Conditions of Contract

1. Carriage and other services performed hereunder are subject to these conditions and to the rates, rules, and classifications set forth in the Forwarder’s currently effective tariffs, which are available for inspection and incorporated into this contract by reference.
2. As used in this contract “Forwarder” means Classic Cargo and its authorized agents.
3. Shipper warrants that the description on the face of this airway bill is accurate and fully describes the articles being shipped hereunder and no claim will be presented for any other articles, the shipment is in good order and is packed and labeled to insure safe transportation with ordinary care and handling and all appreciate advance arrangements as required by the Forward’s tariff have been made.It is expressly agreed that and of the foregoing shipper representations or warranties shall prove to be incorrect, incomplete, or misleading in any material respect the same shall constitute a material breach of shipper’s duty of full disclosure and shall give rise to cause of action by carrier for misrepresentation and fraudulent concealment in addition to exonerating Forwarder from any liability for loss, damage, delay, or other result in connection with the shipment.
4. All shipments may, at Forwarder”s option, be opened and inspected.
5. Forwarder shall not be liable for loss, damage, delay or any other results caused by (a) acts of God, public enemies, public authorities acting with actual or apparent authority, authority of law, quarantine, riots, strikes, civil commotions, or hazards or dangers incident to a state of war; (b) the act or default of the shipper or consignee, including any breach of the warranty set forth in Paragraph 3 above; (c) the nature or size of the shipment or and defects, characteristic or inherent vice thereof; (d) violation by the shipper or consignee of any of these conditions of contract; (e) compliance or non- compliance with delivery or special instructions.
6. Forwarder shall not be liable for special or consequential damages.
7. In consideration of Forwarder’s rate for the transportation of any shipment, which rate, in part is dependent upon the value of the shipment, the shipper and all other parties having an interest in the shipment agree that the limit of the Forwarder’s liability shall be the lesser of:
   
   1. The amount of any damages actually sustained, or
   2.  Whichever is greater:
      
      1. The shipper’s insured value stated on the face hereof or
      2. $0.50 per pound multiplied by the weight of the piece(s), damaged or lost or
      3. $50 per shipment

   plus the amount of the forwarder’s transportation charges applicable to that part of the shipment lost or damaged. Unless a different amount is specified by the shipper, the declared value on a C.O.D. shipment shall be deemed to be the C.O.D. amount.

8. The shipper and the consignee shall be liable, jointly and severally; (a) for all paid charges payable on account of a shipment pursuant to this contract, and (b) to pay or indemnify Forwarder for all claims, fines, penalties, damages, costs, or other sums which may be incurred by Forwarder by reason of any violation of this contract or any other default of the shipper or consignee or their agents, or by any reason of any violation of applicable national or local law by the shipper or consignee or their agents. ( c) And in the event it becomes necessary for Forwarder to utilize a collection agency and/or attorney for collection of any unpaid charges, the actual fees incurred to collect those unpaid charges.
9. The Forwarder shall have a lien on the shipment for all sums due and payable to Forwarder.
10. In the event of the failure of inability of the consignee to take delivery of the shipment. Forwarder will notify the shipper in writing at the address shown on the airbill and request disposition instructions. If the shipper fails to provide disposition instructions within 30 days after the date of Forwarder’s notice. Forwarder will return the shipment at a public or privates sale and pay itself out of the proceeds to satisfy the transportation charges on the shipment.
11. Forwarder will exercise due diligence in routing shipments. In the absence of specific contrary instructions by the shipper on the airbill, Forwarder may divert any shipment to surface transportation in order to expedite its movement. Regardless of the method of transportation employed.. The Forwarder’s air freight charges from origin to destination will apply.
12. Claims for loss, damage discovered by the consignee after delivery and after a clear receipt has been given to Forwarder must be reported in writing to Forwarder within 15 days after delivery of the shipment, with privilege to Forwarder to inspect the shipment and its container(s) and packing material within 15 days after receipt of such notice. (On shipments to Puerto Rico and Canada, claims must be reported within 7 days after delivery.)
13. Claims for loss, damage or delay must be made in writing within 240 days after the date of acceptance of the shipment by the Forwarder. (On shipments to Puerto Rico and Canada, must be made within 120 days.)
14. No claims with respect to a shipment, any part of which is received by the congress, will be entertained until all transportation charges have been paid.
15. Claims for overcharges or duplicate billings must be made in writing within a period of one year after the date of acceptance of shipment by the Forwarder.
16. Forwarder shall not be liable in any action unless a claim has been filed and such action is brought within 1 year after the date written notice is given to the claimant that Forwarder has disallowed the claim in full or part. (On shipments to Canada, action must be brought within 2 years after delivery of shipment.)
17. International air carriage is subject to the rules relating to the liability established by the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929.
18. To the extent that it is not governed by Federal Law, this Contract, and the tariffs incorporated by reference shall be constructed and the performance of the transportation hereunder unenforceable, the remainder of the Contract shall not be affected thereby.
19. Weights declared by shipper are subject to re weighing by Forwarder and or to dimensional correction as set forth in Forwarder’s tariffs.
20. No agent, servant, or representative of Forwarder has authority to alter, modify, or waive any provision of this contract.