THIS FORMS A PART OF A CONSOLIDATION SHIPMENT COVERED BY A DELIVERY ORDER DECLARED HEREIN.
By tendering goods and personal effects for shipment via Forex Cargo (“Company”) and its online order system, the Shipper agrees to the terms and conditions stated herein and the declarations of the Shipper submitted via the online order entry (“invoice”) which are incorporated herein by reference. No agent or employee of “Company” or the Shipper may alter these terms and conditions.
1. THE INVOICE.
The invoice is non-negotiable and the Shipper acknowledges that it has been prepared by the Shipper or by the Company on behalf of the Shipper. The Shipper warrants that it is the owner of the goods transported hereunder, or it is the authorized agent of the owner of the goods, and that it hereby accepts the Company terms and conditions for itself and as agent for and on behalf of any other person having interest in the shipment.
2. SHIPPER’S OBLIGATIONS AND ACKNOWLEDGEMENTS.
The Shipper warrants that each article in the shipment is properly described on this invoice and has not been declared by the Company to be unacceptable for transport and that shipment is properly marked and packed to ensure safe transportation with ordinary care in handling.
The Shipper hereby acknowledges that the Company may abandon and/or release any item consigned by the Shipper to the Company which the Company has declared to be unacceptable or which the Shipper has undervalued for Customs’ purposes or misdescribed hereon, whether intentionally or otherwise, without incurring any liability whatsoever to the Shipper and the Shipper will save and defend, indemnity and hold the Company harmless for all claims, damages, fines and expenses arising therefrom.
The Shipper shall be liable for all costs and expenses related to the shipment and for costs incurred in either returning the shipment to the Shipper or warehousing the shipment pending disposition.
Shipper further warrants that the addressee can be found and identified by agents of the company at the point of destination without extreme difficulty. If Company is unable, after exercising due diligence to locate and identify the addressee of the cargo at the address indicated in the cargo box and shipping document, Company shall notify shipper of its inability to find the addressee. Company shall also notify Shipper of the location of the warehouse where the cargo is deposited. It shall then be the obligation of the Shipper to notify his/her addressee to claim the cargo at the Company’s designated warehouse. If the address or Shipper does not claim the cargo at Company’s designated warehouse within six (6) months from the attempted delivery of the address indicated in the cargo box, Company shall have the right to dispose of the cargo in any manner it deems reasonable to cover its costs.
3. RIGHT OF INSPECTION OF SHIPMENT.
The Company has the right, but not the obligation, to inspect any shipment including, without limitation, opening their shipment.
4. LIEN ON GOODS SHIPPED.
The Company shall have lien in any goods shipped for all freight charges, customs duties, advances or other charges of any kind arising out of the transportation hereunder and may refuse to surrender possession of goods until the such changes are paid.
In the event any check paid by Shipper to Company pursuant to this contract is returned by the bank unpaid for any reason, Company has the right to hold shipper’s cargo until shipper shall have fully paid his/her obligation herein. If full payment has not been received within six months from date of this contract, Company has the right to dispose of shipper’s cargo in any manner it deems reasonable to cover Shipper’s liabilities under this contract.
5. LIMITATION OF LIABILITY.
The liability of the Company for any loss or damage to the shipment (which term shall include all goods and effects consigned to the Company under this invoice) is limited to the lesser of:
a. US$ 200.00 for regular and larger-size boxes; $100 for smaller-than-regular boxes; or,
b. The actual verified amount of loss or damage to the goods and effects.
6. CONSEQUENTIAL DAMAGES EXCLUDED.
The Company shall not be liable, in any event, for any consequential or special damages or other indirect loss, however arising whether or not the Company had knowledge that such damages might be incurred, including but not limited to, loss of income, profits, interest, utility or loss of market.
7. LIABILITIES NOT ASSUMED.
While the company will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules, the Company, WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR DELAY IN PICKUP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT, REGARDLESS OF SUCH CAUSE OF THE DELAY.
Further, the Company shall not be liable for any loss, damage, misdelivery or nondelivery;
a.) due to act of God, force majeure occurrence or any cause reasonably beyond the control of the Company, or
b.) Caused by:
(i) The act, default or omission of the Shipper, the Consignee or any other party who claims an interest in the shipment (including violation of any term or condition hereof), or of any person other than the Company or of any Customs or other Government officials, or of any Postal Service, forwarder of other entity or person to whom a shipment is tendered by the Company for transportation to any location not regularly served by the Company regardless of whether the Shipper requested or had knowledge of such third-party delivery arrangement.
(ii) The nature of the shipment or any defect, characteristic, or inherent vice thereof; (iii) Electrical or magnetic injury, erasure, or other such damage to electronic or photographic images or recordings, in any form.
c.) Value of goods and personal effects not declared in invoice.
a.) Any claim must be brought by the Shipper and delivered in writing to the Company in the location within 30 days of the date of the delivery to destination. No claim may be made outside of that time limit.
b.) No claim for loss or damage will be entertained until all transportation changes have been paid. The amount of any such claim may not be deducted from any transportation charges owed the Company.
c.) When claims are paid, the Company will not reimburse the basic cost of shipment, pick-up and delivery.
These terms and conditions shall apply to, and inure to the benefit of the Company and its authorized agents and affiliated companies, and their officers, directors, and employees.
10. MATERIALS NOT ACCEPTABLE FOR TRANSPORT.
The Company will not accept commercial goods (more than a dozen of any kind) and will not carry:
|Negotiable instruments in bearer form; Electrical Appliances:||Precious Metals|
|Lewd, obscene or pornographic materials||Money Orders|
|Gambling Paraphernalia||Traveler’s Checks|
Industrial carbons and diamonds; Communication Equipment and Industrial carbons and diamonds; Communication Equipment and Computers;
Combustible materials; Motor Vehicle parts; Microwave Ovens;
Property the carriage of which is prohibited by law, regulation or statute of any federal, state or local government of any country from, to or through which the shipment may be carried.
If any part of the shipment may be or is deemed by Customs or other regulatory government as commercial goods, Shipper agrees to pay additional fees, taxes, fines, surcharges, duties, etc.
11. EXPENSES INCURRED BY THE COMPANY.
Any expenses incurred by the Company on behalf of Shippers including, but not limited to, taxes, interests, penalties, fines, surcharges, duties, etc., arising from non-declaration or misdeclaration shall be reimbursed or refunded by Shipper upon submission by the Company of proper proof or evidence for such expenses. In such an event, the Company is entitled to hold, retain or impound the shipment as surely for payment until said refund or reimbursement is fully satisfied.