Terms and Conditions of Contract
1. Select Transportation Corp will be referred to as the Company and Carrier.
2. Non-Negotiable Document – In tendering this shipment for Carriage and/or Transportation Logistics Services the Shipper, Consignee and Bill to party agree to these Conditions of Contract, which no agent or employee of the Company is authorized to waive or modify. The Shipper, Consignee and Bill to party also acknowledge that this air bill is non-negotiable and has been prepared by them or specifically on their behalf. The Shipper, Consignee and Bill to party agree that all services hereunder are subject to the terms and conditions stated herein.
3. Carrier Tariffs Govern – It is mutually agreed that the shipment described herein is accepted on the date hereof in apparent good order (except as noted) for carriage as specified herein, subject to governing tariffs in effect as of the date hereof. Said tariffs are available for inspection by the parties hereto and are hereby incorporated into and made part of this contract.
4. Contract Carriage and Opting out of the Carmack Amendment (and ICC Termination Act of 1995) - Where the Carmack Amendment (ICC Termination Act of 1995), and hereinafter referred to as "The Act", might otherwise be applicable, the Shipper, Consignee and/or bill to party, together with the Company, hereby specifically and expressly agree to opt out of the application of the Act and further state that at the sole option and discretion of the Company, the Company may choose to offer transportation services for the instant transaction on a contract carriage or forwarding basis; however in all cases, the Shipper, Consignee and/or Bill to party specifically and expressly agree to waive any and all rights and remedies under the Carmack Amendment and/or ICC Termination Act of 1995 and Carriage of Goods which would otherwise be subject to the Act. Specifically the aforementioned parties hereby agree that the provisions of the Act which pertain to notice of claim requirements, time for suit provisions, and limitations of liability provisions are without application. The terms and conditions and tariff provisions governing these areas are paramount and applicable to the exclusion of the Act.
5. Limitation of Liability - For all shipments, liability, in the absence of a higher declared value for carriage having been entered in the appropriate area on the face hereof and the corresponding charges having been paid, is limited to $.50 cents per pound or $50.00 whichever is higher. The liability amount will be determined based upon the weight of the damaged or missing goods without regard to the total weight per shipment. In no event shall the Company's liability exceed the declared value of the shipment or the amount of loss or damage actually sustained, whichever is lower. While subject to the liability limitations above, in no event may a shipper, consignee, or bill to party seek to declare value or otherwise increase The Company's liability on high value items such as artwork or jewelry, or other non-reproducible items such as cash, stocks, precious metals, negotiable instruments, etc. In such event, the maximum liability for same will be limited to $500.00 per shipment.
6. C.O.D. Shipments - Shipper, Consignee, and/or Bill to party must enter the amount of any shipper's C.O.D. which shall be collected subject to the fee and rules of the delivering carrier. Goods received with Merchant's or other person's instructions to "Collect on Delivery" ("C.O.D.") by drafts or otherwise, or to collect any specified terms by time drafts or otherwise, are accepted by Carrier only upon the express understanding that it will exercise reasonable care in selection of a bank, correspondent, carrier or agent to whom it will send such item for collections, and the carrier will not be responsible for any act, omission, default, suspension, insolvency or want of care, negligence or fault of such bank, correspondent, carrier or agent, nor for any delay in remittance lost in exchange or during transmissions, or while in the course of collection.
a) Carrier shall not be liable for the fraudulent acts of third parties, or forgery of documentation presented to Carrier.
b) Carrier shall be entitled to rely upon the facial validity of documents presented to Carrier and/or upon written instructions from the Merchant or Merchant's agents or representatives. In no event shall the Carrier be liable for Mis-delivery in excess of the amounts as set forth in paragraph 5, herein.
7. Terms of Payment and Lien Provisions – Net/15 days. A 1 and a half % per month late charge will be assessed against all past due balances.
The Company shall have a general lien on any and all property of the Shipper, Consignee, or Bill to party in its possession, custody, control or en route, for all claims for charges, expenses or advances incurred by the Company in connections with any shipments of the Shipper, Consignee, or Bill to party.
The carrier reserves the right to sell the goods at public auction or private auction at the sole discretion of the carrier upon proper and due notice to the Shipper, Consignee, and Bill to party who hereby warrant and represent that they have title to the subject goods, and that upon receipt of notice in accordance with these provisions, they will undertake to notify any other parties with a beneficial interest in the subject goods. Shipper, Consignee, and Bill to party further warrant, represent and agree to indemnify and hold harmless Carrier from any actions brought by any such third parties arising out of said Shipper's, Consignee's, and Bill to party's breach of said warranties, or failure to pay for storage charges. Additionally, the lien shall be applicable for all outstanding storage charges whether arising out of the subject goods, or on a past due account.
8. Insurance - The Company shall be under no obligation to procure insurance unless requested in writing and agreed to by the company in writing.
9. Merger - If any provisions of this contract, is determined to be invalid or unenforceable, the remainder of the contract shall not be affected thereby.
10. Third Parties - In any case or event wherein the Carrier utilizes the services of a third-party in the delegation of any contractual or other obligations on the part of the Carrier, said third-party shall be deemed to be an agent of the Shipper, Consignee, and/or Bill to party, and Carrier states that it will only exercise reasonable care in the selection of said third parties, and Carrier shall not be directly or vicariously liable for any act or omission on the part of said third-party.
11. Moisture Disclaimer - The Shipper, Consignee, and/or Bill to party hereby agrees that whether or not Carrier has agreed to pack, load, or otherwise package or secure Goods, the Carrier is not liable for exposure to rain or other moisture unless the Carrier specifically agrees in writing to protect the Goods from same, and the Shipper, Consignee, and/or Bill to party pays additional and special compensation. In no event shall carrier be liable in excess of the liability limits set forth in paragraph 5.
12. Use of Other Carrier – Shipment may, without notice, be diverted to motor or other carrier as per tariff rule unless Shipper, Consignee, and/or Bill to party provide express written instructions to the contract.
13. Shipper Responsibility – (a) The Shipper is responsible for preparing, marking, packing, and labeling his shipment so as to ensure safe transportation with ordinary care in handling. Carrier will accept all shipments subject to inspection but shall not be obligated to perform such inspections.
14. Exclusions – The Carrier shall not be liable for loss, damage, delay, or other result caused by (a) Acts of God, perils of the air, public enemies, public authorities acting with actual or apparent authority in the premises, authority of law, quarantine, riots, strikes, civil commotions, or hazards or dangers incident to a state of war or undeclared war; (b) the act or default of the Shipper or Consignee; (c) the nature of the shipment, or any defect, characteristic or inherent vice thereof; (d) violation by the Shipper or Consignee of any of the rules contained in applicable tariffs, including, but not confirmed to, improper or insufficient packing, securing, marking, or addressing, and failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable on under certain conditions, or (e) compliance with delivery instructions from the Shipper of Consignee or non-compliance with special instructions from the Shipper or Consignee no authorized by applicable tariffs.
The Shipper, Consignee, and/or Bill to party agrees that the Carrier shall in no event be liable for any loss, damage or expense incurred by the Shipper, Consignee, and/or Bill to party, whether arising out of delay, physical damage to the goods, or other goods or property belonging to third parties, documentary error(s), mis-delivery, loss of property, tender to unauthorized parties, or any other act or omission or other cause resulting from the negligence or other fault of the Carrier for any amount in excess the limitations of liability set forth in paragraph 5 above.
Furthermore, the Carrier's responsibility shall cease when delivery has been made to merchant, and person authorized by Shipper, Consignee, and/or Bill to party to receive the goods, or authorized Governmental or Customs personnel as required or authorized by local authorities or regulations, or in accordance with this agreement as more specifically set forth herein, at the sole option of the carrier.
15. Quotations Not Binding - "Quotations as to fees, rates-of duty, freight charges, insurance premiums or other charges given by Carrier to Shipper, Consignee, and/or Bill to party are for informational purpose only and are subject to change without notice and shall not under any circumstances be binding upon Carrier. The Shipper, Consignee, and/or Bill to party hereby understands and agrees that the Carrier may be relying upon the rates of sub-contracting third-party carriers in offering these rates, and that those rates may be subject to space availability, and where said subcontracting third-party carriers do not honor quoted rates, or where the agreed upon rates are otherwise not honored due to circumstances beyond the control of the Carrier, Carrier shall not be liable thereunder and in no event shall be liable in excess of the amounts as specified in Paragraph 5 above.
16. Consequential Damages - In no event shall Company be liable or responsible for consequential, indirect, incidental , statutory or punitive damages, including but not limited to damage to third parties, damage to third parties' goods, lost profits, market share, or otherwise, whether or not Carrier had knowledge that such damages might be incurred. Subject to the foregoing and without waiving same, any such liability is limited to the amounts set forth in Paragraph 5 above.
17. Schedules Not Guaranteed – Except as otherwise provided herein the Carrier has not obligation to commence or complete transportation within a certain time according to any specific schedule, or make connections with any other carrier, or for error in any statement of times of arrival or departure. Subject to the foregoing and without waiving same, any such liability is limited to the amounts set forth in Paragraph 5.
18. Claims Time Limits and Procedures – All Claims, including claims for overcharges, must be made in writing to The Company within a period of thirty (30) days after the date of acceptance of the shipment. Failure to comply shall constitute a full waiver and abandonment. Damage and/or loss discovered by the Consignee, or his agents, after delivery and after a clear receipt has been given to the Carrier must be reported in writing to The Company within 5 days after delivery of the shipment, with privilege to the Carrier to make inspection of the shipment and container(s) within 15 days after receipt of such notice. Compliance herewith will constitute a condition precedent to maintenance of action and it shall also be presumed that any damage, loss, or shortage not noted within this period of time, occurred after said time period. No action will be maintained on any claims until all transportation charges have been paid. No Carrier shall be liable on any action brought to enforce a claim unless the above provisions have been met by the proper claimant and unless such action is brought within one year or of notice of loss damage, or the date the cargo arrived or was to have arrived, whichever is shorter.
19. Indemnity – The Shipper, Consignee, and Bill to party shall be liable, jointly and severally, to pay or indemnify the Carriers for all claims, fines, penalties, damages, costs or other sums which may insured, suffered or disbursed by a carrier by reason of any violation of any of the rules contained in applicable tariffs or any other default of the Shipper, Consignee, and Bill to party or such other parties with respect to a shipment.
20. Venue and Choice of Law - Any action or legal proceeding brought against the Carrier and arising out of the instant air waybill shall be commenced in the United States District Court for the Southern District of New York, and same shall be the exclusive forum jurisdiction for such disputes where subject matter jurisdiction is present. In all other cases, the exclusive forum and jurisdiction shall be the State Courts in and for the State of New York. Any disputes shall be determined according to the substantive law of New York; and the Shipper, Shipper, Consignee, Bill to party agree to pay all reasonable attorneys, legal, court costs and or collections fees incurred by the company in enforcing any of the terms of this agreement. Shipper, Consignee or Bill to party further agree to pay interest on all charges older then 30 days from invoice date, at the rate of 18% per year, or the highest rate permissible by law, which ever is greater.