CONDITIONS OF CONTRACT.
In these Conditions:
CARRIER means IMPEX WORLDWIDE INC (IMPEX). GOODS mean packages, items and or documents consigned by a customer from one address to another. CUSTOMER means anybody that consigns goods to IMPEX.
In this contract and the Notices appearing hereon: CARRIER includes the air/Sea carrier issuing an air waybill (AWB)/bill of lading (BL) and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.
The shipment accepted for Impex by its employees and agents is subject to the terms and conditions set out hereunder.
1. The IMPEX Air way bill and Bill of Lading are non-negotiable, and the shipper agrees and authorizes IMPEX to prepare same and other required shipping documents on behalf of the shipper. The responsibility of IMPEX for a shipment accepted under an AWB or BL ceases when the consignee receives same and or acknowledges receipt of the shipment by affixing a signature on the proof of delivery copy and / or the delivery sheet.
2. Shipper’s Obligation and Acknowledgement that by tendering goods for shipment via IMPEX, 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 IMPEX’s terms and conditions for itself 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 AWB or BL and it does not contravene the provisions of the USA Postal Act nor TSA regulations, and has not been declared to IMPEX 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 IMPEX from the point of tendering only up to the address shown on the AWB or BL, and that in case the shipment has to be returned/redirected for any reason whatsoever, the shipper shall be charged and pay in advance all charges levied by IMPEX for such. IMPEX would hold such shipments at the destination mentioned on the AWB for a maximum of 10 days from the date of the shipment without informing the shipper and the shipper hereby indemnifies "IMPEX" against any claim or liability. Packing of the materials tendered for shipment is the responsibility of the shipper, including placement of such materials in containers supplied or purchased from IMPEX. The shipper indemnifies IMPEX from any loss or claims arising from breakage or damages to the Goods shipped.
3. IMPEX’s right of Inspection of Shipment: IMPEX has the right, but not the obligations, to open & inspect every shipment. Shipments shall be tendered to IMPEX in an "Open Condition" and shall by accepted only after an inspection of its contents by IMPEX to ensure its conformity with all TSA regulations. IMPEX reserves the right to refuse shipments under these Terms and Conditions without assigning any reason whatsoever. Chargeable/Volume Weight: Air freight Shipment shall be charged its chargeable weight where this weight is greater than its actual weight.
4. Lien on goods shipped: IMPEX shall have a lien on all goods shipped for all freight charges, State/Local taxes, including all charges of any kind arising out of transportation hereunder, IMPEX may refuse to surrender possession of the goods until such charges are paid. Limitations of Liability
5. Without prejudice to any Section, the liability of IMPEX for any loss or damage to the shipment shall be $100.0, irrespective of the commercial value of the shipment, loss of income, profits, interest or utility of loss of market except when the customer (shipper or receiver) purchases an Impex insurance.
6. Impex insurance shall cover only the value provided by the shipper and will remain valid and honored for deliveries rendered by Impex or Mail Impex staff only.
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. Customer & Receiver shall hold IMPEX non-liable for charges and or losses incurred for late deliveries and or pickups from any location. IMPEX 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, IMPEX 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 IMPEX 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.
8.1. The shipper indemnifies IMPEX 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 IMPEX will endeavor to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery schedules, IMPEX 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. Air/Sea Cargo Consolidation Terms: This service is provided by Impex processing operators and are subject to these terms & conditions: You the Impex customer hereby authorize Impex to open, repack reduce box (package container) size, and consolidate your cargo, goods and packages as the Impex processing operator deems fit. You our customer agree and accept Impex consolidation process. That the customer shall not hold Impex or Mail Impex or their staff liable or responsible for any loses and or damages due to this consolidation process. Impex Liability shall be as in Limitations of Liability
8.2. Except when the customer (shipper or receiver) purchases an Impex insurance. Impex insurance shall cover only the value provided by the shipper and will remain valid and honored for deliveries rendered by Impex or Mail Impex staff only. Consolidation can only be done on packages that arrive Impex processing facility within a 3-day window.
9. Claims: Any claim must be brought by the shipper and delivered in writing to the office of IMPEX nearest to the location at which the shipment is accepted or delivered within 30 days of the date of such acceptance. No claim can be made against IMPEX 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 IMPEX. 10. Materials not accepted for carriage: Except with the express agreement in writing of any authorized officer of IMPEX, IMPEX will not carry materials: Not permitted by the laws/rules/restrictions in force, and any items notified by IMPEX to be prohibited item. 10.1. A detailed list of materials not accepted for carriage is available upon request. IMPEX would hold packages after informing the receiver of their arrival for 10 days after which the packages will accrue $0.10 per Lb per day, after 6 months from notification date the said goods would be auctioned to the public.