1) In tendering the shipment described herein for carriage, Shipper agrees to these Conditions of Contract which no agent or employee of the parties may alter, and that this Bill of Lading is non-negotiable and has been prepared by him or on his behalf by the carrier.
2) Shipper warrants that the shipment is packaged adequately to protect the enclosed goods and to ensure safe transportation with ordinary care and handling, and that each package is appropriately labeled and is in good order (except as noted) for carriage specified herein.
3) Liability will not be assumed in cases of damages to uncrated, unprotected, or improperly packaged merchandise handled by the carrier on a “hold harmless” basis.
4) By this reference, Carrier and shipper hereby agree to incorporate into and make part of this contract Carrier’s published tariffs, rules, and regulations. Said tariffs are available for inspection by the parties hereto.
5) In consideration of the rates charged, Shipper agrees that the carrier’s liability is limited to 50¢ per pound of damaged or lost goods (but not less than $50.00 minimum per shipment) unless a higher value is declared in writing and applicable valuation charges paid. (Valid for USA & PR)
6) Carrier shall not be liable in any event for any consequential or special damages whether or not the carrier had knowledge that such damages might occur.
7) Shipper 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.
8) Delivery will be made by the delivering carrier to the Consignee at a point where delivery service is available at applicable tariff charges unless instructions are specified by Shipper under Special instructions.
9) If Dimensional Weight applies under tariff rule, show dimensions in inches on Bill of Lading, thus: Length X Width X Height = Cubic inches.
10) Shipment may be diverted to motor or other carrier as per tariff rule unless Shipper gives other instructions hereon.
11) The shipper and Consignee shall be liable, jointly and severally, to pay or indemnify Carrier for all claims, fines, penalties, damages, costs, or other sums which may be incurred, suffered or disbursed by Carrier by reason of any violation of any of the rules contained in our tariff, governing regulations, or any other default of the Shipper or such other parties with respect to a shipment.
12) Written notice of claim for loss, damage, or non-delivery must be received by Naniq Global Logistics, LLC (NGL) within 180 days after tendering the shipment for carriage. Claims for concealed damage or loss must be received in writing by NGL within 7 days of delivery, and merchandise must be retained in the original shipping containers until NGL Corporate has made inspection thereof.
a) All shipments are subject to inspection by the carrier but the carrier is not obligated to perform such inspection.
13) NGL is not liable for any loss, damage, mis-delivery or non-delivery caused by:
a) The act default or omission of a carrier, the customer or any other party who claims interest in the shipment; or the nature of the shipment or any defect therein; or a violation by the customer or of any provision of this agreement, the BOL, the carriers tariff, including improper or insufficient packing, securing, marking, or addressing; or failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions; or acts of God, perils of the air, public enemies, port authorities, acts or omissions of customs or quarantine officials, war, riots, strikes, labor disputes, shortages, weather conditions or mechanical delay or failure of vehicles, aircraft or other equivalent; or the acts or omissions of any person other than employees of NGL; or the selection of a carrier for particular shipment. Customer acknowledges that in order to provide competitive rates for the services, that the parties have agreed as a material term of this Agreement that the risk of loss or damage incurred as a result of NGL’s alleged liability shall be limited to the fees that NGL has earned with respect to the subject shipment.
b) Customer specifically acknowledges that NGL shall have no liability for negligent acts or omissions of its employees except to the extent such actions or omissions constitute gross negligence.
14) International air carriage (as defined in Forwarder’s tariff) 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. Carrier liability on international shipments is $50.00 minimum or $9.07 per pound, whichever is greater, unless a higher value is declared herein and applicable charges paid thereon.
a) In Accordance with the Warsaw Convention governing international air carriage, the person entitled to delivery must make a claim in writing to NGL in the case of visible damages to the goods, immediately after discovery of the damages and at the latest within 14 days from receipt of goods.
b) Of other damage to the goods, within 14 days from the date of receipt of the goods.
c) Of non-delivery of the goods, within 120 days from the date of the issue of the Bill of Lading.
d) Any rights to damages or losses against NGL for any international air carriage shall be extinguished unless an action is brought within two years from the date of arrival at the destination from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped.
15) Insurance, when applicable charges are paid thereon, is an all risk policy covering in transit damage except for improper packing and inherent vice of the goods. This insurance will terminate upon delivery to the destination point so named on the Bill of Lading.
16) Carrier shall have the right to refuse any article, the transportation which is prohibited by its tariff, or by applicable laws, orders, regulations, or the transportation of which, in the carrier’s judgment, would be unsafe. If such freight should be inadvertently accepted or transported, the carrier reserves the right to remove it, and if necessary, to abandon it. Where circumstances permit, such freight will be stored at shipper’s expense pending disposition instructions from the shipper.
17) If for any reason, it is impossible for the carrier to complete this contract of carriage, or if the consignee fails to accept delivery of the goods, the carrier may store the goods at the storage rates provided in its tariff, or at its option, may store the goods in the public warehouse in which event the storage charge by such warehouse shall apply.
18) Goods that remain unclaimed for a period of thirty days may be sold by the carrier at public or private sale and the proceeds of such sale may be applied against any outstanding freight charges, advances, or charges of any kind, which are due. Any balance remaining after payment of such charges will be remitted to the shipper. However, THE SHIPPER, CONSIGNEE, AND OWNER SHALL REMAIN JOINTLY AND SEVERALLY LIABLE TO THE CARRIER FOR ANY DEFICIENCY SHOULD THE PROCESS OF SUCH SALE BE INSUFFICIENT TO OFFSET ALL CHARGES DUE THE CARRIER WITH RESPECT TO THE GOODS.
19) Quotations as to freight charges, insurance premiums and/or other charges given by the Company to the Customer are for information purposes only and are subject to change without notice, and shall not, under any circumstances be binding upon the Company, unless the Company specifically undertakes in writing, to handle the transaction at a specific fixed rate without change.
a) Rate estimates are based on information provided by the customer. Final rate will be based on actual dimensions, weight of shipment, freight description, and NMFC Classification as applicable.
b) Rate(s) are subject to carrier’s general rate increases at time of shipment.
20) Terms of payment, charges are due on date of Invoice. A service charge of 1.5%, or the maximum allowable by law, will be charged on all past due charges exceeding 30 days. Shipper and consignee jointly and severally agree to pay all reasonable legal and or collection fees incurred by the carrier in securing payment for all charges related to this shipment.
21) As Directed by the TSA, all cargo tendered for air transport is subject to inspection .
22) Rates are subject to Fuel Surcharge in effect at time of shipment as listed on NGL Website.
23) Sailing schedules are ESTIMATED and subject to change due to weather, operations, etc.
* All Terms and Conditions Subject to Change (with or without notice)