Terms of Carriage
TERMS AND CONDITIONS OF CARRIAGE
IMPORTANT NOTICE
When ordering American Export Lines/ShipIt.com’s services, you, as “Shipper”, are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that American Export Lines/ShipIt.com accepts the Shipment unless otherwise agreed in writing by an authorized officer of American Export Lines/ShipIt.com. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected. “Shipment” means all documents or parcels that travel under one waybill and may be carried by any means American Export Lines/ShipIt.com chooses, including air, road or any other carrier. A “waybill” shall include any label produced by American Export Lines/ShipIt.com’s automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then Shipment Value Protection may be arranged at an additional cost. (Please see below for further information).
1. Customs, Exports and Imports
American Export Lines/ShipIt.com may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper: (1) complete and transmit (manually or electronically) any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver’s import broker or other address upon request by any person who American Export Lines/ShipIt.com believes in its reasonable opinion to be authorized.
2. Unacceptable Shipments
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if: • It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization; • No customs declaration is made when required by applicable customs regulations; or • American Export Lines/ShipIt.com decides it cannot transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).
3. Deliveries & Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, American Export Lines/ShipIt.com shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold by American Export Lines/ShipIt.com without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.
4. Inspection
American Export Lines/ShipIt.com has the right to open and inspect a Shipment without prior notice to Shipper.
5. Shipment Charges & Billing
American Export Lines/ShipIt.com’s Shipment charges may be based on the higher of customer designated weight, the actual or volumetric weight, or a default weight where appropriate. Any Shipment may be re-weighed and re-measured by American Export Lines/ShipIt.com to confirm this calculation. If the Shipper does not record a weight on the waybill at the time of shipment tender and the shipment is not re-weighed or re-measured, then a default weight will be applied to the shipment. If the shipper fails to indicate both the shipment weight and package type as required on the waybill, then American Export Lines/ShipIt.com may, at its discretion, apply a default weight. Shipper shall pay or reimburse American Export Lines/ShipIt.com for all Shipment charges, storage charges, duties and taxes owed for services provided by American Export Lines/ShipIt.com or incurred by American Export Lines/ShipIt.com on Shipper’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2. Claims for overcharges, credits and invoice charges must be made in writing to American Export Lines/ShipIt.com within one (1) year after the date of acceptance of the shipment by American Export Lines/ShipIt.com. The amount of the overcharge and/or credit claim may not be deducted from transportation charges.
6. American Export Lines/ShipIt.com’s Liability
American Export Lines/ShipIt.com’s liability is strictly limited to direct loss only and to the per kg. /lb. limits in this Section 6. If Shipper regards these limits as insufficient it must make a special declaration of value and request Shipment Value Protection as described in section 8 (Shipment Value Protection) or make its own insurance arrangements. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to American Export Lines/ShipIt.com’s attention before or after acceptance of the Shipment since special risks can be insured by Shipper. If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. American Export Lines/ShipIt.com’s liability in respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed the greater of; $US 100; or For certain international Shipments in which the Warsaw Convention applies, approximately $US 20.00/kg. or $US 9.07/lb., depending on the applicable law; or $US 10.00/kg. or $US 4.54/lb. for Shipments transported by road (not applicable to the US).
7. Claims
Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith. All claims for international shipments must be submitted in writing to American Export Lines/ShipIt.com within thirty (30) days from the date that American Export Lines/ShipIt.com accepted the Shipment, failing which American Export Lines/ShipIt.com shall have no liability whatsoever. All claims for domestic U.S. shipments must be submitted in writing to American Export Lines/ShipIt.com within ninety (90) days from the date that American Export Lines/ShipIt.com accepted the Shipment, failing which American Export Lines/ShipIt.com shall have no liability whatsoever. All of the original shipping cartons, packing and contents must be made available for American Export Lines/ShipIt.com's inspection and retained until the claim is concluded. American Export Lines/ShipIt.com is not obligated to act on any claim until all transportation charges have been paid.
8. Shipment Value Protection
If the Shipment has an actual value greater than the liability limits listed in Section 6, American Export Lines/ShipIt.com can arrange shipment value protection for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment provided Shipper completes the Declared Value for Carriage section on the front of the waybill or requests it via American Export Lines/ShipIt.com's automated systems and pays the applicable premium. Shipment Value Protection does not cover indirect loss or damage, or loss or damage caused by delays. If Shipper does not declare a value for carriage and pay the appropriate charge, Shipper assumes all risks of loss or damage over the amount of American Export Lines/ShipIt.com's liability as stated in Section 6.
9. Delayed Shipments
American Export Lines/ShipIt.com will make every reasonable effort to deliver the Shipment according to American Export Lines/ShipIt.com's regular delivery schedules, but these are not guaranteed and do not form part of the contract. American Export Lines/ShipIt.com is not liable for any damages or loss caused by delays.
10. Circumstances Beyond American Export Lines/ShipIt.com’s Control
American Export Lines/ShipIt.com is not liable for any loss or damage arising out of circumstances beyond American Export Lines/ShipIt.com’s control. These include but are not limited to: “Act of God” - e.g. earthquake, cyclone, storm, flood, fog; “Force Majeure” - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to American Export Lines/ShipIt.com; riot or civil commotion; any act or omission by a person not employed or contracted by American Export Lines/ShipIt.com, e.g. Shipper, Receiver, third party, Customs or other government official; labor strike; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
11. Warsaw Convention
If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, if applicable, governs and in most cases limits American Export Lines/ShipIt.com s liability for loss or damage.
12. Shipper’s Warranties and Indemnity
Shipper shall indemnify and hold American Export Lines/ShipIt.com harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s breach of the following warranties and representations: • all information provided by Shipper or its representatives is complete and accurate; • Shipper protected the Shipment against unauthorized interference during preparation, storage and transportation to American Export Lines/ShipIt.com; • the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling; • all applicable Customs, import, export and other laws and regulations have been complied with; and • the waybill has been signed by Shipper’s authorized representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.
13. Routing
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places which American Export Lines/ShipIt.com deems appropriate.
14. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment.
15. Severability
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.