OUR CONDITIONS OF CONTRACT
In these Conditions: CARRIER means AIRLANSEA LLC (AIRLANSEA), GOODS means packages, items and or documents consigned by a customer from one address to another, CUSTOMER means anybody that consigns goods to AIRLANSEA LLC. In this contract and the Notices appearing hereon: CARRIER includes the air carrier issuing an air waybill/bill of lading and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage. The shipment accepted for AIRLANSEA LLC by its employees and agents (referred to collectively hereinafter as ‘AIRLANSEA’) is subject to the terms and conditions set out hereunder. (1). The Air Way Bill (AWB) & Bill of Lading (BL). The AIRLANSEA LLC Air way bill and Bill of Lading are non-negotiable, and the shipper acknowledges that it has been prepared by the shipper or by AIRLANSEA LLC on behalf of the shipper.
The responsibility of AIRLANSEA LLC for a shipment accepted under an air way bill or bill of lading ceases when the consignee receives same and or acknowledges receipt of the shipment by affixing the signature on the "Proof of Delivery" copy and / or the Delivery Sheet. (2). Shippers Obligation and Acknowledgement By tendering materials for shipment via AIRLANSEA LLC, it is deemed that the shipper agrees to the terms and conditions stated herein. The shipper warrants that he is the owner or the authorized agent of the owner of the goods transported hereunder, and that the shipper hereby accepts AIRLANSEA LLC terms and conditions for self and as agent for and on behalf of any other person having any interest in the shipment. The shipper warrants that each article in the shipment is properly described on the Air way bill or Bill of Lading and it does not contravene the provisions of the USA Postal Act and has not been declared by AIRLANSEA LLC to be unacceptable for transport as specified under section 10 below and that the shipment is properly marked, addressed and packed to ensure safe handling.
The shipper shall be solely 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 such return. The shipper accepts the condition that the shipment is being carried by AIRLANSEA LLC from the point of tendering only up to the address shown on the Air way bill or Bill of Lading otherwise stated, and that in case the shipment has to be returned/redirected/returned for any reason whatsoever, the shipper shall pay in advance all charges levied by AIRLANSEA LLC for such rerouting/redirection/return as per the normal schedule of charges of AIRLANSEA LLC applicable thereon, AIRLANSEA LLC will hold such shipments at the destination mentioned on the AWB for a maximum of 3 days from the date of the shipment without informing the shipper and the shipper hereby indemnifies AIRLANSEA LLC against any claim or liability. Packing of the materials tendered for shipment is the responsibility of the shipper, including placement of such materials include containers supplied by AIRLANSEA LLC, if any. Not such standing anything else in these Terms and Conditions, the shipper indemnifies AIRLANSEA LLC from any loss or claims arising from breakage or damages to the materials shipped. (3).
AIRLANSEA LLC right of Inspection of Shipment: AIRLANSEA LLC has the right, but not the obligations, to open and/or inspect any shipment. Shipments shall be tendered to AIRLANSEA LLC in an "Open Condition" and shall be accepted only after an inspection of its contents by an AIRLANSEA LLC employee to ensure its conformity with these Terms and Conditions & the regulations of TSA. AIRLANSEA LLC reserves the right to refuse shipments under these Terms and Conditions without assigning any reason whatsoever. Chargeable Weight: Every shipment shall be charged by its chargeable weight as defined hereunder and not its actual weight. The chargeable weight shall be the higher of: the actual weight rounded off to the higher LB/KG/Cubic ft. as per the category agreed to, or the volume of weight similarly rounded off as in (a) above. Volume weight of the shipment in LBS/Cubic ft is its gross cubic inches divided by 366 and the resultant answer multiplied by 2.2 (4). Lien on goods shipped: AIRLANSEA LLC shall have a lien on any goods shipped for all freight charges, State/Local taxes.
Advances or other charges of any kind arising out of transportation hereunder and may refuse to surrender possession of the goods until such charges are paid. DOMESTIC CARRIAGE - Limitations of Liability (5). Without prejudice to Section 7 and Section 8, the liability of AIRLANSEA LLC for any loss or damage to the shipment (which terms shall include all documents or parcels consigned through AIRLANSE LLC) shall be $100.00: The amount of loss or damages to the package or parcel actually sustained, or The actual value of the package or parcel as determined hereunder, without regard to the commercial utility or special value of the shipper: the actual value of a package or consignment shall be ascertained by reference to its cost of preparation or replacement, reconstruction value at the time and place of shipment, but under no circumstances shall exceed $100.00. The actual value of a package/parcel (which terms shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost of repair or replacement resale or fair market value not exceeding the original cost of the article actually paid by the shipper, always within the overall limit of $100.00. Consequential Damages Excluded (6).
AIRLANSEA LLC shall not be liable in any event, for any consequential or special damages or other direct or indirect loss, whatsoever arising, whether or not AIRLANSEA LLC had knowledge that such damages might be incurred including but not limited to loss of income, profits, interest, utility of loss of market. (7). Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s agents, employees, and representatives and to any person whose aircraft, vessel, or equipment is used by Carrier for carriage and such person’s agents, employees and representatives. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft, vessels, or modes of transport without notice but with due regard to the interests of the shipper. Receiver shall hold AIRLANSEA LLC non liable for charges and or losses incurred for none pickup of AIR freight packages in excess of a standard pallet, (42”x48”x60”) from the arrival AIRPORT. AIRLANSEA LLC is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof. (8). Liabilities Not Assumed: In particular,
AIRLANSEA LLC will not be liable for any loss of, or damage to the shipment or a delay in picking or delivering the shipment if it is: Due to acts of God, force major occurrence or any cause reasonably beyond the control of AIRLANSEA LLC or Caused by: 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 of the terms and conditions hereof) or any other person. Carriers such as airlines, vessels, or railways not adhering to schedules for any reason whatsoever. Government officials in discharge of their official duties, such as; customs/taxation/inspection etc., the nature of the shipment, or any defect characteristic, or inherent vice thereof. Electrical or magnetic injury, erasure, or other such damage to photographic images or recordings in any form. (8.2)The shipper indemnifies AIRLANSEA LLC against loss, damage, penalties action, proceedings etc., that may be instituted by any government officials in discharge of their official duties such as customs/taxation inspection etc. Notwithstanding what is stated above, whilst AIRLANSEA LLC will endeavor to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery schedules, AIRLANSEA LLC will not under any circumstances be liable for delay in pick up, transportation or delivery of any shipment, regardless of the cause of such delays. (9). Claims: Any claim must be brought by the shipper and delivered in writing to the office of AIRLANSEA LLC nearest to the location at which the shipment is accepted within 30 days of the date of such acceptance.
No claim can be made against AIRLANSEA LLC beyond this time limit. No claim for loss or damage will be entertained until all transportation charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to AIRLANSEA LLC. (10). Materials not accepted for carriage: Except with the express agreement in writing of any authorized officer of AIRLANSEA LLC, AIRLANSEA LLC will not carry materials: Not permitted by the laws/rules/restrictions in force, and any items notified by AIRLANSEA LLC to be prohibited item. (10.2). A detailed list of materials not accepted for carriage is available upon request. AIRLANSEA LLC would hold packages after informing the receiver of their arrival for 3 days after which the packages will accrue $0.10 per lb per day, after 3 months from notification date the said goods would be auctioned to the public.
Payments of the ocean freight charges, warehouse charges, and inland transportation must be done upon the time of Booking. If the same is not received 5 business days prior to the sailing of the cargo, the same will be kept on hold at the port of loading, whichever storage/demurrage charges accrued because of these actions, will be for the account of the shipper.
If the cargo sailed and the ocean freight has not been paid for 5 days prior to the arrival of the same at the port of the final destination, please be advised that AIRLANSEA LLC will have no alternative but to exercise its lien rights and have the cargo sold. If there are any funds remaining after the freight payment has been satisfied, they will be returned to the shipper. For shared (consolidated) containers, shipper must pay for his/her vehicle(s) clearing fees/duties 5 days prior to arrival of vessel. Otherwise funds will be sourced on behalf of shipper causing delay to facilitate clearing and all associated costs and demurrage will be his/her responsibility. AIRLANSEA LLC, will exercise its lien rights to have vehicles (cargo) sold if the shipper does not respond to making all payments incurred as a result of the action or inaction of the shipper.
The carrier, forwarder or its agents are not responsible for personal effects placed inside vehicles; all vehicles must be in good drivable condition, ocean freight rates, sailing and vessels are subject to change. All charges are pre-paid. Misrepresentation is punishable by law. You are at liberty to purchase you own cargo insurance..
POWER OF ATTORNEY: The shipper (owner or representative) of any cargo that is delivered in person or via any other means to AIRLANSEA LLC, do hereby make, constitute and appoint AIRLANSEA LLC, its employees and agents the true and lawful attorney to accomplish shipments of the described commodity (ies)
THERE IS NO GUARANTEED SAILINGS FOR ROLL-ON ROLL-OFF SERVICE.
Agreed and accepted to by shipper or representative. :