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.
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. These provisions constitute a contract between Merchant and Carrier and may be used by Carrier only with the consent of the National Customs Brokers and Forwarders Association of America, Inc.
All carriage under this BILL OF LADING to or from the United States shall have effect subject to the provisions of the Carriage of Goods by Sea Act of the United States, 46 U.S.C. sections 1300-1315 (hereafter, "COGSA"). All carriage to and from other States shall be governed by the law of any state making the Hague Rules or Hague-Visby Rules compulsorily applicable to this BILL OF LADING or if there be no such law, in accordance with the Hague Rules. The provisions of applicable law as set forth above shall apply to carriage of goods by inland waterways and reference to carriage by sea in such Rules or legislation shall be deemed to include reference to inland waterways. Except as may be otherwise specifically provided herein, said law shall govern before the goods are loaded on and after they are discharged from the vessel whether the goods are carried on deck or under deck and throughout the entire time the goods are in the custody of the carrier.
Carrier shall be entitled to subcontract directly or indirectly on any terms the whole or any part of the handling, storage, or carriage of the goods and all duties undertaken by Carrier in relation to the goods. Every servant, agent, subcontractor (including subsubcontractors), or other person whose services have been used to perform this contract shall be entitled to the rights, exemptions from, or limitations of, liability, defenses and immunities set forth herein. For these purposes, Carrier shall be deemed to be acting as agent or trustee for such servants, agents, subcontractors, or other persons who shall be deemed to be parties to this contract.
Carrier is entitled to perform the transport in any reasonable manner and by any reasonable means, methods and routes. The Ship shall have the liberty, either with or without the goods on board, to at any time, adjust navigational instruments, make trial trips, dry dock, go to repair yards, shift berths, take in fuel or stores, embark or disembark any persons, carry contraband and hazardous goods, sail with or without pilots and save or attempt to save life or property. Delays resulting from such activities shall not be deemed a deviation.
Carrier is responsible for transmitting information to U.S. Customs and Border Protection prior to lading of the Goods including, without limitation, precise commodity descriptions, numbers and quantities of the lowest external packaging unit, the shipper’s complete name and address, the consignee’s or the owner’s or owner’s representative’s complete name and address, hazardous materials codes, and container seal numbers. For this, and other purposes, Carrier relies on information provided by Merchant in a timely fashion. Merchant warrants to Carrier that all particulars of the goods, including, without limitation, the precise descriptions, marks, number, quantity, weight, seal numbers, identities of shipper and consignee and hazardous materials codes furnished by Merchant are correct and Merchant shall indemnify Carrier against all claims, penalties, losses or damages arising from any inaccuracy
If goods are not received by Carrier already in containers, Carrier may pack them in any type container. Merchant shall be liable to Carrier for damage to Carrier's containers or equipment if such damage occurs while such equipment is in control of Merchant or his agents. Merchant indemnifies Carrier for any damage or injury to persons or property caused by Carrier's containers or equipment during handling by or when in possession or control of Merchant.
Carrier has the right to carry the goods in any container under deck or on deck. Carrier is not required to note "on deck stowage" on the face of this BILL OF LADING and goods so carried shall constitute under deck stowage for all purposes including General Average. Except as otherwise provided by any law applicable to this contract, if this BILL OF LADING states that the cargo is stowed on deck, then Carrier shall not be liable for any non-delivery, misdelivery, delay or loss to goods carried on deck, whether or not caused by Carrier's negligence or the ship's unseaworthiness.
Merchant acknowledges that it is required to provide verified weights obtained on calibrated, certified equipment of all cargo that is to be tendered to steamship lines. Shipper agrees that Carrier is entitled to rely on the accuracy of such weights and to countersign or endorse it as Carrier’s own certified weight to the steamship line carrying the cargo. The Merchant agrees that it shall indemnify and hold the Carrier harmless from any and all claims, losses, penalties or other costs resulting from any incorrect or questionable verification of the weight provided by Merchant or its agent or contractor on which the Carrier relies.
Carrier shall have the right to deliver the goods at any time at any place designated by Carrier within the commercial or geographic limits of the port of discharge or place of delivery shown in this BILL OF LADING. Carrier's responsibility shall cease when delivery has been made to Merchant, any person authorized by Merchant to receive the goods, or in any manner or to any other person in accordance with the custom and usage of the port of discharge or place of delivery. If goods should remain in Carrier's custody after discharge from the ship and possession is not taken by Merchant, after notice, within the time allowed in Carrier's applicable tariff, the goods may be considered to have been delivered to Merchant or abandoned at Carrier's option, and may be disposed of or stored at Merchant's expense.
Written notice of claims for loss of or damage to goods occurring or presumed to have occurred while in the custody of Carrier must be given to Carrier at the port of discharge before or at the time of removal of the goods by one entitled to delivery. If such notice is not provided, removal shall be prima facie evidence of delivery by Carrier. If such loss or damage is not apparent, Carrier must be given written notice within 3 days of the delivery.
Carrier shall have a lien on any and all property (and documents relating thereto) of Merchant in its actual or constructive possession, custody or control or en route, which lien shall survive delivery, for all claims for charges, expenses or advances incurred by Carrier in connection with this shipment, or any previous shipment, of Merchant, or both, which lien shall survive delivery, and if such claim remains unsatisfied for 30 days after demand for its payment is made, Carrier may sell at public auction or private sale, upon 10 days written notice, registered mail to Merchant, the goods, wares and/or merchandise or so much as may be necessary to satisfy such lien and the costs of recovery, and apply the net proceeds of such sale to the payment of the amount due Carrier. Any surplus from such sale shall be transmitted to Merchant, and Merchant shall be liable for any deficiency in the sale.
Carrier shall be discharged from all liability for loss of or damage to goods unless suit is brought within one (1) year after delivery of the goods or the date when the goods should have been delivered. Suit shall not be deemed brought against Carrier until jurisdiction shall have been obtained over Carrier by service of summons. The time bar for overcharge claims shall be [insert time period] months
The courts of Santa Clara County shall have exclusive jurisdiction over any dispute arising from the carriage evidenced by this BILL OF LADING Lading. Merchant and Carrier each hereby agree to the personal jurisdiction of the forum having jurisdiction over their disputes under this clause. Except as otherwise provided in this BILL OF LADING, the laws of the State of State of California shall apply.
If the ship comes into collision with another vessel as a result of negligence of the other vessel and any negligence or fault on the part of Carrier or its servants or subcontractors, Merchant shall indemnify Carrier against all loss or liability to the other or noncarrying vessel or her owners, insofar as such loss or liability represents loss of, or damage to, or any claim whatsoever of Merchant paid or payable by the other or non-carrying vessel or her owners to Merchant and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying ship or her owner. This provision shall apply as well where the owners, operators or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault with respect to a collision or contact.
The goods carried under this BILL OF LADING are also subject to all the terms and conditions of tariff(s) published pursuant to the regulations of the United States Federal Maritime Commission or any other regulatory agency which governs a particular portion of the carriage and the terms are incorporated herein as part of the terms and conditions of this BILL OF LADING. Copies of Carriers' tariffs may be obtained from Carrier or its agents or from Carriers’ web-site, the address of which is set forth on the U.S. Federal Maritime Commission’s web-site at www.fmc.gov. Carrier may enter into Negotiated Rate Arrangements with Merchant in lieu of publishing the applicable rates and charges for services provided in its rate tariff.
The terms of this BILL OF LADING shall be severable, and, if any part or term hereof shall be held invalid, such holding shall not affect the validity or enforceability of any other part or term hereof.
This contract supersedes all prior agreement between the parties with respect to its subject matter. No servant or agent of Carrier shall have power to waive or vary any of the terms hereof unless such variation is in writing and is specifically authorized or ratified in writing by 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.
This privacy notice discloses the privacy practices for (air7seas.com). This privacy notice applies solely to information collected by this web site.
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.
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
1-888-247-7732 or via email at email@example.com.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
AIR7SEAS are committed in ensuring that there is no slavery by any means and human trafficking is not what we believe, which led to the success of our supply chain and logistics management. We have an Anti-Slavery policy where a group of members actively involved in making sure that there is no such kind of slavery and human trafficking in the services that we offer to our customers.
All our agents throughout the globe are well equipped with the policies which we maintain in our premises. There is no room for any kind of slavery inside or outside the management. Group of members are assigned for maintaining the diligence in the services which we offer to our beloved users.
In order to tolerate towards slavery, we choose agents who are responsible, focused and straight forward. We sign agreement with our agents who will abide by the rules in the management. We conduct training programs for our staff regarding slavery and human trafficking where a group of expertise share their views and experience regarding these things which makes all our staff well equipped with Anti-Slavery policy.