- International Freight Forwarding
- Air Export
- Ocean Export
- Aircraft Charters
- Third Party Logistics Services
- Domestic Distribution Services
- Long Haul Trucking Services
- North American Rail Services
- Heavy Hauling & Rigging
- FTL and LTL Trucking
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- U.S. Customhouse Brokerage
- Air Import
- Ocean Import
- Project Cargo
- Cargo Insurance
- Bonded Warehousing
- Container Freight Station
- Packing & Crating Services
- Dry Storage
- Temperature Controlled Storage
- Automobile Import and Export
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CONDITIONS OF
CONTRACT
(Applicable on all shipments)
LIABILITY, INCLUDING
NEGLIGENCE IS LIMITED TO THE SUM OF US$50.00 PER SHIPMENT UNLESS A GREATER
VALUATION SHALL BE PAID FOR OR AGREED TO BE PAID IN WRITING PRIOR TO SHIPPING.
1. By tendering shipments for transportation, shipper, for himself and all other
parties at any time having an interest in the goods, agrees to these Conditions
of Contract, which no agent or employee of the parties may alter.
2. As used in this Contract, "Carrier" means CCB International or
the CCB International station performing services to shipper, and all surface
and air carriers that carry or undertake to carry the goods hereunder or perform
any other services incidental to such carriage. Franchised and/or licensed CCB
International stations are owned and operated by independent businesses. CCB
International disclaims any liability for the acts, errors or
omissions of its franchisees or licensees.
3. Shipper warrants that: (a) it is either the owner or authorized agent of the
owner of the goods and that it is accepting these Conditions of this Contract
not only for itself, but also as agent for and on behalf of the owner; (b) the
description and particulars of any goods furnished by or on behalf of shipper
are complete and accurate; (c) all goods have been properly and sufficiently
prepared, packed, labeled and/or marked appropriate for any operations or
transactions affecting the goods and characteristics of the goods; (d) the goods
do not comprise or contain any explosive, incendiary or other device, hazardous
substance or weapon which may endanger life or the safety of any transport
conveyance or which may cause or is likely to cause loss, damage, injury to or
death of any person or property; and (e) the goods do not contain any dangerous
or hazardous materials within the meaning of the most current IATA Dangerous
Goods Regulations ("Regulations") and shipper will not tender such goods to
Carrier without obtaining Carrier's prior written consent. Where such consent is
granted, shipper warrants that all such goods are packed, marked, and labeled
and otherwise meet all documentation requirements and provisions of the
Regulations and it has complied with all statutes, rules and regulations of any
and all governments and governmental agencies governing its activities.
4. (a) It is mutually agreed that shipments accepted for
carriage are in apparent good order (except as noted), subject to
governing rates, rules and classifications stated in the most recent rules and
regulation tariff of Carrier. Said rates, rules and classifications are
available for inspection by the parties hereto and are hereby incorporated into
and made part of this Contract. (b) To the extent not in conflict with the
foregoing, carriage hereunder and all other services performed by each Carrier
are subject to (i) applicable laws, government regulations, orders and
requirements; (ii) provisions herein set forth; and (iii) applicable tariffs,
rates, rules, regulations and timetables (but not the times of departure and
arrival therein) of such Carrier.
5. Carrier undertakes to complete the carriage hereunder with reasonable
dispatch but makes no guarantee of transit time or delivery date. Carrier may substitute alternate carriers or aircraft and may without
notice and with due regard to the interests of the shipper substitute other
means of transportation. Carrier is authorized by shipper to select the routing
and all intermediate stopping places it deems appropriate or to change or
deviate from any routing instructions shown on the face hereof. For
international air shipments, Carrier reserves the option to act as an agent of
the airline instead of as a Carrier, in which event the direct airline's tariffs
shall apply.
6. All shipments are subject to being opened and inspected by the Carrier. No
liability shall attach to Carrier if Carrier refuses to carry a shipment based
on a good faith determination of what it understands to be the applicable law,
regulation, demand, order or requirement.
7. Carrier reserves the right to reject any goods of a dangerous or damaging
nature, any security classified cargo, and any goods subject to the Arms Export
Control Act. If such goods are accepted and then in the opinion of Carrier it
decides that such goods constitute a risk to other shipments, property, life or
health, Carrier reserves the right at the expense of shipper to remove or
otherwise deal with the goods. Shipper will be responsible for the suitable
reception, handling, and storage of such cargo in accordance with the
Regulations and all other international, federal, state and local ordinances,
regulations and instruments.
8. Shipper hereby indemnifies and holds Carrier harmless from and against any
and all liabilities, claims, losses, costs, damages, and expenses arising out of
or related to: (a) shipper's or its agents' breach of, or failure to observe or
perform any of, the warranties contained herein; (b) the negligence of shipper
or its agents or the violation of any applicable laws or regulations by shipper
or its agents; or (c) any and all duties, taxes, levies, fines, penalties and
other outlays imposed by any authority in relation to the goods arising out of
Carrier acting in accordance with shipper's instructions or in a manner
customarily expected of a freight forwarder under the circumstances.
9. Shipper shall comply with all applicable laws and other government
regulations of any jurisdiction to, from or through which the shipment may be
carried, including those relating to the packaging, carriage or delivery of the
shipment, and shall furnish such information and attach such documents to this
waybill as may be necessary to comply with such laws and regulations. Carrier
shall not be obligated to inquire into the correctness or sufficiency of such
information or documents. Carrier shall not be liable to shipper for damage,
delay, loss or expense due to the shipper's failure to comply with this
provision.
10. Shipment is subject to charges for actual or dimensional weight in
accordance with Carrier's applicable rules. In case of loss or damage, the
weight to determine Carrier's limit of liability shall be only the actual weight
of the package or packages or a pro rata share in the case of a partial shipment
loss or damage.
11. Subject to the conditions herein, Carrier shall be liable for the goods for
the period they are in its charge or the charge of its agent. Carrier's
transportation rates and/or insurance/declared value charges are established
based on these Conditions of Contract, including the limitations of liability
provided herein. PRIOR WRITTEN AUTHORIZATION BY CCB International OR CCB International CORPORATE OFFICE is required for shipments with a
declared value over $50,000 or having an insured value in an amount above
$100,000.
12. For domestic shipments not having a declared or insured value at the time of
shipment, the total liability of Carrier shall in no event exceed $.50 per pound
of each piece of the shipment which may have been lost or damaged (but not more
than $50.00 per shipment) or the actual value of such piece, whichever is less,
plus the amount of any transportation charges for which shipper may be liable.
For international air shipments not having a declared or insured value declared
at time of shipment, the total liability of Carrier shall in no event exceed
US$50.00.
13. For shipments having a declared or insured value on the waybill prior to
acceptance by Carrier, the total liability of Carrier shall in no event exceed
the declared or insured value of the shipment/piece or the actual value of the
shipment/piece, whichever is less, plus the amount of any transportation charges
for which shipper may be liable. An additional charge will apply for shipments
having a declared or insured value as stated in the most recent tariff of
Carrier. (a) Insurance on used equipment must have prior written authorization
from Carrier. The value of any approved used equipment will be based on current
market value. Carrier will not be responsible for mechanical derangement unless
resulting from a peril covered under Carrier’s open policy. (b) Carrier's
maximum liability for any ENVELOPE or LETTERPAK is $25.00. (c) Exclusions:
Carrier will not be responsible for loss or damage of accounts, bills or money,
antiques, deeds, evidence of debt, notes, securities, negotiable instruments,
bonds, jewels, watches, perishables, precious stones, live plants or animals,
original works of art or artwork, glass, neon signs, lighting fixtures, data
from any media, personal effects (new or used), wearing apparel (used), computer
or electronic equipment (other than physical damage), plasma, liquid crystal, or
flat screen monitors/televisions, or any types of models or
prototypes. (d) If the sum entered on the face of the waybill as "Declared Value
for Carriage" represents an amount in excess of the applicable limits of
liability referred to in these Conditions, and if shipper has paid any
supplementary charge that may be required by Carrier's tariffs, this shall
constitute a special declaration of value for the Carrier's limit of liability.
14. Carrier's liability for claims must be a direct result of Carrier's
negligence and shall under no circumstance exceed the limits of liability
defined in section 12 herein. Payment of any claim shall be subject to proof of actual loss or
damages suffered. Claims must contain a copy of the original purchase invoice
and other documentation reasonably requested by Carrier. Carrier shall not be
liable in any event for any consequential or special damages resulting from any
damage or loss whether or not Carrier had knowledge that such damages might be
incurred. Carrier shall not be liable for shipment and/or consequential loss,
damage, delay or other result caused by: (a) Acts of God, perils of the air,
public enemies, public authorities acting with actual or apparent authority,
quarantine, riots, authority of law, unavailability in whole or in part of
aircraft fuel, strikes, civil commotions or hazards or dangers incident to the
state of war or nuclear risk. (b) the act or default of the shipper or
consignee. (c) the nature of the shipment, or any defect, characteristic or
inherent vice thereof. (d) violation by the shipper or consignee of any of the
rules contained in these Conditions of Contract, including, but not limited to,
improper description of commodities, improper or insufficient packaging,
securing, marking, or addressing and failure to observe any of the rules
relating to shipments not acceptable only under certain conditions. (e)
unavailability of equipment or space therein. (f) compliance with delivery
instructions from the shipper or consignee or non-compliance with special
instructions from the shipper or consignee not authorized by Carrier's rules.
(g) shortage of articles loaded and sealed in containers by the shipper provided
the seal is unbroken at the time of delivery and the container retains its basic
integrity. (h) failure of Carrier to pick-up, transport or deliver shipment by a
stipulated date or time.
15. Notice of arrival of goods will be given to the consignee or to the person
indicated on the face hereof as the person to be notified. It is wholly the
responsibility of the shipper to provide accurate contact details for the
consignee. Any storage charges, losses, seizures, or expenses resulting
from Carrier's inability to contact consignee resulting from any means including
negligence are wholly for the account of the shipper and/or consignee. On arrival of the
goods at the place of destination, subject to the acceptance of other
instructions from the shipper prior to arrival, delivery will be tendered to
consignee. If the consignee declines to accept the tender of goods, or cannot be
communicated with, disposition will be made in accordance with instructions of
the shipper. Shipper shall be liable for all costs in either returning the
shipment or warehousing the shipment pending its disposition or both. When no
delivery signature is required, shipper releases Carrier from all liability from
any loss or damage claim for the shipment.
16. Except as provided in the following paragraph below, receipt by the
consignee of the shipment without written notification of damage on the delivery
receipt shall be prima facie evidence that the shipment has been delivered in
good order and condition. If loss or damage is found, a notation must be entered
on the delivery manifest which accurately reflects the nature and extent of the
damage.
17. (a) If loss, damage, misdelivery or nondelivery occurs during land or
domestic air carriage, unless written notice of any exception to the condition
of the goods is made at the time of delivery, Carrier shall not be liable for
any loss, damage or expense incurred by shipper, consignee or other claimant. In
the case of concealed loss or damage, the notice period is extended to seven (7)
days from date of delivery. No claim shall be considered in the case of loss,
damage, concealed or noted unless presented in writing to Carrier within nine
(9) months from receipt of the goods. (b) If loss, damage, misdelivery or
nondelivery occurs before, during or after international carriage by air,
Carrier must be notified in writing of loss, damage or other expense incurred by
the shipper, consignee or other claimant; (i) in the case of visible damage or
concealed loss or damage to the goods, immediately after discovery of the damage
and at the latest within fourteen (14) days from receipt of the goods, with
privilege to Carrier to make inspection of the shipment and container within 30
days after receipt of such notice. While awaiting inspection by Carrier, the
consignee must hold the shipping container and its contents in the same
condition as received insofar as it is possible to do so: (ii) in the case of
non delivery or misdelivery of the goods, within one hundred and twenty (120)
days from the date of issue of the waybill. (c) All claims are subject to proof
of value. After filing a claim, all documents required to support the claim must
be in Carrier's possession within thirty (30) days from the date of Carrier's
acknowledgment letter unless waived or extended by Carrier. Failure to submit
all supporting documents within this time limitation will result in denial of
the claim. No claim with respect to any Shipment will be entertained until all
transportation and other related charges have been paid to Carrier. Shipper may
not deduct the amount of any claim from these charges.
18. Carrier shall not be liable in any action brought to enforce a claim unless
the claimant has complied with Carrier's claim procedures. Any rights to damage
against Carrier shall be extinguished unless an action is brought within ten
calendar days from the date written notice is given that Carrier has disallowed the
claim in whole or in part or ten calendar days from the date on which transportation
stopped when involving an international air shipment.
19. If delivery of the goods or any part thereof is not accepted by the
consignee of the shipment or any person acting on its behalf at the time and
place when and where Carrier is entitled to call upon the consignee to take
delivery thereof, Carrier shall be entitled to store the goods or any part
thereof in suitably protective storage. In such event the liability of Carrier
with respect to the stored goods or that part thereof excepting negligence on
the part of Carrier shall cease and the cost of such storage if paid for or
payable by Carrier or any agent of Carrier shall immediately be paid by shipper
to Carrier upon demand. Carrier shall be entitled to return the said undelivered
goods to the location from which the goods originated at the request and expense
of shipper. If after ten (10) days no instructions have been given by shipper to
return the goods or to have them destroyed, Carrier shall have the option of
returning the goods or disposing of them at shipper's expense.
20. Any exclusion or limitation of liability applicable to Carrier shall apply
to and be for the benefit of Carrier's agents, servants and representatives and
any person whose equipment is used by Carrier for carriage and its agents and
representatives. For purposes of this provision, Carrier acts herein as agent
for all such persons.
21. If insurance is requested by shipper and if the appropriate premium is paid
and these facts are recorded on the face hereof, the goods covered by this
waybill are insured under an open policy of an underwriter chosen by Carrier for
the amount requested as set forth on the face hereof (recovery being limited to
the actual value of the goods lost or damaged provided that such amount does not
exceed the insured value). The insurance is subject to the terms, conditions and
coverage (from which certain risks are excluded) of the open policy, which is
available for inspection at the corporate office of the Carrier by the
interested party. Should an insurer dispute its liability for any reason, the
insured shall have recourse against the insurer only and the Carrier shall not
be under any responsibility or liability in relation thereto. Claims under such
policy must be reported in writing immediately to an office of Carrier. All
claims are subject to proof of value.
22. Shipper must enter the amount of any shipper's C.O.D., which shall be
collected subject to a fee, and rules of the delivering Carrier. Under no
circumstance will Carrier be responsible for the form of payment by the
consignee unless specifically requested in writing on the face of the waybill.
Carrier will not be liable for any fraudulent or apparent certification of
checks. Applicable charges for handling a C.O.D. shipment will apply as stated
in the most recent tariff of Carrier.
23. Shipper, consignee, owner and current possessor of goods shall be liable,
jointly and severally, to pay or indemnify Carrier for all claims, fines,
penalties, damages, costs or other sum which may be incurred, suffered or
disbursed by Carrier by reason of any violation of any of the rules contained in
the tariff of Carrier or any other default of the shipper or such other parties
with respect to a shipment, including all unpaid charges (including reasonable
attorneys' fees) payable to Carrier on account of any shipment. Carrier shall
have a lien on the shipment for sums due and payable.
24. This contract of carriage shall be binding upon the shipper and consignee
and the carriers by whom transportation is undertaken between the points of
origin and destination, including any reconsignment or return of the shipment,
and shall inure to the benefit of any other person, firm or corporation
performing for the Carrier any pick-up, delivery or other ground service in
connection with the shipment.
25. The Warsaw Convention, as amended by the Montreal Protocol No. 4 and the
terms and conditions of Carrier's waybill shall govern all international air
shipments.
26. CCB International
reserves the right to assess finance charges of up to 20% per annum on all
invoices and open balances which are unpaid after 30 days from the invoice date,
prorated retroactively starting from the original invoice date.
27. The United States District Court for the District of New York shall
determine all disputes arising.
28. The terms of the contract shall be severable, and, if any part or term hereof
shall be held invalid, such holding shall not affect the validity or
enforceability of any other part or term hereof.
CCB International Conditions of Contract are subject to change without
notice. |