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TERMS AND CONDITIONS OF CARRIAGE
The property described on the bill of lading in apparent good order, except as
noted (contents and condition of contents of packages unknown), marked,
consigned, and destined as indicated below, which said carrier (the word carrier
being understood throughout this contract as meaning any person or corporation
in possession of the property under the contract) agrees to carry to its usual
place of delivery at said destination, if on its route, otherwise to deliver to
another carrier on the route to said destination. Satellite Air-Land Motor
Service does not guarantee that delivery will be effectuated to meet any
particular market, exhibition, or sailing. It is mutually agreed, as to each
carrier of all or any of said property over all or any portion of said route to
destination and as to each party at any time interested in all or any of said
property that every service to be performed hereunder shall be subject to all
the terms and conditions of the Standard Truckload Bill of Lading.
Carrier shall not be liable in any event for any special incidental or
consequential damages including but not limited to loss of profits income,
utility, interest or loss of market whether or not carrier had knowledge that
such damage might be incurred.
Shipper hereby certifies that he is familiar with all the terms and conditions
of the said bill of lading, including those on the back thereof set forth in the
classification or tariff which governs the transportation of the shipment, and
the said terms and conditions are hereby agreed to by the shipper and accepted
by himself and his assigns.
Shipper must enter the amount of any Shipper's C.O.D. which shall be collected
subject to the fee and rules of the delivering carrier. If cash or a certified
check is mandatory, that must be stated on the bill of lading. Otherwise, a
company check will be accepted, at the risk of the shipper.
The Shipper agrees to be jointly liable with the Consignee/Recipient for all
unpaid charges payable on account of shipment that is made "Collect" (i.e. with
the understanding that the transportation charges will be billed to the
Recipient/Consignee).
Shipper hereby agrees to pay all court costs and attorney's fees incurred by
carrier in enforcing any of the terms of this agreement and in collection of any
sums owing pursuant to this agreement by shipper for services rendered by
carrier.
In tendering the shipment for carriage the SHIPPER WARRANTS that the shipment(s)
is packaged adequately to protect the enclosed goods and to insure safe
transportation with ordinary care and handling, and that each package is
appropriately labeled and except as noted, is in good order and condition. All
shipments are subject to inspection by Carrier, including but not limited to
opening the shipment. Carrier is not however obligated to perform such
inspection of goods.
Carrier shall have a lien on this shipment for all sums due and payable to
carrier. Carrier reserves the right to demand payment of all outstanding and
past due freight charges as a precondition for releasing this shipment(s) at
destination. This right includes the right to demand payment upon delivery of
this shipment(s) at anytime.
In event of failure or inability of the consignee to take delivery of the
shipment, carrier's liability shall become that of a warehouseman. Carrier will
notify Shipper in writing at the address shown on the airbill and request
disposition instruction. If the Shipper fails to provide disposition
instructions within 7 days after the date of Carriers notice, Carrier will
return the shipment to the shipper at the Shipper's expense. If the Shipper
fails to accept delivery of shipment thus returned Carrier 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 satisfy the transportation and any
disposal costs associated with the shipment. Any sums collected by Carrier 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 severally for any deficiency
Shipper certifies that the particulars on the face hereof are correct and that
insofar as any part of the consignment contains Dangerous Goods, such part is
properly classified and described by name and is in proper condition for
carriage by surface or air according to the applicable Dangerous Goods
Regulation. Every party, whether principal or agent, who ships explosives or
dangerous goods, without previous full written disclosure to the carrier of
their nature, shall be liable for and indemnify the carrier against all loss or
damage caused by such goods.
Customer hereby acknowledges waives its right to raise defense of lack of
personal jurisdiction in any lawsuit commenced by Satellite Air-Land Motor
Service, Inc. against Customer, and Customer hereby consents to the exercise of
personal jurisdiction over it by the Superior Court for the County of DuPage in
the Judicial District of carrier's choosing in any lawsuit commenced against
Customer by Satellite Air-Land Motor Service Inc. Customer also stipulates that
the laws of the State of Illinois shall apply and govern in any lawsuit
concerning this agreement. Suits for loss or damage must be instituted against
any carrier no later than two years and one day from the day when written notice
is given by the carrier to the claimant that the carrier has disallowed the
claim or any part or parts of the claim specified in the notice.
Customer hereby agrees to pay interest at the rate of 1.5% per month, plus 30%
collection fees on all amounts Customer owes Satellite Air-Land Motor Service,
Inc. which have not paid within 30 days of the invoice date.
Contracting party will assume all recovery costs associated
with bad debt collections. These costs included but are not limited to,
collection fees, attorney fee’s, and court costs.
Concealed Damage: Written notice of loss due to concealed damage after clear
receipt of goods has been given, must be reported in writing within 5 days after
date of delivery with privilege of Carrier to inspect the shipping container and
its contents within 15 days from date of such notifications received by the
Carrier. Goods must be retained in original container until inspection has been
completed.
Formal claims must be filed with the carrier within 270 (total) days after
delivery date. Failure to file formal claim within the limitations (time) noted
will result in declination of the claim. No claim will be entertained until all
transportation charges have been paid. All claims should be filed with the
Corporate Office, Satellite Air-Land Motor Service, Inc., 1400 N. Mittel
Boulevard, Suite B, Wood Dale, IL 60191.
Carrier's liability for loss, damage or delay to cargo in the absence of a
higher declared value shall be $.50 per pound or $50.00 per shipment, whichever
is greater, based on the portion of the shipment lost or damaged. If shipper
declares a value for the shipment covered by this bill on the front side hereof,
Shipper shall pay an additional rate surcharge of $.97 per $100.00 value or
portion thereof, up to a maximum liability of $25,000.00 per bill of lading.
Maximum carrier liability for damage or loss to partial shipments shall be
determined by multiplying any declared value times the weight of the damaged or
lost article divided by the entire weight of the shipment. If Shipper elects to
procure insurance to cover its risk of loss during transit, Shipper agrees to
indemnify and hold harmless Satellite Air-Land Motor Service and any carrier
retained by it with respect to claims by its subrogees in excess of the declared
released evaluation as determined under this paragraph. Carrier shall not be
liable for damage caused by force majeure, Acts of God, war or terrorism or the
inherent vice of the shipment.
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