TERMS & CONDITIONS
Exhibit Transfer, Inc.
CONDITIONS OF CONTRACT
(Applicable on all shipments)
1. As used in these Conditions of Contract, “Carrier” means Exhibit Transfer, Inc. and/or all surface and air carriers that carry or undertake to carry the goods hereunder or perform any other services incidental to such carriage. These Conditions of Contract apply to each and every Bill of Lading issued by the Carrier, with the same force and effect as though fully stated therein.
2. By tendering the shipment described in Carrier’s Bill of Lading 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. Carrier’s BILL OF LADING IS NON-NEGOTIABLE for all shipments and has been prepared by shipper or on shipper’s behalf by Carrier. Shipper warrants the shipment is properly described on the face hereof as to its proper contents. Shipper warrants that the shipment is packaged to prevent damage from normal care in handling during transportation and any fragile items must be professionally packaged or crated. Shipper further affirms that the shipment is not of a nature unsuitable for carriage by air or hazardous thereto.
3. (a) It is mutually agreed that the shipment described in Carrier’s Bill of Lading is accepted on the date hereof in apparent good order (except as noted) for carriage as specified herein, 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 of carriage. (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.
4. Carrier undertakes to complete the carriage hereunder with reasonable dispatch. 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 some 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.
5. 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, government regulation, demand, order or requirement.
6. 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 Carrier’s BILL OF LADING 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, loss or expense due to the shipper’s failure to comply with this provision.
7. Shipment is subject to charges for actual or dimensional weight in accordance with Carrier’s applicable rules. In cases of loss or damage to the consignment, the weight to be taken into account in determining Carrier’s limit of liability shall be only the actual weight of the package or packages concerned. Notwithstanding any other provision, in the case of loss or damage of a shipment or part thereof, the weight to be used in determining Carrier’s limit of liability shall be the weight that is used (or a pro rata share in the case of a partial shipment loss or damage) to determine the transportation charge for such shipment.
8. Subject to the conditions herein, Carrier shall be liable for loss or damage to the goods solely during for the period of time the goods are in Carrier’s exclusive care, custody, and control, or that of its duly authorized 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 APPROVAL BY EXHIBIT TRANSFER, INC. IS REQUIRED FOR SHIPMENTS HAVING A VALUE MORE THAN $5,000.00.
9. For domestic shipments not having a declared value, the total liability of Carrier shall in no event exceed $.50 per pound of each piece of the shipment actually lost or damaged (but not less 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.
10. For shipments having a declared or insured value inserted on the BILL OF LADING 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 ICC Clauses C. (b) 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, 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), or any types of models or prototypes.
11. Carrier’s liability for declared value and/or legal liability claims must be a direct result of Carrier’s sole negligence, and will 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 and all consequential or special damages resulting from any damage or loss, and whether or not Carrier had knowledge that such damages might be incurred. Carrier shall not be liable for any loss, damage or other result caused in whole or in part 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 confined 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.
12. Notice of arrival of goods will be given promptly upon request to the consignee or to the person indicated on the face hereof as the person to be notified. 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.
13. 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.
14. (a) Claims for visible loss and/or damage must be made in writing to Carrier as soon as reasonably possible upon delivery of the shipment, but in no event later than five days after the date of delivery of the shipment to consignee. Claims for overcharges or duplicate payments must be made in writing within 30 days after the date of acceptance of the shipment. All claims must be filed in writing to Exhibit Transfer, Inc., 16009 Executive Drive, Crest Hill, IL 60403. (b) Concealed damage and/or loss discovered by the consignee after delivery and after a clear receipt has been given to the Carrier must be reported to Carrier in writing within 10 days after delivery of the shipment, 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. (c) In the case of non-delivery of the goods a written complaint must be made to the Carrier within 21 days from the date of the issuance of the BILL OF LADING. (d) No claim with respect to a shipment, any part of which is received by the consignee, will be considered until all transportation and other related charges have been paid to Carrier. Shipper may not deduct the amount of any claim from those charges.
15. Carrier shall not be liable in any suit to enforce a claim unless the claimant has complied with Carrier’s claim procedures. Any and all rights against Carrier shall be extinguished unless a suit is filed and Carrier is served with Summons and Complaint within 90 days after the date written notice is given to the claimant that Carrier has disallowed the claim in whole or in part. The federal and state Courts located in Cook County, Illinois will have the sole and exclusive jurisdiction of any suit filed against Carrier hereunder.
16. Any exclusion or limitation of liability applicable to Carrier shall also 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. Carrier shall also have the benefit of any exclusion or limitation of liability separately applicable to such agents, servants, representatives and equipment providers.
17. If Carrier offers insurance, and shipper requests such insurance, and if the appropriate premium is paid and these facts are recorded on the face hereof, the goods covered by this BILL OF LADING are insured under an open policy 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 an office of the Carrier by the interested party. Claims under such policy must be reported in writing immediately to an office of Carrier.
18. Shipper, consignee, owner and current possessor of goods shall be liable, jointly and severally, to pay and indemnify Carrier for all claims, fines, penalties, damages, costs or other sums (including reasonable attorneys’ fees) 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 payable to Carrier on account of any shipment. Carrier shall have a lien on the shipment for sums due and payable.
19. 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 pick-up, delivery or other ground service in connection with the shipment.
20. Hazardous materials of any kind must be tendered to Exhibit Transfer, Inc. in accordance with all packing, marking, labeling and documentation requirements of AIR SHIPMENTS as indicated in the most current IATA DANGEROUS GOODS REGULATIONS.
21. 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.