Definitions
As used in the following terms and conditions
of this agreement, "you" and "your" refer
to the sender, its employees and agents. "We", "our" and "us" refer
to Brokers Worldwide Inc. "Recipient" refers
to the person or company to whom you request
delivery on the reverse side hereof.
Agreement to Terms
By giving us your shipment to deliver, you
warrant that you are the owner of the goods
transported hereunder or you are the authorized
agent of the owner of the goods and you
agree to the terms and conditions set forth
on the airbill. No one is authorized to
alter or modify the terms of this Agreement.
This airbill is NON-NEGOTIABLE and has
been prepared by you or on your behalf
by us. By utilizing our broker services,
you understand and agree that we may contract
with one or more direct or indirect air
carriers or other transportation service
providers for the delivery of your shipment.
Nothing in this agreement is intended to
or shall be deemed to provide you with
any greater rights or remedies than are
available to us in the event of any actions,
inactions, errors, omissions or negligence
of any direct or indirect air carrier or
other transportation service providers
being utilized in the delivery of your
shipment.
Right to Inspect
We reserve the right to and may, at our option,
open and inspect your shipment after we
receive them from you.
No C.O.D. Services
We do not provide C.O.D. services of any
kind. If you send a shipment C.O.D. by
mistake, we will deliver the shipment and
invoice our charges to you.
Responsibility for Payment
You will always be primarily responsible
for all delivery costs, as well as any
costs we may incur in returning a shipment
to you or otherwise holding or disposing
of such shipment if delivery cannot be
effected.
Qualified Acceptance
We reserve the right to reject a shipment
after acceptance but prior to delivery
when such shipment may or would be likely
to cause damage or delay to other shipment,
our equipment or personnel, (or the equipment,
personnel or other shipment of indirect
or direct air carriers or other transportation
providers) or if the transportation, handling,
delivery or possession of such shipment
and/or its content is prohibited by law
or is in violation of any applicable rule
or regulation or the terms set forth in
this airbill.
Limitations on our Liability
Except as otherwise further limited herein,
our liability for loss or damage to your
shipment is limited to your actual damages
or $100, whichever is less, unless prior
arrangements have been made with us for
you to declare a higher value and pay an
additional charge. Any such arrangements
require our prior approval and acceptance.
WE DO NOT CARRY CARGO LIABILITY INSURANCE.
In the event a higher declared value is
agreed upon between you and us, you will
pay an additional charge of $0.50 for each
additional $100 of declared value. If such
arrangements are made and accepted, and
you pay the additional charge, our liability
will be limited to your declared value,
the actual value of your shipment or your
actual damages, whichever is less.
Our liability for delays not caused by your
negligence is, and shall be, limited to
a refund of your delivery charges only.
We will not be liable for your acts of omissions,
including but not limited to improper or
insufficient packaging, packing, securing,
marking or addressing, or for the acts
or omissions of the recipient or anyone
else in connection with the shipment. We
will not be liable if you or the recipient
violates any of the terms and conditions
of this airbill.
We will not be liable for loss, damage or
delay caused by events we cannot control
or reasonably foresee, including but not
limited to acts of God, negligence or improper
conduct of direct or indirect air carriers
or other transportation providers with
whom we contract for delivery of your shipment,
perils of the air, weather conditions,
mechanical delays, act of public enemies,
war, strikes, work stoppages, civil commotions,
or acts or omissions of public authorities
(including customs and quarantine officials)
with actual or apparent authority. We will
not be liable for loss or damage to shipments
of cash, currency or other prohibited items.
Our current list of prohibited items is
available upon request.
WE WILL NOT BE LIABLE IN ANY CASE FOR INCIDENTAL,
CONSEQUANTIAL OR SPECIAL DAMAGES, INCLUDING,
BUT NOT LIMITED TO LOSS OR PROFITS OR INCOME,
WHETHER OR NOT WE KNEW THAT SUCH DAMAGES
MIGHT BE INCURRED.
Declared Value Limits
The highest declared value we allow for Brokers
Letter and Brokers Envelope shipments is
$100.00. For other Brokers packages and
2nd day air shipments, the highest declared
value permissible is $25,000.00, unless
your shipment contains items of "extraordinary
value" in which case the highest declared
value permissible is limited to $500.00.
Items of "extraordinary value" include
art work, jewelry, furs, money, precious
metals and/or minerals, negotiable instruments,
stocks and bonds.
Declared value declarations shall not exceed
the shipment limits described above, and
shall not be effective or binding unless
previously approved and accepted by us
in writing.
If a shipment having an approved and accepted
declared value is lost or damaged, our
liability is, and shall be, limited to
the declared value of the shipment lost
or damaged, which declared value shall
not exceed the per shipment limits described
above. You have the responsibility of proving
actual loss or damage. Under no circumstances
shall we be liable for loss or damage claims
in excess of any agreed upon and accepted
declared value up to the per shipment limits
described above.
Claims
All claims must be made by you in writing:
Within ten (10) days of delivery of your
shipment if your claim results from shortage,
damage or delay; or
Within sixty (60) days after we accept your
shipment if your claim results from non-delivery
or overcharges.
Your claim will be discussed with you by
us if you call and notify our customer service
department at the telephone number listed
on the face of this airbill. However, your
rights shall only be preserved if you notify
us in writing of your claim within the applicable
time period set forth herein. It is suggested
that you send such written notice by certified
mail, return receipt requested, in order
to evidence such notice.
Within thirty (30) days after you notify
us of your claim, you must send us all
relevant information about it. We are not
obligated to act on any claim until you
have paid all delivery charges, and you
may not deduct the amount of your claim
from those charges.
If the recipient accepts your shipment without
noting any damage on the delivery record,
it will be assumed that the shipment was
delivered in good condition. In order for
us to process your claim, you must, to
the extent possible, make the original
shipment available for inspection.
All claims must refer to the airbill number
printed on the face hereof.
We shall not be liable for any claims unless
you bring an appropriate action within
one (1) year after the date written notice
is given to you that we have disallowed
your claim in whole or in part.
Broker Services Only
We serve only as brokers for the delivery
of your shipment. We act as an intermediary
between you and other indirect or direct
air carriers or other transportation providers
who are responsible for delivery of your
shipment to the recipients. Our services
are limited to shipment pickup at your
location and transmittal to such other
indirect or direct air carriers or other
transportation providers who perform the
actual delivery services. Nothing contained
in this airbill shall create, imply or
expose us or our employees and agents,
to liability, cost or expense as a result
of the actions, inactions, errors, omissions
or negligence of any such other indirect
or direct air carriers or other transportation
providers being utilized in the delivery
of your shipment.
International Shipments
International air carriage is subject to
the rules relating to liability established
by the Convention for Unification of Certain
Rules relating to International Carriage
by Air; signed at Warsaw, October 12, 1929.
We have a separate form of international
air waybill. If your shipment is not accompanied
by this form of international air waybill,
you hereby authorize us to prepare and
sign on your behalf such international
air waybill containing, among other things,
customs provisions and limitations on liability.
