Terms & Conditions

1- IMPORT CONTAINERS WILL BE REMOVED FROM PIER WITHIN THREE DAYS FROM THE DATE CONTAINER IS FREIGHT RELEASED AND CUSTOMS RELEASED NOT INCLUDING RELEASE DATE.  ANY DEMURRAGE CHARGES WILL BE FOR THE ACCOUNT OF THE IMPORTER UP TO THE THREE DAYS FROM THE RELEASE DATE.  MCS RESERVES THE RIGHT TO RETURN THE DELIVERY ORDER TO THE CUSTOMER ANYTIME DURING THIS PERIOD WITHOUT PENALTY, IF OUR COMPANY CAN NOT PROVIDE THE SERVICE REQUIRED. 

2 - DROPPED CONTAINERS WILL BE REMOVED FROM THE CUSTOMER’S WAREHOUSE UPON THE CALL DATE RECEIVED FROM CUSTOMER WITHIN TWO DAYS AND RETURNED TO THE PIER TERMINAL.  ALL PER DIEM CHARGES WILL BE FOR THE ACCOUNT OF THE CUSTOMER UP TO AND INCLUDING THE TWO DAYS AFTER THE EMPTY CALL DATE. DROP AND PICK CUSTOMERS THAT DO NOT PAY A BOBTAIL FEE WILL BE RESPONSIBLE FOR ALL PER DIEM CHARGES REGARDLESS OF CALL DATE UNLESS PRIOR ARRANGEMENTS ARE MADE.  MCS WILL MAKE EVERY EFFORT TO RETURN THE CONTAINER IMMEDIATELY AFTER THE CALL DATE.

3 - IMPORT DOCUMENTS WILL BE PROCESSED VIA OUR CUSTOMER SERVICE DEPARTMENT DAILY.  FREE TIME, FREIGHT AND CUSTOMS RELEASE WILL BE CHECKED AND RECORDED IN OUR CONTAINER DISPATCH DATABASE.   STATUS REPORTS WILL BE SENT UPON REQUEST.  IT IS THE CUSTOMER’S RESPONSIBILITY TO MAKE SURE DOCUMENTS ARE RECEIVED FROM THE CUSTOMS BROKER AND HAVE BEEN LOGGED INTO OUR SYSTEM.  MCS WILL NOT BE RESPONSIBLE FOR ANY DEMURRAGE CHARGES ON DOCUMENTS NOT PROCESSED IN OUR SYSTEM. 

4 - IN REGARDS TO EXPORT SHIPMENTS, MCS WILL MAKE EVERY EFFORT TO RETURN THE EXPORT LOAD TO THE PIER TERMINAL IN A TIMELY FASHION PRIOR TO THE CUT-OFF DATE.  OUR DISPATCH PROGRAM MONITORS THE CUT-OFF DATE IN ORDER TO AVOID THE MISSING OF VESSELS.  IT IS THE CUSTOMER’S RESPONSIBILITY OR ITS AGENT TO PROVIDE THE CUT-OFF DATE TO THEIR CUSTOMER SERVICE REPRESENTATIVE.  MCS WILL NOT BE RESPONSIBLE FOR ANY DIVERSION COST ON EXPORT CONTAINERS DUE TO MISSED VESSELS OR BOOKING NUMBER PROBLEMS.  THE CUSTOMER AND/OR ITS FREIGHT FORWARDER MUST PROVIDE THE PROPER INFORMATION TO THE STEAMSHIP LINE FOR THE PROPER HANDLING OF ITS EXPORT CONTAINERS.

5 - C.O.D. OR CASH COLLECT SHIPMENTS – COMPANY SHALL USE RESPONSIBLE CARE REGARDING WRITTEN INSTRUCTIONS RELATING TO “CASH/COLLECT ON DELIVER (C.O.D.)” SHIPMENTS, CASHIER’S AND/OR CERTIFIED CHECKS AND OTHER SIMILAR PAYMENTS AND/OR INSTRUCTIONS REGARDING COLLECTION OF MONIES BUT SHALL HAVE NO LIABILITY IF THE BANK OR CONSIGNEE REFUSES TO PAY FOR THE SHIPMENT

6 - LIMIT OF LIABILITY – COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH ITS SERVICES.  THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FOLLOWING: 

  • WHERE THE CLAIM ARISES OUT OF HANDLING DOCUMENTATION PRIOR TO THE PICK UP OF THE CARGO - $50 PER SHIPMENT.
  • WHERE THE CLAIM ARISES OUT OF BROKERING THE CARGO TO ANOTHER TRUCKING COMPANY - $50 PER SHIPMENT.
  • WHERE THE CLAIM ARISES OUT OF TRANSPORTING THE CARGO - $ .25 CENTS PER POUND WITH A LIMIT OF $100,000 PER SHIPMENT.
  • WHERE THE CLAIM ARISES OUT OF WAREHOUSING THE CARGO - $ .25 CENTS PER POUND WITH A LIMIT OF $100,000 PER SHIPMENT.                            

7 - THE CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MCS FROM ANY CLAIMS AND/OR LIABILITY ARISING FROM THE IMPORTATION OR EXPORTATION OF CUSTOMERS MERDCHANDISE AND/OR ANY CONDUCT OF THE CUSTOMER, WHICH VIOLATES ANY FEDERAL, STATE AND AND/OR OTHER LAWS, AND FURTHER AGREES TO INDEMNIFY AND HOLD THE COMPANY HARMLESS AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGES, COST, CLAIMS, AND/OR EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEE, WHICH THE COMPANY MAY HEREAFTER INCUR, SUFFER OR BE REQUIRED TO PAY BY REASON OF SUCH CLAIMS.  IN THE EVENT THAT ANY CLAIM, SUIT OR PROCEEDING IS BROUGHT AGAINST THE COMPANY, IT SHALL GIVE NOTICE IN WRITING TO THE CUSTOMER BY MAIL AT ITS ADDRESS ON FILE WITH MCS.