FedEx Export AgentFile
®
– FedEx Express
For FedEx Use Only:
SRN – Shipment Reference Number issued by FedEx Express for record
identification purposes.
ITN – Internal Transaction Number transmitted by AES back to FedEx acknowledging
acceptance of the submission.
FedEx Export AgentFile
®
Terms and Conditions
Section 1. EEI Preparation and Filing.
a) In accordance with the FedEx Export AgentFile form, the FedEx customer
(“Customer”), as the U.S. Principal Party in Interest (USPPI), authorizes
FedExCorporation (“FedEx”) to prepare and file the EEI with the U.S.
Government’s Automated Export System (AES), as required by applicable U.S.
laws and regulations. Such preparation and filing shall be based solely on
information that the customer provides, with the exception of the following data
elements which shall be provided by FedEx: port of export; date of export; foreign
port of unlading; conveyance name code; carrier identification code; and mode of
transportation code (collectively referred to as the “Carrier Data Elements”).
b) FedEx will act as an authorized agent for EEI filing only when shipments contain
commodities that require electronic filing of the EEI, as per applicable U.S. laws
and regulations, except when: the USPPI is foreign and a U.S. agent or forwarder
has been designated to export the shipment out of the U.S. (a “routed export
transaction”); the USPPI is a freight forwarder or the shipment is tendered to
FedEx from a freight forwarder; the EEI filing would require the Intermodal Form
(Commerce Form 7525-V-Alternate); the EEI filing would require the In-Transit
Goods Form (Commerce Form 7513), or the USPPI or recipient is listed on any of
the U.S. Government’s Restricted Party Lists.
c) Customer certifies that all statements and information provided to FedEx for
EEI filing will be true and correct. Customer acknowledges and warrants that
if Customer is not the USPPI, Customer is authorized by the USPPI to appoint
FedEx as a sub-agent to file the USPPI’s EEI to AES. Furthermore, Customer
acknowledges that civil and criminal penalties, including forfeiture and sale, may
be imposed for making false and fraudulent statements or for the violation of any
U.S. law on exportation, including, but not limited to: 13 U.S.C. § 305, 22 U.S.C.
§ 401, 18 U.S.C. § 1001, 19 U.S.C. § 1592(f), and 50 U.S.C. App. § 2410. Customer
acknowledges and agrees that he/she is solely responsible for the accuracy of
all data provided to FedEx for preparation of the EEI, including, but not limited
to: the FedEx Export AgentFile, and all applicable data thereto; the identification
of commodity types that require EEI filing; Schedule B or HTS commodity
numbers; and license information. Customer agrees to immediately notify
FedEx of any changes, omissions, or deletions that need to be made to the EEI
record, including if the shipment for which the EEI was filed will not be exported.
FedEx reserves the right to reject Customer’s request if it does not contain the
information necessary for EEI filing purposes. To the extent that a conflict exists
between the FedEx Export AgentFile form and these Terms and Conditions, the
Terms and Conditions control.
d) FedEx will provide Customer the appropriate EEI AES Proof of Filing (POF)
Citation legend for use on shipping documents used subsequent to the EEI
filing. Customer agrees that the Internal Transaction Number (ITN) provided by
AES is the appropriate EEI legend for shipments for which FedEx files EEIs as
an authorized agent. Customer agrees to enter the ITN as the AES POF Citation
legend on the appropriate shipping documents, including the FedEx International
Air Waybill or FedEx Express shipping label, prior to tendering a shipment
to FedEx Express. Customer acknowledges that failure to provide the ITN on
the appropriate shipping documents could result in a delay of the respective
export shipment and could also subject Customer and the export shipment to
enforcement action by U.S. government agencies.
e) Customer agrees that, except as otherwise provided herein, the conditions
of these Terms and Conditions remain subject to the applicable Terms and
Conditions set forth in the FedEx Service Guide that is in effect at the time of the
shipment and to the Terms and Conditions of the FedEx International Air Waybill.
Section 2. Taxes.
Any fees for EEI agent filing by FedEx shall include the amount of any sales tax,
excise, or other similar tax applicable to EEI agent filing.
Section 3. Retention of Records & Reporting.
Customer acknowledges and agrees that FedEx shall not provide any reports or
analysis of EEIs other than what is required by applicable U.S. laws and regulations.
FedEx will meet its obligations for recordkeeping to the extent required by
applicable U.S. laws and regulations. Under no circumstances will FedEx be liable
for Customer’s export recordkeeping or Customer’s export recordkeeping violations.
Section 4. Independent Contractor Relationship.
Customer and FedEx intend that an independent contractor relationship will be
created by these Terms and Conditions. Customer is interested only in the results of
the EEI filing and shall not exercise any control over the conduct or supervision of
the EEI process. FedEx shall have full responsibility for the payment of all federal,
state, and local taxes and contributions, including penalties and interest, imposed
pursuant to unemployment insurance, Social Security, income tax, workers’
compensation, or any similar statute.
Section 5. Disclosure of Information.
Customer and FedEx acknowledge that certain of the other party’s valuable,
confidential, and proprietary information may come into their possession.
Accordingly, each party agrees that all such information furnished to one party by
the other shall remain the exclusive property of the disclosing party, and agrees
to hold all information it obtains from or about that party in strictest confidence,
not to use such information other than for the performance of the Agreement,
and to cause any of its employees or subcontractors to whom such information
is transmitted to be bound to the same obligation of confidentiality to which it is
bound. Neither party shall communicate the other’s information in any form to
any third party without the other party’s prior written consent. In the event of any
violation of this provision, the disclosing party shall be entitled to preliminary
and permanent injunctive relief, as well as an equitable accounting of all profits
or benefits arising out of such violation, which remedy shall be in addition to any
other rights or remedies to which that party may be entitled. Notwithstanding any
provision to the contrary, the parties hereby agree that FedEx may disseminate
Customer’s confidential information to any wholly owned subsidiary, affiliate, or
parent corporation.
Section 6. No Warranties.
Except as expressly set forth herein, or required by U.S. law, EEI agent filing is
provided to and accepted by Customer without any warranty whatsoever, including,
but not limited to, any warranty as to results, fitness for a particular purpose, or
otherwise.
Section 7. Standard of Performance.
EEI agent filing shall be performed by FedEx in a good, workmanlike manner in
accordance with the standards of the profession and such other accepted standards
as may be applicable to work of this kind.
Section 8. Indemnification.
Customer agrees to indemnify, hold harmless, and defend FedEx, its officers,
directors, employees, and agents from and against any and all claims, expenses,
fines, judgments, damages, or awards (including, without limitation, U.S. or foreign
export compliance fines or penalties, customs fines or penalties, and reasonable
attorney fees) arising out of or related to the preparation and filing of the EEI,
except for claims arising solely from the gross negligence or willful misconduct of
FedEx. Customer further agrees to hold FedEx, its officers, directors, employees,
and agents harmless from and against all claims, damages, liabilities, actions,
losses, costs, and expenses of any nature whatsoever in any manner arising out
of Customer providing to FedEx incomplete, inaccurate, or false information or
documents. For shipments requiring a U.S. Department of State or Department
of Commerce export license, Customer agrees that he/she remains liable for and
will hold FedEx, its officers, directors, employees, and agents harmless from and
against all claims, damages, liabilities, actions, losses, costs, and expenses of any
nature whatsoever in any manner arising out of Grantor’s failure to comply with
U.S. law applicable to the exportation of such shipments.
Section 9. Miscellaneous.
a) Assignment.
These Terms and Conditions shall inure to the benefit of and be binding upon
Customer and FedEx and their respective successors, but neither the rights nor
the duties of either party under these Terms and Conditions may be voluntarily
assigned or delegated without prior written consent of the other party, except
FedEx may assign part of its rights and delegate its duties hereunder to affiliated
FedEx companies wholly owned by its parent company, FedEx Corporation.
b) Applicable Law.
These Terms and Conditions shall be governed by and interpreted in accordance
with the laws of Tennessee, and Customer agrees to submit to the jurisdiction of
any appropriate court within Tennessee for adjudication of disputes arising from
these Terms and Conditions.
c) Severability.
If any provision of these Terms and Conditions is held to be invalid, illegal, or
unenforceable, the validity, legality, and enforceability of the remaining provisions
shall in no way be affected or impaired.
d) Waiver.
The failure of either party at any time to require performance by the other
of any provision of these Terms and Conditions shall in no way affect that party’s
right to enforce such provision, nor shall the waiver of any further breach of
any provision be taken or held to be a waiver of any further breach of the same
provision or any other provision.
e) Survival.
The provisions of these Terms and Conditions, which by their nature
extend beyond the expiration of earlier termination of these Terms and
Conditions, will survive and remain in effect until all obligations are satisfied.
Specifically, the obligations concerning indemnification and disclosure of
information shall survive.
For use FedEx Express
®
packages and freight
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