TERMS & CONDITIONS OF SERVICE
These terms and conditions of service constitute a legally binding contract between the "Company" and the "Customer". In the event the Company renders services and issues a document containing Terms & Conditions governing such services, the Terms & Conditions set forth in such other document(s) shall govern those services.
1. Definitions
(a) "Company" shall mean Advanced Freight Service, LLC, its subsidiaries, related companies, agents and/or representatives;
(b) "Customer" shall mean the person for which the Company is rendering service, as well as its agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper's agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and copy(s) of these Terms & Conditions of Service to all such agents or representatives;
(c) "Documentation" shall mean all information received directly or indirectly from Customer, whether in paper or electronic form;
(e) "Third parties" shall include, but not limited to, the following: "carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise".
(f) "Cargo" shall mean any goods, merchandise, raw materials, supplies, equipment, products, or other property that is the subject of any services rendered or to be rendered by, through, or under Company;
(g) "Services" shall mean all handling, freight forwarding, brokerage, transportation, logistics, or other services relating to or involving the import, export, pickup, handling, transportation, and/or delivery of Cargo as defined herein;
(h) "Force Majeure Event" shall mean any circumstance beyond the reasonable control of Company, including but not limited to: acts of God (flood, earthquake, storm, hurricane, tornado, or other natural disaster); epidemic or pandemic; fire or explosion; war, armed conflict, invasion, acts of terrorism, or civil unrest; government actions, embargoes, or sanctions; labor disputes, strikes, or lockouts; cyberattacks, ransomware, or other cybersecurity incidents; power failures or infrastructure outages; carrier capacity constraints or transportation disruptions; or any other cause beyond Company's reasonable control.
2. Company as agent.
The Company acts as the "agent" of the Customer for the purpose of performing duties in connection with the securing of export and import licenses and permits, the preparation and filing of export and import documentation on behalf of the Customer, and other dealings with Government Agencies in connection with the transportation of Customer's goods; as to all other services, Company acts as an independent contractor.
3. Limitation of Actions.
(a) All claims against the Company for a potential or actual loss must be made in writing and received by the Company within the following time periods: (i) For claims arising from transportation where the primary mode is domestic air, domestic surface, or international surface transportation, within ninety (90) days from the date of delivery; (ii) For claims arising from International Air Freight transportation: (A) visible damage must be reported immediately upon discovery but no later than fourteen (14) days from the date of delivery; (B) concealed damage must be reported within seven (7) days from the date of delivery; (iii) non-delivery must be reported within one hundred twenty (120) days from the date of issuance of the air waybill. Failure to notify Company with timely written notice shall constitute a complete defense to any suit or action commenced by Customer.
(b) Delivery Notations. At the time of delivery, Customer or Customer's consignee must inspect each shipment and note on the delivery receipt any visible exceptions, damage, shortage, or signs of tampering. Notations of "subject to inspection" or "subject to recount" shall not constitute a valid exception. Any claim for loss or damage must be submitted within the applicable time periods set forth in Section 3(a) above. Failure to provide timely written notice shall constitute a complete defense to any claim for loss or damage and shall bar any suit or action by Customer arising therefrom.
(c) No claim shall be entertained by Company until all transportation charges owing to Company for the affected shipment have been paid in full.
(d) All suits against Company must be filed and properly served on Company as follows:
(i) For claims arising out of international air transportation, within two (2) years from the date of arrival of the goods at the destination, or from the date on which arrival should have occurred, or from the date on which carriage stopped;
(ii) For claims arising out of domestic air and ground transportation, within two (2) years from the date on which Company has declined the claim in whole or in part;
(iii) For any and all other claims of any other type, within two (2) years from the date of the loss or damage.
4. No Liability for the Selections or Services of Third Parties and/or Routes.
Unless services are performed by person or firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does Company assume responsibility or liability for any actions(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company.
5. Quotation Not Binding.
Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer.
6. Reliance on Information Furnished.
(a) Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with any Government Agency and/or third parties on Customer's behalf, and will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any such declaration;
(b) In preparing and submitting export and import documentation, declarations, applications, and/or data to the United States and/or a third party, the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall use reasonable care to ensure the correctness of all such information and shall indemnify and hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer's failure to disclose information or any incorrect or false statement by the Customer upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to import or export the goods.
7. Declaring Higher Value to Third Parties
Third Parties to whom the goods are entrusted may limit liability for loss or damage. Company will request excess valuation coverage only upon specific written instructions from Customer received at least seventy-two (72) hours prior to the scheduled pickup or tender of the shipment, and Customer must agree to pay any charges therefor. In the absence of timely written instructions, or the refusal of the third party to agree to a higher declared value, at Company's discretion, the goods may be tendered to the third party subject to the terms of the third party's limitations of liability and/or terms and conditions of service, and Company shall have no additional liability therefor.
8. Insurance.
Unless requested to do so in writing and confirmed by Customer in writing, Company is under no obligation to procure insurance on Customer's behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance.
9. Disclaimers; Limitation of Liability.
(a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;
(b) Subject to (d) below, Customer agrees that in connection with any and all services performed by the Company, the Company shall only be liable for its negligent acts, which are the direct and proximate cause of any injury to Customer, including loss or damage to the Customer's goods, and the Company shall in no event be liable for the acts of third parties;
(c) In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefore, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s).
(d) In the absence of additional coverage under (c) above, Company's liability for any claim shall be limited to $100.00 per shipment or transaction, except where applicable law or any international convention to which the United States is a party mandates a higher liability limit, in which case such mandatory minimum shall apply.
(e) In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory or punitive damages even if it has been put on notice of the possibility of such damages.
(f) Company shall have no liability for any loss, damage, delay, or failure to perform arising directly or indirectly from a Force Majeure Event as defined herein. In the event of a Force Majeure Event, Company shall provide prompt written notice to Customer and shall be excused from performance for the duration of such event. Company shall use commercially reasonable efforts to resume performance as soon as reasonably practicable. During a Force Majeure Event, Company reserves the right to reroute shipments, use alternative carriers or modes of transportation, and to adjust pricing to reflect documented actual cost increases, subject to advance notice to Customer where practicable.
(g) Customer shall not tender to Company for transportation any of the following articles without prior written disclosure to and written acceptance by Company: currency or negotiable instruments; antiques or original works of art; jewelry, precious metals, or gemstones; live animals; human remains or biological specimens; hazardous materials or dangerous goods (except as separately agreed in writing); Cargo requiring temperature control (except as separately agreed in writing); or any items prohibited by applicable law. Company shall have no liability for loss or damage to any articles tendered in violation of this provision, and Customer shall indemnify and hold Company harmless from any resulting costs, fines, penalties, or liabilities.
10. Advancing Money.
All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to Customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company.
11. Indemnification/Hold Harmless.
Except to the extent directly caused by Company's own negligence or willful misconduct, Customer agrees to indemnify, defend, and hold the Company and its affiliates, officers, employees, agents, and representatives (collectively, the "Company Parties") harmless from and against any and all claims, actions, losses, liabilities, damages, penalties, fines, expenses, and costs (including reasonable attorneys' fees) caused by, arising from, or relating to: (i) the importation or exportation of Customer's goods; (ii) any act, omission, negligence, or willful misconduct of Customer or its agents, employees, or contractors; (iii) any breach by Customer of its representations, warranties, or obligations under these Terms & Conditions; (iv) inaccurate, incomplete, or false information or documentation furnished by Customer upon which Company reasonably relied; (v) Customer's failure to comply with any applicable federal, state, or local laws, regulations, or customs requirements; or (vi) claims by third parties arising from Customer's instructions or conduct in connection with any shipment. In the event that any claim, suit, or proceeding is brought against the Company, it shall give notice in writing to the Customer by mail at its address on file with the Company.
12. C.O.D. or Cash Collect Shipments.
Company shall use reasonable care regarding written instructions relating to "Cash/Collect" or "Cash on Delivery (C.O.D.)" shipments, bank drafts, cashier's and/or certified checks, letter(s) of credit and other similar payment documents and/or instructions regarding collection of monies but shall not have liability if the bank or consignee refuses to pay for the shipment.
13. Payment.
(a) Customer shall make payments to Company, without deduction or setoff, within thirty (30) days of the date on the original invoice. Payments received more than forty (40) days after the date of the invoice shall incur late charges in the amount of fifteen percent (15%) per annum of the outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less, from the due date until paid.
(b) Customer shall be liable (i) for all unpaid charges payable on account of a shipment pursuant to the contract, and (ii) to pay or indemnify Company for all claims, fines, penalties, damages, costs or other sums which may be incurred by Company by reason of any violation of this contract or any other default.
(c) Overcharge and Undercharge Claims. All claims for overcharge or undercharge shall be made within one hundred eighty (180) days of the date of the original invoice, or the date of the shipment, whichever comes first. The passage of such one hundred eighty (180) day period shall be complete bar to any actions to recover an undercharge or overcharge.
(d) Credit Card Payments. All payments by credit card are subject to a three percent (3%) charge based on the invoiced amount. All payments that are not paid within forty (40) days after the date of invoice may be processed by Company with the customer's credit card on file. Customers’ signatures on this agreement allows Company to process payment and with this signature the Customer agrees to pay the total amount charged in compliance with the cardholder’s agreement.
14. Forfeiture of Discounts and Costs of Collection.
(a) All discounts offered, as indicated on the invoice faces, are forfeited should Customer fail to comply in all respects with payment terms. In any dispute involving monies owed to Company, the Company shall be entitled to all costs of collection, including reasonable attorney's fees and interest at fifteen percent (15%) per annum or the highest rate allowed by law, whichever is less, unless a lower amount is agreed to by Company.
(b) If payment is not received from Customer within sixty (60) days from the invoice date, the account will be submitted to a collection agency and may be done so without notice to Customer.
15. General Lien and Right to Sell Customer's Property.
(a) Company shall have a general and continuing lien on any and all property of Customer coming into Company's actual or constructive possession or control for monies owed to Company regarding the shipment on which the lien is claimed, a prior shipment(s) and/or both;
(b) Company shall provide written notice to Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage or other charges; Customer shall notify all parties having an interest in its shipment(s) of Company's right and/or the exercise of such lien.
(c) Unless, within thirty (30) days of receiving notice of lien, Customer posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to one hundred ten percent (110%) of the value of the total amount due, in favor of Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, Company shall have the right to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer.
16. No Duty to Maintain Records for Customer.
Customer acknowledges that it has the duty and is solely responsible for maintaining all records required under applicable Laws and Regulations of the United States and any other applicable jurisdiction in connection with the import and export of goods; unless otherwise agreed to in writing, the Company shall only keep such records as it is required to maintain by applicable Statute(s) and/or Regulation(s), but shall not act as a "recordkeeper" or "recordkeeping agent" for Customer.
17. Preparation and Issuance of Bills of Lading.
Where Company prepares and/or issues a bill of lading, Company shall be under no obligation to specify thereon the number of pieces, packages and/or cartons, etc.; unless specifically requested to do so in writing by Customer or its agent and Customer agrees to pay for same, Company shall rely upon and use the cargo weight supplied by the Customer.
18. No Modification or Amendment Unless Written.
These Terms & Conditions of Service may only be modified, altered, or amended in writing, signed by both Customer and Company; any attempt to unilaterally modify, alter, or amend same shall be null and void.
The failure of Company to insist upon the performance of any provision of these Terms & Conditions, or to exercise any right provided herein, shall not be construed as a waiver of any such provision or right. No waiver of any provision shall be deemed a continuing waiver of that provision or any other provision of these Terms & Conditions.
19. Compensation of Company.
The compensation of the Company for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by the Company from carriers, insurers, and others in connection with the shipment. Upon request, the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. In any referral for collection or action against the Customer for monies due the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including reasonable attorney's fees.
20. Severability.
In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect.
21. Governing Law; Consent to Jurisdiction and Venue.
These Terms & Conditions of Service and the relationship of the parties shall be construed according to the laws of the State of Arkansas without considering principles of conflict of law. All disputes arising hereunder shall be resolved in Washington County, Arkansas and in no other place. Customer and Company (i) irrevocably consent to the jurisdiction of the State and Federal courts located in Washington County, State of Arkansas; (ii) agree that any action relating to the services performed by Company, shall only be brought in said courts; (iii) consent to the exercise of in personam jurisdiction by said courts over it, and (iv) further agree that any action to enforce a judgment may be instituted in any jurisdiction.
22. Shipper understands and agrees that any and all air cargo tendered on behalf of our Company is subject to inspection per TSA regulation IACSSP 3.1.E.
23. Customer Responsibilities; Packing.
(a) Customer is responsible for properly marking, packing, and labeling all Cargo so that it will safely withstand ordinary mechanical handling in transit and comply with all applicable laws and regulations. Customer warrants that the description of all Cargo, including but not limited to weight, content, measure, quantity, quality, condition, marks, numbers, value, and country of origin, is correct and complete in all respects.
(b) Unless otherwise disclosed in writing by Customer and accepted in writing by Company, Customer warrants that Cargo tendered to Company does not contain or constitute hazardous materials or dangerous goods as defined by the U.S. Department of Transportation or the International Air Transport Association. Customer must notify Company in writing of any Cargo classified as dangerous goods or hazardous materials at least seventy-two (72) hours prior to tender and must properly classify, describe, and package such Cargo in accordance with all applicable regulations.
(c) Customer shall not tender Cargo requiring temperature control without prior written notice to Company and Company's prior written agreement to provide such services. Company shall not be liable for loss or damage to temperature-sensitive Cargo unless Company has accepted such Cargo in writing and failed to make reasonable efforts to maintain the required temperature conditions.
(d) Uncrated, unprotected, or improperly packaged Cargo is accepted by Company on a hold-harmless basis. Company shall have no liability for damage to such Cargo, and Customer shall indemnify, defend, and hold Company harmless from any loss, damage, claim, or expense arising from Customer's failure to properly pack, mark, or label Cargo.
24. Force Majeure.
Company shall not be liable for any loss, damage, delay, or failure to perform any obligation under these Terms & Conditions to the extent caused by a Force Majeure Event as defined herein. Company shall give Customer prompt written notice upon becoming aware of a Force Majeure Event materially affecting performance and shall use commercially reasonable efforts to resume performance as soon as reasonably practicable after the Force Majeure Event has ceased. Customer's obligation to pay for services already rendered or costs already incurred by Company prior to the Force Majeure Event shall not be affected. During a Force Majeure Event, Company reserves the right to reroute shipments, engage alternative carriers or modes of transportation, and to adjust pricing to reflect documented cost increases attributable to the Force Majeure Event, subject to advance notice to Customer where reasonably practicable.
25. Cargo Fraud and Carrier Identity Verification.
Company shall not be liable for any loss or damage arising from identity theft, cargo theft, or fraudulent conduct by third parties, including individuals or entities misrepresenting themselves as authorized carriers, agents, or representatives. Where Company has provided Customer with information regarding the identity of a carrier or driver assigned to a pickup (including name, license plate, or carrier number), Customer shall verify such information before tendering any shipment and shall not tender the shipment if the carrier or driver who arrives does not match the information provided by Company. Company shall have no liability for any loss or damage resulting from Customer's failure to verify carrier or driver identity as required herein.
Multimodal Waybill Contract of Carriage
NOTICE OF LIMITATION OF LIABILITY: If the carriage involves an ultimate destination or stops in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and, in most cases, limit the liability of the Carrier in respect of loss of, damage, or delay to cargo. Depending on the applicable regime, and unless a higher value is declared, liability of the Carrier may be limited to USD fifty cents ($0.50) per pound converted into national currency under applicable law.
1. In this contract and the Notices appearing hereon:
- CARRIER includes the carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such cartage.
- SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International Monetary Fund.
- WARSAW CONVENTION means whichever of the following instruments is applicable to the contract of carriage: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929; that Convention as amended at The Hague on 28 September 1955; that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be.
- MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999.
2.1 International air carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not "international carriage" as defined by the applicable Conventions.
2.2 To the extent not in conflict with the foregoing carriage and other related services performed by each Carrier are subject to:
2.2.1 applicable laws and government regulations;
2.2.2 provisions contained in the air waybill, Carrier's conditions of carriage and related rules, regulations, and timetables (but not at the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales offices from which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier's conditions of carriage. The Carrier's conditions of carriage include, but are not limited to:
2.2.2.1 limits on the Carrier's liability for loss, damage or delay of goods, including fragile or perishable goods;
2.2.2.2 claims restrictions, including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or omissions, or those of its agents;
2.2.2.3 rights, if any, of the Carrier to change the terms of the contract;
2.2.2.4 rules about Carrier's rights to refuse to carry;
2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting.
3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth on the face hereof or shown in Carrier's timetables as scheduled stopping places for the route. Carriage to be performed here under by several successive Carriers is regarded as a single operation.
4.1 For carriage to which neither the Warsaw Convention nor the Montreal Convention applies, Carrier's liability limitation shall not be less than the limit set out in these general conditions of carriage for cargo lost, damaged, or delayed, provided that any such limitation of liability in an amount less than 17 SDR per kilogram will not apply during periods of international air carriage to or from the United States.
4.2 During all periods of inland or domestic transportation, Carrier's liability shall be limited in accordance with applicable national law or convention, and such limitations of liability shall in no event be considered altered or increased by this contract. Where permissible under applicable national law or convention, Carrier's liability during all periods of inland or domestic transportation shall be limited to USD fifty cents ($0.50) per pound. For periods of inland or domestic transportation in the United States, and for good and sufficient consideration acknowledged hereby, shipper and consignee expressly agree to WAIVER as defined under 49 U.S.C. section 14101 (b), of Carrier's general liability and the minimum periods for the filing of claims and civil actions, as defined under 49 U.S.C. section 14706 (a) (1) and (e) (1), and any successor statutes.
5.1 Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with Carrier's tariff, conditions of carriage and related regulations, applicable laws (including national laws implementing the Warsaw Convention and the Montreal Convention), government regulations, orders, and requirements.
5.2 When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.
6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shippers to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.
6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, in accordance with the procedures set forth in its general conditions of carriage and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required.
7.1 In cases of loss of, damage, or delay to part of the cargo, the weight to be considered in determining Carrier's limit of liability shall be only the weight of the package or packages concerned.
7.2 Notwithstanding any other provisions, for "foreign air transportation" as defined by the U.S. Transportation Code:
7.2.1 In the case of loss of, damage, or delay to a shipment, the weight to be used in determining Carrier's limit of liability shall be the weight which is used to determine the charge for carriage of such shipments; and
7.2.2 in the case of loss of, damage, or delay to a part of a shipment, the shipment weight in 7.2.1 shall be prorated to the packages covered by the same air waybill whose value is affected by the loss, damage, or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.
8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier's agents, employees, and representatives and to any person whose aircraft or equipment is used by Carrier for carriage and such person's agents, employees, and representatives.
9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs, and government regulations, Carrier may use alternative carriers, aircraft, or modes of transport without notice but with due regard to the interests of the shipper. Carrier 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. Notwithstanding the foregoing, Carrier's obligation to complete carriage with reasonable dispatch shall be excused during any Force Majeure Event, including but not limited to acts of God, war, terrorism, government action, strikes, labor disputes, pandemic, epidemic, natural disaster, or any other cause beyond Carrier's reasonable control. In such event, Carrier shall use commercially reasonable efforts to complete carriage as soon as practicable and shall have the right to reroute, substitute carriers or aircraft, or adjust routing without liability to shipper, provided reasonable notice is given where practicable.
10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.
10.1 in the case of loss or damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made:
10.1.1 in the case of damage to the cargo: (A) in the case of visible damage, immediately after discovery of the damage and at the latest within fourteen (14) days from the date of delivery; (B) in the case of concealed damage, within seven (7) days from the date of delivery, subject to 4.3
For domestic shipments where delivery occurs within the United States, notice of visible damage must be provided to Carrier within seventy-two (72) hours of delivery. Failure to provide timely notice of visible damage shall create a rebuttable presumption that the cargo was delivered in good condition.
10.1.2 in the case of non-delivery of the cargo, within one hundred twenty (120) days from the date of issue of the air waybill, subject to 4.3
10.1.3 in the case of claims arising from any period of inland or domestic transportation, issues of timely notice of claim and time for suit are governed in accordance with applicable national law or convention, and such time limits shall in no event be considered altered or extended by this contract. Under all circumstances relative to transportation subject to paragraph 4.2, any rights and/or claims against Carrier shall be extinguished unless notice is given within two hundred seventy (270) days from the date of delivery or intended delivery (seven (7) days in the event of concealed damage) and an action is brought within two (2) years from the date written notice is given that Carrier has disallowed the claim in whole or in part.
10.2 such complaint may be made to the Carrier whose air waybill was used, or to the first Carrier or to the last Carrier or the Carrier, which performed the carriage during which the loss, damage, or delay took place.
10.3 unless written complaint is made within the time limits specified in 4.3 or 10.1, respectively, no action may be brought against Carrier.
10.4 any rights to damages against Carrier shall be extinguished unless an action is brought within two (2) years from the date of arrival at the destination, or from the date on which the aircraft should have arrived, or from the date on which the carriage stopped, subject to 4.3.
11. Shipper shall comply with all applicable laws and government regulations of any country to or from which the cargo may be carried, including those relating to the packing, carriage, or delivery of the cargo, and shall furnish such information and attach such documents to the air waybill as may be necessary to comply with such laws and regulations. Shipper warrants that all cargo descriptions, weights, dimensions, and other information provided are accurate and complete. Carrier is not liable to shipper and shipper shall indemnify and hold Carrier harmless from and against any loss, damage, claim, fine, penalty, or expense (including reasonable attorneys' fees) arising from or relating to: (i) shipper's failure to comply with any applicable law, regulation, or government requirement; (ii) inaccurate, incomplete, or false cargo descriptions or documentation provided by shipper; (iii) shipper's failure to properly declare, describe, pack, mark, or label any dangerous, hazardous, or restricted goods; or (iv) claims by third parties arising from shipper's instructions or conduct in connection with the carriage.
12. No agent, employee, or representative of Carrier has authority to alter, modify, or waive any provisions of this contract.
13. Shipper, consignee, and bill-to party are jointly and severally liable for all charges related to this shipment. Charges may be reversed to the parties responsible if shipment is refused or payment is not made by the original bill-to party. Carrier maintains its right to lien cargo for all advances, claims, costs, freight charges, duties, taxes, demurrage, money due, and payable to the Carrier in accordance with applicable national law or convention.
In any dispute for collection of freight charges or other amounts owed hereunder, Carrier shall be entitled to recover all costs of collection, including reasonable attorneys' fees and interest at the maximum rate permitted by applicable law from the date such charges became due and payable.
14. Where permissible under controlling national law or convention, Carrier, shipper, and consignee agree that all claims or disputes hereunder shall be determined exclusively in the State and Federal courts located in Washington County, State of Arkansas. Carrier, shipper, and consignee each agree to submit to personal jurisdiction in said courts.
15. If any clause or a part thereof is held to be invalid, the validity of this airwaybill and the remaining clauses or a part thereof shall not be affected.
16. In no event shall Carrier be liable for any consequential, indirect, incidental, punitive, or special damages arising from or related to the transportation of cargo under this contract, including but not limited to loss of revenue, loss of profit, loss of market, or loss of use, even if Carrier has been advised of the possibility of such damages.