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1. DEFINITIONS
On
our Bill of Lading, we, our, and us refer
to Blue Water Consolidators, its subsidiaries,
its employees and agents. You and your,
refer to the sender, its employees and
agents.
2. AGREEMENT
TO TERMS
By giving us
your freight to deliver, you agree to all
the terms on our Bill of Lading and to the
rules, rates and classifications we set forth
that are effective upon the ship date of
the Bill of Lading, which are available upon
request. No one is authorized to alter, waive
or modify the terms of our Agreement.
3. ROUTING
REQUIREMENTS
We will exercise
due diligence in order to protect all property
accepted for transportation. In the absence
of specific instructions we may divert any
shipment to other modes of transportation
at our discretion. Regardless of the method
of transportation employed our freight charges
from origin to destination will apply.
4. RESPONSIBILITY
FOR PACKING AND COMPLETING AIRBILL
You are responsible
for adequately packing your goods and for
properly completing the Bill of Lading. You
must properly identify and pack the items
for safe transportation with normal handling.
Any article susceptible to damage by ordinary
handling or as a result of any conditions
normally encountered in transportation must
be authorized and adequately marked with
handling requirements. WORKS OF ART must
be crated completely in wood by a professional
crating service or we will not accept responsibility
for condition of contents. Because the number
of packages, commodity, weight and service
level required are critical to our ability
to serve you, any omission of this information
from the Bill of Lading will result in performance
and billing based on our best estimate. We
will not be responsible for service failures
or overcharges due to inadequate information
provided. All shipments are subject to reweigh
and / or dimensional weight.
5. LIMITATIONS
ON OUR LIABILITY
Our liability
for loss or damage to your package is limited
to fifty cents per chargeable pound on the
damaged portion of the shipment, or $50.00
whichever is greater, unless you declare
a value in writing, on the bill of lading
at the time of shipment and pay the applicable
fee for a higher value. In any case our liability
will be the lesser of your declared value,
the actual value of your package, the cost
of repair, or replacement with comparable
item. Our liability on used goods will be
based on the depreciated value of the item.
Whether or not a value was declared on a
shipment, our limit of liability on a partially
damaged or partially delivered shipment is
determined by using the lowest result of
the following calculations: (1) (Our limit
of liability) divided by (the total chargeable
weight of the shipment) multiplied by (the
chargeable weight of the damaged or undelivered
portion of the shipment) = our limit of liability
on the damaged or undelivered portion of
the shipment; (2) (Our limit of liability
on the total shipment) divided by (the total
number of pieces in a shipment) multiplied
by (the number of pieces of the damaged or
undelivered portion of the shipment) = our
limit of liability on the damaged or undelivered
portion of the shipment. We will not accept
liability for delays or damages resulting
from acts or omissions including, but not
limited to, improper or insufficient packing,
securing, marking or addressing, or for the
acts or omissions of the recipient or anyone
else with an interest in the package. Also,
we will not be liable if you or the recipient
violates any terms of the agreement. We will
not be liable for loss, damage or delay caused
by events we cannot reasonably foresee or
control including, but not limited to, acts
of God, perils of the air, weather conditions,
mechanical delays, acts of public enemies,
war, strikes, civil commotions, inherent
nature or vice of the shipment or acts or
omissions of public authorities (including
customs and quarantine officials) with actual
or apparent authority. WE WILL NOT BE LIABLE
IN ANY CASE FOR INCIDENTAL, CONSEQUENTIAL
OR SPECIAL DAMAGES, WHETHER OR NOT WE KNEW
THAT SUCH DAMAGES MIGHT BE INCURRED.
6. RIGHT
TO INSPECT
We may, at
our option, open and inspect your package.
7. FILING
A CLAIM
ALL CLAIMS
MUST BE MADE BY YOU IN WRITING: *WITHIN 15
DAYS AFTER WE DELIVER YOUR PACKAGE IF YOUR
CLAIM RESULTS FROM SHORTAGE/DAMAGE; OR *
WITHIN 60 DAYS AFTER WE ACCEPT YOUR PACKAGE
IF YOUR CLAIM RESULTS FROM NON-DELIVERY.
Within 90 days after you notify us of your
claim you must send us all relevant information
about the shipment. We are not obligated
to act on any claim until you have paid all
transportation charges and you may not deduct
the amount of your claim from those charges.
We reserve the right to salvage all items
being replaced or paid for. If the recipient
accepts your package without noting any damages
on the delivery record, we will assume that
the package was delivered in good condition.
In order for us to process your claim, you
must, to every extent possible, make the
original cartons and packing available for
inspection. Claims for overcharges and refunds
must be made in writing within 10 days of
the invoice date. We will not be liable in
any action unless a claim has been filed
and such action is brought within 1 year
after the date of the written notice is given
to the claimant that we have disallowed the
claim in full or in part.
8. AVIATION
SECURITY CONTROLS
Cargo items
tendered for air transportation are subject
to aviation security controls by air carriers
and when appropriate, other government regulations.
Copies of all relevant documents showing
the cargo's consignee, consignor, description,
and other relevant data will be retained
on file until the cargo completes its air
transportation.
9. RESPONSIBILITY
FOR PAYMENT
Regardless
of the payment instructions, you and the
consignee will be jointly and severally responsible
for all delivery costs, as well as any costs
we may incur in returning your package to
you or warehousing it pending disposition
or any collection and/or attorney fees required
for recovery of payment. We reserve the right
to reject a Third Party Billing and/or demand
payment on delivery for any shipment indicated
as Third Party Billing or Collect.
10. QUALIFIED
ACCEPTANCE
We reserve
the right to reject a shipment after acceptance
and prior to the performance of any portion
of the transportation service at our discretion.
11. FINAL
DISPOSITION
In the event
of the failure or inability of the consignee
to take delivery of the shipment, we will
notify you in writing at the address shown
on the Bill of Lading and request disposition
instructions. If you fail to provide final
disposition instructions within 30 days after
being notified we will return the shipment
at your expense. If you fail to accept delivery
of the shipment thus returned we may, after
30 days notice, dispose of the shipment at
public or private auction and pay out the
proceeds to satisfy the transportation and
storage fees owed on the shipment. Any sums
collected by us n excess of owed charges
will be paid to the shipper. No sale or disposal
pursuant to this rule will discharge any
liability or lien to any greater extent than
the proceeds thereof. You and the consignee
shall remain liable, jointly and severally,
for deficiency.
12. INVALID
PROVISIONS
To the extent
that it is not governed by Federal law this
contract and the price lists incorporated
by reference shall be construed, and the
performance of the transportation hereunder,
shall be determined in accordance with the
laws of the State in which the shipment is
accepted by us. If any provision of this
contract including the price list incorporated
by reference is determined to be invalid
or unenforceable the remainder of this contract
shall not be affected thereby.
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