Importal Customs LLC

Customs Brokerage Terms and Conditions

These Terms and Conditions of Service ("Terms") apply to all services provided by Importal Customs LLC ("Importal"), a Texas limited liability company operating as a licensed customs brokerage in the Port of San Francisco. By requesting or accepting services from Importal, the "Customer" agrees to be bound by the following Terms, which are modeled on industry standards published by the National Customs Brokers and Forwarders Association of America (NCBFAA).

Importal reserves the right to update or revise these Terms at any time by posting updates at www.goimportal.com/terms. Continued use of our services constitutes acceptance of any changes.

1. Definitions

(a) “Importal” or “Company” refers to Importal Customs LLC, its affiliates, successors, or assigns.
(b) “Customer” includes the importer, exporter, owner, agent, consignee, or any party engaging Importal for services.
(c) “CBP” refers to U.S. Customs and Border Protection; “Customs” refers to CBP or any similar agency globally.
(d) “Documentation” refers to any data provided to Importal in connection with shipments.
(e) “Third Parties” refers to carriers, forwarders, warehousemen, and others entrusted with cargo movement, clearance, or delivery.

2. Scope of Agency and Power of Attorney

Importal acts as the Customer’s agent solely for customs brokerage, importer security filing, and dealings with government agencies. Customer authorizes Importal to act on its behalf for such purposes, including signing documents, paying duties, and appointing sub-agents. This authority remains in effect until explicitly revoked in writing.

3. Limitation of Liability and Time to File Claims

Claims must be submitted to Importal in writing within 90 days of the event giving rise to the claim.
Lawsuits must be filed within:

  • 75 days of entry liquidation (for customs entries)

  • 1 year for ISF or general loss

  • 2 years for air transport losses

  • All other claims within 2 years of loss

Liability for errors in customs services is limited to $50 per entry or the amount paid to Importal for that entry, whichever is less. Importal is not liable for third-party errors or consequential damages under any circumstances.

4. Use of Third Parties

Importal uses reasonable care in selecting carriers, forwarders, and service providers but is not liable for delays, damages, or errors caused by them. Claims against such third parties must be pursued directly by the Customer.

5. Quotes and Fees

All fee quotes are estimates unless confirmed in writing. Fees may change without notice. Any quotes do not guarantee acceptance of a shipment unless confirmed by Importal and payment terms are established.

6. Reliance on Provided Information

Importal relies on data and documentation provided by the Customer. Customer affirms the accuracy and completeness of such information and agrees to indemnify Importal for any penalties, costs, or damages resulting from errors or omissions.

7. Insurance

Importal does not provide insurance unless specifically requested and confirmed in writing. The Customer is responsible for all premiums and claims must be made directly with the insurer.

8. Indemnification

Customer agrees to indemnify and hold Importal harmless for all claims, penalties, costs, or legal fees arising from services performed on the Customer’s behalf, including classification errors, regulatory violations, or third-party claims.

9. General Lien

Importal reserves a general lien on all goods in its possession for any unpaid charges. If payment is not received within 30 days of notice, Importal may sell the goods to recover unpaid balances.

10. Advancing Money

All charges must be paid by the Customer in advance unless Importal agrees in writing to extend credit. Granting credit for a particular transaction does not waive this requirement for future transactions.

11. Force Majeure

Importal is not liable for any failure to perform services due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, pandemics, civil unrest, transportation delays, or governmental restrictions. Customer bears the risk of loss due to Force Majeure and agrees to cover any charges incurred by Importal to protect the goods.

12. Costs of Collection

In the event of non-payment, the Customer shall be responsible for all costs associated with collecting overdue balances, including reasonable attorney's fees and either a late fee of 1.5% per month or the highest legal rate permitted.

13. Recordkeeping

Customer is responsible for maintaining required Customs records under 19 U.S.C. §§ 1508–1509. Importal is not a recordkeeper for the Customer unless agreed in writing.

14. Dispute Resolution

These Terms are governed by the laws of the State of Texas. All claims or disputes will be resolved in a state or federal court located in Travis County, Texas. Both parties consent to jurisdiction in those courts.

15. Entire Agreement and Modifications

No changes to these Terms are valid unless agreed in writing by both parties. These Terms supersede any previous agreements unless otherwise stated in a signed contract.