Terms & Conditions of Service

These terms and conditions of service constitute a legally binding contract between Mendiola Customs Brokerage and the “Client”.

1. Definitions.(a) “Company” shall mean Mendiola Customs Brokerage, its agents and/or representatives;(b) “Client” shall mean the person for which the Company is rendering service, as well as its agents and/or representatives. It is the responsibility of the client to provide notice and copies of these terms and conditions of service to all such agents or representatives;(c) “Third parties” shall include, but not be limited to, the following: carriers, forwarders, agents, warehousemen, and others to which the goods are entrusted;(e) “Documentation” shall mean all information received directly or indirectly from Client, whether in paper or electronic form;(f) “Freight Forwarder” shall mean a person or entity that is engaged in the business of dispatching shipments in foreign commerce between the United States, its territories or possessions, and foreign countries, and handling the formalities incident to such shipments, on behalf of other persons.
2. Limitation of Actions.(a) Unless subject to a specific statute, all claims against the Company for a potential or actual loss must be made in writing and received by the Company within ninety (90) days of the event giving rise to the claim; the failure to give the Company timely notice shall be a complete defense to any suit or action commenced by Client.(b) All suits against Company must be filed and properly served on Company as follows:(i) For claims arising out of the preparation and/or submission of an import entry, ninety (90) days from the date of liquidation of the entry.(ii) For any and all other claims of any other type, within two (2) years from the date of the loss or damage.
3. Information Supplied.Client acknowledges that it is required to review all documents and declarations prepared and/or filed with any Government Agency and/or third parties, and will immediately advise the Company in writing of any errors, discrepancies, incorrect statements, or omissions on any declaration or other submission filed on Client's behalf. The Client will indemnify and hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Client’s failure to disclose information or any incorrect, incomplete, or false statement by the Client or its agent, representative, or contractor. We maintain reasonable administrative, physical, and technological measures to protect the confidentiality and security of your data, such as HTTPS. Unfortunately, no website, server, or database is completely secure or 'hacker-proof'. We, therefore, cannot guarantee that information about you will not be disclosed, misused, or lost by accident or by the unauthorized acts of others.
4. Disclaimers; Limitation of Liability.(a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;(b) The Company’s liability shall be limited to $50.00 per transaction, or the amount of fees paid to the Company for the transaction, whichever is less.(d) In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory, or punitive damages, including any and all loss or damages arising from delay of services.(d) Client agrees that the Company shall in no event be liable for the acts of third parties.
5. Indemnification.The Client agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability arising from the importation or exportation of Client's merchandise and/or any conduct of the Client, which violates any Federal, State, and/or other laws, and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs, claims, and/or expenses, including but not limited to reasonable attorney’s fees, 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 Client by mail at its address on file with the Company.
6. No Duty To Maintain Records For Client.Client acknowledges that the Company shall only keep such records that it is required to maintain by Statute(s) and/or Regulation(s), but not act as a “recordkeeper” or "recordkeeping agent” for Client.
7. Invoices and Payment.Unless different terms are requested by Client and agreed to by Company in writing:(a) The Company will deliver invoices to the Client within thirty (30) business days after completion of work.(b) Client agrees to make payment on any invoiced charges within one (1) calendar day after receipt of invoices.(c) Any unpaid balances are subject to a monthly surcharge of fifteen (15%) percent.(d) In any dispute involving monies owed to Company, the Company shall be entitled to all costs of collection, including reasonable attorney’s fees and interest at 15% per annum or the highest rate allowed by law.
8. Insurance.Company is under no obligation to procure insurance on Client’s behalf.
9. Data Privacy and Future Company Changes.(a) The Company shall exercise the highest degree of care and security in handling all data received from the Client.(b) The Company shall not sell or disclose Client data to any third parties, except in circumstances involving future iterations, reorganizations, restructurings, or sales of the Company. In such events, data may be shared solely with successor entities or affiliates, including but not limited to scenarios where the Company may restructure or reincorporate in a different jurisdiction.(c) While the Company shall endeavor to maintain the highest security standards, the Company cannot guarantee absolute security against unauthorized access or exposure of data. Consequently, the Company shall not be held liable for any damages arising from such incidents.(d) In the event that Client data is compromised, the Company will comply with the requirements set forth in 19 C.F.R. § 111.21(b), which mandates notification to the CBP Office of Information Technology Security Operations Center (CBP SOC) within 72 hours of discovering the breach, including any known compromised importer identification numbers.(e) The Client acknowledges and accepts the inherent risks associated with the transmission and storage of information. Accordingly, the Company shall not be liable for any data breaches, losses, or unauthorized disclosures that may occur.
10. No Modification or Amendment Unless Written.These terms and conditions of service may only be modified, altered, or amended in writing signed by both Client and Company; any attempt to unilaterally modify, alter, or amend the same shall be null and void.
11. Severability.The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
12. Governing Law.This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Texas, without regard to its conflict of laws rules.