Conditions of Carriage
Carriage and other services performed hereunder are subject to these conditions and to the rates rules and classifications set forth in the Forwarder's currently effective tariffs which are available for inspection and incorporated into this contract by reference.
As used in this contract, "Forwarder" means SHO-AIR INTERNATIONAL, INC. and its authorized agents
In rendering the shipment for carriage, the shipper warrants that the shipment is packaged to protect the enclosed goods and to insure safe transportation with ordinary care in handling, and that each package is appropriately labeled and is in good order for carriage as specified.
All shipments may, at Forwarder's option, be opened and inspected.
Forwarder shall not be liable for loss damage, delay or other results caused by:
a) acts of God, public enemies, public authorities acting with actual or apparent authority, authority of law, quarantine, riots, strikes, civil commotions, or hazards or dangers incident to a state of war
b) the act or default of the shipper or consignee, including any breach of the warranty set forth in Paragraph 3 above;
c) the nature of the shipment, or any defect, characteristic or inherent vice thereof
d) violation by the shipper of consignee of any of these conditions of contract
e) compliance or non-compliance with delivery or special instructions.
Forwarder shall not be liable for special damages.
Forwarder shall not be liable for damages to any packaging or covering used for cargo protection.
Shipper acknowledges their right to select the cargo’s declared value, and further acknowledges they did not rely on representations or advice from Forwarder or their agents.
In consideration of Forwarder's rate for the transportation of any shipment, which rate, in part, is dependent upon the "declared" value of the shipment, the shipper and all other parties having an interest in the shipment agrees that the limit of Forwarder's liability shall be the lesser of:
Plus the amount of the Forwarder's transportation charges applicable to that part of the shipment lost, damaged or delayed. Unless a different amount is specified by the shipper, the declared value on a C.O.D. shipment shall be deemed to be the C.O.D. amount.
a) The amount of any damages actually sustained; or
b) Whichever of the following is greater:
1) The shipper's declared value stated on the face hereof: or
2) $.50 per pound multiplied by the weight of the damaged carton: or
3) $50.00 per shipment minimum
c) Unless otherwise expressly provided in Forwarder's tariffs and subject to any conditions or restrictions contained therein, the following articles will not be acceptable for carriage: any shipment prohibited by law; any hazardous or restricted articles; 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); household goods and/or personal effects one-of-a-kind articles or models; prototypes; valuable rugs (i.e. oriental or Persian rugs) and prints or lithographs when the total declared value of the shipment exceeds $500.00 or when the declared value exceeds $.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 forgoing articles, however described or mis-described in this shipping document, and no employee or agent of Forwarder has any authority to accept for transportation such articles or to waive the limitations herein contained.
The shipper and the consignee shall be liable, jointly and severally, (a) for all unpaid charges payable on account of a shipment pursuant to this Contract, and (b) to pay or indemnity Forwarder for all claims, fines, penalties, damages, costs 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 the shipment for all sums due and payable to Forwarder.
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 airbill 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 notice at public or private sale and pay itself out of the proceeds to satisfy the transportation 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.
Forwarder will exercise due diligence in routing shipments. In the absence of specific contrary instructions by the shipper on the airbill, Forwarder may divert any shipment to surface transportation in order to expedite its movement. Regardless of the method of transportation employed, the Forwarder's air freight charges from origin to destination will apply. All Domestic shipments are subject to a minimum chargeable weight of 100lbs. or 45Kg. All International shipments are subject to a minimum chargeable weight of 220lbs. or 100Kg.
Claims for loss or damage discovered by the consignee after delivery and after a clear receipt has been given to Forwarder must be reported in writing to Forwarder within 7 days after delivery of the shipment, with privilege to Forwarder to inspect the shipment and its container(s) and packaging material within 15 days after receipt of such notice.
Claims for loss, damage or delay must be made in writing a period of 120 days after the date of acceptance of the shipment by the Forwarder. (On shipments to Puerto Rico and Canada, claims must be made within 120 days.)
No claims with respect to a shipment, any part of which is received by the consignee, will be entertained until all transportation charges have been paid.
Claims for overcharges or duplicate billing must be made in writing within a period of two years after the date of acceptance of shipment by the Forwarder.
Forwarder shall not be liable in any action unless a claim has been filed and such action is brought within 1 year after the date written notice is given to the claimant that Forwarder has disallowed the claim in full or in part.
International air carriage is subject to the rules relating to the liability established by the Convention for the Unification of Certain Rules relating to the international Carriage by Air, signed at Warsaw October 12, 1929.
To the extent that it is not governed by Federal Law, this Contract and the tariffs incorporated by reference shall be construed and the performance of the transportation hereunder shall be determined in accordance with the laws of the State in which the shipment is accepted by the Forwarder. If any provision of this contract, including the tariffs incorporated by reference, is determined to be invalid or unenforceable, the remainder of the contract shall not be affected thereby.
Federal law will control the right of the parties to this transaction where interstate or foreign commerce is involved.
TERMS & CONDITIONS OF SALE
Our terms are NET 30 DAYS. If at any time, for any reason this bill becomes past due, this bill may be subject to interest computed at the legal rate allowed. In the event it becomes necessary for this to be turned over to a collection agency, such additional collection cost, charges and other expenses may also be added to this original invoice.
Our acceptance of a shipment is not an extension of credit. Credit terms are available upon presentation of sufficient credit information and the decision to extend credit is at the sole discretion of SHO-AIR