These terms and conditions of service constitute a legally binding contract between the "Company" and the "Customer". In the event the Company renders services and issues a document containing Terms and Conditions governing such services, the Terms and Conditions set forth in such other document(s) shall govern those services.
The Company acts as the "agent" of the Customer for the purpose of performing duties in connection with the entry and release of goods, post entry services, the securing of export licenses, the filing of export and security documentation on behalf of the Customer and other dealings with Government Agencies, or for arranging for transportation services or other logistics services in any capacity other than as a carrier.
Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does Company assume responsibility or liability for any actions(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company.
Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer.
Third parties to whom the goods are entrusted may limit liability for loss or damage; the Company will request excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any charges therefore; in the absence of written instructions or the refusal of the third party to agree to a higher declared value, at Company's discretion, the goods may be tendered to the third party, subject to the terms of the third party's limitations of liability and/or terms and conditions of service.
Unless requested to do so in writing and confirmed to Customer in writing, Company is under no obligation to procure insurance on Customer's behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance.
All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company.
The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability, fines, penalties and/or attorneys' fees arising from the importation or exportation of customers merchandise and/or any conduct of the Customer, including but not limited to the inaccuracy of entry, export or security data supplied by Customer or its agent or representative, which violates any Federal, State and/or other laws, and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs, claims, penalties, fines and/or expenses, including but not limited to reasonable attorney's fees, which the Company may hereafter incur, suffer or be required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought against the Company, it shall give notice in writing to the Customer by mail at its address on file with the Company.
Company shall use reasonable care regarding written instructions relating to "Cash/Collect on Deliver (C.O.D.)" shipments, bank drafts, cashier's and/or certified checks, letter(s) of credit and other similar payment documents and/or instructions regarding collection of monies but shall not have liability if the bank or consignee refuses to pay for the shipment.
In any dispute involving monies owed to Company, the Company shall be entitled to all costs of collection, including reasonable attorney's fees and interest at 12% per annum or the highest rate allowed by law, whichever is less unless a lower amount is agreed to by Company.
Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 USC §1508 and 1509) it has the duty and is solely liable for maintaining all records required under the Customs and/or other Laws and Regulations of the United States; unless otherwise agreed to in writing, the Company shall only keep such records that it is required to maintain by Statute(s) and/or Regulation(s), but not act as a "recordkeeper" or "recordkeeping agent" for Customer.
Unless requested by Customer in writing and agreed to by Company in writing, Company shall be under no obligation to undertake any pre- or post Customs release action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.
Unless requested by Customer in writing and agreed to by the Company in writing, Company shall not be responsible for determining licensing authority or obtaining any license or other authority pertaining to the export from or import into the United States.
Where Company prepares and/or issues a bill of lading, Company shall be under no obligation to specify thereon the number of pieces, packages and/or cartons, etc.; unless specifically requested to do so in writing by Customer or its agent and Customer agrees to pay for same, Company shall rely upon and use the cargo weight supplied by Customer.
These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.
The compensation of the Company for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by the Company from carriers, insurers and others in connection with the shipment. On ocean exports, upon request, the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. In any referral for collection or action against the Customer for monies due the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.
Company shall not be liable for losses, damages, delays, wrongful or missed deliveries or nonperformance, in whole or in part, of its responsibilities under the Agreement, resulting from circumstances beyond the control of either Company or its sub-contractors, including but not limited to:
In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in Full force and effect. Company's decision to waive any provision herein, either by conduct or otherwise, shall not be deemed to be a further or continuing waiver of such provision or to otherwise waive or invalidate any other provision herein.
These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the State of California without giving consideration to principles of conflict of law.
By tendering materials for shipment via A7S (AIR 7 SEAS TRANSPORT LOGISTICS, Inc), the Shipper agrees to the terms and conditions stated herein and to A7S’s STANDARD CONDITIONS OF CARRIAGE which are incorporated into this contract by reference and which are available from or for inspection at any A7S associated offices. No agent or employee of A7S of the Shipper may alter or modify these items and conditions.
This A7S AIRBILL is NON-NEGOTIABLE, and the Shipper acknowledges that it has been prepared by the Shipper or by A7S on behalf of the Shipper. The Shipper warrants that it is the owner of the goods transported hereunder, or it is the authorized agent of the owner of the goods, and that it hereby accepts A7S terms and conditions for itself and as agent for and on behalf of any other person having any interest in the shipment.
The Shipper warrants that each article in the shipment is properly described on the AIRBILL and has not been declared by A7S to be unacceptable for transport, and that the shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling. The Shipper shall be liable for all costs and expenses related to the shipment and for costs incurred in either returning the shipment to the Shipper or warehousing the shipment pending disposition.
A7S shall have the right to (i) substitute alternate carriers or other means of transportation, and (ii) select the routing or deviate from that shown on the face hereof.
A7S has the right, but not the obligation, to inspect any shipment including, without limitation, opening the shipment.
A7S shall have a lien on any goods shipped for all freight charges, customs duties, advances or other charges of any kind arising out of the transportation hereunder and may refuse to surrender possession of the goods until such charges are paid.
Rates and charges for this shipment will be based on actual or dimensional weight, whichever is greater.
The Shipper and the Consignee shall be liable jointly and severally for all unpaid charges payable on account of this shipment pursuant to this contract and to pay or indemnify A7S for claims, fines, penalties, damages, costs (storage, handling, reconsignment, return of freight to Shipper, etc.) or other sums which may be incurred by A7S by reason of any violation of this contract or any other default of the Shipper or Consignee or their agents. A7S shall have a lien on any goods shipped for failure to pay for charges due and payable on account. A7S may refuse to surrender possession of the goods until such charges are paid. Should A7S bring legal action for the enforcement of this contract or collection of any sums due and payable under this contract, A7S shall be entitled to reasonable attorney fees and costs. g. Should A7S successfully defend itself for any legal actions brought by any party with an interest in this shipment, A7S shall be entitled to reasonable attorney fees and costs.
A7S’S LIABILITY, IN THE ABSENCE OF A HIGHER DECLARED VALUE FOR CARRIAGE, IS LIMITED TO A MINIMUM OF $50.00 PER SHIPMENT OR $1.00 PER POUND, PER PIECE, OF CARGO LOST, DAMAGED, MISDELIVERED OR OTHERWISE ADVERSELY AFFECTED. THIS LIMITATION IS SUBJECT TO PROVISIONS AS PUBLISHED IN A7S’S GOVERNING TARIFFS IN EFFECT AT THE TIME OF THIS SHIPMENT. DECLARED VALUES FOR CARRIAGE IN EXCESS OF $1.00 PER POUND, PER PIECE, SHALL BE SUBJECT TO AN EXCESS VALUATION CHARGE.
A7S shall not be liable, in any event, for any consequential or special damages or other indirect loss, however arising, whether or not A7S had knowledge that such damages might be incurred, but not limited to, loss of income, profits, interest, utility or loss of market.
While A7S will endeavor to exercise its best expeditious delivery in accordance with regular delivery
schedules, A7S WILL
NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR DELAY IN PICK-UP, TRANSPORTATION OR DELIVERY OF ANY
SHIPMENT, REGARDLESS OF THE CAUSE OF SUCH DELAY.
Further A7S shall not be liable for any loss, damage, mis-delivery or non-delivery:
OVERCHARGE CLAIMS MUST BE RECEIVED IN WRITING BY A7S WITHIN TWO YEARS AFTER DATE OF ACCEPTANCE OF THE SHIPMENT BY A7S. ALL OTHER CLAIMS (EXCEPT CONCEALED LOSS/DAMAGED CLAIMS) MUST BE RECEIVED IN WRITING BY A7S WITHIN 90 DAYS AFTER A7S ACCEPTED THE SHIPMENT. CONCEALED LOSS/DAMAGED CLAIMS (I.E., CASH FOR LOSS OR DAMAGE DISCOVERED BY THE CONSIGNEE AFTER DELIVERY AND AFTER A CLEAR RECEIPT HAS BEEN GIVEN) MUST BE RECEIVED IN WRITING BY A7S WITHIN 14 DAYS AFTER DELIVERY. FOR DAMAGE CLAIMS AND CONCEALED LOSS CLAIMS, A7S MUST BE NOTIFIED OF THE DAMAGE OR CONCEALED LOSS WITHIN 14 DAYS OF DELIVERY AND A7S MUST BE ALLOWED THE PRIVILEGE TO MAKE INSPECTION OF THE SHIPMENT AND ITS CONTAINER(S) AND PACKAGING MATERIAL(S) AT THE DELIVERY LOCATION SHOWN ON THIS AIR BILL. NO CLAIMS WILL BE ENTERTAINED UNTIL ALL TRANSPORTATION CHARGES HAVE BEEN PAID. CLAIMS MAY NOT BE DEDUCTED FROM TRANSPORTATION CHARGES AND NO CHARGES AND NO CLAIMS MAY BE DEDUCTED FROM ANY CHARGES OWED A7S. LEGAL ACTION TO ENFORCE A CLAIM MUST BE BROUGHT WITHIN ONE YEAR AFTER THE CLAIM HAS BEEN DENIED IN WRITING BY A7S, IN WHOLE OR IN PART.
These terms and conditions shall apply to, and inure to the benefit of A7S and its authorized agents and affiliated companies, and their officers, directors and employees.
A7S will not carry: Currency, Jewelry, Bullion, Cashier’s checks, Antiques, Pharmaceutical, Liquor, Stamps, Precious metals, Fire Arms, Money orders, Plants, Drugs, Tobacco, Works of Art, Precious Stones, Explosives, Travelers checks, Animals, Foodstuffs, Perishables, Negotiable instruments in bearer form Lewd, obscene or pornographic materials, Industrial carbons and diamonds, Restricted articles, including hazardous or combustible materials, Property the carriage of which is prohibited by any law regulation or statute of any federal, state or local government.
Where the consignee is to be billed for cost of shipment, A7S reserves the right to refuse delivery until all transportation and other charges have been paid. If the consignee refuses to pay, the shipper will be liable for all such charges, including, without limitation, cost of returning the shipment if required..
If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention or the Warsaw Convention may be applicable to the liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier's limitation of liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared.
The specimen of bill of Lading is provided in this rule and is subject to the terms and conditions of Carrier's tariff filed with the Federal Maritime Commission. In case of any inconsistencies, the tariff rule shall prevail.
Received in apparent good order and condition, unless otherwise stated herein, for shipment on board the ocean vessel mentioned herein or on board the feeder vessel or other means of transportation (rail or truck) if named herein the goods or packages or containers said to contain goods, hereinafter called "the Goods", specified herein for carriage from the port of loading named herein or place of receipt if mentioned herein, on a voyage as described and agreed by this bill of lading and discharge at the port of discharge named herein or delivery at the place of delivery if mentioned herein, such carriage, discharge or delivery being always subject to the exceptions, limitations, conditions and liberties hereinafter agreed, in like order and condition at the port of discharge or place of delivery if named as the case may be, for delivery unto the Consignee mentioned herein or to his or their assigns where the Carrier's responsibilities shall in all cases and all circumstances whatsoever finally cease.
Full freight hereunder shall be due and payable by the shipper in cash without deduction on receipt of the goods or part thereof by the carrier for shipment and shall be deemed to have been fully earned upon such receipt of goods. All charges due hereunder together with freight shall be due from and payable by the Shipper, Consignee, Owner of the Goods or Holder of this Bill of Lading (who shall be jointly and severally liable to the carrier therefore) on demand at such port or place as the Carrier may require, vessel or other means of transportation or cargo lost or not lost from any cause whatsoever.
The freight stated herein to be paid or payable has been calculated and based on the particulars of the Goods furnished by the Shipper to the Carrier. The Carrier shall be entitled at any time to open and re-classify or re-weigh or re-measure or re-value any goods, and freight shall be paid on the proper classification or the excess weight or measurement or value (if any) as the case may be so ascertained. The expenses of and incidental to re-classifying or re-weighing or re-measuring or re-valueing shall be borne by the Carrier if the classification or weight or measurement or value as furnished by the Shipper if found to be correct but otherwise such expenses shall be considered as freight and shall be borne and paid by the Shipper, Consignee, Owner of the Goods and/or Holder of the Bill of Lading. The Shipper shall, if required by the Carrier so to do, furnish forthwith on demand to the Carrier the invoice or true copy thereof relating to the Goods.
Agents signing this Bill of Lading on behalf of the Company or Line by whom the Bill of Lading is issued have only the limited authority at common law of a vessel's master signing a Bill of Lading.
Notwithstanding the heading "Combined Transport Bill of Lading", the provisions set out and referred to in this document shall also apply if the transport as described on the face of the Bill of Lading is performed by one mode of transport only.
This Bill of Lading shall have effect subject to the provisions of the "Carriage of Goods by Sea Act 1936" ("COGSA") of the United States of America in respect of carriage of goods from ports in the United States. Otherwise this Bill of Lading shall have effect subject to the provisions of the Hague Rules contained in the International Convention for Unification of certain Rules relating to Bills of Lading, dated Brussels, August 25, 1924, as enacted in the country of shipment, or if no such enactment is compulsorily applicable, the provisions of said convention shall apply. If any provision of this Bill of Lading be invalid under COGSA or any other law that is compulsorily applicable, such provision shall, to the extent of such invalidity, but no further, be null and void."
The terms of the Carrier's applicable Tariff are incorporated herein. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier upon request. In the case of inconsistency between this Bill of Lading and the applicable Tariff, this Bill of Lading shall prevail.
The Carrier undertakes responsibility from the place of receipt if named herein or from the port of loading to the port of discharge or the place of delivery if named hereto as follows:
Where loss or damage has occurred between the time of receipt of the Goods by the Carrier at the port of loading and the time of delivery by the Carrier at the port of discharge, or during any prior or subsequent period of carriage by water, or where it cannot be established where the loss or damage occurred, the liability of the Carrier shall be determined in accordance with the provisions of the International Convention for the Unification of Certain Rules relating to Bills of Lading dated Brussels the 25th August, 1924 such as the Carriage of Goods by Sea Act 1924 of the United Kingdom, or where compulsorily applicable the Carriage of Goods by Sea Act of the United States 1936 or of like statutes of other countries. If anything herein contained be inconsistent with the said Acts or Laws it shall to the extent and on the occasion of such inconsistency and no further, be null and void. If it can be proved that the loss or damage occurred while the Goods were in the custody of an inland carrier the liability of the Carrier and the limitation thereof shall be determined in accordance with the inland carrier's contracts of carriage and tariffs, or in the absence of such contracts or tariffs, in accordance with the internal law of the State where the loss or damage occurred. In no event shall the liability of the carrier exceed the amount of compensation payable under Clause 5. The Carrier shall be entitled to the full benefit of and right to all limitations of or exemptions from liability authorized by any provision of Section 4281 to 4289 of the Revised Statutes of the United States of America and amendments thereto and of any other provisions of the laws of the United States or of any other country whose laws shall apply.
Nothing in this Bill of Lading, expressed or implied, shall be deemed to waive or operate to deprive the Carrier of or lessen the benefits of any such rights, immunities, limitations or exemptions.
Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the Carrier or his agents at the port of discharge or the place of delivery as the case may be before or at the time of removal of the goods in to the custody of the merchant such removal shall be prima facie evidence of the delivery by the Carrier of the Goods as described in this Bill of Lading. If the loss or damage is not apparent, then notice must be given within three days of the delivery. In any event, the Carrier shall be discharged from any liability unless suit is brought within one year after delivery or the goods or the date when the Goods should have been delivered.
The defences and limits of liability provided for in this Bill of Lading shall apply in any action against the Carrier for loss of or damage to the Goods whether the action be founded in contract or in tort.
The Carrier shall be entitled, but under no obligation, to open any Package or Container at any time and to inspect the contents. If it thereupon appears that the contents or any part thereof cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or taking any measures in relation to such Package or Container or its contents or any part thereof, the Carrier may abandon the transportation thereof and/or take any measures and/or incur any reasonable additional expense to carry or to continue the carriage or to store the same ashore or afloat under cover or in the open, at any place, which storage shall be deemed to constitute due delivery under this Bill of Lading. The Merchant shall indemnify the Carrier against any reasonable additional expense so incurred.
No representation is made by the Carrier as to the weight, contents, measure, quantity, quality, description, condition, marks, numbers or value of the Goods and the Carrier shall be under no responsibility whatsoever in respect of such description or particulars.
The Merchant shall comply with all regulations or requirements of Custom port and other authorities, and shall bear and pay all duties, taxes, fines, imports, expenses or losses incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Goods, and indemnify the Carrier in respect thereof.
If the carrying ship comes into collision with another ship as a result of negligence of the other ship and any act, neglect or default in the navigation or the management of the carrying ship, the Merchant undertakes to pay the Carrier, or, where the Carrier is not the owner and in possession of the carrying ship, to pay to the Carrier as trustee for the owner and/or demise charterer of the carrying ship, a sum sufficient to indemnify the Carrier and/or the owner and/or demise charterer of the carrying ship against all loss or liability to the other or non-carrying ship or her owners insofar as much loss or liability represents loss of or damage to, or any claim whatsoever of the Merchant, paid or payable by the other or non-carrying ship or her owners to the Merchant and set off, recouped or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying ship or her owner or demise charter or the Carrier. The foregoing provisions shall also apply where the owners, operators, or those in charge or any ship or ships or objects, other than, or in addition to, the colliding ships or objects, are at fault in respect to a collision, contact, stranding or other accident.
No servant or agent of the Carrier shall have power to waive or vary any terms of this Bill of Lading unless such waiver or variation is in writing and in specifically authorized or ratified in writing by the Carrier.
The liability, in the absence of higher value declared for carriage (subject to an excess valuation charge), is limited to a maximum of $100 per piece/shipment or $0.10/Lb for cargo lost, damaged, misdelivered or otherwise adversely effected.
One can cover/insure higher values for their goods by asking that in writing to us over an email or thru our SLI form before the arrival/pickup of the shipment/package and agree to pay the premium amount thereof. Insurance is covered only if we get the breakdown valuation of carton/package by documentation cutoff date and that must be before the loss/damage is found.
Air7Seas and all its affiliates, subsidiaries or other related companies (hereinafter called "Air7Seas") have used and will use all reasonable efforts to include accurate and up-to-date information on its website. However, Air7Seas makes no warranties or representations, express or implied, as to the timeliness, accuracy or completeness of the information contained or referenced therein.
All access and use of this site and any site linked to this site is at the risk of each user. Air7Seas is not liable in any manner whatsoever for any direct, indirect or consequential errors or omissions in the content of any such site or for the result obtained from the use of this information.
Air7Seas reserves the right to make changes I any way, at any time, for any reason without prior notice, to the contents and information on this site, including materials, equipment, specifications, prices &/or availability.
Material contained in this website may pertain to products and services for certain markets only. Air7Seas explicitly disclaims any liability in connections with such charges. Links to third-party websites are provided for convenience only and are completely beyond the control of Air7Seas. We do not express any opinion on the content of any third-party websites and expressly disclaim any liability for all third-party information and use thereof. Air7Seas accepts no responsibility for the content, accuracy, completeness, legality or function of these websites.
The entire content of this website is either the property of Air7Seas, or is used with the authorization of the owners, and is subject to copyright with all rights reserved. Reproduction of part or all the contents of the Air7Seas website in any form is prohibited other than for individual use only. For permission to reproduce any contents of this website for any public or commercial purpose, please send Email our corporate communications department.
Subject to the terms and conditions set forth herein, any use of this website and all legal disputes arising in connections therewith shall exclusively be governed by Swiss law.
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We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
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