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Contract Terms
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CONDITIONS OF CONTRACT 1. In tendering the
shipment described herein for carriage, Shipper agrees to these Conditions of
Contract, which no agent or employee of the parties may alter and that this
transportation document is NON-NEGOTIABLE and has been prepared by the Shipper,
his agent, his employee, or on his behalf by the carrier. The Shipper certifies and represents to KOL
that the information inserted and accepted on the face of this transportation
document is complete and accurate. It is
agreed among the parties involved that the conditions of carriage for this
shipment are governed by the terms set forth herein, and which are hereby
incorporated into this contract. Note: Shipper in
this contract means the party from whom the shipment is received, the party who
requested the shipment be transported by KOL, any party having an interest in
the shipment, and a party who acts as an agent for any of the above. All charges
applicable to a shipment are payable in cash at the time of acceptance in the
case of a prepaid shipment or at the time of delivery in case of a collect
shipment, unless carrier has extended credit. 2. SHIPPER WARRANTS that each package in this shipment
is properly described on the transportation document, is properly marked and
addressed, is packaged adequately to protect the enclosed goods to ensure safe
transportation with ordinary care in handling and except as noted, is in good
order and condition. KOL shall not be
liable for damage/loss on any shipment not adequately packaged. Furthermore, KOL will not be liable for any
damage/loss unless damages are notated on the delivery receipt at the time of
delivery. NOTE: A shipment in which delivery
is made in exchange for a clear delivery receipt shall be prima facie evidence
of having received ordinary care in handling. 3. CARRIER’S
LIMITATION OF LIABILITY. Carrier will be
liable only for loss or damage that occurs to the shipment while it is in
carrier’s custody. Carrier’s liability
will never exceed the actual value of the part of the shipment that is lost or
damaged, plus any of the transportation charges applicable to that part of the
shipment. Moreover, unless at time of shipment the
shipper declares on the face of this air waybill a greater value for the
shipment and requests insurance and pays appropriate valuation charges,
carrier’s liability is further limited to the lesser of (a) $50.00 per
shipment or (b) $.50 per pound multiplied by the weight in pounds of that part
of the shipment that is lost or damaged, plus (c) the transportation charges
applicable to that part of the shipment.
Shipper also is informed through these conditions of contract that KOL,
Inc. is not a self-insured carrier on any shipment other than local P&D
where KOL provides its own equipment.
Any requests for insurance and declared value in excess of $50.00 will
be insured through third parties not affiliated with KOL, Inc. and not
guaranteed by KOL., Inc. All claims will
be filed with and through KOL, Inc. on behalf of the claimant and are subject
to the rules and regulations of the third party(s) involved. Carrier is not liable for special or
consequential damages of any kind. The above limitations also apply to
international shipments unless the rules relating to liability established by
the Warsaw Convention (the Convention for the Unification of Certain Rules
Relating to International Carriage by Air, signed at 4. Unless each piece
of the shipment has a Declared Value stated as well as insurance requested, and
is specifically identified on the KOL transportation document at the time of
the shipment and is so identified on the KOL transportation document as being
lost, damaged, destroyed, or otherwise adversely affected at time of delivery,
KOL shall be liable subject to tariff provision in effect at the time of
shipment for the average declared value of the shipment multiplied by the
packaged weight of the piece(s) adversely affected. The average declared value of the shipment
shall be determined by dividing the total declared value of the shipment (only
if insurance was requested and paid) by the total weight of the shipment. See 11. 5. Except as
otherwise provided herein the Conditions of Contract, KOL has no obligation to
commence or complete transportation within a certain time or according to any
specific schedule, or to make connections with any other carrier, or for error
in any statement of times of arrival or departure. In short, KOL does not
guarantee pickup, transportation, or delivery by a stipulated date or a
stipulated time, nor shall KOL be liable for any consequences of failure to do
so. 6. At time of delivery, the CONSIGNEE MUST NOTE on
the air waybill, any exceptions to the shipping containers that would indicate
a discrepancy (shortage in the shipment, damage to the containers, or possible
damage to the contents of the containers). NOTE: Such notations as “subject to
inspection” and “subject to re-count” are NOT exceptions. 7. KOL SHALL NOT BE LIABLE IN ANY WAY OR EVENT FOR ANY
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO:
LOSS OF PROFITS, INCOME, INTEREST UTILITY, OR LOSS OF MARKET, WHETHER OR NOT
KOL HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED. KOL shall not be liable for loss, damage, or
delay caused by acts of God, public authorities acting with actual or apparent
authority, strikes, labor disputes, weather, mechanical failures, aircraft
failure, civil commotions, acts of omission of customs or quarantine officials,
the nature of the shipment or any defects thereof, public enemies, hazards
incident to (a) state of war, acts of terrorism and (b) acts, defaults, or
omission of the Shipper or Consignee for failure to observe the terms and
conditions of contract contained herein including but not limited to , improper
packaging, marking, transportation document information, inherent vice, and the
rules relating to shipment not acceptable for transportation or shipments
acceptable only under certain conditions outlines below. 8. All shipments are
accepted for transportation subject to the availability of equipment of the
size and type capable of handling the shipment.
9. If no service
level is indicated on the transportation document the shipper accepts and
understands that the freight may be moved and billed on a second business day
level. Additional charges may
apply. Furthermore, KOL will not be
liable for any damages as expressed in ITEM 7. 10. Carrier’s routing
applies. KOL shall have the right to (1)
substitute alternate carriers or other means of transportation and (2) select
the routing or deviate from that shown on the face thereof. 11. Overcharge claims
must be received IN WRITING within
one year after date of acceptance of the shipment by KOL. All other claims (except perishables and
concealed damages/loss) must be received IN
WRITING within 48 hours. For damage
claims, KOL must be notified of the damage within 7 days of delivery IN WRITING. Under all damage/loss claims, KOL, or its
agent, must be allowed to make inspection of the shipment and its container(s)
and packaging material(s) at the delivery location shown on this transportation
document. No claims will be entertained
until all transportation charges have been paid. Claims may not be deducted from
transportation charges and no claims may be deducted from any charges owed KOL,
in whole or in part. 12. Rates and charges
for this shipment will be based on actual or dimensional weight, whichever is
greater. Domestic Dimensional weight (in
inches) is computed using the following equation applied per piece: (L X W X H)/194. Shipper acknowledges carrier’s right to
reweigh and dimensionalize shipment; the signed delivery receipt, with
“reweighed: or “dimensions added” will be considered correct with precedence
over weight or measurements indicated on shipper’s copy. It is further acknowledged that the
international dimensional weight factor is different than the domestic 194
factor. International dimensional weight
factor is determined by the carrier handling the shipment and is subject to
change. 13. Unless otherwise
expressly provided in KOL’s tariff, and subject to any conditions or
restriction contained therein, the following articles will not be accepted for
carriage: any shipment prohibited by law, hazardous materials, original works
of art, antiques, bonds, coins of any kind, currency, furs, fur clothing, gems
or stones (cut or uncut), industrial diamonds, gold or silver coined
concentrates, jewelry(other than costume), money, pearls, precious materials,
securities (negotiable), household goods, and/or personal effects when the total
declared value of the shipment exceeds $500.00 or when the declared value
exceeds $.50 per pound per piece, KOL shall not be liable for any loss damage,
delay, liabilities, or penalties resulting from the transportation of
materials. 14. The Shipper shall
be primarily liable for all costs and expenses related to this shipment and for
all costs incurred in either retuning this shipment to the Shipper or
warehousing this shipment, pending its disposition. 15. C.O.D.
Shipments. Goods received with
Customer’s or other person’s instruction to “collect on Delivery” (C.O.D.) by
drafts or otherwise, or to collect on any specific terms by the tie drafts or
otherwise, are accepted by the Company only upon the express understanding that
it will exercise reasonable care in the selection of a bank, correspondent,
carrier or agent to whom it will send such item for Collection and the Company
will not be responsible for any act, omission, default, suspension, insolvency
or want of care, negligence or fault of such bank, correspondent, carrier or
agent, nor for any delay in remittance lost in exchange, or during transmission,
or while in the course of collection. 16. This shipment is
subject to inspection by KOL. However,
KOL is not obligated to perform such inspection. 17.
No claim with respect to a shipment, any part of which is received the
consignee, will be entertained until all transportation charges have been paid. 18. The Shipper and
the Consignee shall be liable jointly and severally for all unpaid charges
payable on account of this shipment pursuant to this contract and to pay or
indemnify KOL for claims, fines, penalties, damages, costs (storage, handling,
reconsignemnt, return of freight to Shipper, etc.,) or other sums which may be
incurred by KOL by reason of any violation of this contract or any other
default of the Shipper or Consignee or their agents. KOL shall have a lien on
any goods until such charges are paid.
Should KOL bring legal action for the enforcement of this contract or
collection of any sums due and payable under this contract, KOL shall be
entitled to reasonable attorney’s fees and costs. All invoices not paid in full within 30 days
of invoice date will be subject to a charge of 2% per month of total invoice
balance. 19. Shipper and
Consignee shall hold KOL and its agent(s) harmless for loss/damage/delay which
is a result of ancillary services including, but not limited to, local cartage,
crating, uncrating, packing and unpacking, which are requested by the Shipper
or Consignee and arranged by KOL as a customer service unless such services are
actually performed by KOL. Such
limitation of liability shall extend to the selection by KOL of the providers
of the ancillary services. Ancillary
services are those which are performed prior or subsequent to transportation
and which may be billed directly by the provider of the service or by KOL. Providers of ancillary services are
contractors for the Shipper or Consignee and are not agents for KOL. Local cartage
is the movement of unpacked/uncrated freight locally. Note:
Under no circumstances will the liability of KOL for loss/damage/delay
which is a result of any ancillary services performed by KOL or its agents be
grater than the liability contained in this contract. 20. Indemnification for Freight, Duties. In the event that a carrier, other person or
any governmental agency makes a claim or institutes legal action against KOL
for ocean or for other freight duties, fines, penalties, liquidated damages or other
money due arising from a shipment of goods for the Customer, the Customer
agrees to indemnify and hold harmless KOL for any amount KOL may be required to
pay to such a carrier, other person or governmental agency together with
reasonable expenses, including attorney’s fees, incurred by KOL in connection
with defending such claim or legal action and obtaining reimbursement from the
Customer. The confiscation or detention
of the goods by a governmental authority shall not affect or diminish the
liability of the customer to KOL to pay all charges or other money due promptly
or on demand. 21. This air waybill
and the tariffs apply at all times when the shipment is being handled by or for
the carrier, including pick-up and delivery and other ground or air services
rendered by or for the carrier in connection with the shipment. The provision thereof will inure to the
benefit of and be binding on the shipper and consignee and the carriers by whom
transportation is undertaken, and to the benefit of any other person, firm, or
corporation performing for the carrier pick-up, delivery or other ground
service in connection with the shipment. |