Rule 2-190: Lien Notice
A. Prior Notice and Registration Requirements:
Pursuant to regulations effective December 12, 2003 (see 21 C.F.R. Parts 1 and 20), the FDA must be provided with notice of food that is imported or offered for import into the United States (i.e., the continental U.S., Alaska, Hawaii and Puerto Rico) by water at least eight (8) hours prior to vessel arrival.. The term "food" means: (i) articles used for food or drink for man or other animals; (ii) chewing gum; and (iii) and articles used for components of food or chewing gum (see 21 U.S.C. Sec. 321(f). However, the term does not include meat products, poultry products, and eggs products that are subject to the exclusive jurisdiction of the U.S. Department of Agriculture. In addition to prior notice of food shipments, the new FDA regulations require that U.S. and foreign facilities which are engaged in the manufacturing, processing, packing, or holding of food for consumption in the United States ("subject facilities") register with the FDA.
B. Responsibility for Prior Notice and Registration:
It shall be the responsibility of the shipper and/or consignee named in Carrier's bill of lading (hereinafter collectively referred to as the "Cargo Interests"), to ensure that prior notice of any shipment of food (as that term is defined in Paragraph A) imported or offered for import into the U.S. is provided to the FDA in accordance with applicable regulations and that any subject facility (other than a subject facility of Carrier) which has manufactured, processed, packed or held such food shipment has registered with the FDA in accordance with applicable regulations.
C. Evidence of Compliance:
With respect to any food shipment for which a prior notice confirmation number (“PN Number”) is required to be provided to the Bureau of Customs and Border Protection (“CBP”), FDA, or any other government agency upon arrival, it shall be the responsibility of Cargo Interests to ensure that such PN Number has been provided to the required agencies and other persons prior to vessel arrival. In addition, Cargo Interests shall be required to provide Carrier with the PN Number immediately upon written request of Carrier.
D. Failure to Comply:
1. In the event that any food shipment is delayed or refused entry into the United States due to the failure to provide adequate prior notice or the failure of a subject facility to register with the FDA, it is expected that notice of refusal will be provided to Carrier by the FDA and/or CBP. Carrier will use best efforts to promptly transmit the notice received from the authorities to the Cargo Interests, who shall be responsible for transmitting such notice to any other persons with an interest in the cargo. Carrier shall not be liable for any delay in the transmission of, or failure to transmit, such notice or any consequences thereof.
2. In the event that any food shipment is delayed or refused entry into the United States due to the failure to provide adequate prior notice or the failure of a subject facility (other than a subject facility of Carrier) to register with the FDA, or if it is determined that cargo which should have been refused entry has been permitted to enter the United States, then the Cargo Interests shall be jointly and severally liable to indemnify, hold harmless, and reimburse Carrier (and by booking a shipment with Carrier do thereby agree to indemnify, hold harmless and reimburse Carrier) for any and all costs, expenses, liabilities, damages, or losses incurred by the Carrier as a result of such non-compliance including, but not limited to, costs of complying with orders and directions of FDA and/or CBP, costs for handling and storing cargo, demurrage, subsequent transport of the cargo by any mode of transportation, and fines and penalties. Carrier shall have a lien on cargo in its possession for amounts due hereunder and may hold cargo until such amounts (and any other unpaid freights or charges) are paid or sell such cargo after a reasonable period. In the event Carrier is forced to take legal action to collect amounts due hereunder, or to defend any action resulting from actions or events covered by this indemnification, Carrier shall be entitled to recover all costs (including attorneys' fees) incurred in connection with such legal action. For purposes of this paragraph, the indemnification provided to Carrier shall also extend to its agents, affiliates, contractors, employees, vessel-sharing partners, slot charterers, vessel owners, and insurers.
1) Our freight quotations are generally valid for 15 days unless otherwise stated within our "Freight Quotation" form, NRA (Negotiated Rate Arrangement) or NSA (NVOCC Service Arrangement); 2) Cargo is booked and moved per "ALPHA LOGISTICS WORLDWIDE FREIGHT FORWARDING TERMS AND CONDITIONS" as revised; "ALPHA LOGISTICS WORLDWIDE - Tariff 0001" as revised published and made available at www.alphalogisticsworldwide.com/tariff; and any other instrument provided with terms, policies, and notices; 3) Fuel surcharge (fsc) may vary slightly as published or provided by pre-carrier(s) at time to loading; 4) Documentation (shippers letter of instruction, packing list, commercial invoice) are included. If any special/additional documentation or filing beyond those are required per the cargo content or "known" destination country requirements, there may be additional documentation fees applied; 5) If shipping vehicle(s), special fees will be assessed for filing and pre-clearing through AES; 6) If shipping hazardous material, special handling fees above normal documentation will be assessed; 7) All shipment departure/sail and arrival dates/times are estimates and subject to change without notice; 8) All documentation are required to be in at minimum ninety-six hours (96 hours) prior to cargo sailing/departure or before container is in-gated. If shipping vehicles, US Customs and Border Protection (CBP) requires a minimum of 72-hours (seventy two hours) to clear vehicle titles for shipment AND Alpha Logistics Worldwide requires original titles and relevant information in office at least 168-hours/7-days prior to scheduled ship sailing date; 9) Failure to provide complete, accurate, timely, and necessary cargo information may result in storage, extra handling, shipment change/roll-over, demurrage, and/or detention fees applied by CBP, Port Authority, Pre-Carriers, Carrier, and any other party handling your cargo; 10) At any time during the course of your shipment, after presentation and/or settling of final invoice, you may request a breakout of all charges relating to your cargo. 11) A non-refundable $500 cancellation fee will be assessed by Alpha Logistics Worldwide plus any other charges levied by contracted parties providing handling, forwarding, storing, processing, warehousing, insuring, and other services/products; 12) Your (Shipper/Exporter) agree to indemnify, defend and hold harmless, Alpha Logistics Worldwide and its parent, predecessor, successors and affiliates and their officers, directors, shareholders, employees and agents from and against any damage, loss, fine, penalty, fee, expense, or liability of any type or kind whatsoever incurred or sustained by them or applied to this shipment, arising out of, based upon or relating to the booking and forwarding of the cargo set forth in the Freight Quotation arising from actions taken by CBP, Ocean Carriers, Pre-Carriers, Storage Facilities, Loaders and Handlers, or as a result of Shipper's failure to adhere to any of the provisions in paragraphs 1-9 above.
As an OTI (Ocean Transport Intermediary) we are the facilitating entity amongst all parties involved in the shipping process. Accordingly, we serve as the conduit through which information and money is collected and disbursed. WE DO NOT ACCEPT OR PAYOUT IN CASH. Acceptable payment methods are: