CONDITIONS OF CONTRACT
1. Carriage and other services performed hereunder are subject to these conditions and to the rates, rules and classifications set forth in the Forwarders currently effective price list, which are available for inspection and incorporated into this contact by reference.
2. As used in this contract Galaxy means Forwarder and its authorized agents.
3. Shipper warrants that any article(s) in the shipment is properly described on the air bill and that the shipment is packed to insure safe transportation with ordinary care in handling. Shipper warrants that any article susceptible to damage by ordinary handling, or as a result of any conditions normally encountered in air transportation has been adequately protected by proper packing, markings, and labeling.
4. Galaxy shall have the right, but not an obligation to inspect all shipments.
5. EXCLUSIONS FROM LIABILTY
Galaxy shall not be liable for any loss, damage, delay, or other results not caused by its own negligence. Shall not be liable for the following 6 factors.
A. 1. Acts of God, perils of air, public enemies, public authorities acting with actual or apparent authority, authority of law, quarantine, riots, strikes, civil commotions, or hazards or dangers incident to state of war.
2. The act or default of thee shipper or consignee.
3. The nature of the shipment, or any defect, characteristics or inherent vice thereof.
4. Violation by the shipper or consignee of any of these conditions.
5. Compliance with delivery instructions from the shipper or consignee
6. 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.
B. Galaxy shall not be liable for special or consequential damages.
6. LIMITS OF LIABILITY
In consideration of the Carrier’s rate for the transportation of any shipment which is in part dependent upon the declared value of the shipment. Forwarder’s liability of any kind whatsoever shall be limited to an amount not exceeding:
A. For shipment or pieces not having a declared value:
1. $0.50 per pound multiplied by the number of pounds of that part of the shipment lost or damaged (but not less than $ 50.00 per shipment), or:
2. the amount of any damages actually sustained, whichever is lesser.
B. For shipments having a declared value:
1. the declared value in case of loss or damage of the entire shipment (but not less $50.00 per shipment), and in the event of loss or damage of part of the shipment, the average declared value per pound multiplied by the number of pounds that shipment lost or damaged (but not less than $50.00 per shipment), or:
2. the amount of any damages actually sustained, whichever is the lesser, plus the amount of any transportation charges for which Forwarders has been paid for such part of the shipment lost or damaged.
6. The shipper and the consignee shall be liable, jointly and secerally, (a) for all unpaid charges payable on account of a shipment pursuant to this contract, and (b) to pay or indemnify Galaxy for all claims, fines, penalties, damages, cost or other sums which may be incurred by Galaxy reason of any violation of this contact or any other default of the shipper or consignee or their agents.
7. Galaxy shall have a lien on the shipment for all sums due and payable to Galaxy.
8. Signature on the delivery receipt of the air bill/bill of lading without written exceptions being taken shall be prima facie evidence that the shipment has been delivered in good condition in accordance with the air bill /bill of lading and that transaction is concluded.
9. In the event of the failure or inability of the consignee to take delivery of the shipment Galaxy will notify the shipper in writing at the address shown on the air bill/bill of lading and request disposition instructions. If the shipper fails to provide disposition instructions within 30 days after the date of Galaxy notice, Galaxy will return the shipment to the shipper at the shipper’s expense. If the shipper fails to accept delivery of a shipment thus returned, Galaxy may, upon 30 days written notice to the shipper, dispose of the shipment at public or private sale and pay out of the proceeds to satisfy the transportation charges owing on the shipment. Any sums collected by Galaxy in excess of such transportation charges will be paid to the shipper. No sale or disposal pursuant to this rule will discharge any liability or lien to any greater extent than the proceeds thereof. The shipper and the consignee shall remain liable, jointly and severally, for deficiency.
10. Galaxy will exercise best effort in efficient manner in routing shipment. In the absence of specific contrary instructions by the shipper on the air bill/bill of lading, Galaxy may divert any shipment to surface transportation in order to expedite its movement. Regardless of the method of transportation employed, Galaxy air freight charges from origin to destination will apply.
11. CLAIMS AND PROCEDURES
Claims for loss or damaged discovered by the consignee after delivery and after a clear receipt has been given to Galaxy must be reported in writing to Galaxy within 12 days after delivery of the shipment with privilege to Galaxy to inspect the shipment and its container(s) and packing material within 15 days after receipt of such notice. No exceptions will be made to this procedure. It is the responsibility of the shipper to notify the consignee of the procedures to be followed. No claim will be honored if Galaxy is not notified in writing within 12 days of the shipment being signed for by the consignee.
12. Claims for loss, damage or delay must be made in writing within a period of 200 days after the date of acceptance of shipment by Galaxy.
13. No claims with respect to a shipment, any part of which is received by the consignee, will be entertained until all transportation charges have been paid.
14. Claims for overcharges, or duplicate billing must be made in writing within a period of 6 months after the date of acceptance of shipment by Galaxy. The first day of the period shall be the day after Galaxy acceptance of the shipment.
15. Galaxy shall not be liable in any action unless a claim has been filed and such action is brought within 1 year after the day written notice is given to the claimant that Galaxy has disallowed the claim in full or in part.
16. To the extent that it is not governed by federal law, this contact and the price lists incorporated by reference shall be construed and the performance of the transportation hereunder shall be determined in accordance with the laws of the State in which the shipment is accepted by Forwarder. If any provisions of this contract including the price list incorporated by reference are determined to be invalid or unenforceable, the remainder of this contract shall not be affected thereby.
17. Claims will be honored for external damages only. It is the duty of the consignee to inspect the shipment at the time of signing upon receipt of the shipment. Any damages must be written on the air bill/bill of lading at this time in order to be honored.
18. INTERNATIONAL SHIPMENTS
Consignee or the person receiving the freight/cargo in the Country of Ultimate destination will be responsible for Duties, Taxes, or any other fees assessed by Customs or the Airlines in that Country. Fees may vary depending on the Country and are completely separate from Galaxy charges.
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