Terms & Conditions of Carriage

By tendering material for shipment via AIR DISPATCH SOLUTIONS, the shipper agrees to the terms and conditions stated herein. No agent or employees of AIR DISPATCH SOLUTIONS or the shipper may alter or modify these terms and conditions.

1. THE AIRBILL

The AIR DISPATCH SOLUTIONS is non-negotiable and the shipper acknowledges that it has been prepared by the shipper. The shipper warrants that it is the owner of the goods transported hereunder, or that it is the authorised agent of the owner of the goods, and that it hereby accepts AIR DISPATCH SOLUTIONS’s terms and conditions for itself and as an agent for and on behalf of any person having any interests in the shipment.

2. SHIPPERS OBLIGATIONS AND ACKNOWLEDGEMENTS

The shipper warrants that each article in the shipment is properly described in this airbill and has not been declared by AIR DISPATCH SOLUTIONS to be unacceptable for transport, and that the shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care and attention. The shipper warrants that all applicable customs, import, export and other laws and regulations, of all countries, to, from, through or over which the shipment may pass, have been complied with. AIR DISPATCH SOLUTIONS is authorised (but under no obligation) to complete on the shipper’s behalf any documents raised to comply with such laws and regulations, and to act as the forwarders shipping agent for customs export and control purposes. The shipper certifies that all information provided by AIR DISPATCH SOLUTIONS orally, or set forth in this air waybill and any other documents, is accurate and complete. The shipper agrees to indemnify and hold AIR DISPATCH SOLUTIONS harmless for any claim, liability or expense arising from the shipper’s failure to comply with any applicable law or regulation. The shipper hereby acknowledges that AIR DISPATCH SOLUTIONS may abandon and/or release any time consigned by the shipper to AIR DISPATCH SOLUTIONS which AIR DISPATCH SOLUTIONS has declared to be unacceptable or which the shipper has undervalued for customs purposes or misdescribed, whether intentionally or otherwise, without incurring liability whatsoever to the shipper and the shipper will save and defend, indemnify and hold AIR DISPATCH SOLUTIONS harmless from all claims, damages, fines, and expenses arising therefrom.

The shipper shall be solely 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.

The shipper acknowledges that AIR DISPATCH SOLUTIONS is not a common carrier and that AIR DISPATCH SOLUTIONS reserves the right to refuse or abandon the carriage or transportation of any goods for any person, firm or company and the carriage or transportation of any class of goods at its discretion.

CUSTOMS CLEARANCE: The shipper hereby appoints AIR DISPATCH SOLUTIONS as the shipper’s agent to conduct customs clearance and entry certifies AIR DISPATCH SOLUTIONS as the consignee solely for the purpose of designating a customs broker to perform customs entry and clearance.

3. RIGHT OF INSPECTION OF SHIPMENT

AIR DISPATCH SOLUTIONS has the right, but not the obligation, to inspect any shipment including, without limitation, opening the shipment. In relation to each shipment AIR DISPATCH SOLUTIONS reserves the right to correct any under-declaration of weight and to re-invoice the customer accordingly.

4. LIEN ON GOODS SHIPPED

AIR DISPATCH SOLUTIONS shall have a lien on any goods shipped for all freight charges, customs duties, advances or other charges of any kind arising out of transport and may refuse to surrender possession of the goods until such charges are paid.

5. LIMITATION OF LIABILITY

Without prejudice to clause 7, the liability of AIR DISPATCH SOLUTIONS for any loss or damage to the shipment (which shall include all documents or parcels consigned to AIR DISPATCH SOLUTIONS, under airwaybill and shall not mean any one document or envelope included in the shipment) is limited to the lesser of:

a) US $100.00 or

b) The amount of loss or damage to a document sustained, or

c) The actual value of the document, or parcel as determined under section 6 hereof, without regard to its commercial utility or special value to the shipper.

6. ACTUAL VALUE

a) The actual value of the document (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost of preparation or replacement, reconstruction or reconstitution value at the time and place of shipment, whichever is less.

b) The actual value of a parcel (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost of repair or replacement, re-sale or fair market value at the time and the place of shipment whichever is the less, in no event shall such value exceed the original cost of the article paid by the shipper plus 10%.

7. CONSEQUENTIAL DAMAGES EXCLUDED

AIR DISPATCH SOLUTIONS shall not be liable in any event for any consequential or special damages or other indirect loss, however arising, whether or not AIR DISPATCH SOLUTIONS had knowledge that such damages might be incurred, including, but not limited to, loss of income, profits, interest, utility, or loss of market.

8. LIABILITIES NOT ASSUMED

a) While AIR DISPATCH SOLUTIONS will endeavour to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules. AIR DISPATCH SOLUTIONS 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, AIR DISPATCH SOLUTIONS shall not be liable for any loss or damage, mis-delivery or non-delivery:

b) due to an act of God, force majeure occurrence or any cause reasonably beyond the control of AIR DISPATCH SOLUTIONS or

c) caused by

i) The act, default or omission of the shipper, the consignee or any other party who claims an interest in the shipment (including violation of any term or condition hereof) or any other person other than AIR DISPATCH SOLUTIONS, or any customs or government officials, or of any postal service, forwarder or other entity or person to whom a shipment is tendered by AIR DISPATCH SOLUTIONS for transportation to any location not regularly serviced by AIR DISPATCH SOLUTIONS, regardless of whether the shipper requested or had knowledge of such third party delivery arrangements.

ii) The nature of the shipment or other defect, characteristic or inherent vice thereof.

iii) Electrical or magnetic injury, erasure, or any other such damage to electronic or photographic images or recordings in any form.

9. CLAIMS

a) Any claims must be brought by the shipper and delivered in writing to the office of AIR DISPATCH SOLUTIONS’s nearest location at which the shipment was accepted within 30 days of the date of such acceptance. No claim may be made against AIR DISPATCH SOLUTIONS outside of that time limit.

b) No claim for loss or damage will be entertained until all transportation charges have been paid. The amount of any such claim may not be deducted from any such transportation charges owed to AIR DISPATCH SOLUTIONS.

10. APPLICABILITY

These terms and conditions shall still apply to, and inure to the benefit of AIR DISPATCH SOLUTIONS and its authorised agents and affiliated companies, and their officers, directors and employees.

11. MATERIALS NOT SUITABLE FOR TRANSPORT

AIR DISPATCH SOLUTIONS will not carry any IATA restricted articles or any article which by its value or characteristics are considered by AIR DISPATCH SOLUTIONS as being not acceptable for safety or legal reasons. No parcel or item requiring a customs declaration is acceptable for transport out of the country of origin via AIR DISPATCH SOLUTIONS. In relation to such an item or parcel, AIR DISPATCH SOLUTIONS must be clearly selected and utilised by the shipper.

12. WARSAW CONVENTION

If the transportation of any consignment involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the convention governs, and in most cases further limits the liability of AIR DISPATCH SOLUTIONS in respect to loss or damage of such consignment.

13. COLLECT SHIPMENTS

Where AIR DISPATCH SOLUTIONS has agreed to bill the consignee for the cost of the shipment AIR DISPATCH SOLUTIONS 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, costs of returning the shipment if required.

14. INSURANCE

Insurance cover should be arranged by the shipper, prior to lodgement with AIR DISPATCH SOLUTIONS in order to have the benefit of cover above and beyond the limits of liability referred to in Condition 5.

Terms & Conditions of Credit Accounts

In consideration of AIR DISPATCH SOLUTIONS World Logistics Ltd (Hereinafter referred to as ‘The Company’) granting credit to the Customer, the Customer affirms & agrees as follows:

1. The Customer confirms that the information provided in the supplied application is complete, accurate and true in every respect.
2. The Customer confirms that he has read understands and agrees to be bound by The Company’s standard conditions of carriage as printed on the reverse of each house airwaybill, and/or as shown above. A copy of these conditions is available on request.
3. The customer hereby gives his written consent to The Company to obtain a credit report concerning him from any credit reporting agency, and further to make such inquiries and to receive and give such information as is relevant to establish the Customer’s credit standing.
4. In the event that credit is granted, the Customer agrees that all invoices from The Company will be paid no later than the thirtieth day (unless shorter credit terms have been imposed and confirmed in writing at point of account application) after which the invoices are dated and furthermore agrees that invoices relating to large or heavy shipments may be payable on whatever terms The Company stipulates at the time that The Company’s services are engaged by the Customer.
5. The Customer agrees that in the event of default of payment in payment beyond the date when the invoice becomes payable under the agreed terms of credit the customers right to credit The Company reserves the right to immediately withdraw all credit rendering all invoices immediately payable. In such an instance the Customer further agrees to pay all costs incidental to the collection of the account of the Customer.