You will be liable for attorneys fees if we go to collection.
In tendering the shipments(s) described herein for carriage shipper agrees to these conditions of contract which no agent or employee may alter and that this airway bill is non-negotiable and has been prepared by him or on his behalf by carrier.
It is mutually agreed that the shipment(s) described herein on the date hereof in apparent good order (except as noted)for carriage as specified herein, subject to governing tariffs in effect as of the date hereof said tariffs are available for inspection by the parties hereto and are hereby incorporated and made part of this contract.
3-RIGHT TO INSPECT-
We may at our option, open and inspect your packages before or after you give them to us to deliver.
The shipper is responsible for preparing, marking and labeling the shipment so as to ensure safe transportation with ordinary care in handling.
Unless a greater value is declared herein, the shipper agrees and declares that the value of the property is released to an amount not exceeding fifty dollars ($50.00) for any shipment of 100 pounds or less and not exceeding fifty cents ($.50) per pound for shipments in excess of 100 pounds. The maximum valuation declared cannot exceed twenty-five dollars ($25,000.00) unless prior arrangements have been made. When the shipper makes a declaration of value, a valuation charge of $.60 per $100.00 of valuation with a minimum of $20.00, will be charged on declared value amount.
6-CONSEQUENTIAL AND SPECIAL DAMAGES-
In any event, we will not be liable for any damage, whether direct,incidental,special, or consequential in excess of the declared value of a shipment, whether or not Synergy Logistcs,Inc. had knowledge that such damages might be incurred including but not limited to loss of income or profits. WE WILL NOT BE LIABLE -for your acts or omissions, including but not limited to improper or insufficient packing, securing, marking, or addressing, or those of the recipient or anyone else with an interest in the shipment. -if you or the recipient violates any terms of our Agreement. -for loss or damage to shipments of misclassified or prohibited items. -for loss,damage,or delay caused by events we cannot control, including but not limited to acts of God, perils of the air or ground, weather conditions, acts of public enemies,war,strikes,civil commotions, or acts of public authorities with actual or apparent authority.
Shipments of extraordinary value namely: artwork, jewelery, furs, precious metals, gems, all negotiable instruments. Shipments of live animals or insects; shipments of human remains, cremated or disinterred.
Shipper must enter the amount of any COD which shall be collected subject to the fee and rules of the delivering carrier. The COD amount will be collected in the form of cash; company, personal, cashier or certified check, unless otherwise specified.
9-RESPONSIBILTY FOR PAYMENT-
Even if you give us different payment instructions, you will always be primarily responsible for all shipment charges. We reserve the right to collect from any party relative to the shipment, including but not limited to shipper, consignee, and or third party. You also agree to pay or indemnify Synergy Logistics for all claims, fines, penalties, damages, legal expenses, costs or other sums which may be incurred by Synergy Logistics by reason of any violation of this contract or any other default of the shipper or consignee or their agents. All invoices are due within thirty days (30) of presentation. Balance subject to Finance Charge of 1 ½ monthly after 30 days.
Weight charges will be computed as to actual or dimensional (volume), whichever is greater. For calculation purpose, 194 cubic inches for domestic shipments or 166 cubic inches for international shipments will equal one pound.
All claims shall be made in writing within 90 days of shipment. We are not obligated to act on any claim until all freight charges are paid in full. You may not deduct the amount of the claim from those charges.
Air carriage is subject to the rules relating to the liability established by the Unification of Certain rules relating to International Carriage Air, signed at Warsaw October 12, 1929.On international shipments, the liability rules under the Warsaw Convention shall apply, limiting liability in most cases to $9.07 per pound, unless higher valuation is declared and charges paid thereon.
13- LIENS ON SHIPMENTS-
We shall have a lien on the shipment for all sums due and payable to us. In the event of non-payment of any sum payable to us, the shipment may be held by us and be subject to storage and/or disposed of at public or private sale, with notice to shipper or consignee, paying us out of the proceeds of such sale all sums due and payable to us including storage charges. The shipper and /or consignee shall continue to be liable for the balance of any unpaid charges payable on account of the shipment.
14- ROUTING OF SHIPMENTS-
Synergy Logistics will exercise due diligence in routing shipment. In the absence of specific contrary instruction by the shipper on the airbill, Synergy Logistics may divert any shipment to surface transportation in order to expedite its movement. Regardless of the method of transportation employed, Synergy Logistics airfreight charges from origin to destination will apply.