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| CONTRACT
OF CARRIAGE |
- Carriage is subject to the rules and
regulations here in set forth. When a specific transportation
contract is duly executed between LogNet Worldwide, Inc.
and a shipper, the rates terms and conditions contained
therein are incorporated into this contract by reference.
Shipments tendered to the carrier on a bill of lading will
be converted to an Airbill and will be moved subject to
these terms conditions.
- As used in this contract, “Carrier”
means all carriers that transport the goods described on
the face of this document or perform any other services
incidental to such carriage as required.
- In tendering the shipment for carriage,
the shipper warrants that the shipment is packaged to protect
the goods so as to insure safe transit with ordinary care
in handling and that each package is appropriately labeled
and as in good order for carriage as specified.
- All shipments are subject to Carrier’s
inspection.
- Carrier shall not be liable for loss,
damage, delay or other results caused by: (a) acts of God,
public enemies, public authorities acting with actual or
apparent authority, authority of law, quarantine, riots,
strikes, civil commotions, hazards or dangers incident to
a state of war, (b) the act or default of the shipper or
consignee including any breach if the warranty set forth
in Paragraph 3, above, (c) the nature of the shipment, or
any defect, characteristic or inherent vice thereof, (d)
violation by the shipper or consignee of any of these conditions
of contract, (e) compliance or noncompliance with delivery
or special instruction.
- Carrier shall not be liable for special
or consequential damages even if it had prior knowledge
that such damages could occur.
- Shipments are accepted as having a
released value $.50 per pound, or $50.00, whichever is higher,
however, the shipper may declare a higher value for carriage
for the shipment face hereof, in which case an additional
transportation charge will be assessed at a rate of $.60
per $100.00 declared (or any portion thereof)
- In consideration of Carrier’s
rate for transportation of any shipment, which rate in part
is dependent upon the value of the shipment, the shipper
and all the other parties having an interest in the shipment
agree that the limit of the Carrier’s liability shall
be the lesser of:
- the amount of any damages
actually sustained, or
-
- where no value is declared,
$.50 per pound multiplied by the number of pounds
of those piece(s) actually lost or damaged, or $50.00,
whichever is greater.
- where a higher value is declared,
and all such additional charges having been paid;
(a) in the case of loss or damage of the entire
shipment, the declared value of the shipment, or
(b) in the case of the loss or damage of part of
the shipment, the average declared value per pound
or the shipment multiplied by the number of pounds
actually lost or damaged
- The shipper and consignee shall be
liable, jointly and severally for; (a) all unpaid charges
payable on account of a shipment pursuant to this contract,
and (b) to pay or indemnify the Carrier for all claims,
fines, penalties, damages, costs or other sums which may
be incurred by the Carrier by reason of any violation of
any of these conditions of contracts or any other default
of the shipper, consignee, or their agents, including but
not limited to legal fees and court costs incurred to secure
payment.
- Carrier shall have a lien of this
shipment for any sums due and payable to the Carrier.
- In the event of nonpayment of any
sums payable to the Carrier of failure of the consignee
to claim the shipment after notification of its arrival,
Carrier will hold the shipment, subject to storage and/or
will dispose of the shipment at public or private sale,
not earlier than 30 days after providing notice to the shipper
and consignee be mail, paying itself out of the proceeds
of such sale all the sums due and payable including storage
fees and selling expenses. Any excess proceeds will be remitted
to the actual owner of the goods at the time that the sale
took place. Forty-eight (48) hours after issuing such notice,
the liability will become that of a warehouseman.
- Carrier undertakes to complete the
carriage hereunder with reasonable dispatch, subject to
the availability of equipment and space. Carrier may substitute
alternate carriers and may, without notice, substitute other
modes of transportation. Carrier is authorized to select
the routing or to deviate from the routing shown on the
face hereof. The transportation charges applicable to any
such substituted carriage shall be the air charge from origin
to destination via the route shown on the face hereof.
- Claim Procedures:
- No claim with respect to a
shipment, any part of which is received by the consignee,
will be entertained until all transportation charges
have been paid. The claimant may not deduct the amount
of a claim from monies owed the crew.
- Claims for loss or damage
must be made in writing to the Carrier’s Corporate
Office within 180 days from the date of shipment.
- A shipment from which the
Carrier receives a clear delivery receipt, such clear
delivery receipt shall be prima facie evidence that
the shipment received ordinary care in handling. Claims
for loss or damage discovered by the consignee after
a clear delivery receipt has been given to the Carrier
must be reported to the Carrier within 12 days from
the date of delivery with the privilege of the Carrier
to inspect the goods and packaging within 12 days after
receiving such notice.
- Claims for overcharge or duplicate
billing must be submitted in writing to the Carrier’s
Corporate Office within 1 year from the date of shipment.
- Carrier shall not be liable
for any action unless a claim has been filed and such
action is brought within one (1) year after the date
written notice is given to the claimant that the Carrier
has disallowed the claim in full or in part.
- The laws of the State of Texas
will apply.
- Transportation rates will be applied
against the actual or dimensional weight, whichever is higher.
Dimensional weight is calculated by multiplying the extreme
measurements of the pieces, in inches, and dividing the
result by 194 (domestic) or 166 (international). (Length
x width x height/194 or 166)
- Shipments unacceptable for transportation:
Unless otherwise expressly provided in LogNet Worldwide, Inc.’s tariffs, rules and regulations and subject
to any restrictions contained therein, the following items
will not be accepted for transportation: any shipment prohibited
by law; any shipment liable to contaminate or impregnate
other shipments; bonds, negotiable securities, currency,
money, coins of any kind, gems or precious stones (cut or
uncut), pearls, industrial diamonds, precious metal coined
or bullion, furs, fur clothing, jewelry; artwork (original
or reproduced) including but not limited to paintings, prints,
sculptures, statues; antiques; watches; bids, contracts,
or other time sensitive written material when the declared
value exceeds, $ .50 per pound; used household goods or
personal effects when the declared value exceeds five hundred
dollars ($500.00) per shipment; glass or glass items. LogNet Worldwide, Inc. is not liable for any loss, damage, delay, liabilities
or penalties resulting from the transportation of any of
the foregoing articles, however described or misdescribed
in this airbill, and no employee, agent or an independent
contractor of the forwarder has any authority to accept
such items for transportation to waive the limitations herein
set forth.
- LogNet Worldwide, Inc. will provide
C.O.D. (Collect on Delivery) service subject to the following
conditions:
- Shipper
must identify the shipment as C.O.D. shipment by entering
the amount to be collected in the shipper’s C.O.D.
box on the face hereof.
- Shipper must specify the type
of payment to be collected (i.e. cash, money order,
certified check, cashier’s check, customer/personal
check, etc.) in the special services area on the face
of the this airbill.
- LogNet Worldwide, Inc. will
collect the financial instrument specified by the shipper
or, in the absence of such specification, will collect
a company check if the shipment is directed to an individual.
LogNet Worldwide, Inc. neither guarantees the validity
of the colleted financial instrument, nor is LogNet Worldwide, Inc. liable for any loss, damage, or other adversity
arising from its collection of C.O.D. funds on behalf
of the shipper
- The shipper’s C.O.D.
amount will not be considered as the Declared Value
for Carriage. (See item 7 above)
- International air carriage is subject
to the rules relating to liability established by the Convention
for the Unification of Certain Rules relating to International
Carriage by Air, signed at Warsaw, October 12, 1929.
- Should any provision of this contract
or the application thereof, to any extent, he held invalid
or unenforceable; the remainder of this contract and the
application thereof other than those provisions as to which
it shall have been held invalid or unenforceable, shall
not be affected thereby and shall not be affected thereby
and shall continue valid an enforceable to the fullest extent
permitted by the law or equity.
- This contract shall be binding upon
and inure to the benefit of the parties hereto, their successors
and assigns.
- This contract shall be governed and
construed in accordance with the laws of the State of Texas.
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