulation for drawback purposes, regardlessof whether such bill of lading, sworn statement, schedule, certificate, abstract,declaration, or other affidavit or document is intended for filing in said port or inany other customs district.

To sign, seal, and delivery for and as the act of said grantor any bond requiredby law or regulation in connection with the entry of withdrawal of Importedmerchandise or merchandise exported with or without benefit of drawback or inconnection with the entry, clearance, lading, unlading or navigation of anyvessel or other means of conveyance owned or operated by said grantor, andany and all bonds which may be voluntarily given and accepted under applicablelaws and regulations, consignee’s and owner’s declarations provided for insection 485, Tariff Act of 1930, as amended, or affidavits in connection with theentry of merchandise.

To sign and swear to any document and to perform any act that may benecessary or required by law or regulation in connection with the entering,

clearing, lading, unlading, or operation of any vessel or other means ofconveyance owned or operated by said grantor.

To authorize other Customs Brokers to act as grantor’s agent; to Receive,endorse and collect checks issued for Customs duty refunds in grantor’s namedrawn on the Treasury of the United States; if the Grantor is a nonresident ofthe United States, to accept service of process behalf of the grantor and toappoint subagents. And generally to transact at the customhouses in anydistrict any and all customs business including making, signing, and filing ofprotest under section 514 of the Tariff Act of 1930, in which said grantor is ormay be concerned or interested and which may properly be transacted orpreformed by an agent and attorney, giving to said agent and attorney fullpower and authority to do anything whatever requisite and necessary to bedone 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 shalllawfully do by virtue of these presents; the foregoing power of attorney toremain in full force and effect until the ____ day of ________________20___or until notice of revocation in writing is duly given to and received by aDistrict Director of Customs, if the donor of this power of attorney is apartnership, the said power shall in no case have any force or effect after theexpiration of: 2 years from the date of execution.

Grantor acknowledges receipt of TAHOCO Logistics, Inc. terms and conditionsof service governing all transactions between the parties. The Terms andConditions of Service are found on the back of the TAHOCO Logistics Inc.Invoice for services and on the website at www.taco.ca

If you are the Importer of Record, payment to the broker will not relieve youof liability for Customs charges in the event the charges are not paid by thebroker. Therefore, if you pay by check, Customs charges may be paid with aseparate check payable to “U.S. Customs Service.” Importers who wish toutilize this procedure must contact our office in advance to arrange timelyreceipt of checks.

In witness whereof the said (company name)

has caused these presents to be sealed and signed. (signature)

(print name and title) (date)


Certification by Non-Resident Corporation

For non-U.S. resident corporations only: this form is to be completed by an officer of the company other than the one who executed the Power of Attorney.

I (name) certify that I am the (title)

of (name of corporation) organized under the laws of the Province of

that (name of signer of Power of Attorney) who signed the Power of Attorney on behalf of the

corporation, is the (title) of the corporation, and that the signer was given the

authority to sign Powers of Attorney on behalf of the corporation.

IN WITNESS WHEREOF, I have hereunto set by hand at the city of

Province of

Date , 20 . Signature

U.S. Customs accepts the noted titles as having signing authority for the corporation.

Titles other than noted require supporting documentation (Articles of Incorporation or Board of Directors resolution) to validateauthority of signing officer.

President Vice President Secretary Treasurer

U.S. Customs Brokers Power of Attorney Instructions

What is a Power of Attorney? A power of attorney is a legal instrument authorizing an entity or person to act as the attorney or agent of the grantor. Tahoco Logistics, Inc. requires all its clients to provide a valid power of attorney in order that we may transact U.S. Customs Business as required by law or regulation on our client’s behalf.

Power of Attorney facts: U.S. Customs business as referred to includes but is NOT limited to: to make, endorse, sign,

declare or swear to any request for immediate delivery, entry, withdrawal, declaration, certificate, bill of lading, protest, affidavit or document required for drawback or clearance of merchandise into the U.S. or other action performed on behalf of the principal as required by law or regulation.

Powers of Attorney may be granted by both resident and non resident individuals, partnerships, corporations and sole proprietorships. Powers of attorney should be executed on the Tahoco Logistics, Inc, general Power of attorney form which includes the terms and conditions prescribed In customs Form 5291. The original signed and sealed power of attorney must be forwarded to How can TAHOCO help?

Your Tahoco Logistics, Inc. representative will provide you with the proper Power of Attorney form and certification for your completion. Assistance for completion of the power of attorney may be obtained by calling our Toll free Customer Service at 1-800-471-5530.

020706


Tahoco Logistics, Inc.400 Riverwalk Parkway, Suite #200Tonawanda, NY 14150

U.S. Customs Brokers Power of Attorney Instructions for Non-Resident Corporations

1 U.S. Customs assigned importer number (if available).

2 Check appropriate box.

3 Full name of Corporation.

4 Complete name of the Province of Incorporation.

5 Not Applicable

6 If operating under a name other than the name in #3 above, show the second name here.

7 Not Applicable

8 Complete business address including Province and postal code.

9 Complete corporate name as in #3.

10 Typed name and signature of Corporate Officer.

11 Title of the Above Corporate Officer.

12 Date signed.

13 Typed name and signature of two witnesses to above signature. NOTE: This is an optional requirement.

14 Corporate Seal, if required by your company’s Articles of Incorporation.

Assistance for completion of the power of attorney may be obtained by calling our Toll free Customer Service at 1-800-471-5530.

020706


CUSTOMS POWER OF ATTORNEY

Check appropriate box: Individual

Federal ID or SIS Number:

Partnership Corporation

Sole Proprietorship

KNOW ALL MEN BY THESE PRESENTS: That,

(Full Name of person, partnership, or corporation, sole proprietorship; Identify)

a corporation doing business under the laws of the State/Province of or a doing business as residing at having an office and place of business at , hereby constitutes and appoints each of

The following persons: TAHOCO Logistics, Inc., its heirs and assigns, through any of their licensed officers and duly Empowered employees.

as a true and lawful agent and attorney of the grantor named above for and in the name, place, and stead of said grantor from this date an in ALL Customs Districts, and in no other name, to make, endorse, sign, declare, or swear to any entry, withdrawal, declaration, certificate, bill of lading, or other document required by law or regulation in connection with the importation, transportation, or exportation of any merchandise shipped or consigned by or to said grantor; to perform any act or condition which may be required by law or regulation in connection with such merchandise; to receive any merchandise deliverable to said grantor. To make endorsement on bills of lading conferring authority to make entry and collect drawback, and to make, sign, declare or swear to any statement, supplemental statement, schedule, supplemental schedule, certificate of delivery, certificate of manufacture, certificate of manufacture and delivery, abstract of manufacture records, declaration of proprietor on drawback entry, declaration of exporter on drawback entry, or any other affidavit or document which may be required by law or regulation for drawback purposes, regardless of whether such bill of lading, sworn statement, schedule, certificate, abstract, declaration, or other affidavit or document is intended for filing in said port or in any other customs district. To sign, seal, and delivery for and as the act of said grantor any bond required by law or regulation in connection with the entry of withdrawal of Imported merchandise or merchandise exported with or without benefit of drawback or in connection with the entry, clearance, lading, unlading or navigation of any vessel or other means of conveyance owned or operated by said grantor, and any and all bonds which may be voluntarily given and accepted under applicable laws and regulations, consignee’s and owner’s declarations provided for in section 485, Tariff Act of 1930, as amended, or affidavits in connection with the entry of merchandise. 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

entering, clearing, lading, unlading, or operation of any vessel or other means of conveyance owned or operated by said grantor. To authorize other 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 Treasury of the United States; if the Grantor is a nonresident of the United States, to accept service of process behalf of the grantor and to appoint subagents. And generally to transact at the customs houses in any district any and all customs business including making, signing, and filing of protest under section 514 of the Tariff Act of 1930, in which said grantor is or may be concerned or interested and which may properly be transacted or preformed by an agent and attorney, giving to said agent and attorney full power 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; the foregoing power of attorney to remain in full force and effect until the ________day of __________________20_____ or until notice of revocation writing is duly given to and received by a District Director of Customs, if the donor of this power of attorney is a partnership, the said power shall in no case have any force or effect after the expiration of: 2 years from the date of execution. Grantor acknowledges receipt of TAHOCO Logistics, Inc. terms and conditions of service governing all transactions between the parties. The Terms and Conditions of Service are found on the back of the TAHOCO Logistics Inc. Invoice for services and on the website at www.taco.ca. If you are the Importer of Record, payment to the broker will not relieve you of liability for Customs charges in the event the charges are not paid by the broker. Therefore, if you pay by check, Customs charges may be paid with a separate check payable to “U.S. Customs Service.” Importers who wish to utilize this procedure must contract our office in advance to arrange timely receipt of checks.

IN WITNESS WHEREOF, the said

has caused these presents to be sealed and signed: (Signature) (Capacity) (Date)

WITNESS:

Customs Form 5291 (120195) (Corporate seal)*(Optional)

(2)(1)

(3)

(4) (5)(6) (7)

(8)

(9)(10)

(11) (12)

(13) (13)

(14)


CUSTOMS POWER OF ATTORNEY

Check appropriate box: Individual

Federal ID or SIS Number:

Partnership Corporation

Sole Proprietorship

KNOW ALL MEN BY THESE PRESENTS: That,

(Full Name of person, partnership, or corporation, sole proprietorship; Identify)

a corporation doing business under the laws of the State/Province of or a doing business as residing at having an office and place of business at , hereby constitutes and appoints each of

The following persons: TAHOCO Logistics, Inc., its heirs and assigns, through any of their licensed officers and duly Empowered employees.

as a true and lawful agent and attorney of the grantor named above for and in the name, place, and stead of said grantor from this date an in ALL Customs Districts, and in no other name, to make, endorse, sign, declare, or swear to any entry, withdrawal, declaration, certificate, bill of lading, or other document required by law or regulation in connection with the importation, transportation, or exportation of any merchandise shipped or consigned by or to said grantor; to perform any act or condition which may be required by law or regulation in connection with such merchandise; to receive any merchandise deliverable to said grantor. To make endorsement on bills of lading conferring authority to make entry and collect drawback, and to make, sign, declare or swear to any statement, supplemental statement, schedule, supplemental schedule, certificate of delivery, certificate of manufacture, certificate of manufacture and delivery, abstract of manufacture records, declaration of proprietor on drawback entry, declaration of exporter on drawback entry, or any other affidavit or document which may be required by law or regulation for drawback purposes, regardless of whether such bill of lading, sworn statement, schedule, certificate, abstract, declaration, or other affidavit or document is intended for filing in said port or in any other customs district. To sign, seal, and delivery for and as the act of said grantor any bond required by law or regulation in connection with the entry of withdrawal of Imported merchandise or merchandise exported with or without benefit of drawback or in connection with the entry, clearance, lading, unlading or navigation of any vessel or other means of conveyance owned or operated by said grantor, and any and all bonds which may be voluntarily given and accepted under applicable laws and regulations, consignee’s and owner’s declarations provided for in section 485, Tariff Act of 1930, as amended, or affidavits in connection with the entry of merchandise. 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

entering, clearing, lading, unlading, or operation of any vessel or other means of conveyance owned or operated by said grantor. To authorize other 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 Treasury of the United States; if the Grantor is a nonresident of the United States, to accept service of process behalf of the grantor and to appoint subagents. And generally to transact at the customs houses in any district any and all customs business including making, signing, and filing of protest under section 514 of the Tariff Act of 1930, in which said grantor is or may be concerned or interested and which may properly be transacted or preformed by an agent and attorney, giving to said agent and attorney full power 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; the foregoing power of attorney to remain in full force and effect until the ________day of __________________20_____ or until notice of revocation writing is duly given to and received by a District Director of Customs, if the donor of this power of attorney is a partnership, the said power shall in no case have any force or effect after the expiration of: 2 years from the date of execution. Grantor acknowledges receipt of TAHOCO Logistics, Inc. terms and conditions of service governing all transactions between the parties. The Terms and Conditions of Service are found on the back of the TAHOCO Logistics Inc. Invoice for services and on the website at www.taco.ca If you are the Importer of Record, payment to the broker will not relieve you of liability for Customs charges in the event the charges are not paid by the broker. Therefore, if you pay by check, Customs charges may be paid with a separate check payable to “U.S. Customs Service.” Importers who wish to utilize this procedure must contract our office in advance to arrange timely receipt of checks.

IN WITNESS WHEREOF, the said

has caused these presents to be sealed and signed: (Signature) (Capacity) (Date)

WITNESS:

Customs Form 5291 (120195) (Corporate seal)*(Optional)

(2)(1)

(3)

(4) (5)(6) (7)

(8)

(9)

(10)(11) (12)

(13) (13)

(14)

TAHOCO Logistics Inc. | 400 Riverwalk Parkway, Suite #200, Tonawanda, New York 14150 | Tel: 716-874-6288 | Fax: 716-874-6327www.taco.ca

CREDIT APPLICATION FORM Thompson Ahern & Co. Ltd.

First Choice Logistics / TA Freight Services

TAHOCO Logistics Inc.

CLIENT INFORMATION

Legal Name:

Trade Name:

Physical Address: Mailing Address:

City: Province/State: Postal/Zip Code:

Telephone Number: Fax Number:

A/P Contact Name: Tel # (if different from above): Email:

Customs Contact Name: Tel # (if different from above): Email:

DIRECTORS, OFFICERS & SHAREHOLDERS INFORMATION

1. Name: Title: Tel #:



BUSINESS STATUS

SBRN / Business # / IRS #:

Parent Company: Relationship:

Subsidiary (%): Division: Joint Venture:

Nature of Business: Years in Business:

Line of Business: Wholesale Retailer Manufacturer Other

Type of Business: Sole Proprietor Corporation Partnership Other

Total Employees: Annual Sales:

BANKING INFORMATION

Bank Name: Address:

Transit #: Account #:

Contact Name: Tel #: Fax #:

*May we contact the bank directly? Yes No If YES, please complete the authorization release below

TRADE REFERENCES

1. Company Name: Contact Name:

Tel #: Fax #:


Tel #: Fax #:


Tel #: Fax #:


Tel #: Fax #:

CREDIT REQUIREMENTSCanadian Credit Information # of Shipments Per Month: GST Letter: Yes No

U.S. Credit Information # of Shipments Per Month: Importer Bond: Yes No ACH:

Payment Terms: Limit Requested:

CUSTOMER’S AGREEMENTThe undersigned hereby requests Thompson Ahern & Co. Ltd./Tahoco Logistics Inc. (TA/TL) to extend credit in the maximum amount referred to above. We hereby authorize TA/TL to obtain from any credit reporting agency or credit grantor, information as TA/TL may require at any time in connection with the credit hereby applied for and consents to the disclosure or exchange of any information concerning the undersigned. Unless otherwise indicated above, the undersigned hereby authorizes each of the above named bank and trade references to furnish TA/TL upon its request, credit and financial information with respect to the undersigned as TA/TL may require. Please note that all information will remain confidential.

Authorized Signature: Date:

Name (please print): Title:

Sales Representative Name:

Thompson Ahern & Co. Ltd./Tahoco Logistics Inc. CA-07-2011

TAHOCO Logistics Inc. • 400 Riverwalk Parkway, Suite #200A | Tonawanda, New York 14150

TERMS AND CONDITIONS OF SERVICE

Both the client and the Customs Broker agree to be bound by the Power of Attorney and the Terms and Conditions ofService until one or the parties advises the other in writing.

These terms and conditions of service constitute a legallybinding contract between the “Company” and the “Customer”governing the provision of customs brokerage and relatedservices by the Company to the Customer. In the event thecompany renders any other services and issues a documentcontaining terms and conditions governing such services, theTerms and Conditions set forth in such other document(s) shallgovern those services.

1.Definitions:a) “Company” shall mean Tahoco Logistics, Inc., itssubsidiaries, related companies, agents and/orrepresentatives.b) “Customer” shall mean the person for which the Company isrendering services , as well as its agents and/orrepresentatives, including; but not limited to; shippers,importers, exporters, carriers, secured parties, warehousemen,buyers and/or sellers, shipper’s agents, insurers, break-bulkagents, consignees, etc. It is the responsibility of theCustomer to provide notice and copy(s) of these terms andconditions of service to all such agents and representatives.c) “Documentation” shall mean all information received directlyor indirectly from the Customer, whether in paper or electronicform.d) “Ocean Transportation Intermediaries” shall include: OceanFreight Forwarder and a “non vessel operating commoncarrier”e) “Third parties” shall include, but not limited to, the following:carriers, truckmen, cartmen, lightermen, forwarders, OTI’s,customs brokers, agents, warehousemen and others which thegoods are entrusted for transport, cartage, handling and/ordelivery and/or storage.

2. Company as Agent:The Company acts as the “agent” of the Customer for thepurpose of performing duties in connection with the entry andrelease of imported goods, post entry services, the securing ofexport licenses, the filing of export documentation on behalf ofthe Customer and other dealings with US GovernmentAgencies; as to all other services, “Company” acts as anindependent contractor.

3. Limitiation of Actions:a) Unless subject to a specific statute or internationalconvention, all claims made against the “Company” for apotential or actual loss, must be made in writing and receivedby the Company within ninety (90) days of the event giving riseto claim; the failure to give the Company timely notice shall bea complete defense to any suit or action commenced byCustomer.

b) All suits against the Company must be filed and properlyserved on the Company as follows:i) For Claims arising out of ocean transportation, within one (1)year from the date of the loss;ii) For claims arising out of air transportation, within two (2)years from the date of loss.

iii) For claims arising out of the preparation and/or submission of animport entry(s), within seventy five (75) days from the date ofliquidation of the entry(s).iv) For any and all other claims of any other type within two (2)years from the date of the loss or damage.

4. No Liability for the Section or Services of Third Partiesand/or Routes:Unless services are performed by persons or firms engagedpursuant to express written instructions from the Customer, TheCompany shall use reasonable care in its selection of third parties,or in selecting the means, route and procedures to be followed inthe handling, transportation, clearance, and delivery of theshipment; advice by the Company that a particular person or firmhas been selected to render services with respect to the gods, shallnot be construed to mean that the Company warrants or representsthat such person or firm will render such services nor doesCompany assume responsibility or liability for any action(s) and orinactions(s) of such third parties and/or its agents, and shall not beliable for any delay or loss of any kind, which occurs while ashipment is in the custody or control of a third party or the agent ofa third party; all claims in connection with the act of a third partyshall be brought solely against such party and/or its agents; inconnection with any such claim, the Company shall reasonablycooperate with the Customer, which shall be liable for any chargesor costs incurred by the Company.

5.Quotations NOT Binding:Quotations as to fees, rates of duty, freight charges, insurancepremiums or other charges given by the Company to the Customerare for informational purposes only are subject to change withoutnotice; no quotation shall be binding upon the Company unless theCompany in writing agrees to undertake the handling of thetransportation of the shipment at a specific rate or amount set forthin the quotation and payment arrangements are agreed to betweenthe Company and the Customer.

6. Reliance On Information Furnished:Customer acknowledges that it is required to review all documentsand declarations prepared and/or filed with the Bureau of Customsand Border Protection, other Government Agencies and/or thirdparties, and will immediately advise the Company of any errors,discrepancies, incorrect statements, or omissions on anydeclaration filed on the Customer’s behalf.

In preparing and submitting customs entries, export declarations,applications, documentation and/or export data to the United Statesand/or third party, the Company relies on the correctness of alldocumentation, whether in written or electronic format, and allinformation furnished by Customer; Customer shall use reasonablecare to ensure the correctness of all such information and shallindemnify and the Company harmless from any and all claimsasserted and/or liability or losses suffered by reason of theCustomer’s failure to disclose information or any incorrect or falsestatement by the Customer upon which the Company reasonablyrelied. The Customer agrees that the Customer has an affirmativenon-delegable duty to disclose any and all information required toimport, export or enter the goods.



TERMS AND CONDITIONS OF SERVICE page 2

7.Declaring Higher Value to Third Parties:Third parties to whom the goods are entrusted may limit forloss or damage; the Company will request excess valuationcoverage only upon specific written instructions from theCustomer, which must agree to pay any charges therefore; inthe absence of written instructions or the refusal of the thirdparty to agree to a higher declared value, at Company’sdiscretion, the goods may be tendered to the third party,subject to the terms of the third party’s limitations of liabilityand/or terms and conditions of service.

8. Insurance:Unless requested to do so in writing and confirmed toCustomer in writing, Company is under no obligation to procureinsurance on the Customer’s behalf; in all cases, Customershall pay all premiums and costs in connection with procuringrequested insurance.

9. Disclaimer – Limitation of Liability:a) Except as specifically set forth herein, Company makes noexpress or implied warranties in connection with its services.b) Subject to (d) below, Customer agrees that in connectionwith any and all services performed by the Company, whichare the direct and proximate cause of any injury to Customer,including loss or damage to Customer’s goods, and theCompany shall in no event be liable for the acts of Thirdparties.c) In connection with all services performed by the Company,Customer may obtain additional liability coverage, up to theactual or declared value of the shipment or transaction, byrequesting such coverage and agreeing to make paymenttherefore, which request must be confirmed in writing by theCompany prior to rendering services for the coveredtransaction(s).d) In the absence of additional coverage under (c) above, theCompany’s liability shall be limited to the following:

i) Where the claim arises from activities other than thoserelating to customs brokerage, $50.00 per shipment ortransaction; orii) Where the claim arises from activities relating to “Customsbrokerage”, $50.00 per entry or the amount of brokerage feespaid to Company for the entry, whichever is less; oriii) For freight carried on Company’s trucks the maximumliability for loss or damage to cargo is $15.00 per pound perpiece, subject to a maximum liability of $100,000 per shipmentunless the shipper/consignor requests Excess Declared ValueCoverage, which has been arranged through and with theconsent of Company, The agreed value on household goods,used machinery, or personal effects will not exceed $.10 per lb.per article where the claim arises from activities other thanthose in (i) above or (ii) above, or $50.00 per shipment ortransaction.e) In No event shall Company be liable or responsible forconsequential, indirect, incidental, statutory or punitivedamages even if is has been put on notice of the possibility ofsuch damages.

10. Advancing Money:All charges must be paid by Customer in advance unless theCompany agrees in writing to extend credit to Customer; thegranting of credit to a Customer in connection with a particulartransaction shall not be considered waiver of this provision by theCompany.

11. Indemnification, Hold Harmless:The Customer agrees to indemnify, defend, and hold the Companyharmless from any claims and/or liability arising from theimportation or exportation of Customers’ merchandise and/orconduct of the Customer, which violates any Federal, State, and/orother laws, and further agrees to indemnify and hold the Companyharmless against any and all liability, loss, damages, costs, claims,and/or expenses, including but not limited to reasonable attorney’sfees, which the Company may hereafter incur, suffer or be requiredto pay by reason of such claims; in the event that any claims, suitor proceeding is brought against the Company, it shall give notice inwriting to the Customer by at its address on file with the Company.

12. C.O.D. or Cash Collect Shipments:Company shall use reasonable care regarding written instructionsrelating to “Cash/Collect” on “Delivery (C.O.D.)” shipments, bankdrafts, cashiers, and/or certified checks, letter(s) of credit and othersimilar payment documents and/or instructions regarding collectionof monies but shall have no liability if the bank or consigneesrefuses to pay for the shipment.

13. Costs of Collection:In any dispute involving monies owed to Company, the Companyshall be entitled to all costs of collection, including reasonableattorney’s fees and interest at 15% per annum or the highest rateallowed by law, whichever is less, unless a lower amount is agreedby the Company.

14. Limited Waiver of Record Confidentiality:Pursuant to section 111.24 of the Customs Regulations, informationrelating to the business of the clients serviced by the Company areto be considered “confidential” unless waived by the clients. Inorder to permit electronic storage of Company’s customs businessrecords, the issuance of invoices and maintenance or our recordsof account, etc, at the offices of TAHOCO Logistics and or itsaffiliates, to this extent the Customer expressly waives confidentialtreatment of those records. The information contained in theserecords will not be disclosed to parties other than TAHOCOLogistics, Inc. and/or its affiliates and will otherwise be treated asconfidential by the Company. Customer may revoke this waiver atany time by giving written notice to the Company.

15. No Duty to Maintain Records for Customer:Customer acknowledges that pursuant to Sections 508 and 509 ofthe Traffic Act, as amended (19USC 1508 and 1509) it has the dutyand is solely liable for maintaining all records required under theCustoms and/or other Laws and Regulations of the United States:unless otherwise agree to in writing, the Company shall only keepsuch records that it is required to maintain by statute(s) and orregulations(s), but not act as “record keeper” or “record keepingagent” for Customer.


TERMS AND CONDITIONS OF SERVICE page 3

16. Obtaining Binding Rulings, Filing Protests, etc:Unless requested by Customer in writing and agreed to byCompany in writing, Company shall be under no obligation tooundertake pre or post release actions, including, but not limitedto; obtaining binding rulings, advising of liquidations, filing ofpetitions or protests, etc.

17. Preparation and Issuance of Bills of Lading:Where Company prepares and/or issues a bill of lading,Company shall be under no obligation to specify thereon thenumber of pieces, packages, and/or cartons, etc; unlessspecifically requested to do so in writing by the Customer or itsagents and Customer agrees to pay for same. Company shallrely upon and use the cargo weight supplied by Customer.

18. No Modification or Amendment Unless Written:These terms and conditions of service may only be modified,altered, or amended in writing signed by both Customer andCompany; any attempt to unilaterally modify, alter, or amendsame shall be null and void

19. Compensation of Company:The compensation of the Company for its services may beincluded with and is in addition to the rates and charges of allcarriers and other agencies selected by the Company totransport and deal with the goods and such compensation shallbe exclusive of any brokerage, commissions, dividends, orother revenue received by the Company from carriers, insurersand others in connection with the shipment.

On ocean exports, upon request, the Company shall provide adetailed breakout of the components of all charges assessed and atrue copy of each pertinent document relating to these charges. Inany referral for collection or action against the Customer for moniesdue the Company, upon recovery by the Company, upon recoveryby the Company, the Customer shall pay the expenses of collectionand/or litigation, including a reasonable attorney fee.

20. Severability:In the event any paragragh(s) and/or portion(s) hereof are found tobe invalid and/or unenforceable, then in such event the remainderhereof shall remain in full force and effect.

21. Governing Law; Consent to Jurisdiction and Venue:These terms and conditions of service and the relationship of theparties shall be construed according to the laws of the State of NewYork without giving consideration to principles of conflict of law.

Customer and Company:a) Irrevocably consent to the jurisdiction of the United StatesDistrict Court and the State of New York.b) Agree that any action relating to the services performed by theCompany, shall only be brought in said courts.c) Consent to the exercise of in personam jurisdiction by saidcourts over it, andd) Further agree that any action to enforce a judgment may beinstituted in any jurisdiction.

Customs and Trade Automated Interface Requirements

ACH Application

ACH APPLICATION United States Customs Service Automated Clearinghouse Daily Statement Payment Program

(This form will be used to communicate account information to Mellon Bank)

Date: ____________________

Action to be taken: Add � Change � Delete �

Current ACH Payer Unit Number: _____________________ Requested Effective Date: ___________________ (Allow at least two business days.)

Payer Company Name: ______________________________________________________________________ Payer Company Address: ______________________________________________________________________

______________________________________________________________________ Payer Contact Name: ______________________________________________________________________ Payer Telephone: ( ____________________ FAX: ( _________________

Importer Number: ______________________________ OR 3 digit filer code: __ __ _ (include suffix)

Bank Name: _________________________________ Address: ____________________ Telephone: ( ______________________________ Bank must be a National Automated Clearinghouse Association (NACHA) participant.

ACH Bank Transit ACH Bank Routing Number: _ _ _ _ _ _ _ _ _ Account Number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

To ensure the accuracy of the account information, it is requested that written verification (obtained from your bank) be completed and accompany this application. The ACH payer will be responsible for defaults that result from incomplete or erroneous account information when written verification is not submitted and certified by bank personnel. Please verify that the bank transit routing and account numbers on the ACH application and bank specifications sheet match before forwarding to the Accounting Services Division.

Name of Customs Broker/Filer: ____________________ 3 digit filer code: __ __ __ Contact Name: ______________________________ Telephone: ( ________________

U.S. Customs ABI Client Representative of Customs Broker/Filer ____________________

______________________________________________ ________________________________________ Name of Authorizing Company Official Signature of Authorizing Company Official (Please type or print)

This application should be faxed, mailed or e-mailed to the ACH Coordinator at:

U.S. Customs Service Telephone: (317) 298-1200 Ext. 1098 ACH Applications FAX: (317) 298-1259 P.O. Box 68901 Indianapolis, IN Email: [email protected]

This section to be completed by the U.S. Customs Service

ACH Payer Unit Number _ _ _ _ _ _ (assigned by USCS) Effective Date __________________________ (Effective date is the first date ACH payment authorizations may be sent by Customs Broker/Filer)

) ) __

_

)

)

46268

Amendment 2 - January 2002 Appendix J J-3


Automated Clearinghouse (ACH) Application Form A separate ACH Application Form must be completed for each bank account if multiple accounts are used in the Automated Clearinghouse (ACH). To receive notification of the assigned Payer’s Unit Number quickly, print the FAX telephone number in the upper right-hand corner of the form. If a broker is providing the form on behalf of the client, the client’s FAX number should be provided.

Definitions for the data elements reported on the ACH Application Form are defined below:

Data Element

Add

Change

Delete

Current ACH Payer Unit Number Requested Effective Date

Payer Company Name Payer Company Address

Payer Contact Name

Payer Telephone/ FAX Importer Number or 3-Digit Filer Code

Description

Check this box if the action is toadd new banking account data.Check this box if the action is tochange banking account dataalready on file or to changecompany address or contactinformation.Check this box if the action is todelete the ACH payer’s unitnumber. Deleting the record willprevent its future use in the ACHpayment authorization transaction.The current ACH payer unitnumber for which the change ordelete is requested.The date the change is to takeplace. Effective dates for changesshould be at least two businessdays in the future.The name of the company whichrelates to the bank accountinformation being provided.The city, state and ZIP code of thecompany which relates to thebank account information beingprovided.The name of the contact personfor the related payer companyname.The telephone and FAX numberof the company responsible forthe ACH payment.The 12-position importer numberor the 3-position filer codeidentifying the payer to which theACH payer unit number will beassigned.

Data Element

Bank Name

Address

Telephone

ACH Bank Transit Routing Number

ACH Bank Account Number

Name of Customs Broker/Filer

3-Digit Filer Code

Contact Name

Telephone

U.S. Customs ABI Client Representative of Customs Broker/Filer Name of Authorizing Company Official Signature of Authorizing Company Official

Description

The name of the bank related to bank account information. The address of the bank related to the bank account information. The telephone number of the bank related to the bank account information. A 9-position number identifying the location of the bank where the bank account is located. This number is obtained from the bank. It is the responsibility of the payer to ensure that the information provided is correct. The bank account number which is to be used in the ACH payment process. This number is obtained from the bank. It is the responsibility of the payer to ensure that the information provided is correct. The name of the Customs Broker/Filer the payer will use in the ACH payment authorization transmission. If payer uses more than one Customs Broker/Filer, provided the name of only one. The filer code of the related Customs Broker/Filer the payer will sue in the ACH payment authorization transmission. The name of a contact person of the related Customs Broker/Filer name. The telephone number of the related Customs Broker/Filer contact name. The name of the ABI Client Representative of the related Customs Broker/Filer the payer will use in the ACH payment authorization transmission. The name of the company official who is authorized to release the information provided on the form.

A legible signature of the company official who is authorized to release the information on the form.

J-4 Appendix J Amendment 2 - January 2002


Data Element Description

ACH Payer The six-digit ACH payer unit Unit Number number assigned by U.S. Customs

in “ADD” actions. This number will be used in the ACH payment authorization transmission to U.s. Customs.

Effective Date Provided by Customs. The date the first ACH payment authorization may be transmitted to U.S. Customs by the payer’s filer.

Amendment 2 - January 2002 Appendix J J-5

Name and Location

Value:

Duty Paid:

No. of Entries:

NOTE: WE MUST HAVE A VALID POWER OF ATTORNEY PRIOR TO BOND APPLICATION. UNTILSUCH TIME A PROPERLY EXECUTED POWER OF ATTORNEY IS RECEIVED, TAHOCO

RESERVES THE RIGHT TO CHARGE FOR THE USE OF OUR BOND.

U.S. BONDS ARE GOOD FOR A ONE YEAR PERIOD. PLEASE NOTIFY TAHOCO PRIOR TO THE EXPIRATIONDATE AND WE WILL ARRANGE TO UNDERWRITE A NEW BOND FOR AN APPROPRIATE FEE.

2012 • TAHOCO LOGISTICS INC.

BOND APPLICATION

Please apply for a Bond for the following company:

Please apply for a Bond for the following company: Country of Origin

Last Calendar Year Estimated Next Calendar Year

Requested by: _______________________________________________

Phone: _______________________________________________

Company: _______________________________________________

Address: _______________________________________________

City: _______________________________________________

Prov/State: ______________________________ Postal Code/ZIP: ______________________________

Fax: _______________________________________Phone: ______________________________

Contact: _______________________________________________

Title: _______________________________________________

IRS/Federal ID# of U.S. Customs Assigned Number: _________________________________________________

Date: ________________________

MM/DD/YYYY

BOND APPLICATION

PAGE 2 – COMPLETE ONLY IF APPLICABLE

Note: A U.S. Customs Power of Attorney is required for EACH business entity listed.

2012 • TAHOCO LOGISTICS INC.

List the location of all separately incorporated companies or divisions. The legal name of each must be shown. Do not use abbreviations such as “LTD.” or “INC.” unless the Articles of Incorporation were filed in this fashion.

List the legal name and address of all unincorporated divisions or trade names used, for which the above principals consent to be legally responsible for customs transactions. Please note that all locations for which you wish your bond to apply must be listed. A bond cannot be committed to locations not listed on the bond.

Company Name Street Address City PostalState/Prov

Company Name Street Address City PostalState/Prov

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u.s. customs brokers power of attorney...

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