Terms and Conditions
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 Asendia USA 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.
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.
Value and Liability Limitations
Our services are priced on the expectation that our shippers will directly insure any shipment of significant or extraordinary value. We are only responsible packages in our possession, in the United States, in a limited amount. We cease to be liable for any loss or damage when we "hand over" the package, whether to an international shipper, an airline, a last mile delivery service, a postal service, or any other shipper. Because of the nature of the services, and the reliance on third party shippers in many cases, we cannot guarantee timely delivery and you agree we have no liability based on delayed delivery.
In any event, the total amount of our liability will be limited to your actual damages you can document, up to a maximum obligation of one hundred dollars ($100). In no event will we be liable to you, or to any party you are shipping to, in excess of that $100 limit, even if we are at fault for the loss or damage.
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 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.