STANDARD TERMS & CONDITIONS AND LIABILITY DISCLAIMER

Scope of Services

Aerodoc is a logistics coordinator and freight forwarder. We arrange transportation and associated services; however, we do not manufacture, sell, inspect, certify, test, or guarantee the regulatory compliance of any goods. Unless expressly agreed in writing, Aerodoc is not the importer of record (“IOR”), exporter of record (“EOR”), customs broker, customs bond holder, or regulatory adviser for Customer’s goods. Any IOR/EOR function performed by Aerodoc is strictly limited to the facilitation of customs formalities and does not shift regulatory obligations from the Customer or manufacturer.

Customer Responsibilities

The Customer is solely responsible for:

• Legal Compliance: Ensuring that the goods conform to all applicable laws, regulations, certifications, permits, and approvals in the country of origin, transit, and destination.
• Documentation & Licensing: Obtaining and providing all necessary licenses, permits, registrations, certifications (including but not limited to DIGEMID, FDA/CBP, CE, TGA, ANMAT, or any other relevant authority), importer declarations, and any supporting documents required to transport and clear the goods.
• Accurate Information: Providing correct and complete descriptions, classifications, valuations, and documents for the goods. Customer must disclose any restricted or regulated status of the goods.
• Packaging & Labeling: Ensuring that goods are properly and securely packaged, labelled, and marked, and that all required declarations, safety data sheets, and compliance statements accompany the goods.
• Insurability: Arranging cargo insurance, if desired, and confirming coverage of the goods for all stages of transport and regulatory actions.

Aerodoc shall not be responsible for verifying the legality, authenticity, completeness, or sufficiency of any documentation or for ensuring the goods’ regulatory compliance. Any failure to secure regulatory approvals, authorizations, or licenses remains the sole responsibility of the Customer.

Regulatory Compliance Disclaimer

Customer acknowledges that Aerodoc cannot and does not guarantee admission, entry, release, or clearance of goods. Aerodoc shall not be liable for any fines, penalties, storage fees, demurrage, inspections, holds, re-exportation, destruction, or other consequences arising from:

• The Customer’s failure to obtain or provide required regulatory documentation or approvals;
• The non-compliance of the goods with applicable laws or regulations;
• Governmental or regulatory actions, delays, or refusals;
• Inaccurate, incomplete, or misleading information provided by the Customer.

All resultant costs, expenses, penalties, fees, and losses—whether due to delays, seizures, or destruction—shall be borne exclusively by the Customer.

Liability & Limitation of Claims

To the fullest extent permitted by law:

• No Consequential Damages – Aerodoc shall not be liable for any indirect, incidental, special, punitive, or consequential damages including, but not limited to, loss of profits, market, revenues, business interruption, reputational harm, or loss of sales.
• Cap on Liability – For any claim arising out of services performed by Aerodoc, Aerodoc’s maximum total liability shall be strictly limited to the lesser of:
  • (a) The total amount of freight and service fees paid to Aerodoc for the specific shipment giving rise to the claim; or
  • (b) The FOB value declared by the Customer for the goods transported.

Under no circumstances shall any claim exceed the declared FOB value of the goods, regardless of the alleged value of the goods, the amount claimed, or the nature of the loss.

• Claims Notice – Any alleged claim for damage, loss, or refund must be made in writing to Aerodoc within seven (7) calendar days of delivery or the scheduled delivery date, whichever occurs first. Failure to provide timely notice constitutes a waiver of claims.
• Exclusions – Aerodoc is not liable for losses arising from inherent vice of the goods, force majeure, acts of public authority, labor disruptions, war, natural disasters, or other events beyond our control. Liability exclusions include, but are not limited to, delays caused by customs inspections, government detentions, or compliance requirements.

Indemnification

Customer agrees to indemnify, defend, and hold harmless Aerodoc, its officers, directors, employees, agents, partners, and affiliates against any and all claims, liabilities, losses, damages, fines, penalties, taxes, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

• The nature, condition, packaging, or compliance status of the goods;
• Violations of laws, regulations, or regulations by the Customer or its consignors/consignees;
• Failure to obtain or provide required licenses, permits, registrations, or other regulatory approvals;
• Any breach of these Terms or misrepresentations by the Customer.

Additional Costs & Charges

Customer shall be responsible for all additional charges that arise from circumstances beyond Aerodoc’s control, including but not limited to: customs inspections, re-exportation, forced destruction of goods, duties, taxes, demurrage, detention, storage, port congestion, documentation fees, and regulatory penalties. Such charges are payable by the Customer upon demand.

Insurance

Aerodoc does not provide cargo insurance unless explicitly agreed in writing. Customers must arrange adequate cargo insurance coverage on their own and understand that any insurance coverage may not extend to delays, fines, or penalties arising from regulatory non-compliance or customs issues.

Right to Refuse, Suspend, or Terminate Service

Aerodoc reserves the right to refuse, suspend, or terminate services at any time if the goods:

• Appear to violate laws, sanctions, export controls, or trade restrictions;
• Pose safety, regulatory, ethical, or reputational risks to Aerodoc;
• Are declared or documented improperly; or
• Are suspected to be counterfeit, unauthorized, or otherwise illegal.

Aerodoc shall not be liable for any loss or damages resulting from refusing or suspending services based on these grounds.

Force Majeure

Aerodoc shall not be liable for any delay, failure in performance, or other obligations caused by events beyond our reasonable control, including but not limited to: acts of God, natural disasters, governmental actions, border closures, strikes, lockouts, war, terrorism, pandemics, public health emergencies, or carrier disruptions.

No Legal or Regulatory Advice

Aerodoc does not provide legal advice, tax advice, regulatory compliance consulting, or specialist interpretation of laws. Any statements made by Aerodoc employees or agents, written or oral, are for general informational purposes only and do not constitute legal advice. Customers should consult qualified legal or customs professionals regarding specific regulatory requirements.

Governing Law and Dispute Resolution

These Terms shall be governed by, and construed in accordance with, the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. Any disputes arising in connection with these Terms, the services provided, or the goods transported shall be brought exclusively in the state or federal courts located within [designate county, e.g., Miami-Dade County], Florida, and the parties consent to the personal jurisdiction of such courts.

Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remainder of the Terms shall remain in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between Aerodoc and the Customer concerning the services provided and supersede any prior agreements, understandings, proposals, or communications. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

Notice

This content is for informational purposes and is subject to change without notice. Aerodoc reserves the right to modify these Terms at any time. Customers are encouraged to consult counsel to ensure they understand their regulatory obligations and the limitations and exclusions contained herein.