DEFINITIONS: On the Waybill, we our and us refer Logistics Decisions Inc. its employee, agents, contractors and licensee(s). You and yours refer to the shipper, its agents and employees.
AGREEMENT TO TERMS. By giving your freight to us for carriage on this NON-negotiable Waybill, you agree to all the terms of our tariff and our current Service Guide which is available for inspection at our offices. No one is authorized to after or modify the terms of our agreement unless done so on writing by both parties.
NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY. If your shipment involves an ultimate destination or a stop in a country other than the country of departure, the Warsaw Convention may be applicable to govern and in most cases to limit our liability for loss, damage or delay to your shipment, unless you declare a higher value in advance any pay an additional charge.
RESPONSIBILITY FOR PACKAGING. You are responsible for adequate packaging of your goods and for property filling out this Waybill.
AIR TRANSPORTATION TAX IS INCLUDED. Where applicable, our basic rate included any Federal tax on the air transportation portion of this service.
CARRIAGE BY OTHERS. We cannot accept responsibility for loss, damage or delay of your shipment if caused by any carrier you have designated us to use for any portion of this carriage.
LIMITATION OF LIABILITY. The highest declared value will differ from country. Subject to the limitation for the specific loss or damage referred to in (d) below, any loss or damage for which the carrier may be liable shall not exceed the greater of:
a. the actual value of the shipment at the time and place of shipment not exceeding the lesser of $2.00/lb ($4.41/kg) or $100.00, or
b. as agreed upon this quotation; or
c. the actual value declared by the shipper in the “Declared Value” box on the face of the Bill of Landing/Waybill provided that if this is in excess of $500 (extraordinary value) the consigner (shipper) must enter into a special agreement with the carrier, evidenced by the shipper’s insertion of the carrier’s authorizing special agreement number in the “Special Agreement” box on the face of the Billing of Landing/Waybill and by the carrier’s logging of same in the carrier’s special agreement register. Failing a special agreement the carrier’s liability shall not exceed (a) above.
d. Where the loss or damage for which the carrier may be liable arises from a delay in delivery or failure to deliver by a specific time requested, expressed or implied, the carrier’s liability shall not exceed an amount equal to the carrier’s standard charge for the requested service.
Our liability for delays not caused by your negligence shall be limited to a refund of your charges.
IN ANY EVENT, WE WON’T BE LIABLE FOR INCIDENTAL DAMAGES (FOR EXAMPLE, ALTERNATIVE CARRIER TRANSPORTATION COSTS). CONSEQUENTIAL DAMAGES (FOR EXAMPLE, LOSS OF PROFIT OR INCOME), OR SPECIAL DAMAGES, WHETHER OR NOT WE KNEW THAT SUCH DAMAGES MIGHT BE INCURRED.
We won’t be liable for your acts or omissions, including but not limited to improper or insufficient packing, securing, marking or addressing of your shipment, or for the acts or omissions of the recipient or anyone else with an interest in the shipment. Also we won’t be liable if you or the recipient violates any of the terms of our agreement.
Finally, we won’t be liable for loss, damage of delay caused by events we cannot reasonably foresee or control, including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions or actions or omissions of public authorities (including customers and quarantine official(s) with actual or apparent authority.
FILING A CLAIM. All claims must be made by you in writing within 60 days of shipping date.
FOR GROUND DELIVERIES. Within 60 days after we transmit or deliver your package if your claim results from partial loss or damage.
FOR AIR DELIVERY. Within 14 days after we transmit your delivery or package if your claim results from damage or within 60 days after we accept your package if your claim result in loss including non delivery.
Within 60 days after you notify us of your claim, you must send us all relevant information.
We are not obligated to act on any claim until you’ve paid all transportation charges.
We’ll consider your claim filed if you call and notify our Customer Service Department and notify us in writing as soon as possible. If the recipient accepts your shipment without noting any damage on the delivery record, we will assume that it was delivered in good condition, in order for us to process your claim, you must, to the extent possible, make the original shipping cartons and packing for inspection. Claims for overcharges and refunds must be made in writing within 3 months of the billing date.
RIGHT TO INSPECT. We may, at our option, open and inspect your packages prior to or after you give them to us to deliver.
RESPONSIBILITY FOR PAYMENT. Even if you give us different payment instructions, you will always be primarily responsible for all delivery costs, as well as any costs we may incur in either returning your shipment to you or warehousing it pending disposition.
U.S. CUSTOMS CLEARANCE. By tendering this shipment to us, you nearby appoint us as you agent for our performance of customs clearance for you in the United States and certify us as the consignee for the purpose of designating a Customs House Broker to perform such customs clearance.
LETTER OF INSTRUCTION. You are responsible for compliance with all applicable customs, import and export laws and government regulations of any country to, from through or over which this shipment may be carried, and agree to furnish such information and complete and attach to this Waybill all necessary documents to comply with such rules and regulations. If you do not complete all the documents required for carriage, you hereby instruct us, where permitted by law, to complete all the documents for you at our option and at your expense, and attach them to this Waybill, but we are not obligated to do so. We are not liable to you or any other person for any loss or expense due to your failure to comply with this provision and you further agree to hold us harmless from and against all claims, damages, liabilities, actions, losses, cost and expense of any nature whatsoever in any manner arising out of your providing to us incomplete, inaccurate of false documentation.
PARTIAL INVALIDITY. Any provision or part thereof which is held to be invalidate the remainder of the provision or any other provisions.