THE CONDITIONS SET OUT BELOW ARE TERMS OF THE AGREEMENT BETWEEN ESHIPPER WAYBILL HEREIN AFTER REFERRED TO AS ESHIPPER AND THE SHIPPER. SHIPPERS ARE ADVISED TO OBTAIN SUCH INSURANCE COVER FOR THE SHIPMET AS THEY CONSIDER APPROPRIATE.
The ESHIPPER WAYBILL (“The AIRWAYBILL (AWB”)
The AWB is non-negotiable and the shipper acknowledges that it has been prepared by the shipper or by the ESHIPPER on behalf of the shipper. The shipper warrants that he is the owner of the goods transported here under, or that he is the authorised agent of the owner the goods and that he hereby accepts and agrees to these ESHIPPER Terms and Conditions for himself and as agent for any other person having any interest in the shipment.
Shipper Obligation and Acknowledgements
The Shipper warrants.
That each article in the shipment is properly described on the AWB: and
That no article in the shipment has been declared by ESHIPPER to be unacceptable for transport: and
That the shipment is properly marked and addressed and securely packed to ensure safe transportation with ordinary care and handling.
The shipper understands and agrees that ESHIPPER may abandon and/or release any shipment or part-shipment consigned to ESHIPPER by the Shipper which ESHIPPER has declared to be unacceptable or which the Shipper has undervalued for Customs purposes or miss described (whether intentionally or otherwise) without incurring and liability whatsoever and the Shipper will save and defendant hold ESHIPPER harmless from all claims damages fines and expenses arising there from
The Shipper shall be solely liable for all costs and expenses (WHICH SHALL INCLUDE BUT NOT BE LIMITED TO V.A.T. CUSTOMS DUTIES AND ANY SIMILAR TAXES OR IMPOSTS) related to the shipment and for any cost expenses incurred in returning the shipment to the Shipper, warehousing storing or disposing of them.
The Shipper understands and agrees that ESHIPPER is not a common carrier and that the ESHIPPER Reserves the right at its sole discretion to refuse or abandon the carriage or transportation of any particular goods for any person firm or company and the carriage or transportation of any class of goods.
Right of Inspection of Shipment
ESHIPPER has the right to inspect any shipment but it is under no obligation to do so. If it does so it shall be entitled to open the shipment and examine any package therein. In that event ESHIPPER will exercise reasonable care but it is shall not be liable for any damage to the shipment or any delay of the shipment arising as a result of such examination.
Lien on Goods Transported
ESHIPPER shall have a lien on all goods transported for all freight charges, customs duties advanced or other charges of any kind arising out of transportation hereunder and may refuse to surrender possession of the Shipment until all such charges are paid.
Limitation of Liability for Direct Loss
“Direct Loss” means the destruction or permanent disappearance of the shipment or physical damage to the shipment or any part of it while in the custody of ESHIPPER or its servants or agents. “Shipment” shall include all documents or parcels consigned to ESHIPPER under the AWB the liability of ESHIPPER EXPRESS COURIER SERVICES for direct loss is limited to the maximum of:
U.S. $ 100/- or
The total amount of loss damaged actually sustained in respect of any documents or parcels contained in the shipment, or
The actual Value of all lost or damaged documents or parcels contained in the shipment subject to the maximum liability as (a) above, without regard to any commercial utility or special value to the shipper / consignee.
IF THE SHIPPER BELIEVES THAT THE VALUE OF THE SHIPMENT EXCEEDS US $100 HE IS ADVISED TO OBTAIN APPROPRIATE INSURANCE COVER SEE CONDITION 12 BELOW.
The actual value of a document contained in a shipment (which term includes any item declared to be no commercial value) shall be either its actual costs of production or the costs of its replacement, reconstruction, repair or reconstruction at the date of shipment shown on the AWB, whichever is less.
The actual value of a parcel contained in a shipment (which term includes any item declared to be of no commercial value) shall be either its actual costs of production, or the costs of its replacement, reconstruction, repair or reconstruction at the date of shipment shown on the AWB or its resale or fair market value at that date, whichever is less provided that the actual value shall not exceed the original costs of the article paid by the Shipper plus 10 percent.
Exclusion of Consequential Loss
ESHIPPER shall not be liable for Consequential Loss. “Consequential Loss” means any loss or damage, other than Direct Loss, suffered or alleged to have been suffered by the Shipper, or by any other person, in consequence of the damage of the shipments by ESHIPPER, its servants or agents or in consequence of any branch by ESHIPPER, its servants or agents of the agreement to carry the shipment.
Exclusion of Liability for Delay
ESHIPPER shall not be liable for delay. “Delay” means any delay in the pick-up, transportation or delivery of any shipment or any non-delivery of any shipment caused by:
The act or omission of ESHIPPER their servants or agents, or
Act of God, or
Force majeure, which shall include but not be limited to industrial or political disputes, hijacking, war or threat of war, acts of foreign governments and any other causes not reasonably within the control of ESHIPPER, or
The act, default or omission of the Shipper or the Consignee or any other party who claims an interest in the shipment (including any branch of any condition herein) or any person other than the ESHIPPER or customs or other government officials for transportation to any location not regularly served by ESHIPPER regardless of whether the Shipper requested or had knowledge of such third-party delivery arrangements, or
The Nature of the shipment itself, or any defect characteristic or vice thereof.
Any claims by the Shipper, must be notified in writing to ESHIPPER at Origin Station within 30 days of the date of the delivery provided for in this agreement. ESHIPPER reserves the right to decline to accept any claim not so notified.
In any event, ESHIPPER will be under no liability to accept any claim and until the Shipper has paid to ESHIPPER all charges due under this agreement. The Shipper may not set off the amount of his claim against those charges.
Material not Acceptable for Transport
Except with the express consent in writing of an authorised officer of ESHIPPER will not carry:
Works of Arts
Perishable & Fragile
Industrial carbons and diamonds.
Negotiable instrument in bearer
Lewd. Obscene pornographic materials,
Articles restricted by IATA, including hazardous or combustible materials prohibited by any federal, state or local of Government of any country from to or through which the shipment may be carried and any other items from time to time notified by ESHIPPER to be a prohibited item in accordance with this paragraph.
In contracts in which Warsaw Convention applies the liability of ESHIPPER to the Shipper may be further limited. This contract incorporates such of the provisions of the Convention as may be applicable to it.
If the Shipper wishes to insure the shipment then he must notify ESHIPPER in writing before delivering the shipment to ESHIPPER stating the nature and value of the goods and extent of the cover required.
Upon receipt of that notification from the Shipper ESHIPPER will allocate the Insurance Reference Number to the shipment obtain the required Insurance cover and notify the Shipper of the Insurance Reference Number. There is no Insurance in force and the shipment remains at the Shipper risk unless and until the Shipper has received the Insurance Reference Number.
Upon receipt the Insurance Reference number, the Shipper shall become liable to pay such premium as may be required for that Insurance and shall pay the full amount thereof to ESHIPPER within 14 days of being invoiced therefor.
Any Insurance cover arranged by ESHIPPER under this agreement shall be limited to U.S. $200,000.
Any Insurance cover issued under this agreement shall be subject to such terms and conditions as the insurer may stipulate.
Law of Contract
The Shipper and ESHIPPER hereby irrevocably agree that local laws shall apply to this agreement in every particular and exclusively submit to the sole jurisdiction of the Local Courts.