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.
