Please Read Carefully. Contains Language which May Limit your Rights under Certain Circumstances.
On this air waybill, "we," "our" and "us" refer to ADVANCED EXPRESS , INC. and its respective employees, agents and independent contractors. "You" and "your" refer to the consignor, shipper, merchant, consignee and its/their employees, principals and agents.
2) AGREEMENT TO TERMS:
By giving us your shipment, you agree, regardless of whether you sign the front of this air waybill for yourself or as agent for any other person having an interest in this shipment, to all terms on this NON-NEGOTIABLE air waybill, any applicable tariff and our Terms & Conditions of Service.
3) THE AIR WAYBILL:
Our air waybill is NON-NEGOTIABLE, and you acknowledge that the air waybill has been prepared by you or by us on your behalf and as you directed. By giving us your shipment, you warrant that you are the owner or the authorized agent of the owner of the goods to be transported and that you hereby accept our terms and conditions for yourself and as agent for and on behalf of any other person having any interest in the shipment.
4) YOUR OBLIGATIONS AND ACKNOWLEDGMENTS:
You warrant that each item in the shipment is properly described on this air waybill, including any insured value, and is acceptable for transport by us, and that the shipment is properly marked, addressed and packed by you to ensure safe transportation with ordinary care in handling. You hereby acknowledge that we may abandon and/or release, without incurring any liability whatsoever to you, any item consigned by you to us which we have declared to be unacceptable or which you have undervalued for customs' purposes or mis-described on this air waybill, whether intentionally or otherwise. You agree to protect, defend, indemnify and hold us harmless from all claims, damages, fines and expenses arising from our abandonment or release of such item(s). You agree that you will be liable for all costs and expenses related to the shipment and for costs incurred in either returning such item(s) to you or the warehousing of such item(s), pending final disposition. You are responsible for all charges, including transportation charges, duties, customs assessments, governmental penalties and fines, taxes and our attorney fees and legal costs related to this shipment.
5) RIGHT OF INSPECTION OF SHIPMENT:
We have the right, but not the obligation, to inspect any shipment, including, without limitation, opening the shipment.
6) LIEN ON SHIPMENT:
We have a lien on any shipment in our possession for all money due and payable to us, including all lien and collection related costs, including, but not limited to, all freight charges, customs duties, advances or other charges of any kind arising out of the transportation. In the event of nonpayment, interest will be accrued at the legal rate of interest per month from the payment due date. OUR CHARGES ARE NOT SUBJECT TO SETOFF, COUNTERCLAIM OR REDUCTION BASED ON ANY CLAIM YOU MAY FEEL THAT YOU HAVE AGAINST US.
7) LIMITATIONS ON LIABILITY:
You agree that the declared value listed by you or by us at your direction on this air waybill is the true value of your shipment. We recommend a listing be provided with each shipment by numbering each piece, then describing the contents with each piece and assigning a value to each of the contents. NOTWITHSTANDING THE AMOUNT LISTED AS THE VALUE, WE LIMIT THE AMOUNT OF DAMAGES PAYABLE BY US UNDER THIS AIR WAYBILL. In consideration of the rates offered you, you agree that we will only be liable for loss or damage resulting from our negligence or fault; our liability is limited to the lesser of: (i) the amount of damages sustained: (ii) U.S. $0.50 per pound per piece (where no value is declared) multiplied by the number of pounds that are actually lost or damaged (but not less than U.S. $50.00 per shipment); or (iii) the declared value in case of loss or damage of the entire shipment (but not less than U.S. $50.00 per shipment). DECLARED VALUE COVERAGE IS FOR DAMAGES OR LOSS OF THE "ACTUAL LOSS" AND IS NOT "REPLACEMENT COST" TYPE INSURANCE. In the event loss or damage occurs to part of the shipment and no itemized listing has been provided prior to shipment, the average declared value shall be determined by dividing the total value of the shipment by the number of pieces in the shipment to derive a par value. For each piece maximum declared value for carriage will be no more than U.S. $5,000.
8) HIGH VALUE SHIPMENTS GREATER THAN U.S. $30,000:
We will make reasonable efforts to obtain marine, theft and/or other insurance upon the goods only after specific written instructions have been received from you by us in sufficient time prior to the shipment from the point of origin, which instructions must state specifically the kind and amount of insurance to the placed. WE CANNOT GUARANTEE THAT INSURANCE CAN OR WILL BE PLACED. Unless you have your own open marine policy and instruct us to arrange for insurance under such policy, insurance may be obtained with one or more insurance companies, or other underwriters of our choice. Any such insurance shall be governed by the certificate or policy issued and will only be effective when accepted by such insurance companies or other underwriters. Should an insurer dispute its liability for any reason, the insured shall have recourse against the insurer only and we shall not be liable in relation thereto, notwithstanding that the premium upon the policy may not be at the same rates as that charged or paid to us by you, or that the shipment was insured under a policy in our name. Insurance premiums and our charges for arranging the same shall be at your expense. If for any reason the goods are held in warehouse, or elsewhere, the same will not be covered under any insurance, unless we receive written instructions from you. Unless specifically agreed in writing, we assume no responsibility to obtain insurance on any export or import shipment which we do not handle.
9) LIABILITIES NOT ASSUMED:
WE WILL NOT BE LIABLE for your acts or omissions, including, but not limited to, improper or insufficient packing, securing, marking or addressing; violation of any terms of this agreement; loss or damage to materials not acceptable for transport or prohibited items; loss, damage or delay caused by events we cannot control, including, but not limited to, electrical or magnetic injury, erasure, acts of God, perils of the air, weather conditions, mechanical delay, acts of public enemies, war, strikes, civil commotion or acts of public authorities with actual or apparent authority.
WE WILL NOT BE LIABLE for delays in pick-up, transportation or delivery of any shipment, regardless of the cause of such delay.
WE WILL NOT BE LIABLE in any event for any indirect, special, incidental, punitive, consequential or statutory damages including, but not limited to loss of profits, income, utility, interest or loss of market, whether or not we had knowledge that such damage might be incurred
10) LIMITATIONS ON LIABILITY, INTERNATIONAL SHIPMENTS:
You agree that this document does not serve as a bill of lading for any shipment originating or terminating outside of the United States of America. You agree that this document for the purpose of international shipping is a Shipper's Letter of Instruction and that OUR LIABILITY IS LIMITED BY OUR TERMS & CONDITIONS OF SERVICE TO U.S. $50.00 PER SHIPMENT, unless we issue a separate bill of lading. International air carriage is subject to the rules relating to liability established by the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air. International ocean carriage is subject to the rules relating to the liability established by the Carriage of Goods by Sea Act of the United States of America.
11) FILING A CLAIM: YOU MUST MAKE ALL CLAIMS IN WRITING:
and notify us of your claim within thirty (7) days of the date of shipment. OUR CHARGES ARE NOT SUBJECT TO SETOFF, COUNTERCLAIM OR REDUCTION BASED ON ANY CLAIM YOU MAY FEEL THAT YOU HAVE AGAINST US. Within fifteen (15) days after you notify us of your claim, you must send us all information you have about the claim. We are not obligated to act on any claim until you have paid all the transportation charges, and you may not off-set, deduct or reduce the amount of your claim from those charges. You agree to retain all packing material for any damaged shipment and make shipment available for survey and inspection at our convenience.
12) MATERIAL NOT ACCEPTABLE FOR TRANSPORT:
We will not provide transportation for: currency, stamps, works of art, jewelry, precious metals, precious stones, bullion, firearms, explosives, cashier's checks, money orders, traveler's checks, antiques, plants, animals, pharmaceuticals, drugs, food stuffs, liquor, tobacco, perishables, negotiable instruments in bearer form, lewd, obscene or pornographic materials, industrial carbons and diamonds, IATA restricted items, including dangerous goods and hazardous or combustible materials, and any material prohibited from transport by any law, regulation, or statue of any country in which the shipment may be carried.
13) C.O.D. AMOUNTS:
We will under no circumstances be responsible for the form of payment by consignee unless specifically requested otherwise, in writing, by the shipper. We will not be liable for any fraudulent certified or cashier's check. Applicable charges for handling a C.O.D. shipment will be billed.
14) SUBSTITUTION OF MODE OR EQUIPMENT:
You hereby authorize us to choose a carrier or other company to transport this shipment, and our obligation is limited to delivery of your shipment to any such company. Transportation of the shipment is subject to availability of equipment and the space therein. We shall have the right to (i) substitute alternative carriers or other means of transportation (ii) select the routing or deviate from that shown on the face hereof.
15) RIGHT OF REJECTION:
We reserve the right to reject a shipment (i) when such shipment would be likely to cause delay or damage to other shipments, equipment or personnel; (ii) or the shipment is prohibited by law; (iii) or the shipment would violate any terms of this air waybill or our Terms & Conditions of Service.
16) LIABILITY FOR CHARGES:
You, the consignee and the third party, if applicable shall be liable, jointly and severally, (i) for all unpaid charges on account of a shipment pursuant to this contract, including, but not limited to, the cost of collection, court costs and attorney fees; and (ii) to pay or indemnify us for all claims, fines, penalties, damages, costs or other sums which may be incurred by us by reason of any violation of this contract or any other default.
17) FINAL DISPOSITION:
In the event of failure or inability of the consignee to take delivery of the shipment, we will notify you in writing at the address shown on the air waybill and request disposition instructions. If you fail to provide final disposition instructions within thirty (30) days after the date of notification, we will dispose of the shipment at private or public auction and pay out of the net proceeds of the sale for charges due us and remit the balance to the shipper. You, the consignee and any third party, if applicable, remain jointly and severally liable for any deficiency.
18) INVALID PROVISIONS:
If any provision of this contract and any other terms and conditions incorporated by reference, are determined to be invalid or unenforceable, the remainder of this contract shall not be affected thereby.
19) CONSTRUCTION OF TERMS AND VENUE:
The foregoing terms and conditions shall be construed according to the laws of the State of California. Unless otherwise consented to, in writing, by us, no legal proceeding against us may be instituted by you, your assigns or subrogee except in the County of Los Angeles, State of California.
20) TIME FOR SUIT:
We shall be discharged of all liability unless suit is brought in the proper forum within one year after the delivery of the goods or the day that the goods should have been delivered, two years if the shipment is international. In the event that a one year time period shall be found contrary to any convention or law that is compulsory applicable, the period prescribed by such convention or law shall apply.