Terms & Conditions Of Service

TERMS & CONDITIONS OF SERVICE

(Please Read Carefully) All shipments to or from the Customer, which term shall include the shipper, exporter, importer, sender, consignor, consignee, transferor or transferee, forwarder, intermediary, and/or customs broker handling this shipment, are undertaken subject to the following terms and conditions.? Law, international convention, or treaties may impose additional terms and conditions. Customer is responsible to be familiar with all such terms governing its shipments.? Air Tiger Express (USA), Inc. (hereinafter the “Company”) does not undertake to educate Customers in this or any other regard.? Where a conflict arises between these terms and those of bills of lading or airwaybills issued by the Company, the terms of the bill of lading or airwaybill shall govern except as to liability for payment of any costs or charges to Company.

1. CLAUSE PARAMOUNT. All carriage under this Bill of Lading to or from the United States shall have effect subject to the provisions of the Carriage of Goods by Sea Act of the United States, 46 U.S.C. sections 1300-1315 (hereafter, “COGSA”). Carriage to or from Canada shall have effect under the Water Carriage of Goods Act of Canada (“COGWA”). All carriage to and from other States shall be governed by the law of any state making the Hague Rules or Hague-Visby Rules compulsorily applicable to this Bill of Lading or if there be no such law, in accordance with the Hague Rules. The provisions of applicable law (except as may be otherwise specifically provided herein) shall govern before the goods are loaded on and after they are discharged from the vessel whether the goods are carried on deck or under deck and throughout the entire time the goods are in the custody of the carrier.


2. DEFINITIONS.
   1. “Ship” means the vessel named in this Bill of Lading, or any conveyance owned, chartered, or operated by Carrier or used by Carrier for the performance of this contract.
   2. “Carrier” means Dynamic Shipping Service, Inc. on whose behalf this Bill of Lading has been signed.
   3. “Merchant” includes the Shipper, the Receiver, the Consignor, the Consignee, the Holder of this Bill of Lading and any person having a present or future interest in the Goods or any person acting on behalf of any of the above-mentioned persons.
   4. “Package” is the largest individual unit of partially or completely covered or contained cargo made up by or for the Shipper which is delivered and entrusted to Carrier, including palletized units and each container stuffed and sealed by the Shipper or on its behalf, although the Shipper may have furnished a description of the contents of such sealed container on this bill of lading.
   5. “Container” includes any container, trailer, transportable tank, lift van, flat, pallet, or any similar article of transport used to consolidate goods.
   6. “Carrier’s container or carrier’s equipment” includes containers or equipment owned, leased or used by Carrier in the transportation of Merchant’s goods.
   
   
3. SUBCONTRACTING.
   1. Carrier shall be entitled to subcontract directly or indirectly on any terms the whole or any part of the handling, storage, or carriage of the goods and all duties undertaken by Carrier in relation to the goods.
   2. Every servant or agent or subcontractor of Carrier shall be entitled to the same rights, exemptions from liability, defenses and immunities to which Carrier is entitled. For these purposes, Carrier shall be deemed to be acting as agent or trustee for such servants or agents or subcontractors, who shall be deemed to be parties to the contract evidenced in this Bill of Lading.
   
   
4. ROUTE OF TRANSPORT.
   1. Carrier is entitled to perform the transport in any reasonable manner and by any reasonable means, methods and routes.
   2. The Ship shall have the liberty to, at any time, adjust navigational instruments, make trial trips, dry dock, go to repair yards, shift berths, take in fuel or stores, embark or disembark any persons, carry contraband and hazardous goods, sail with or without pilots and save or attempt to save life or property. Delays resulting from such activities shall not be deemed a deviation.
   
   
5. HINDRANCES AFFECTING PERFORMANCE.
   1. Carrier shall use reasonable endeavors to complete transport and to deliver the goods at the place designated for delivery.
   2. If at any time the performance of this contract as evidenced by this Bill of Lading in the opinion of Carrier is or will be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind including strike and if by virtue of the above Carrier has no duty to complete the performance of the contract, Carrier, whether or not the transport is commenced may without notice to Merchant elect to:
      1. treat the performance of this contract as terminated and place the goods at Merchant’s disposal at any place Carrier shall deem safe and convenient, or
      2. deliver the goods at the place of delivery.
      In any event, Carrier shall be entitled to full freight for any goods received for transportation and additional compensation for extra costs resulting from the circumstances referred to above.
   
   
6. BASIC LIABILITY.
   1. Carrier shall be liable for loss of or damage to the goods occurring between the time when it takes goods into its charge and the time of delivery but shall not be liable for any consequential damages arising from such loss or damage.
   2. If it is established that the loss of or damage to the goods occurred during sea carriage, liability shall be governed by the legal rules applicable as provided in Section (1) of this Bill of Lading.
   3. If it cannot be determined when the loss of or damage to the goods occurred, it shall be presumed that such loss or damage occurred during sea carriage and liability shall be governed as provided in Section 6.2 above.
   4. Carrier does not undertake that the goods shall be delivered at any particular time and shall not be liable for any direct or indirect losses caused by any delay.
   5. Carrier shall not be liable for any loss or damage arising from:
      1. an act or omission or Merchant or person other than Carrier acting on behalf of Merchant from whom Carrier took the goods in charge,
      2. compliance with the instructions of any person authorized to give them,
      3. handling, loading, stowage or unloading of the goods by or on behalf of Merchant,
      4. inherent vice of the goods,
      5. lack or insufficiency of or defective condition of packing in the case of goods, which by their nature are liable to wastage or damage when not packed or when not properly packed,
      6. insufficiency or inadequacy of marks or numbers on the goods, coverings or unit loads,
      7. fire, unless caused by actual fault or privity of Carrier,
      8. any cause or event which Carrier could not avoid and the consequences of which he could not prevent by the exercise of due diligence.
   6. With respect to the transportation performed by Inland Carriers to the port of loading or from the port of discharge, the responsibility of Carrier shall be to procure transportation by such carriers (one or more) and such transportation shall be subject to the Inland Carriers’ contracts of carriage or tariffs, which are incorporated herein by reference, and any law compulsorily applicable.
   7. When any claims are paid to Merchant by Carrier, Carrier shall automatically be subrogated to all rights of Merchant against all others, including Inland Carriers, on account of the losses of damages for which such claims are paid.
   
   
7. COMPENSATION FOR LOSS AND DAMAGE.
   1. Unless otherwise mandated by compulsorily applicable law, Carrier’s liability for compensation for loss of or damage to goods shall in no case exceed the amount of US$500 per package or per customary freight unit, unless Merchant, with the consent of Carrier, has declared a higher value for the goods in the space provided on the front of this Bill of Lading and paid extra freight per Carrier’s tariff, in which case such higher value shall be the limit of Carrier’s liability. Where a container is stuffed by Shipper or on its behalf, and the container is sealed when received by Carrier for shipment, Carrier’s liability will be limited to US$500 with respect to the contents of each such container, except when the Shipper declares the value on the face hereof and pays additional charges on ;such declared value as stated in Carrier’s tariff. The freight charged on sealed containers when no higher valuation is declared by the Shipper is based on a value of US$500 per container. However, Carrier shall not, in any case, be liable for an amount greater than the actual loss to the person entitled to make the claim.
   2. In any case where Carrier’s liability for compensation may exceed the amounts set forth in clause 7.1 above, compensation shall be calculated by reference to the value of the goods, according to their current market price, at the time and place they are delivered, or should have been delivered, in accordance with this contract. Carrier shall have the option of replacing lost goods or repairing damaged goods.
   3. If the value of the goods is less than US$500 per package or per customary freight unit, their value for compensation purposes shall be deemed to be the invoice value, plus freight and insurance, if paid.
   
   
8. DESCRIPTION OF GOODS. Merchant warrants to Carrier that all particulars of the goods, including, without limitation, the marks, number, quantity and weight, furnished by Merchant are correct and Merchant shall indemnify Carrier against all losses arising from any inaccuracy.


9. CARRIER’S CONTAINERS.
   1. If goods are not received by Carrier already in containers, Carrier may pack them in any type container.
   2. Merchant shall be liable to Carrier for damage to Carrier’s containers or equipment if such damage occurs while such equipment is in control of Merchant or his agents.
   3. Merchant indemnifies Carrier for any damage or injury to persons or property caused by Carrier’s containers or equipment during handling by or when in possession or control of Merchant.
   
   
10. CONTAINER PACKED BY MERCHANT. If Carrier receives the goods already packed into containers:
    1. This Bill of Lading is prima facie evidence of the receipt of the particular number of containers set forth, and that number only. Carrier accepts no responsibility with respect to the order and condition of the contents of the containers;
    2. Merchant warrants that the stowage and seals of the containers are safe and proper and suitable for handling and carriage and indemnifies Carrier for any injury, loss or damage caused by breach of this warranty;
    3. Delivery shall be deemed as full and complete performance when the containers are delivered by Carrier with the seals intact; and
    4. Carrier has the right but not the obligation to open and inspect the containers at any time without notice to Merchant, and expenses resulting from such inspections shall be borne by Merchant; and
    5. Merchant shall inspect containers before stuffing them and the use of the containers shall be prima facie evidence of their being sound and suitable for use.
    
    
11. DANGEROUS GOODS.
    1. Merchant may not tender goods of a dangerous nature without written application to Carrier and Carrier’s acceptance of the same, In the application, Merchant must identify the nature of the goods with reasonable specificity as well as the names and addresses of the shippers and consignees.
    2. Merchant shall distinctly and permanently mark the nature of the goods on the outside of the package and container in a form and manner as required by law and shall submit to Carrier or to the appropriate authorities all necessary documents required by law or by Carrier for the transportation of such goods.
    3. If the goods subsequently, in the judgment of Carrier, become & danger to Carrier, the ship, or other cargo, Carrier may dispose of the goods without compensation to Merchant and Merchant shall indemnify Carrier for any loss or expenses arising from such action.
    
    
12. DECK CARGO.
    1. Carrier has the right to carry the goods in any container under deck or on deck.
    2. Carrier is not required to note “on deck stowage” on the face of this Bill of Lading and goods so carried shall constitute under deck stowage for all purposes including the General Average.
    3. Except as otherwise provided by any law applicable to this contract, if this Bill of Lading states that the cargo is stowed on deck, then Carrier shall not be liable for any non-delivery, misdelivery, delay or loss to goods carried on deck, whether or not caused by Carrier’s negligence or the ship’s unseaworthiness.
    
    
13. HEAVY LIFT.
    1. Single packages with a weight exceeding 500 pounds gross not presented to Carrier in enclosed containers must be declared in writing by Merchant before receipt of the packages by Carrier. The weight of such packages must be clearly and durably marked on the outside of the package in letters and figures not less than two inches high.
    2. If Merchant fails to comply with the above provisions, Carrier shall not be liable for any loss of or damage to the goods, persons or property, and Merchant shall be liable for any loss of or damage to persons or property resulting from such failure and Merchant shall indemnify Carrier against any loss or liability suffered or incurred by Carrier as a result of such failure.
    3. Merchant agrees to comply with all laws or regulations that may be applicable during the carriage concerning overweight containers and Merchant shall indemnify Carrier against any loss or liability suffered or incurred by Carrier as a result of Merchant’s failure to comply with this provision.
    
    
14. DELIVERY.
    1. Carrier shall have the right to deliver the goods at any time at any place designated by Carrier within the commercial or geographic limits of the port of discharge or place of delivery shown in this Bill of Lading.
    2. Carrier’s responsibility shall cease when delivery has been made to Merchant, any person authorized by Merchant to receive the goods, or in any manner or to any other person in accordance with the custom and usage of the port of discharge or place of delivery.
    3. If goods should remain in Carrier’s custody after discharge from the ship and possession is not taken by Merchant, after notice, within the time allowed in Carrier’s applicable tariff, the goods may be considered to have been delivered to Merchant, and, at Carrier’s option, may be disposed of or stored at Merchant’s expense.
    
    
15. NOTICE OF CLAIM.
    1. Written notice of claims for loss of or damage to goods occurring or presumed to have occurred while in the custody of Carrier must be given to Carrier at the port of discharge before or at the time of removal of the goods by one entitled to delivery. If such notice is not provided, removal shall be prima facie evidence of delivery by Carrier. If such loss or damage is not apparent, Carrier must be given written notice within 3 days of the delivery.
    
    
16. FREIGHT AND CHARGES.
    1. Freight may be calculated on the basis of the particulars of the goods furnished by Merchant. Carrier and Merchant agree that it may be difficult or impossible to assess damages if freight is incorrectly declared. Therefore, in case of incorrect declaration of the goods, Merchant shall pay a sum equal to three times the difference between the correct freight and the freight charged as liquidated damages, notwithstanding any other sum having been stated herein as freight payable. Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by Carrier to Merchant are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon Carrier unless Carrier in writing specifically undertakes the handling of transportation of the shipment at a specific rate.
    2. Freight shall be deemed earned on receipt of goods by Carrier, whether the freight be intended to be prepaid or collected at destination. Payment shall be in full and in cash, in the currency named in this Bill of Lading, or another currency at Carrier’s option. Interest at 12% shall run from the date when freight and charges are due. If the services of a freight forwarder are used for this transportation, those services shall be deemed to be performed as agent of Merchant and payment of freight to the freight forwarder is not payment to Carrier. Full freight shall be paid on damaged or unsound goods. In any referral for collection or action against Merchant for monies due to Carrier, upon recovery by Carrier, Merchant shall pay the expenses of collection and litigation, including reasonable attorneys’ fees.
    3. Merchant shall be liable for all dues, duties, fines, taxes and charges, including consular fees, levied on the goods. Merchant shall be liable for return freight and charges on the goods if they are refused export or import by any government.
    4. All persons encompassed within the definition of “Merchant” as provided in section 2 of this Bill of Lading shall be jointly and severally liable to Carrier for the payment of all freight and charges, including advances. This provision shall apply regardless of whether the front of this bill of lading has been marked “prepaid” or “freight prepaid” so long as freight and charges remain unpaid.
    5. All persons encompassed within the definition of “Merchant” as provided in section 2 of this Bill of Lading shall jointly and severally indemnify Carrier for all claims, fines, penalties, damages, costs and other amounts which may be incurred or imposed upon Carrier by reason of any breach of Merchant of any of the provisions of this Bill of Lading or of any statutory or regulatory requirements.
    
    
17. LIEN. Carrier shall have a general lien on any and all property (and documents relating thereto) of Merchant, in its possession, custody or control or en route, for all claims for charges, expenses or advances incurred by Carrier in connection with any shipments of Merchant and if such claim remains unsatisfied for 30 days after demand for its payment is made, Carrier may sell at public auction or private sale, upon 10 days written notice, registered mail to Merchant, the goods, wares and/or merchandise or so much as may be necessary to satisfy such lien and the costs of recovery, and apply the net proceeds of such sale to the payment of the amount due Carrier. Any surplus from such sale shall be transmitted to Merchant, and Merchant shall be liable for any deficiency in the sale.


18. TIME BAR. Carrier shall be discharged from all liability for loss of or damage to goods unless suit is brought within 9 months after delivery of the goods or the date when the goods should have been delivered. The time bar for overcharge claims shall be that set forth in Carrier’s applicable tariff or 120 days, whichever is shorter and of legal effect under the laws of the country having jurisdiction over this contract.


19. JURISDICTION. Whenever COGSA applies by virtue of Section 1 of this Bill of Lading, this contract is to be governed by United States law and the U.S. District Court for the Southern District of New York is to have exclusive jurisdiction to hear all disputes hereunder. In all other cases, interpretation of this Bill of Lading shall be subject to the law and jurisdiction of the place where it is issued.


20. GENERAL AVERAGE.
    1. General Average shall be adjusted at New York, or any other port at Carrier’s option, according to the York-Antwerp Rules of 1974 with the exception of Sections 21 and 22. The General Average statement shall be prepared by adjusters appointed by Carrier.
    2. In the event of accident, damage, danger or disaster after commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not, for the consequence of which Carrier is not responsible by statute, contract or otherwise, Merchant shall contribute with Carrier in General Average to the payment of any sacrifice, loss or expense of a General Average nature that may be made or incurred, and shall pay salvage or special charges incurred in respect of the goods. If a salving vessel is owned or operated by Carrier, salvage shall be paid for as fully as if the salving vessel or vessels belonged to strangers.
    
    
21. BOTH-TO-BLAME COLLISION CLAUSE. If the ship comes into collision with another vessel as a result of negligence of the other vessel and any negligence or fault on the part of Carrier or its servants or subcontractors, Merchant shall indemnify Carrier against all loss or liability to the other or non-carrying vessel or her owners, insofar as such loss or liability represents loss of, or damage to, or any claim whatsoever of Merchant paid or payable by the other or non-carrying vessel or her owners to Merchant and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying ship or her owner. This provision shall apply as well where the owners, operators or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault with respect to a collision or contact.


22. CARRIERS’ TARIFFS.
    1. The goods carried under this Bill of Lading are also subject to all the terms and conditions of tariff(s) on file with the United States Federal Maritime Commission or any other regulatory agency which governs a particular portion of the carriage and the terms are incorporated herein as part of the terms and conditions of this Bill of Lading
    2. Copies of Carriers’ tariffs may be obtained from Carrier or its agents upon request or from the governmental body with whom the tariff has been filed.
    
    
23. PERISHABLE CARGO.
    1. Goods of a perishable nature shall be carried in ordinary containers without special protection, services or other measures unless there is noted on the reverse side of this Bill of Lading that the goods will be carried in a refrigerated, heated, electrically ventilated or otherwise specially equipped container or are to receive special attention in any way.
    2. Merchant undertakes not to tender for transportation any goods which require refrigeration without given written notice of their nature and the required temperature setting of the thermostatic controls before receipt of the goods by Carrier. In case of refrigerated containers packed by or on behalf of Merchant, Merchant warrants that the goods have been properly stowed in the container and that the thermostatic controls have been adequately set before receipt of the goods by Carrier.
    3. Merchant’s attention is drawn to the fact that refrigerated containers are not designed to freeze down cargo which has not been presented for stuffing at or below its designated carrying temperature. Carrier shall not be responsible for the consequences of cargo tendered at a higher temperature than that required for the transportation.
    4. If the above requirements are not complied with, Carrier shall not be liable for any loss of or damage to the goods whatsoever.
    
    
24. SEVERABILITY. The terms of this Bill of Lading 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.


25. VARIATION OF THE CONTRACT. No servant or agent of Carrier shall have power to waive or vary any of the terms hereof unless such variation is in writing and is specifically authorized or ratified in writing by a Director or Officer of the Carrier so to waive or vary.