TERMS AND CONDITIONS OF CONTRACT
1. Non-negotiable Document - In tendering
the shipment described herein for carriage, shipper agrees to all
conditions of contract,
and that this airbill is non-negotiable and
has been prepared by him or on his behalf, which no agent or employee
of the parties may alter.
2. Carrier Tariffs - It is mutually agreed that the shipment described
herein, accepted on the date hereof in apparent good order (except
as noted) for carriage as specified
herein is subject to governing tariffs issued by Trans-Expedite®
Inc. (”Carrier / Trans-Expedite®”) and are incorporated
into and made part of this contract.
3. Insurance - Trans-Expedite® will not insure the goods unless
specific written instructions from Shipper providing the full value
amount of insurance have been received by
Trans-Expedite® in sufficient time prior to shipment from point
of origin. Trans-Expedite® does not undertake or warrant that such
insurance can or will be placed. Unless Shipper
instructs Trans-Expedite® to effect insurance under Shipper's own
open marine policy, insurance is to be effected with one or more
insurance companies or other underwriters to
be selected by Trans-Expedite®. Insurance does not cover theft of
finished electronic goods, unless otherwise agreed to in writing
by both parties. Any insurance placed shall
be governed by the certificate or policy issued and will only be
effective when accepted by such insurance companies and underwriters.
Insurance cover provided by Trans-
Expedite will be assessed to Shipper. Insured value is not to exceed
the actual value of the goods. In the event Shipper does not elect
to insure all or part of a shipment Trans-
Expedite's liability for any losses, damages or delays shall be
limited in accordance with paragraph 4.
4. Limitation of Liability Per Shipment - In connection with this
shipment, Shipper agrees that Trans-Expedite® shall in no event
be liable for any loss, damage, expense or
delay to the goods for any reason, including as a result of the
gross negligence or other fault of Trans-Expedite®, for any amount
in excess of $.50 per pound for the lost,
damaged, or delayed portion of the shipment. Claims for which Trans-Expedite®
is liable under the terms of this document that are less than $50.00
will not be entertained or
paid. As to any shipments under this agreement, Shipper has the
option in Paragraph 3 above of paying special compensation to increase
the liability for the shipment in
excess of the limit of liability in case of any loss, damage, expense
or delay, but such option can be exercised only by responding YES
on the front side hereof to the question
"
Insurance Requested:" and declaring full value prior to the
shipment which shall indicate the limit of liability and the additional
compensation for the added liability to be
assumed. Shipper acknowledges and agrees that truckers, carriers,
warehouseman, and others to whom the goods are entrusted usually
limit their liability for loss or damage
unless insurance is purchased and the full value is declared. Trans-Expedite®
shall not in any circumstances be liable for consequential or indirect
damages, including without
limitation, damages arising from loss of profit.
5. Claims - As a condition precedent to recovery, claims must be
submitted in writing. (A) Claims for loss/damage must be made within
90 days of the shipping date.
Notification of concealed damage must be made to Trans-Expedite®
within 24 hours of receipt of delivery. Original shipping carton
and contents must be retained by consignee
for inspection. Claims for overcharges must be presented to Trans-Expedite®
within 90 days of shipping date. (B) No suit to recover for any
claim or demand made under (A) of
this Paragraph shall be maintained against Trans-Expedite® unless
instituted within one year after presentation of the claim, as
above provided. No agent or employee of Trans-
Expedite shall have the authority to alter or waive the provisions
of this paragraph. (C) Receipt by the consignee of the shipment
without written notification of damage on the
delivery receipt shall be prima facie evidence that the shipment
has been delivered in good order. (D) No claim will be entertained
until all transportation charges have been
paid. Claims may not be deducted from transportation charges or
any other charges due to Trans-Expedite®. (E) Payment of claim shall
be subject to proof of actual damages.
6. C.O.D. Shipments - Shipper must enter the amount of any shipper’s
C.O.D. which shall be collected, subject to the fees and rules
of the delivering carrier.
7. Applicable Routing - Carrier’s routing applies, unless
specific written instruction is provided by the shipper and agreed
to by Carrier.
8. Delivery - Delivery will be made by the delivering carrier to
the consignee at a point where delivery service is available at
applicable tariff charges, unless specific written
instruction is provided by the shipper.
9. Charges - Shipment is subject to charges for actual or dimensional
weight in accordance with the carrier’s rules.
10. Use of Other Carriers - Shipment may be diverted to motor or
other carrier, unless specific written instruction is provided
by the shipper and agreed to by Carrier.
11. Packing and Marking Requirements - The shipper is responsible
for preparing marking, packing, and labeling his shipment as to
ensure safe transportation with ordinary
care and handling.
12. Inspection of Shipments - All shipments are subject to inspection
by the carrier, but the carrier shall not be obligated to perform
such inspections.
13. Exclusions - The carrier shall not be liable for loss, damage,
delay or other result caused by (A) Acts of God, perils of the
air, public enemies, public authorities acting with
actual or apparent authority in the premises, authority of law,
quarantine, riots, strikes, civil commotions, or hazards or danger
incident to a state of war or undeclared war; (B)
The Act of Default of the shipper or consignee (C) The Nature of
the shipment or any defect, characteristic or inherent vice thereof;
(D) Violation by the shipper or consignee of
any of the rules contained in applicable tariffs, including but
not confined to, improper/ insufficient packing, securing, marking,
or addressing, and failure to observe any of the
rules relating to shipments not acceptable for transportation or
shipments acceptable only under certain conditions, or (E) compliance
with delivery instructions from the shipper
or consignee or noncompliance with special instructions from the
shipper or consignee not authorized by applicable tariffs.
14. Payment of Invoice - If payment is not received within 30 days
of invoice date, a finance charge of 1.5% per month will be assessed.
15. Indemnity - The shipper and consignee shall be liable, jointly
and severally, to pay or Indemnify the carriers for all claims,
fines, penalties, damages, costs, or other default
of the shipper or such other parties with respect to a shipment.
16. All Parties (Shipper, Consignee, or Third Party Bill to Party)
are equally responsible for the full payment in the event the designated
payee fails to pay the bill. In event of
default, suit for collection may be brought by Trans-Expedite®.
In the event that any provision of these terms and conditions is
found to be invalid or unenforceable, the other
provisions shall not be affected and shall remain in full force
and effect.
17. Trans-Expedite® shall have a general lien on any and all property
of the shipper, consignee, or bill to party, in its possession,
custody, or control, or en route, for all claims for
charges, expenses , or advances incurred by Trans-Expedite® Inc.
in connection with any shipments of the shipper, consignee, or
bill to party in its possession, custody or
control, or en route for all claims for charges, expenses, or advances
owed by the bill party or incurred by Trans-Expedite® in connection
with any shipments of the shipper,
consignee, or bill to party and if such claim remains unsatisfied
for thirty (30) days after demand for its payment is made, Trans-Expedite®
Inc, may sell upon ten (10) days
written notice, registered mail (R.R.R.) to the customer, the goods,
wares, and/or merchandise, or so much thereof as may be necessary
to satisfy such lien.
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