DEFINITIONS. On this Terms and Conditions “we”, “our” and “us” refer to Flyway Logistics & Delivery Company, its subsidiaries and branches and their respective employees, agents and contractors. “You”, “your” and “yours” refer to the shipper, its employees, and customers and to all others with an interest in the shipment. “Shipment” means any container or envelope which is tendered to and accepted by us for delivery on a single Air Waybill.
AGREEMENT TO TERMS AND CONDITIONS. By tendering your shipment to us for delivery, you agree to be bound by the terms and conditions set forth herein. No one is authorized to alter or modify these terms and conditions.
THE AIR WAYBILL. You acknowledge that your Air Waybill has been prepared by your customer or by you on your customer’s behalf. You warrant that you are the owner of the shipment transported here-under, or you are the authorized agent of the owner of the shipment.
YOUR OBLIGATIONS AND ACKNOWLEDGEMENTS. You warrant that each article in the shipment is properly described on your Air Waybill and is acceptable for transport by us, and that the shipment is properly marked, addressed and packed to ensure safe transportation with ordinary care in handling. You acknowledge that we are not a common carrier and that we reserve the right to carry your shipment by any route and procedure and by successive carrier and to refuse or abandon the carriage or transportation of any shipment for any person, firm, or company and the carriage or transportation of any class of shipment at our discretion.
LIMITATION OF LIABILITY. The rules relating to liability established by the Warsaw Convention (US Dollar 20/ kg ) and any amendment or other contractual exclusion may apply to your shipment and limit our liability for damage, loss or delay. Our maximum liability for damage or loss is limited to US Dollar 30 per document shipment and Usd 1,000 per non-document shipment , and our liability for delay is limited to a refund of your transportation charges (but not any additional charges or customs duties or taxes advanced by us for you), or the maximum liability allowed for damage or loss as stated above, whichever is lesser.
LIABILITIES NOT ASSUMED. In any event, we will not be liable for any damage, whether direct, incidental, special or consequential or other indirect loss, however arising, including but not limited to loss of income, profits, interests, utilities or loss of market, whether or not we know or should have known that such damage might be incurred. We will not be liable for your acts, defaults, omissions, including but not limited to incorrect declaration of shipment, improper or insufficient packing, securing, marking or addressing of shipment or for the acts, defaults or omissions of the recipient, customs or other government official, or of any Postal Service, or anyone else with an interest in the shipment. Also, we will not be liable if you or the recipient violate any of these terms and conditions. We will not be liable for loss of or damage to shipments of cash, currency or other prohibited items. We will not be liable for any damage, loss or delay caused by events we cannot control, including but not limited to Acts of God, perils of the air, weather conditions, acts of public enemies, war, strikes, civil commotion, of acts, defaults or omissions of public authorities with actual or apparent authority.
NO WARRANTIES. We make no warranties, expressed or implied.
CLAIMS. All claims must be brought by you and delivered in writing to us within 60 days of the date of tendering your shipment. No claim may be made against us after the time period. We are not obligated to act on any claim until you have paid all charges and you may not deduct the amount of such claim from those charges. If the recipient accepts your shipment without noting any damage on the delivery record, it will be presumed to have been delivered in good order and condition.
RIGHT TO INSPECTION OF SHIPMENT. We have the right, but not the obligation at our option or at the request or governmental authorities, to open and inspect your shipment at any time and we may at our option, refuse to transport or terminate the transportation of any shipment for reasons of safety or security. We reserve the right to correct any under-declaration of weight and re-invoice you accordingly.
RESPONSIBILITY FOR PAYMENT. Regardless of the payment instructions you give us, you will always be primarily responsible for all charges, including delivery charges and all duties, customs charges and taxes. We may refuse to surrender possession of your shipment until such charges have been paid. You also will be responsible for any costs we may incur in returning your shipment to you or warehousing your shipment pending disposition.
CUSTOMS CLEARANCE. By tendering your shipment to us, you hereby appoint us as your agent for performance of customs clearance and certify us as the consignee for the purpose of designating a customs broker to perform customs clearance. Local authorities may require additional documentation confirming this appointment. We are only your agent with respect to customs clearance, and it is your sole responsibility to provide proper documentation and confirmation, where required. You are responsible for and warrant your compliance with all applicable laws, rules and regulations, including but not limited to customs laws, import and export laws and other government laws and regulations of any country to, from, through or over which your shipment may pass, and you agree to furnish such information and complete and attach to your Air Waybill such documents as are necessary to comply with such law, rules and regulations.
LETTER OF INSTRUCTION. If you do not complete all the documents required for carriage, you hereby instruct us where permitted by law, to complete the documents for you at our option and at your expense, and to attach them to your Air Waybill, but we are not obligated to do so. We assume no liability to you or any other person for any loss or expense due to your failure to comply with this provision. You further agree to hold us harmless from and against all claims, damages, liabilities, actions, losses, costs and expenses of any nature whatsoever in any manner arising out of your providing to us incomplete, inaccurate or false documentation or your failure to provide required information.
MANDATORY LAW. These terms and conditions shall apply to and inure to our benefit. Insofar as any provision contained or referred to in these terms and conditions may be contrary to mandatory law, government regulations, orders or requirements, such provision shall remain applicable to the extent that it is not overridden thereby. The invalidity or unenforceable of any provisions shall not affect any other part of these terms and conditions.