Competence with tradition

With sites in New Jersey, Houston and Charleston Leschaco USA is perfectly positioned for the dynamic world of transport with its commodity flows growing day by day. When we set up our comprehensive logistical service offers, we not only recognize the continuously changing requirements of the customers but we implement them in individuals and effective service packages. As a competence centre for tank container operations in the Americas Houston has an attractive double function.

Besides a first-class expertise there is the precise knowledge of US-specific regulations. For example the “10+2“ initiative of the US customs agency (requirement of specific prior information concerning the loaded goods), the set up of L/C and all matters concerning customs clearance are all considered in time. As a member of the C-TPAT initiative (Customs Trade Partnership Against Terrorism) we provide the basis for a mostly smooth exchange of goods with the US.

It was Leschaco, Inc., that, when founded in 1978, offered as one of the first companies in the US Non Vessel Operating Common Carrier (NVOCC) tank container services and thus laid the cornerstone for Leschaco’s continuous and successful strategy of internationalization.


Additional Information


C-TPAT

1. General Information on C-TPAT

2. C-TPAT Benefits

3. Minimum Security Criteria and Guidelines

4. Information on High Security Seals

5. 7-Point Container Inspection Process

  1. Outside/ Undercarriage (before entering facility)
  2. Inside/ Outside doors
  3. Right Side
  4. Left Side
  5. Front Wall
  6. Ceiling/Roof
  7. Floor (Inside)

Procedures must be in place to verify the physical integrity of the container structure prior to stuffing, to include the reliability of the locking mechanisms of the doors.

A 7-point Container Inspection Process is recommended for all containers.

6. 17-Point Tractor & Trailer Inspection Process

  1. Bumper
  2. Engine
  3. Tires (truck & trailer)
  4. Floor
  5. Fuel Tanks
  6. Cab/Storage Compartments
  7. Air Tanks
  8. Drive Shafts
  9. Fifth Wheel
  10. Outside/Undercarriage
  11. Floor
  12. Inside/Outside Doors
  13. Side Walls
  14. Ceiling/Roof
  15. Front Wall
  16. Refrigerated Unit
  17. Exhaust

Procedures should be in place to verify the physical integrity of the trailer structure prior to stuffing, to include the reliability of the locking mechanisms of the doors.

Border crossing tractors & trailers should be inspected upon arrival at the domestic facility.

A 17-point Tractor & Trailer Inspection Process is recommended for all trucks and trailers arriving from foreign.

10+2 Importer Security Filing (ISF)

The Security Filing, commonly known as the “10+2” initiative, is a Customs and Border Protection (CBP) new regulation that requires importers and vessel operating carriers to provide additional advance trade data to Customs and Border Protection/Department of Homeland Security (CBP/DHS).

Leschaco, Inc. already has the IT solution to handle the EDI transmission as mandated by the U.S. Government agencies. For information regarding this service, please contact your local Leschaco representative. 

The rule requires importers to transmit 10 data elements to US Customs no later than 24 hours before cargo is loaded aboard a vessel destined for the USA. 

During the first year, CBP/DHS monitored all ISF submissions for timeliness, accuracy and completeness and worked with any non-complying ISF filer in order to help them adhere to the new requirements.

In order to provide the trade sufficient time to adjust to the new requirements and in consideration of the business process, changes that may be necessary to achieve full compliance, CBP/DHS will show restraint in enforcing the rule, taking into account difficulties that importers may face in complying with the rule, so long as:

  1. importers are making satisfactory progress toward compliance and
  2. are making a good faith effort to comply with the rule to the extent of their current ability.

Consequently ...
No liquidated damages assessed for not meeting the new requirements
No “do not load” (DNL) holds for compliance issues
Importer Requirements: Regular Cargo (Includes Free Trade Zone and In Transit shipment): requires the electronic filing of an Importer Security Filing (ISF) comprised of the following 10 data elements:

  1. Importer of Record number
  2. Consignee number
  3. Seller (Owner) name/address
  4. Buyer (Owner) name/address
  5. Ship to Party name/address
  6. Manufacturer (Supplier) name/address
  7. Country of Origin
  8. Commodity HTS-6
  9. Container Stuffing location
  10. Consolidator name/address 

Carrier Requirements:

  1. Vessel Stowage Plans required for arriving vessels with containers
  2. Container Status Messages required for containers arriving  via vessel

The party required to submit the Importer Security Filing (ISF) is the party causing the goods to enter the limits of a port in the United States. This party is known as the “ISF Importer”. 
The ISF Importer, as a business decision, may designate an authorized agent to file the Importer Security Filing on the ISF Importer’s behalf.

If an Agent is used for ISF purposes, a power of attorney (POA) is required. Furthermore, the Agent must have access to the approved systems such as vessel Automated Manifest System (AMS) or Automated Broker Interface (ABI). 
An importer may be a self-filer or they can choose to use an agent.
All ISF filings are to be done electronically via vessel Automated Manifest System (AMS) or the Automated Broker Interface (ABI). There will be no paper forms allowed.

The party who filed the Importer Security Filing must update the Importer Security Filing if, after the filing and before the goods arrive within the limits of a port in the United States, there are changes to the information filed or more accurate information becomes available. 

ISF filings will be secured by a bond. Generally, continuous bonds will be accepted for ISF filings. 
After the informed compliance period officially ends, the ISF Importer is bound to provide a complete, accurate and timely filing or risk liquidated damages in the amount of $5,000.

If filing is not done, Carrier (shipping lines) will receive the following massage: No “do not load” (DNL) holds for compliance issues. 

More information can be obtained by visiting: www.cbp.gov

  


LESCHACO, INC. – TERMS AND CONDITIONS OF SERVICE

(Please read carefully. Please click header to display corresponding section)

Download document as PDF file

These terms and conditions of service constitute a legally binding contract between the "Company" and the "Customer". In the event the Company renders services and issues a document containing Terms and Conditions governing such services, the Terms and Conditions set forth in such other document(s) shall govern those services.

1. Definitions

(a)"Company" shall mean Leschaco, Inc., its subsidiaries, related companies, agents and/or representatives; (b)"Customer" shall mean the person for which the Company is rendering service, as well as its principals, agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper's agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and copy(s) of these terms and conditions of service to all such agents or representatives; (c) "Documentation" shall mean all information received directly or indirectly from Customer, whether in paper or electronic form; (d)"Ocean Transportation Intermediaries" ("OTI") shall include an "ocean freight forwarder" and a "non-vessel operating carrier";(e)"Third parties" shall include, but not be limited to, the following: "carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise".

To top

2. Company as agent

The Company acts as the "agent" of the Customer for the purpose of performing duties in connection with the entry and release of goods, post entry services, the securing of export licenses, the filing of export and security documentation on behalf of the Customer and other dealings with Government Agencies, or for arranging for transportation services or other logistics services in any capacity other than as a carrier.

To top

3. Limitation of Actions

(a)Unless subject to a specific statute or international convention, all claims against the Company for a potential or actual loss, must be made in writing and received by the Company, within 90 days of the event giving rise to claim; the failure to give the Company timely notice shall be a complete defense to any suit or action commenced by Customer.(b)All suits against Company must be filed and properly served on Company as follows:

(i) 

For claims arising out of ocean transportation, within 1 year from the date of the loss;

 

(ii) 

For claims arising out of air transportation, within 1 year from the date of the loss;

 

(iii) 

For claims arising out of the preparation and/or submission of an import entry(s), within 75 days from the date of liquidation of the entry(s);

 

(iv) 

For any and all other claims of any other type, within 1 year from the date of the loss or damage.

 

To top

4. No Liability For The Selection or Services of Third Parties and/or Routes

Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does Company assume responsibility or liability for any actions(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company.

To top

5. Quotations Not Binding

Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer.

To top

6. Reliance On Information Furnished

(a)Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with U.S. Customs & Border Protection, other Government Agency and/or third parties, and will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any declaration or other submission filed on Customers behalf; (b)In preparing and submitting customs entries, export declarations, applications, security filings, documentation and/or other required data, the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall use reasonable care to ensure the correctness of all such information and shall indemnify and hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer's failure to disclose information or any incorrect, incomplete or false statement by the Customer or its agent, representative or contractor upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to import, export or enter the goods.

To top

7. Declaring Higher Value To Third Parties

Third parties to whom the goods are entrusted may limit liability for loss or damage; the Company will request excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any charges therefore; in the absence of written instructions or the refusal of the third party to agree to a higher declared value, at Company's discretion, the goods may be tendered to the third party, subject to the terms of the third party's limitations of liability and/or terms and conditions of service.

To top

8. Insurance

Unless requested to do so in writing and confirmed to Customer in writing, Company is under no obligation to procure insurance on Customer's behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance.

To top

9. Disclaimers; Limitation of Liability

a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services; (b) In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefor, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s).(c) In the absence of additional coverage under (b) above, the Company's liability shall be limited to the following:

(i)

where the claim arises from activities other than those relating to customs business, $50 per shipment or transaction, or

 

(ii) 

where the claim arises from activities relating to "Customs business," $ 50 per entry or the amount of brokerage fees paid to Company for the entry, whichever is less;

 

(d) In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory or punitive damages, even if it has been put on notice of the possibility of such damages, or for the acts of third parties.

To top

10. Advancing Money

All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company.

To top

11. Indemnification/Hold Harmless

The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability, fines, penalties and/or attorneys' fees arising from the importation or exportation of customers merchandise and/or any conduct of the Customer, including but not limited to the inaccuracy of entry, export or security data supplied by Customer or its agent or representative, 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, penalties, fines 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 Customer by mail at its address on file with the Company.

To top

12. C.O.D. or Cash Collect Shipments

Company shall use reasonable care regarding written instructions relating to "Cash/Collect on Deliver (C.O.D.)" shipments, bank drafts, cashier's and/or certified checks, letter(s) of credit and other similar payment documents and/or instructions regarding collection of monies but shall not have liability if the bank or consignee refuses to pay for the shipment.

To top

13. Costs of Collection

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 1.5% per month or the highest rate allowed by law, whichever is less unless a lower amount is agreed to by Company.

To top

14. General Lien and Right To Sell Customer's Property

(a)Company shall have a general and continuing lien on any and all property of Customer coming into Company's actual or constructive possession or control for monies owed to Company with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both; (b)Company shall provide written notice to Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage or other charges; Customer shall notify all parties having an interest in its shipment(s) of Company's rights and/or the exercise of such lien. (c)Unless, within thirty days of receiving notice of lien, Customer posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favor of Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, Company shall have the right to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer.

To top

15. No Duty To Maintain Records For Customer

Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 USC §1508 and 1509) it has the duty and is solely liable for maintaining all records required under the Customs and/ or other Laws and Regulations of the United States; unless otherwise agreed to in writing, 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 "record keeper" or "recordkeeping agent" for Customer.

To top

16. Obtaining Binding Rulings, Filing Protests, etc.

Unless requested by Customer in writing and agreed to by Company in writing, Company shall be under no obligation to undertake any pre- or post Customs release action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.

To top

17. Preparation and Issuance of Bills of Lading

Where Company prepares and/or issues a bill of lading, Company shall be under no obligation to specify thereon the number of pieces, packages and/or cartons, etc.; unless specifically requested to do so in writing by Customer or its agent and Customer agrees to pay for same, Company shall rely upon and use the cargo weight supplied by Customer.

To top

18. No Modification or Amendment Unless Written

These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.

To top

19. Compensation of Company

The compensation of the Company for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by the Company from carriers, insurers and others in connection with the shipment. On ocean exports, upon request, the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. In any referral for collection or action against the Customer for monies due the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.

To top

20. Force Majeure

Company shall not be liable for losses, damages, delays, wrongful or missed deliveries or nonperformance, in whole or in part, of its responsibilities under the Agreement, resulting from circumstances beyond the control of either Company or its sub -contractors, including but not limited to: (i) acts of God, including flood, earthquake, storm, hurricane, power failure or other natural disaster; (ii) war, hijacking, robbery, theft or terrorist activities; (iii) incidents or deteriorations to means of transportation, (iv) embargoes, (v) civil commotions or riots, (vi) defects, nature or inherent vice of the goods; (vii) acts, breaches of contract or omissions by Customer, Shipper, Consignee or anyone else who may have an interest in the shipment, (viii) acts by any government or any agency or subdivision thereof, including denial or cancellation of any import/export or other necessary license; or (ix) strikes, lockouts or other labor conflicts.

To top

21. Severability

In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in Full force and effect. Company's decision to waive any provision herein, either by conduct or otherwise, shall not be deemed to be a further or continuing waiver of such provision or to otherwise waive or invalidate any other provision here in.

To top

22. Governing Law; Consent to Jurisdiction and Venue

These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the State of Texas without giving consideration to principles of conflict of law. Customer and Company

(a) 

irrevocably consent to the jurisdiction of the United States District Court and the State courts of Texas ;

 

(b) 

agree that any action relating to the services performed by Company, shall only be brought in said courts;

 

(c) 

consent to the exercise of in personal jurisdiction by said courts over it, and

 

(d) 

further agree that any action to enforce a judgment may be instituted in any jurisdiction.

 

©Approved by the National Customs Brokers and Forwarders Association of America, Inc. (Revised 02/13)

To top


Facts and Figures

Founded: 1978
Offices: 3
Employees (2014): 61


Certifications:

C-TPAT
Hazmat
IAC (Indirect Air Carrier)
IATA  
ISO 9001 | ISO 14001
EcoVadis

Licenses:

CHB
FMC
NVOCC

Memberships:

DGAC (Dangerous Goods Advisory Council)
NCBFAA (National Customs Brokers & Forwarders Association of America, Inc.)
German-American Chamber of Commerce 


Contact

Leschaco INC.
Headquarters
Mark C. Malambri
President & CEO

15355 Vantage Pkwy W.
Suite 195
Houston, TX 77032

phone 

(1) 281.442 1895

fax

(1) 281.590 5039

send e-mail


Jersey City Office

One Evertrust Plaza
Suite 304
Jersey City , NJ 07302

phone 

(1) 201.333 0200

fax

(1) 201.333 4550


Charleston Office

4925 LaCross Road
Suite 110
North Charleston,
SC 29406

phone 

(1) 843.308 0090

fax

(1) 843.308 0029