In tendering the shipment carriage, the customer agrees to these terms and conditions of carriage and that this Air Waybill & Bill of Lading is NON-NEGOTIABLE and has been prepared by the customer's behalf by Quick Pick Int'l Cargo, as used in these conditions, Quick Pick Int'l Cargo includes the branches in Philippines, all operating divisions and subsidiaries of Quick Pick Int'l Cargo and their respective agents, servants, offices and employees.
1.SCOPE AND CONDITIONS
- These conditions shall govern and apply to all services provided by Quick Pick Int'l Cargo. By SIGNING THIS AIR WAYBILL OR BILL OF LADING, THE CUSTOMER ACKNOWLEDGES THAT HE/SHE HAS READ THESE TERMS AND CONDITIONS AND AGREES TO BE BOUND BY EACH OF THEM. Quick Pick Int'l Cargo shall not be bound by any agreement which varies from these conditions, unless such agreement is in writing and signed by an authorized officer of Quick Pick Int'l Cargo. In the absence of such written agreement these conditions shall constitute the entire agreement between Quick Pick Int'l Cargo and each of its customers. No employee of Quick Pick Int'l Cargo shall have an authority to alter or waive these terms and conditions, except as stated herein.
2.QUICK PICK INT'L CARGO OBLIGATIONS
Quick Pick Int'l Cargo agrees, subject to receiving of applicable rates and charges in effect on the date of acceptance by Quick Pick Int'l Cargo of a customer's shipment to arrange for the transportation of the shipment between the locations agreed upon by Quick Pick Int'l Cargo and the customer.
Quick Pick Int'l Cargo reserves the right to transport the customer's shipment by any route and procedure and by successive carriers and according to its own handling storage and transportation methods.
a. Quick Pick Int'l Cargo reserves the right to refuse any documents or boxes from any person, firm or company as its own discretion.
b. Quick Pick Int'l Cargo reserves the right to abandon carriage any shipment at any time after acceptance when such shipment could possibly cause damage or delay to other shipment, equipment or personal, or when any such carriage is prohibited by law is in violation of any of the rules contained herein.
c. Quick Pick Int'l Cargo reserves the right to open and inspect your shipment consigned by a customer to ensure that it is capable of carriage to the state or country of destination with the standard customs procedures and handling methods of Quick Pick Int'l Cargo. In exercising this right, Quick Pick Int'l Cargo does not warrant any particular item to be carried is capable of carriage, without infringing the law of any country or state through which the item may be carried.
4.LIMITATION OF LIABILITYSubject to sections 5 and 6 hereof:
a. Quick Pick Int'l Cargo will be responsible for the customer's shipment only while it is within Quick Pick Int'l Cargo's custody and control. Quick Pick Int'l Cargo shall not be liable for loss or damage of a shipment while shipment is out of Quick Pick Int'l Cargo's custody or control. Quick Pick Int'l Cargo's LIABILITY IS IN EVENT LIMITED TO ONE HUNDRED DOLLARS (US$100/=) PER MEGA JUMBO & LARGE BOX AND FIFTY DOLLARS (US$50/=) PER BALIKABAYAN, MEDIUM AND SMALL BOX or its equivalent per shipment unless a higher value is declared on the Air Waybill or Bill of Lading at the time of tender and an additional charge is paid for, as assessed and determined by Quick Pick Int'l Cargo by Quick Pick Int'l Cargo.
b. The actual value of a shipment shall be ascertained by reference to its replacement, reconstitution or reconstruction value at the time and place of shipment, whichever is less, without reference to its commercial utility to the customer or to other items of consequential loss.
5.CONSEQUENTIAL DAMAGES EXCLUDE
Quick Pick Int'l Cargo SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL OR INCIDENTAL DAMAGE OR OTHER INDIRECT LOSS HOWEVER ARISING, WHETHER OR NOT Quick Pick Int'l Cargo HAD KHNOWLEGE THAT SUCH DAMAGE MIGHT BE INCURRED INCLUDING, BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.
6.LIABILITY NOT ASSUMED
A. Quick Pick Int'l Cargo shall not be liable for any loss or damage, delay, miss-deliver or non-delivery not caused by its own negligence, or for any loss, damage, delay, miss-delivery or non-delivery caused by.
1. The act, default or omission of the shipper or consignee or any other party who claim in the shipment.
2. The nature of the shipment or any defect, characteristics, or inherent vice thereof.
3. Violation by the shipper or consignee of any term or condition stated herein including, but not limited to, improper or insufficient packing securing, marking or addressing misdescribing the contents of any shipment or failure to b=observe any of these rules relating to the shipment not acceptable for transporting whether such as rules are now or hereafter promulgated by Quick Pick Int'l Cargo.
4. Acts of god, perils of the air, public enemy's, public authorities acting with actual or apparent authority or law, acts or omission of postal, customs or other government officials, riots, strikes or other local disputes, hazard incidents to a state of war, weather conditions, temperature conditions, temperature or atmospheric changes or conditions, mechanical or other delay of any aircraft used in providing transportation services or any other cause reasonably beyond the control of Quick Pick Int'l Cargo.
5. Acts of omissions of any postal service, forwarder or any other entity to whom a shipment is tendered by Quick Pick Int'l Cargo for transportation, regardless of whether the shipper requested or had acknowledged of such third party delivery requirement.
6. Electrical or magnetic injury, erasure, or other such damage to electronic or photographic images or recording in any form, or damage due to insects or vermin.
B. While Quick Pick Int'l Cargo will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedule, Quick Pick Int'l Cargo will not under any circumstances be liable for delay in pickup, transportation or delivery of any shipment regardless of the causes of such delay.
7.MATERIALS NOT ACCPETABLE FOR TRANSPORT
a. Quick Pick Int'l Cargo will notify customer from time as to certain classes of materials which are not accepted by Quick Pick Int'l Cargo for carriage. It is the customers responsibility to accurately describe the shipment on this a=Air Waybill or Bill of Lading and to ensure that no material is delivered to Quick Pick Int'l Cargo which has declared to be unacceptable by Quick Pick Int'l Cargo.
b. Quick Pick Int'l Cargo will not carry property, the carriage of which is prohibited by any law, regulation, or state or local government of any country from, to or through which the property may be carried. Firearms Bullion works of arts Negotiable instruments in bearer form jewelry, precious metal stones lewd, obscene or pornographic material, Currency stamps Deeds, Hazardous or combustible material, Cashiers Money orders, Traveler's industrial carbons diamonds, Cheques, Cheques Antique, Plants, Animals.
c. In the event that any customer should consign to Quick Pick Int'l Cargo any such items, as described above, or any item which the customer has undervalued for customs purposes or miss-described, whether intentionally or otherwise, the customer shall indemnity and hold Quick Pick Int'l Cargo harmless from all claims, fines and expenses arising in connection therewith, and Quick Pick Int'l Cargo shall have the right to abandon such property and /or release possession of said property to any agent or employee of any national or local government claiming jurisdiction over such materials. Immediately upon Quick Pick Int'l Cargo obtaining knowledge that such material infringing these conditions have been turned over to Quick Pick Int'l Cargo for transport, Quick Pick Int'l Cargo shall be free to exercise any of its right reserved to it under this section without incurring liability whatsoever to the customer.
8.PACKING AND ADDRESSING
The packing of the customer's documents or goods for transportation is the customer's sole responsibility, including the placing of the goods or document in any container/boxes which may be supplied by the customer to Quick Pick Int'l Cargo. Quick Pick Int'l Cargo accepts no responsibility for lose or damage to documents or goods caused by inadequate or inappropriate packing. It is sole responsibility of the customer to address adequate each consignment of documents or goods to enable effective delivery to be made. Quick Pick Int'l Cargo shall not be liable for delay in forwarding or delivery resulting from the customer's failure to comply with its obligations in this respect.
PLEASE PACK YOUR BREAKABLE ITEMS CAREFULLY & PROPERLY. We are not liable for any damage(s) incurred during transport of goods. DO NOT FORGET TO FILL UP YOUR PACKING LIST.
The customer is liable for all losses, damages and expenses arising as a result of its failure to comply with its obligations under this agreement as a result of its negligence.
Any rates quoted by Quick Pick Int'l Cargo for carriage are inclusive of local airport taxes, but exclusive of any added taxes, duties, levies imposts, deposits or outlays incurred in respect of carriage of the customer's goods. The customer shall be liable for such customs duty in the event of a default in payment by the receiver. Quick Pick Int'l Cargo will not be liable for any penalties imposed or loss or damage incurred due to the customer's documents or goods' being impounded by customs or similar authorities and the customer hereby indemnifies Quick Pick Int'l Cargo against such penalty a loss.
Quick Pick Int'l Cargo will not carry document or goods that are the property of the customer and customer warrants that it is authorized to accept and is accepting these conditions not only on behalf of itself but also as agent and on behalf of all other persons who are or may hereafter be interested in the documents or goods. The customer hereby undertake to indemnity Quick Pick Int'l Cargo against any damage, cost expenses resulting from any breach of this warranty.
Subject to section 6 hereof:
ANY CLAIM AGAINST QUICK PICK INT'L CARGO MUST BE SUBMITTED IN WRITING TO THE OFFICE OF QUICK PICK INT'L CARGO, NO CLAIM FOR SHORTAGES WILL BE ENTERTAINED AFTER DELIVERY RECEIPT HAS BEEN ACKNOWLEDGE WITHIN FOURTY EIGHT (48) HOURS.
Notwithstanding any of the foregoing, no claim for loss or damage will be entertained until all transportation charge has been paid.
13.NON-DELIVERY OF SHIPMENT
Notwithstanding the shipper's instruction to the contrary, the shipper shall be liable for all costs and expenses related to the shipment of the package, and for cost incurred in either returning the shipment or warehousing the shipment pending deposition.
14.GENERAL AVERAGE (INTERNATIONAL CARRIAGE BY AIR, ROAD & SEA)
Where the rules relating to liability established by the Warsaw convention, the CMR convention & Hague Rules / The Hague –Visby Rules apply, the carrier's liability is governed by and shall be limited in accordance with such rules. Subject to applicable law, where the Warsaw Convention, the CMR Convention & Hague Rules / The Hague-Visby Rules do not apply, liability to loss or damage is governed by these terms & conditions and shall be landed to proven damages up to an amount not exceeding US$ 100/- per shipment.
NON NEGOTIABLE AIR WAYBILL / BILL OF LADING
THIS IS A NON NEGOTIABLE AIR WAYBILL / BILL OF LADING ALL SERVICES PROVIDING ARE SUBJECT TO THE TERMS AND CONDITIOND SET FOURTH ON THE RESERVE OF SHIPPER'S COPY, BY SIGNNING THIS AIR WAYBILL / BILL OF LADING, THE ACKNOWLEDGE THAT HE/SHE HAS READ THIS CONDITIONS AND AGREES TO BE BOUNDED BY EACH OF THEM, QUICK PICK INT'L CARGO'S LIABILITY IS LIMITED TO US$100/- IN TENDERING THE SHIPMENT. SHIPPER AGREES THAT QUICK PICK INT'L CARGO SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE CARRIAGE HEREOF; QUICK PICK INT'L CARGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SHIPMENT.