- SCOPE OF CONDITIONS .
These conditions shall govern and apply to all services provided by sky express int'l L.L.C BY SINGING THIS AIRBILL, and THE CUSTOMER ACKOWLEDGES THAT HE/SHE HAS READ THESE CONDITIONS AND AGREES TO BE BOUND BY EACH OF THEM . Sky Express int'l shall not be bound by any agreement that varies from these conditions , unless such agreement is in writing and signed by an authorized officer of sky Express int'l . L.L.C.. in the absence of such written agreement , these conditions shall constitute the entire agreement between sky express int'l L.L.C.. and each of its customer . No employee of sky Express int'l L.L.C..shall have the authority to alter or waives these terms and conditions , expect as stated herein.- SKY EXPRESS INT'L L.L.C OBLIGATIONS
Sky Express int'l L.L.C agrees , subject to payment of applicable rates and charges in effect on the date of acceptance by sky express int'l L.L.C.. of a customer's shipment . to arrange for the transportation of the shipment between the location agreed upon by sky express int'l L.L.C and the customer . sky Express int'l L.L.C reserves the right to transport the customer's shipment by any route and procedure , by successive carriers , and according to its own handling , storge and transportation methods .- SERVICE RESTRICTION
Sky express int'L.L.C.. reserves the Right to refuse any ducoments or parcels from any person , firm or company at its own discretion. Sky express int'l L.L.C.. reserves the right to abandon carriage of any shipment at any time after acceptancewhen such shipment could possiblycause damge or delay to other shipment , equipment or personnel or when any such carriage is prohibited by law or is in violation of any of the rules contained herein. Sky express int'l . L.L.C.. reserves the right to openand inspect any shipment consigned by a customer to ensure that it is capable of carriage to the state or country of destintion with in the standred customs procedures and handling methods of sky express int'l L.L.C.. in exercising the right , sky express int'l L.L.C.. does not warrant that any particular item to be carried is capable of carriage , without infringing the law of any country or state through wich the item may be carried.- LIMITATION OF LIABILITY
Subject to section 5 and 6 hereof : Sky Express int'l L.L.C will be responsible for the customer's shipment only while it is within SKY EXPRESS INT'L L.C custody and control , sky ecpress int'l L.L.C shall not be liable for loss or damage of shipment while reshipment is out of Sky express int'L.L.C.. custody or control Sky express int'L.L.C.. LIABILTY IS IN ANY EVENT LIMITED TO TWENTY FIVE US DOLLARS (US $25/=) or its equivalent per shipment unless a higher value is declared on the airway bill at the time of tender andan additional charge is paid for , as assessed and determined by Sky express int'L.L.C.. for each twenty five dollars (US $25 /=) or fraction the reof by which the insured value designated by the customer on the airway bill exceeds twenty five Dollars (US $25/=) Per Shipment . Not with standing the foreging , should the customer at the of tender ,declare a higher value than one hundred dollars (US $100.00)on the airway bill , Sky express int'L.L.C.. liability shall in any event be limited to the lower of the insured value or the amount of any loss or damage actually sustained by the customer . The actual value of ashipment shall be ascertained by reference to its replacement , reconstituation or reconstruction value at the time and place of shipment , whichever is less without reference to its commetcial utility to the customer or to other items ofconsequential loss . NOT WITHSTANDING ANY OF FOREGOING THE MAXIMUM INSURED CALUE OF ANY SHIPMENT ACCEPTED BY Sky express int'L.L.C.. IS TEN THAUSAND DOLLARS (US $100,000.00) AND IN NO EVENT SHALL LIABILTY OF Sky express int'L.L.C.. EXCEED THAT AMOUNT .- CONSEQUENTIAL DAMAGES EXCLUDED
Sky express int'L.L.C.. SHALL NOT BE LIABLE , IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL OR INCIDENTIAL DAMAGE OR OTHER INDIRECT LOSS HOWEVER ARISING , WHETHER OR NOT Sky express int'L.L.C.. HAD KNOW LEDGE THAT SUCH DAMAGE MIGHT BE INCURRED INCLUDING . BUT NOT LIMITED TO LOSS OF ONCOME PROFITS INTEREST UTILITY OR LOSS OF MARKET .
- LIABILITY NOT ASSUMED
Sky express int'L.L.C.. shall be not liable for any loss . damage . delay miss delivery , non delivery not caused by its own negligence , or for any loss damage delay miss delivery or non delivery coused by
The act , default or omission the shipper or consignee or any other party who claims an interest in the shipment
The nature of the shipment or any defect , characteristic , or inherent vice thereof.
Ciolation by the shipper or consignee of any term or condition stated herein including , but not limited to improper or insufficient packing , securing ,marking or addressing , miss describing the contents of any shipment or failure to observe any these rules relating to the shipments not acceptable for transportation wether such ruler are now or here after promulgated by Sky express int'L.L.C..
Acts of God ,perils of the air ,enemies public authorities acting with actual or apparent authority or law , acts omission of postal customs or other government official , riots ,strikes or other local disputes , hazard incidents to astate of war ,weather ,conditions temperature or atmospheric changes or conditions , mechanical or other delay of any air craft used in providing transportation, regardless of wether the shipper requested or had knowledge of such third party delivery requirement
Electrical or magnetic injury erasure or other such damage to electronic or photoghraphic images or recordings in any form , or damage due to insects or vermin .
While Sky express int'L.L.C.. will endeavor to exercise its best efforts to provide expeditios delivery in accordance with regular delivery schedules Sky express int'L.L.C.. will not under any circumstances be liable for delay in pickup , transportation or delivery of any shipment regardless of the causes of such delay .
- MATERIALS NOT ACCEPTABLE FOR TRANSPORT
Sky express int'L.L.C.. will notify customer from time to time as to certain classes of materials which are not accepted by Sky express int'L.L.C.. for carriage it’s the customers responsipilty to accurately describe the shipment on this airbill and to ensure that no material is delivered to sky express international , which has been declared to be unacceptable by Sky express int'L.L.C..
Sky express int'L.L.C.. will not carry :
ProPerty , the carriage of which is prohibited by any law ,regulation or state or local government of any country from, to or through which the prparty may be carried and firearms ,lewd,obscense or pornographic material ,money order , bullion , currency , travelers ,checks works of art , stamps , industrial carbon and daiamonds negetiabole instruments in bearer form ,deeds ,intiques ,jewelry hazardous or combustible material , plants , precious materials , cashier cheks , animals , precious stone material.
In the event that any customer should consign to Sky express int'L.L.C.. any such them , as described above , or any them which the customer jhas under valued for customs purposes or not described whether intetionaly or otherwise the customer shall indemnify and hold Sky express int'L.L.C.. harmless from all claims damages . fines and expenses arising is connection therewith , and Sky express int'L.L.C.. shall have the right to abandon such property and / or realize possession of said property to any agent or employee of any national or local government claiming jurisdiction over such materials immedietly upon Sky express int'L.L.C.. obtaining knowledge that such materials infringing these conditions have been turned over to Sky express int'L.L.C.. shal be free to exercise any of its right reserved to it under this section without incurring liability whatoever to the customer .
-PAKING
The paking of the customer's documents or goods or transportation is the customer's sole responsibility , including the placing of the goods or documents in any container which may be supplied by the customer to Sky express int'L.L.C.. the sole responsibility of the customer to address adequately each consignment of documents or goods to enableeffective delivery to be made . Sky express int'L.L.C.. shall not be liable for delay in forwarding or delivery resulting from the customer's failure to comply with iths obligation in this respect .
-NEGLIGENCE
The customer is liable for all losses , damages and expenses arising as a result of its failure to comply with obligation under this agreement as a result of its negligence .
-CHARGES
Any Rates quoted by Sky express int'L.L.C.. for carriage are inclusiveof local airport taxes , but exclusive of any value added taces , duties , levies , imposts , deposits or outlays incurred in respect of carriage of the customer's goods should the customer indicate by endorsement in the space provided on the air bill that the reciver shall be liable for any customs duty , the customer shall be liable for such customs duty in the event of a default in payment by the receiver Sky express int'L.L.C.. will not be liable for any penalties imposed or loss or damage incurred due to the customer hereby indemnify Sky express int'L.L.C.. against such penalty or loss.
-PROPERTY
Sky express int'L.L.C.. will not carry documents or goods which are the property of the customer's and the customer warrants that it is authorized to accept and is accepting these conditions not only on behalf of itself but as agent and on behalf of all other persons who are or may hereafter be interested in the documents or goods . the customer hereby under takes to indemnify Sky express int'L.L.C.. against any damages , costs and expenses resulting from any breach of this warranty.
-CLAIMS
ANY CLAIMS AGAINST Sky express int'L.L.C.. MUST BE SUBMITTED IN WRITING TO THE OFFICE OF Sky express int'L.L.C.. NEAREST THE LOCATION WHERE THE SHIPMENT WAS ACCEPTED WITHIN SIXTY (60 DAYS) OF THE DATE OF ACCEPTANCE BY Sky express int'L.L.C..
-NON –DELIVERY OF SHIPMENT
Not whith standing the shipper's instruction to the contrary , the shipper shall be liable for all costs and expenses related to the shipment of the package and for costs incurred in either returning the shipment or warehousing the shipment pending disposition
-SHIPMENT INSURANCE
Sky express int'L.L.C.. can arrange insurance or shipper covering the actual cash value in respect of loss of or physical damage to the shipment provided the shipper completes the insurance section on the front of the waybill or requests it via Sky express int'L.L.C.. automated systems and pays the applicable premium shipment insurance does not cover indirect loss or damage , or loss or damage coused by delays .
THIS IS A NON NEGOTIABLE AIRBILL ALL SERVICES PROVIDED ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE OF SHIPPER'S COPY BY SIGNING THIS AIRBILL , THE SHIPPER ACKNOWNLEDGES THAT HE /SHE HAS READ THESE CONDITIONS AND AGREES TO BE BOUND BY EACH OF THEM Sky express int'L.L.C..LIABILITY IS LIMITED TO US $25.00 IN TENDERING THIS SHIPMENT SHIPPER AGREES THAT Sky express int'L.L.C.. SHALL NOT BE LIABLE FOR SPECIAL INCIDENTIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE CARRIAGE HEREOF Sky express int'L.L.C.. DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THIS SHIPMENT