1. In tendering this shipment for carriage, the shipper agrees to these TERMS AND CONDITIONS OF CONTRACT which no agent or employee of the parties may after and this Carrier airbill is NON NEGOTIABLE and has been prepared by the shipper or on his behalf by this Carrier and its authorized agents.
2. The shipper agrees that carriage is subject to the rates, terms and conditions of contract stated herein and those terms and conditions which are also stated in the most recent Carrier Tariff which is available for inspection at the Carrier main office and are incorporated into this contract by reference.
3. In tendering this shipment for carriage. THE SHIPPER WARRANTS that the shipment is packaged adequately to protect the enclosed goods and to ensure safe transportation and that each package is appropriately labeled and is in good order (except as noted) for carriage as specified. Carrier will not be mis-delivery and/or non-delivery of any package which is not properly labeled by the shipper showing the exact delivery address of the consignee. Shipper also declares that the commodity description accurate and exact.
4. The amount of any COD shipment must be inserted in the COD portion of the Carrier airbill. Carrier will, under no circumstances, be responsible for the form of payment by consignee unless specified otherwise in writing by the shipper. Carrier will not be liable for any fraudulent or certification of checks. A COD fee will be assessed for all COD shipments.
5. All invoices due and payable within fifteen (15) days from date of tender. The shipper and consignee shall be liable jointly and severally for all unpaid charges. In the event of failure of the liable parties to pay Carrier within fifteen (15) days, the liable parties shall pay to Carrier interest at the rate of eighteen percent (18%) per annum on outstanding balances from the date payment is due until received. If collection of an amount due Carrier is referred to an attorney or collection agency for collection, the liable parties shall pay all court costs and attorneys or other fees incurred by Carrier for such suit or collection.
6. In consideration of Carrier’s rate for transportation, which is in part dependent upon the declared value of the shipment, carrier’s liability of any kind whatsoever shall be limited: FOR SHIPMENTS WITHOUT A VALUE DECLARED shall be covered for an amount of 50 cents per pound for each pound lost or damaged, with a minimum of $50.00 per shipment. FOR SHIPMENTS WITH A DECLARED VALUE, in case of loss of damage of the entire shipment, or in the event of loss or damage of part of the shipment the average declared value per pound of the shipment multiplied by the number of pounds of the part of the shipment lost or damaged.
7. The liability of the Carrier is limited to 50 cents a pound with a minimum of $50.00 per shipment unless a higher value is declared for carriage. Shipper may declare a higher value on the shipment, in which case an additional excess value charge will apply as set forth in the Carrier’s rate tariff on the date of shipment.
8. The Carrier is not liable for loss, damage, delay, mis-delivery or non-delivery not caused by its own negligence or any loss, damage, delay, mis-delivery or non-delivery caused by the act, default or omission of shipper, consignee or any other party who claims interest in the shipment, the nature of the shipment or any other party who claims interest in the shipment, the nature of the shipment or any defect characteristic or inherent vice thereof. Violation by the shipper or consignee of any of the conditions of contract contained in this airbill or in the Carrier Rules / Rate Tariff, including but not limited to, improper or insufficient packing, securing, marking or addressing, or failure to observe any of the rules relating to shipments not acceptable for transportation, or shipments acceptable only under certain conditions, acts of God, perils of the air, public enemies, public authorities acting with the actual or apparent authority of law, acts of omissions of customs of quarantine officials, riots, strikes or other local disputes, civil commotions, hazards incident to state of war, weather conditions or mechanical delay or aircraft of aircraft loading equipment or acts of omissions or any person other than Carrier including compliance with the loss of articles loaded and sealed in packages by the shipper provided the seal is unbroken at the time of delivery and the package retains its basic integrity. Carrier shall not be liable in any event for any special, incidental or consequential damages, including but not limited to loss of profits or income whether or not Carrier had knowledge that such damages might be incurred.
9. All shipments are subject to inspection by Carrier, including but not limited to opening the shipment. Carrier is not however obligated to perform such inspection of goods.
10. Transportation of shipments are subject to availability of equipment and space thereon. Carrier shall have the right to substitute alternate means of transportation and select the routing or deviate from a routing shown on this airbill. Charges for transportation will be based on the applicable tariff rate for the type of service requested by the shipper as specified in the Carrier’s Rate Tariff on the date of shipment, however, Carrier will transport shipment within the terms as specified on the airbill by shipper subject to, but not limited to, normal delays in transportation such as backlogs, weather conditions, and the like, Carrier does not guarantee commencement or completion of shipment within a specified term.
11. CLAIMS NON-DELIVERY: Written notice of loss due to non-delivery must be reported within 180 days after acceptance of the shipment for carriage. APPARENT DAMAGE: Written notice of loss due to apparent damage, shortage or delay must be reported in writing within 15 days after delivery of the shipment and claims for such loss/damage must be made within 180 days from date of tender of shipment. CONCEALED DAMAGE: Written notice of loss due to concealed damage after clear receipt of goods has been given, must be reported in writing within 7 days after date of delivery, with privilege of Carrier to inspect the shipping container and its contents within 15 days from date of such notification is received by Carrier. Goods must be retained in original container until inspection has been completed. Claims for concealed damage must be made within 180 days from date of tender. No claims will be entertained until all transportation charges have been paid in full. The amount of claim may not be deducted from the transportation charges. Carrier shall not be liable unless an action is brought within 165 days after the date written notice is given to the claimant that Carrier has disallowed the claim in whole or in part.
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