1. Carriage and other services performed hereunder are subject to these conditions and to the rates, rules and classifications set forth in STEVENS’ tariffs, which are available for inspection and incorporated into this Contract by reference. For international air shipments, this Waybill shall be subject to the provisions of the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Oct. 12, 1929, as amended by Protocol No. 4 of Montreal.
2. As used in this Contract “STEVENS” means Stevens Global Logistics, Inc., and its authorized agents.
3. All shipments may, at STEVENS’ option, be opened and inspected.
4. STEVENS shall not be liable for any loss, damage, delay, misdelivery, non-delivery or other result not caused by its own negligence. STEVENS shall not be liable for (a) acts of God, public enemies, public authorities acting with actual or apparent authority, authority of law, quarantine, riots, strikes, civil commotions, terrorism, or hazards or dangers incident to a state of war, (b) the actions or non-actions of the shipper or consignee, including any breach of the warranty or violations of third party contracts; or (c) compliance or non-compliance with delivery or special instructions.
5. STEVENS shall not be liable for special or consequential damages.
6. STEVENS’ domestic and Canadian deferred liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $.50 per pound, per piece, of cargo lost, damaged, misdelivered or otherwise adversely affected. This limitation is subject to provisions as published in STEVENS’ governing tariffs in effect at the time of this shipment. STEVENS’ international Air liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $9.07 per pound, per piece, of cargo lost, damaged, misdelivered or otherwise adversely affected, whichever is greater, and in no event to exceed the actual invoice value of the goods lost or damaged unless cargo moved is via land transit, in which case liability is limited to $.50 per pound. Values declared for carriage by the shipper at the time of receipt of the shipment by STEVENS shall be subject to a valuation charge of $.60 per $100 declared.
7. Unless each piece of the shipment has a declared value stated and is specifically identified on the STEVENS Waybill at time of shipment and is so identified on the STEVENS Waybill as being lost, damaged, destroyed, or otherwise adversely affected at time of delivery, STEVENS shall be liable, subject to tariff provisions in effect at the time of the shipment, for the average declared value per pound of the shipment multiplied by the packaged weight of the piece(s) adversely affected. The average declared value per pound of this shipment shall be determined by dividing the total declared value of the shipment by the total weight of the shipment.
8. The shipper, the consignee and the third party, if applicable, shall be liable, jointly and severally: (a) for all unpaid charges payable on account of a shipment pursuant to this Contract, and (b) to pay or indemnify STEVENS for all claims, fines, penalties, damages, legal expenses, costs or other sums which may be incurred by STEVENS by reason of any violation of this Contract or any other default of the shipper or consignee or their agents.
9. STEVENS shall have a general lien on the shipment for all sums due and payable to STEVENS.
10. In the event of the failure or inability of the consignee to take delivery of the shipment, STEVENS will notify shipper in writing at the address shown on the Waybill and request disposition instructions. If the shipper fails to provide disposition instructions within 30 days after the date of STEVENS’ notice, STEVENS will return shipment to the shipper at the shipper’s expense. If the shipper fails to accept delivery of a shipment thus returned, STEVENS may, upon 30 days written notice to the shipper, dispose of the shipment at public or private sale and pay itself out of the proceeds to STEVENS the transportation charges owing on the shipment. Any sums collected by STEVENS 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 any deficiency.
11. STEVENS will exercise due diligence in routing shipment. In the absence of specific contrary instructions by the shipper on the Waybill, STEVENS can substitute alternate carriers or means of transportation (which would include surface as well as water) and select the routing or deviate from that shown on the reverse side of the Waybill. Regardless of the method of transportation employed, STEVENS’ quoted freight charges from origin to destination will apply.
12. Claims for loss or damage discovered by the consignee after delivery and after a clear receipt has been given to STEVENS must be reported in writing to STEVENS within 24 hours after delivery of the shipment with privilege to STEVENS to inspect the shipment, its container(s) and packing material within 12 days after receipt of such notice.
13. Claims for loss, damage or delay on a shipment for which there is no signed receipt must be made in writing within a period of 110 days after the date of acceptance of the shipment by STEVENS
14. 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.
15. Claims for overcharges or duplicate billing must be made in writing within one year from the date of acceptance of shipment by STEVENS.
16. STEVENS shall not be liable in any action unless such action is brought within one year after the date written notice is given to the claimant that STEVENS has disallowed the claim in full or in part.
17. For some international air shipments, STEVENS reserves the option to act as an agent of the airline, instead of as a Forwarder. In such event the direct airline’s tariffs shall apply to this shipment.
18. To the extent that Federal law does not govern it, this Contract and the tariffs 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 STEVENS. If any provision of the Contract, including the tariffs incorporated by reference, is determined to be invalid or unenforceable the remainder of this Contract shall not be affected thereby.
19. STEVENS acts as self-insurer for liability amounts below one thousand five hundred dollars, and maintains insurance liability in excess thereof.
20. Shipper’s COD amount collected by STEVENS on shipper’s behalf will be advance only after a minimum of ten banking days after receipt by STEVENS. STEVENS will not be liable for any fraudulent certified or cashiers checks.
21. Shipper warrants that each package in this shipment is: (a) properly described on the Waybill; (b) properly marked and addressed; (c) adequately packaged to protect the enclosed goods for safe transportation; and (d) in good order and condition except as specifically noted otherwise. For articles shipped in open or reused containers, STEVENS shall not be liable for damage or loss in the absence of abusive handling; loss is evident; and loss is noted on the receipt at time of delivery. The parties specifically agree that an executed receipt without notification of abusive handling and/or damage shall be deemed conclusive proof that the shipment was properly handled with due care.
22. At time of delivery consignee must note on the Waybill any exceptions to the shipping containers that would indicate a discrepancy (shortage in the shipment or damage to the containers). The consignee may not inspect the contents of the shipping containers until the consignee signs for the shipment on the delivery receipt.
Note: Notations such as “subject to inspection” and “subject to recount” will not be recognized.
23. The following articles will not be accepted for carriage: Alcohol, Animals, Any shipment prohibit by law, Bonds, Coins of any kind, Currency, Diamonds, Fish, Gems of any kind, Gold, Granite, Household goods, Negotiable securities, One of a kind – stamp or coin collection, Personal effects, Securities (Negotiable), Silver, Spirits, Time sensitive Bids, Contracts or Proposals, Unaccompanied baggage, or Used motorcycles, motor vehicles, or motor boats.
24. Unless otherwise expressly provided in STEVENS’ tariffs, and subject to any conditions or restrictions container herein, the following articles are restricted if the declared value of the shipment exceeds $.50 per pound for domestic or Canadian deferred, or $9.07 for International airfreight: Antiques of any kind, Artwork (Originals), Asbestos, Bricks, Cameras, Carborundum wheels, Cast Iron Articles, Cell phones, Cement Products, China, Cigarettes, Clocks, Crucibles, Crystal Ware, Display booths (where glass or lighting fixtures included), earthenware, Electric Bulbs (or items containing electric bulbs, e.g., Neon signs), Firebricks, Flour, Flowers/Plants, Fragile articles, Fur clothing, Glass Bottled goods, Grains, Iron, Jewelry (Other than costume), Knitting Machines, Laboratory Ware, Lasers or Laser equipment, Lighting Fixtures, Marble or Marble tiles, Meal, Neon signs, Non-Negotiable documents of any kind, One of a kind ( Artifacts, artwork/photographs-commercial/advertising, evidence for trail, film, models, negative/master tapes ,transparencies/slides, or trophies music), Paintings of any kind, Perishable goods, Plants, Plaster casts, Porcelain ware, Pottery, Radio tubes or isotopes, Statues-One of a kind, Steel items, Stoneware, Televisions-(containing Flat Panel, Plasma or LCD screens), Textile machines, Tobacco, Tubes-(Cathode ray, transmitting, TV or X-Ray), Vacuum flasks, or Vitreous enameled objects.
25. Used and/or Refurbished equipment – can be moved with a Declared Value only against all risks of physical loss or damage from any external cause but excepting those risks as are excluded by the F.C.&S., Nuclear Exclusion and S.R.&S.S. clauses of this cover note, and further excluding the risks of rust, oxidation, discoloration, marring, scratching, chipping or denting, electrical and/or mechanical breakdown or derangement and ware and tear. Goods to be valued at Actual Cash Value, plus 10% should the current commercial invoice not be available. Each claim for loss or damage shall be subject to a $500 deductible.
26. Items containing glass – Can be shipped with a Declared Value only against all risks of physical loss or damage from any external cause but excluding any broken glass or damage caused by broken glass.
27. Unless inserted otherwise on the face of the Waybill, the C.O.D. amount of a shipment shall be deemed to be the declared value for carriage amount and shall be subject to a valuation charge of $.60 per $100 declared.
28. C.O.D. amounts must be paid to the carrier by cashier’s check, certified check, money order, or if authorized by shipper in writing or by endorsement on the face of the Waybill, STEVENS will accept the consignee’s check made payable to the shipper. The sole responsibility of STEVENS shall be to secure the appropriate financial instrument as requested by the shipper and to exercise due care and diligence in forwarding it to the shipper. STEVENS is not a guarantor of the validity of the financial instrument.
29. Shipper and consignee shall hold STEVENS and its agents harmless for loss, damage, or delay which is a result of auxiliary services including but not limited to local cartage, crating, uncrating, packing and unpacking, which are requested by the shipper or consignee and arranged by STEVENS as a customer service unless such services are actually preformed by STEVENS or its agents. Such limitation of liability shall extend to the selection by STEVENS of the providers of the auxiliary services. Auxiliary services are those that are performed prior or subsequent to transportation and which may be billed directly by the provider of the service or by STEVENS. Providers of the auxiliary services are contractors for the shipper or consignee and are not agents for STEVENS. Local carriage is the movement of unpackaged/uncrated freight. NOTE: Under no circumstances will the liability of STEVENS for loss, damage, or delay, which is the result of any auxiliary services, performed by STEVENS or its agents, be greater than the liability contained in this Contract.
30. In the event either party files action to enforce the terms of this contract, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs.
31. Shipper agrees that if no level of service is marked on the Waybill, the shipment will be automatically shipped and invoiced as a Two Day shipment.
32. Payment terms are due on receipt. Contract or special rates may be considered void and the shipment re-rated at full tariff if not paid in 30 days.
33. Cargo items tendered for air transportation are subject to aviation security controls by air carriers and when appropriate, other government regulations. Copies of all relevant shipping documents showing the cargo’s consignee, description, and other relevant data will be retained on file until the cargo completes its air transportation.
34. In the event a shipment is accepted (or tendered) by (or to) STEVENS on a straight, through or other bill of lading, STEVENS’ terms and conditions shall supercede any and all other terms and conditions.
35. This contract incorporates all of the written representations and warranties of both parties and supercedes all negotiations and oral representations.
Terms and Conditions are subject to change.
Current updates can be read at www.stevensglobal.com in the “terms and conditions” link