Terms of Service

Terms of Service — San Diego Customs Broker

Effective Date: March 17, 2026 Website: https://sandiegocustomsbrokers.com/ Business Name: San Diego Customs Broker Location: 1539 Santa Sierra Dr, Chula Vista, CA 91913, United States.

1. Agreement to Terms

By accessing or using the website at https://sandiegocustomsbrokers.com/ or by engaging San Diego Customs Broker for any customs brokerage or related services, you agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you (“Client,” “you,” or “your”) and San Diego Customs Broker (“we,” “our,” or “us”).

If you do not agree to these Terms, you must discontinue use of our website and services immediately. We reserve the right to update these Terms at any time. Continued use of our website or services after any changes constitutes your acceptance of the revised Terms.

2. Description of Services

San Diego Customs Broker is a federally licensed customs brokerage firm operating under a license issued by U.S. Customs and Border Protection (CBP). Our services include, but are not limited to:

  • Import customs clearance
  • Export customs clearance
  • Importer Security Filing (ISF / 10+2)
  • Automated Manifest System (AMS) filings
  • Freight forwarding coordination
  • Customs bond procurement
  • Duty drawback filing
  • USMCA / free trade agreement preference claims
  • FDA and USDA entry coordination
  • Customs compliance consulting and audits
  • HTS classification review
  • Tariff and duty calculation

The scope of services provided to any individual client will be defined in a separate service agreement, power of attorney, or written quotation accepted by the client.

3. Power of Attorney

To act as your customs broker before U.S. Customs and Border Protection and other government agencies, we are required by law to obtain a valid Customs Power of Attorney (POA) from you. By granting us a POA, you authorize San Diego Customs Broker to:

  • Transact customs business on your behalf
  • Sign and file entry documents, bonds, and declarations
  • Pay duties, taxes, and fees on your behalf using funds you provide
  • Receive, endorse, and collect any refunds, drawbacks, or other payments owed to you
  • Communicate with CBP, FDA, USDA, and other relevant agencies regarding your shipments

The POA remains in effect until revoked in writing. You may revoke the POA at any time by providing written notice, provided that all outstanding transactions, invoices, and obligations have been settled in full.

4. Client Responsibilities

You agree to provide us with accurate, complete, and timely information necessary for us to perform our services. Specifically, you are responsible for:

  • Accurate documentation — Providing correct commercial invoices, packing lists, bills of lading, certificates of origin, and all other required shipping documents
  • Truthful declarations — Ensuring that all information provided to us for submission to CBP and other agencies is truthful and accurate to the best of your knowledge
  • Timely delivery of documents — Providing all required documents with sufficient lead time to meet CBP filing deadlines, including ISF requirements (minimum 24 hours before vessel loading)
  • Correct valuation — Accurately declaring the true transaction value of all imported or exported goods in accordance with applicable customs laws
  • Licensing and permits — Obtaining any required import or export licenses, permits, or certifications prior to shipment
  • Duty and fee payment — Providing sufficient funds to cover all applicable duties, taxes, fees, and our brokerage charges prior to or upon entry filing
  • Compliance with trade laws — Ensuring your goods comply with all applicable U.S. import and export laws, including but not limited to CBP regulations, Export Administration Regulations (EAR), OFAC sanctions, and agency-specific requirements

You acknowledge that San Diego Customs Broker acts as your agent and relies entirely on the accuracy of the information you provide. We are not responsible for errors, delays, penalties, or losses arising from inaccurate, incomplete, or untimely information supplied by you or your freight partners.

5. Fees, Payment, and Invoicing

a) Brokerage Fees

Our fees will be quoted to you in advance and confirmed in writing. Fees may include brokerage service charges, disbursements (duties, taxes, port fees, government fees paid on your behalf), and any applicable third-party charges.

b) Payment Terms

Unless otherwise agreed in writing, payment is due upon receipt of invoice. We reserve the right to require prepayment of estimated duties and fees before filing any entry on your behalf.

c) Late Payment

Invoices not paid within 30 days of the invoice date are subject to a late fee of 1.5% per month (18% per annum) on the outstanding balance, or the maximum rate permitted by applicable law, whichever is less.

d) Disputed Invoices

If you dispute any charge on an invoice, you must notify us in writing within 10 business days of the invoice date. Undisputed amounts remain due and payable by the original due date.

e) Collection Costs

If we are required to pursue collection of unpaid amounts, you agree to reimburse us for all reasonable costs of collection, including attorney’s fees and court costs.

f) Duties and Taxes

All duties, taxes, and government fees are paid on your behalf as a disbursement. You are solely responsible for the accuracy of declared values and classifications. Any additional duties assessed by CBP due to inaccurate declarations are your sole responsibility.

6. Customs Bonds

If a customs bond is required for your transaction, we will arrange a bond on your behalf through a licensed surety company. You understand and agree that:

  • You are the principal on any customs bond arranged on your behalf
  • You are liable to the surety and to CBP for any bond claims arising from your transactions
  • Bond premiums are non-refundable once the bond is issued
  • We are not liable for any bond claims, penalties, or liquidated damages assessed by CBP against you

7. Accuracy of Classification and Valuation

While we exercise professional care in classifying goods under the Harmonized Tariff Schedule (HTS) and advising on declared values, all final classification and valuation decisions are made in reliance on the information you provide. You acknowledge that:

  • HTS classification opinions are professional judgments and not legal guarantees
  • CBP retains the right to reclassify entries and assess additional duties
  • You are ultimately responsible for the accuracy of all customs declarations filed on your behalf
  • We will not be held liable for additional duties, penalties, or interest assessed by CBP as a result of reclassification, unless caused by our own gross negligence

8. Delays and Force Majeure

We are not responsible for delays in customs clearance caused by:

  • CBP examinations, holds, detentions, or seizures
  • FDA, USDA, or other agency review or detention
  • Incomplete, inaccurate, or untimely documentation provided by you
  • Carrier delays, port congestion, or infrastructure disruptions
  • Natural disasters, pandemics, labor strikes, or other events beyond our reasonable control
  • Changes in government regulations, trade policy, or tariff rates
  • System outages at CBP’s Automated Commercial Environment (ACE) or other government platforms

We will make every reasonable effort to communicate delays promptly and work to resolve them as quickly as possible.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Our total liability to you for any claim arising out of or related to our services shall not exceed the total brokerage fees paid by you to us in the three (3) months preceding the event giving rise to the claim
  • We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, or business interruption, even if we have been advised of the possibility of such damages
  • We are not liable for losses arising from inaccurate information provided by you, carrier errors, government actions, or circumstances beyond our control

Nothing in these Terms limits liability for gross negligence, willful misconduct, or fraud on our part.

10. Indemnification

You agree to indemnify, defend, and hold harmless San Diego Customs Broker, its officers, employees, agents, and contractors from and against any claims, liabilities, damages, penalties, fines, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:

  • Your breach of these Terms
  • Inaccurate, incomplete, or fraudulent information you provided to us
  • Your violation of any applicable customs, import, export, or trade law
  • Any CBP penalty, liquidated damages, or bond claim arising from your transactions
  • Any third-party claim related to goods you imported or exported

11. Confidentiality

We treat all client shipment information, business data, and trade details as confidential. We will not disclose your confidential information to third parties except as required to perform our services, as required by law, or with your written consent. This obligation does not apply to information that is publicly available, independently developed by us, or disclosed to us by a third party without restriction.

You agree to keep confidential any proprietary processes, pricing structures, or business methods disclosed to you by San Diego Customs Broker.

12. Record Keeping

In accordance with 19 CFR Part 111, we maintain records of all customs transactions for a minimum of five (5) years from the date of entry. You have the right to request copies of your transaction records. Upon termination of our relationship, we will provide you with copies of your records upon written request within a reasonable timeframe.

13. Termination of Services

Either party may terminate the service relationship at any time by providing written notice. Upon termination:

  • All outstanding invoices become immediately due and payable
  • Any pending transactions in progress will be completed unless you instruct otherwise and assume all costs of transfer
  • The Customs Power of Attorney will be considered revoked upon settlement of all outstanding obligations
  • We will provide copies of your transaction records upon request

We reserve the right to immediately suspend or terminate services if you provide fraudulent information, violate any applicable law, or fail to make payment after reasonable notice.

14. Website Use

By using our website, you agree that you will not:

  • Use the website for any unlawful purpose
  • Attempt to gain unauthorized access to any part of the website or its underlying systems
  • Introduce viruses, malware, or other harmful code
  • Scrape, harvest, or collect data from the website without our express written consent
  • Misrepresent your identity or affiliation in any communication with us through the website

We reserve the right to suspend or block access to the website for any user who violates these conditions.

15. Intellectual Property

All content on https://sandiegocustomsbrokers.com/, including text, graphics, logos, images, and page design, is the property of San Diego Customs Broker and is protected by applicable copyright and trademark laws. You may not reproduce, distribute, or create derivative works from any content on this website without our prior written permission.

16. Disclaimer of Warranties

Our website and the information contained on it are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components. Information on the website is provided for general informational purposes only and does not constitute legal, regulatory, or professional customs advice for your specific situation.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California and applicable federal law, without regard to conflict of law principles. Any dispute arising out of or related to these Terms or our services shall be resolved as follows:

  • Informal Resolution — The parties agree to first attempt to resolve any dispute informally by written notice and good-faith negotiation for a period of 30 days
  • Mediation — If informal resolution fails, the parties agree to submit the dispute to non-binding mediation in San Diego County, California
  • Jurisdiction — If mediation is unsuccessful, disputes shall be resolved in the state or federal courts located in San Diego County, California. You consent to personal jurisdiction in those courts

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions of these Terms will continue in full force and effect.

19. Entire Agreement

These Terms, together with any signed service agreement, power of attorney, and written quotation accepted by you, constitute the entire agreement between you and San Diego Customs Broker regarding your use of our website and services. They supersede all prior or contemporaneous agreements, representations, and understandings, whether written or oral, relating to the same subject matter.

20. Contact Us

If you have any questions about these Terms of Service, please contact us:

San Diego Customs Broker 1539 Santa Sierra Dr, Chula Vista, CA 91913, United States 📧 admin@sandiegocustomsbrokers.com 📞 (619) 555-0199 🌐 https://sandiegocustomsbrokers.com/

These Terms of Service were last updated on March 17, 2026.