Terms and Conditions of Nonnegotiable Airbills
Definitions.
On this waybill, "Forwarder" refers to WCS Int’l Inc. DBA World Class Shipping and its respective employees, agents and independent contractors, and any subcontract carriers, including direct air carriers, indirect air carriers and motor carriers, utilized by Forwarder to assist with the transportation services. "Shipment" means all pieces which are tendered to and accepted by Forwarder on a single airbill. "Shipper" means the party from whom the shipment is received, the party who requested the shipment be transported by Forwarder, any party having an interest in the shipment, and any party who acts as an agent for any of the above.
Agreement to Terms.
In tendering this shipment, the shipper agrees to all terms of this non-negotiable airbill. It is agreed among the parties involved that the conditions of contract of carriage for this shipment are governed by Forwarder's tariffs, available for inspection at Forwarder's offices, and which are hereby incorporated into this contract, and a copy of which will be supplied upon request. Except to the extent of any written contract between shipper and Forwarder, this shipping document supersedes and negates any claimed, alleged or asserted oral or written contract, promise, representation or understanding between the parties with respect to this shipment. In the event that shipment is tendered to Forwarder on a straight bill of lading or any other shipping document, Forwarder's rules and regulations will supersede any rules and regulations contained on the shipping document on which the freight was tendered.
Completion of Airbill and Packaging.
The shipper certifies and represents to Forwarder that the information inserted on the face of this shipping document is complete and accurate. Shipper warrants that each package in this shipment is properly and completely described on this shipping document, is properly marked and addressed, is packaged adequately to protect the enclosed goods to insure safe transportation with ordinary care in handling, and except as noted, is in good order and condition. For articles shipped in unenclosed containers, Forwarder shall not be liable for damage/loss unless mishandling and/or loss is evident and is so noted on the delivery receipt at time of delivery. NOTE: A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling.
Right to Reject.
Forwarder reserves the right to reject any shipment for any reason whatsoever, including but not limited to, safety or security concerns.
Dangerous Goods.
All packages containing dangerous goods must be limited to the materials and quantities authorized for air transportation under the current edition of the International Air Transportation ("IATA") Dangerous Goods Regulations. Shipper must comply with these regulations regardless of the routing or the mode by which shipment is transported. Each shipment requiring a Shipper's Declaration of Dangerous Goods under the IATA Dangerous Goods Regulations must be accompanied by properly executed documents in conformance of the requirements of these regulations. All shipments containing dangerous goods must be properly classified, described, packaged, marked and labeled, and in proper condition for transportation according to IATA regulations.
Custody.
Forwarder's care, custody and control over the shipments shall commence when the shipment is safely received by Forwarder or its authorized agent, and shall terminate when delivered to the consignee, owner or any other party entitled to receive the shipment or to such other destination as shipper may designate. Forwarder's authorized agents and subcontractors shall have the benefit of all terms set forth in this airbill.
Liabilities Not Assumed.
FORWARDER SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, INTEREST, UTILITY OR LOSS OF MARKET, WHETHER OR NOT FORWARDER HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED. Due to the inherent nature of the transportation business, Forwarder does not guarantee pick up, transportation or delivery by a stipulated date or a stipulated time, nor shall Forwarder be liable for the consequences of failure to do so.
Declared Value and Limitation of Liability.
Forwarder's liability, regardless of any actual or alleged negligence, for any loss or damage to the shipment is limited to the lesser of shipper's actual damages, 50¢ per pound or $50.00 per shipment, unless a higher value is declared on the front of this airbill and the additional applicable charges are paid to Forwarder. Shipper assumes all risk of any loss, damage or delay in excess of the declared value or liability limitations set forth herein. If shipper sends more than one piece on an airbill, shipper must specify the declared value for each piece; otherwise, the declared value for each piece will be determined by dividing the total declared value by the number of pieces on the airbill. The maximum declared value per shipment is $100,000, and any effort to declare a value in excess of the maximum shall be null and void. Even if a higher value is declared, Forwarder's liability for loss, damage or delay shall not exceed the shipment's repair cost, depreciated value or replacement cost, whichever is less.
Claims.
The following provisions shall apply to all claims for damage, delay or shortage. Forwarder must receive notice of any claim for damage, shortage or loss in writing within 10 days after the delivery the shipment or delay within 17 days of the date of tender. The notice of claim must include complete consignor and consignee information, the airbill reference number, the date of the shipment, the number of pieces, and the shipment weight. Failure to provide Forwarder with notice in the manner and within the time limits set forth herein will result in the claim being denied. Forwarder is not obligated to act on any claim until all transportation charges have been paid. The claim amount may not be deducted from these charges or from any outstanding balance owed to Forwarder without the prior written approval of Forwarder. All of the original shipping containers, packing, packages and contents must be available for Forwarder's inspection and retained until the claim is resolved. Except as otherwise provided for herein, receipt of the shipment by the consignee without written notice of damage on the airbill or delivery receipt shall be considered to be prima facia evidence that the shipment was delivered in good condition. For claims involving concealed damage not discovered at the time of delivery, the shipper or consignee shall notify Forwarder as promptly as possible after the discovery of the damage, and in any event not later than 10 days after the date of delivery. Under no circumstances shall Forwarder be liable for loss or damage to the external shipping containers used in the transportation of the shipment. Any lawsuit to enforce a claim must be brought against Forwarder within two (2) years from the date of delivery of the shipment or from the date on which the shipment should have been delivered. The failure of shipper to comply with the notice provisions specified herein shall be an absolute bar to any such lawsuit filed against Forwarder.
Non-Delivery.
In the event of the failure or inability of the consignee to take delivery of the shipment, Forwarder will notify shipper in writing at the address shown on the shipping document and request disposition instructions. If the shipper fails to provide disposition instructions within 30 days after the date of Forwarder's notice, Forwarder will return the shipment to the shipper at the shipper's expense. If the shipper fails to accept delivery of a shipment thus returned, Forwarder may, upon 30 days written notice to the shipper, dispose of the shipment at public or private sale and pay itself out of the proceeds to satisfy the transportation and storage charges owing on the shipment. Any sums collected by Forwarder in excess of such transportation charges will be paid to the shipper. No sale or disposal pursuant to this rule will discharge any liability or lien to any greater extent than the proceeds thereof. The shipper and the consignee shall remain liable, jointly and severally, for any deficiency.
Force Majeure.
Forwarder shall not be liable for loss, damage, delay or monetary loss of any type caused by: Acts of God; public authorities acting with actual or apparent authority; strikes; labor disputes; weather; mechanical failures; aircraft failures; civil commotions; acts or omissions of customs or quarantine officials; the nature and inherent vice of the freight or any defects thereof; public enemies; hazards incident to a state of war; acts of terrorism; and by acts, defaults or omissions of the shipper or consignee for failure to observe the terms and conditions of the contract of carriage contained in this shipping document, including but not limited to improper packaging, marking, incomplete/inaccurate shipping instructions and the rules relating to freight not acceptable for transportation of freight acceptable only under certain conditions outlined below.
Exceptions to Liability.
The following articles will not be accepted for carriage: any shipment prohibited by law; original works of art, antiques, bonds, coins of any kind, currency, currency equivalents, furs, fur clothing, gems or stones (cut or uncut), industrial diamonds, gold or silver, coined concentrates, jewelry (other than costume jewelry), pearls, precious metals, securities (negotiable), time sensitive written material (e.g., bids, contract proposals, etc.), when the declared value exceeds $0.50 per pound; household goods and/or personal effects, one-of-a-kind articles or models, prototypes, valuable rugs (i.e., Oriental rugs, Persian rugs) and prints or lithographs when the total declared value of the shipment exceeds $500.00 or when the declared value exceeds $0.50 per pound, per piece. Forwarder shall not be liable for any loss, damage, delay, liabilities or penalties resulting from the transportation of any of the foregoing articles, however described or misdescribed in this airbill, and no employee or agent of Forwarder has any authority to accept for transportation such articles or to waive the limitations herein contained.
Dimensions.
Rates and charges for this shipment will be based on actual or dimensional weight, whichever is greater.
International Shipments.
If this is an International shipment, a) all rules relating to liability as established by the Warsaw Convention shall apply, b) except as otherwise provided in Forwarder's tariffs or conditions of carriage, and carriage to which the Warsaw Convention does not apply, Forwarder's liability shall not exceed U.S. $20.00 per kilogram or the equivalent of goods lost, damaged or delayed, unless a higher value is declared by the shipper and a supplementary charge paid, c) Forwarder accepts this shipping document as a shipper's letter of instructions with authorization to prepare and sign on shipper's behalf an international shipping document, and d) Forwarder reserves the option to act as agent of the carrier, instead of as a forwarder, in which event the direct carrier's tariffs shall apply to this shipment and e) the shipper may select by inserting on the face of this shipping document cargo coverage based on insurance and/or declared value for carriage.
C.O.D. Service.
Collect on Delivery (C.O.D.) service is provided under the following conditions: a) shipper must identify the shipment as a C.O.D. shipment by entering the amount to be collected in the "Shipper's C.O.D. Box" on the front of this shipping document, b) shipper must specify the type of payment to be received (e.g. cash, check, money order or cashier's check) in the "Special Services Box" on the front of this shipping document and c) Forwarder and shipper agree that Forwarder does not guarantee nor verify that a check, money order, cashier's check or other such financial instrument is valid or negotiable. All payments are collected at shipper's risk. Unless inserted otherwise on the face of this shipping document, the C.O.D. amount of the shipment shall be deemed to be the declared value for carriage amount. This declared value for carriage amount in excess of $0.50 per pound, per piece, shall be subject to an excess valuation charge. Unless prior arrangements are made, the acceptance of cash by Forwarder and its agents for payment of freight charges and/or C.O.D. amounts is limited to a maximum of $2,000.00 per shipment and/or stop. Payment of freight charges and/or C.O.D. amounts in excess of $2,000.00 must be remitted by cashier's check, certified check, money order, or consignee's check as authorized by the shipper in writing.
Routing.
Forwarder shall have the right to a) substitute alternate carriers or other means of transportation and b) select the routing or deviate from that shown on the face hereof.
Inspections.
This shipment is subject to inspection by Forwarder; however, Forwarder is not obligated to perform such inspection.
Rates and Charges.
The shipper and the consignee shall be liable jointly and severally for all unpaid charges payable on account of this shipment pursuant to this contract and to pay or indemnify Forwarder for claims, fines, penalties, damages, costs (storage, handling, reconsignment, return of freight to shipper, etc.) or other sums which may be incurred by Forwarder by reason of any violation of this contract or any other default of the shipper or consignee or their agents. Forwarder shall have a lien on any goods shipped for failure to pay charges payable on account of this shipment pursuant to this contract. Forwarder may refuse to surrender possession of the goods until such charges are paid. All invoices not paid within 30 days of invoice date will be subject to a charge of 1 1/2% per month together with all collection costs incurred by Forwarder, including attorney fees.
Shipper's Indemnities.
Shipper and consignee shall hold Forwarder and its agents harmless for loss/damage/delay or any monetary losses which are a result of auxiliary services including but not limited to local cartage, crating, uncrating, packing, and unpacking which are requested by the shipper or consignee and arranged by Forwarder as a customer service unless such services are actually performed by Forwarder or its agents. Such limitation of liability shall extend to the selection by Forwarder of the providers of the auxiliary services. Auxiliary services are those which are performed prior or subsequent to transportation and which may be billed directly by the provider of the services or by Forwarder. Provider of auxiliary services are contractors for the shipper or consignee and are not agents for Forwarder. Local cartage is the movement of unpackaged/uncrated freight. NOTE: Under no circumstances will the liability of Forwarder for any monetary loss which is a result of any auxiliary services performed by Forwarder or its agents be greater that the liability contained in this contract.
Dispute Resolution and Governing Law.
These terms and the services provided by Forwarder under this airbill shall be governed by and subject to the applicable federal law of the United States and by the laws of the State of New York, any dispute arising out of any such terms or services shall be within the exclusive jurisdiction of the federal or state courts located in or near Orchard Park, New York. Should Forwarder successfully defend itself or any legal actions brought by any party with an interest in this shipment, Forwarder shall be entitled to reasonable attorney fees and costs. NOTE: In lieu of legal actions, any disputed claim not greater than $15,000.00 is to be settled through binding arbitration submitted to the Transportation Arbitration Board or the American Arbitration Association under its cargo claim arbitration program. An alternative arbitrator is to be selected by Forwarder if the claim is unacceptable for arbitration by both the above arbitrators.
Security Controls.
Shipments are subject to security controls by carriers and, where appropriate, by government agencies. Copies of shipping documents will be retained until the shipment is delivered.
INDIRECT AIR CARRIER STANDARD SECURITY PROGRAM
"Cargo items tendered for air transportation are subject to aviation security controls by air carriers and when appropriate, other government regulations. Copies of all relevant shipping documents showing the cargo's consignee, description, and other relevant data will be retained on file until the cargo completes its air transportation."
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