According to the terms of this agreement (the "Agreement") and in consideration of service fees charged, the undersigned (the "Customer") retains ICON EV., a California corporation ("ICON"), as its agent to arrange transportation services and to provide logistics advice. These services include: (a) providing and/or arranging customs brokerage services; (b) preparing and/or processing delivery orders or dock receipts; (c) preparing and/or processing bills of lading; (d) arranging for and/or providing crating, packing, unpacking and warehouse storage; (e) arranging for cargo insurance; (f) handling freight or other monies advanced by shippers, or remitting or advancing freight or other monies or credit in connection with the dispatching of shipments; (g) giving advice concerning letters of credit, licenses or inspections, or other documents or issues relating to the dispatch of cargo; and (h) such other services related to the foregoing as ICON and Customer may agree.
Customer understands that ICON is a local carrier, and that certain of the transportation services described herein will need to be outsourced to responsible carriers, warehouseman and other transportation intermediaries ("3rd Parties") who will act for and on behalf of the Customer. Customer hereby appoints ICON as its attorney-in-fact to engage such 3rd Parties on behalf of Customer to carry out the applicable transportation services. Customer understands and agrees that the terms and conditions of the contracts with the 3rd Parties (such as storage receipts of warehouseman and contracts of carriage of the water, road, or air carriers) will apply to Customer as if Customer had entered into those contracts itself, and Customer will be liable to the 3rd Parties under such contracts. ICON will be acting solely as an agent of the Customer with respect to the contract with 3rd Parties.
Under some circumstances, ICON may provide warehouse service. In such instance, the terms of ICON's warehouse receipt or bill of lading will apply as if it had been issued to the Customer, and copies of these documents will be posted on ICON’s web site and will be accessible by Customer at any time. Customer shall comply with all applicable laws and government regulations of any country to, from, through or over which its goods may be carried, including those relating to the packing, carriage, or delivery of the goods, and shall furnish such information to ICON as may be necessary to comply with such laws and regulations. In no event will ICON be liable for any violations of these laws by Customer, and ICON will not be advising Customer with respect to such laws. Shipments covered by these terms and conditions are prohibited if diverted contrary to U.S. law. Customer hereby represents and warrants to ICON that the goods are properly marked, addressed, and packaged to withstand any contemplated method of transport. Customer, or such person or entity that originates and tenders goods for handling or transport, hereby consents to an inspection of the cargo.