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TERMS AND CONDITIONS
I understand that the transit times listed are approximate and subject to change and that Exfreight is not responsible for any damages caused by delays
I agree to the terms and conditions listed on the bill of lading
OCEAN BILL LADING TERMS AND CONDITIONS
AIRWAYBILL TERMS AND CONDITIONS
I certify that this shipment does not contain any Material classified as dangerous/hazardous
I certify that this shipment does not container any materials listed on the PROHIBITED ITEMS LIST
I understand that the shipment is subject to being reweighed and re-measured. If the shipment dimensions or weight are found to be more then what I have declared the shipment will be subject to additional charges and you will be automatically billed accordingly
I certify that I am the owner of this cargo being transported or acting on behalf of the owner and not receiving any profit for brokering of freight unless I retain the proper licensing required for brokering for each specific mode of transport being undertaken
I agree that the commodities, technology or software to be exported from the U.S. are in compliance with the U.S. Bureau of Export Administration. Diversion to countries contrary to U.S. Law .Exfreight’s standard terms apply to this shipment and limit Exfreights liability for loss or damage to U.S. $100. The Warsaw convention may also apply. I authorize Exfreight to complete other documents necessary to export this shipment. I understand that additional shipment insurance against loss or damage is available on request, for an extra charge. I agree to pay all charges if the recipient or third party refuses to pay. I understand the Exfreight Does not transport CASH
I understand that my shipment will be subject to cargo screening and may be open and searched in a secure location. I allow Exfreight Zeta LLC or its assigned agent to screen and inspect my shipment as required.
I hereby authorize Exfreight Zeta LLC, in their name and on my behalf, to prepare any export documents including an Export Declaration with US Customs if required, to sign and accept any documents relating to said shipment and forward this shipment in accordance with the conditions of carriage and the tariffs of the carriers employed. The shipper guarantees payment of all collect charges in the event the consignee refuses payment.
I certify that all statements made and all information contained herein are true and correct and that I have read and understood all the terms and conditions. I understand that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements herein, failing to provide the requested information or for violation of U.S. laws on exportation (13 U.S.C. Sec. 305; 22 U.S.C. Sec.401; 18 U.S.C. Sec. 1001; 50 U.S.C. App. 2410)
LIMITS OF LIABILITY
Exfreight makes no warranties, express or implied and is not liable for any loss, miss-delivery or non-delivery caused by the act, default or omission of the Shipper, Consignee, Carrier or any other party who claims interest in the shipment, the nature of the shipment or any defect thereof violation by the Shipper, Consignee or Carrier of any of the terms contained in the Bill of Lading including, but not limited to, improper or insufficient packing, securing, marking or addressing, or failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions, acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, or other labor disputes, weather conditions or mechanical delay of aircraft or other equipment, compliance with delivery instructions for the Shipper or Consignee, or acts or omission of any person other than Exfreight employees or agents. Unless otherwise requested and specifically agreed to by Exfreight , Exfreight cannot guarantee delivery by a specific time or date, and shall not be liable for any damage due to delay, missed-pickup, late pickup, miss-delivery or non-delivery. Exfreight reserves the right to route the shipment in whatever manner Exfreight deems appropriate and does not guarantee a specific mode or specific carrier. In those cases when SHIPPER requests and Exfreight agrees to delivery by a specific time or date and delivery for whatever reason is not accomplished by either the time or date requested, then Exfreight shall not be liable for any damage due to delay, missed pickup, late pickup, miss-delivery or non-delivery. IN ANY EVENT, EXFREIGHT SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME WHETHER OR NOT EXFREIGHT HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
Without the purchase of additional insurance the amounts listed below are the limits of liability
TRUCKING
The Liability of Carriers under contract with Exfreight and the handling of shipments through Exfreight is limited according to the governing agreements in effect between the carrier and the contracting party/the shipper. The limits of liability for depend on the partner carrier chosen and freight class used. It ranges in value from $2.00-$25.00 per lb with a maximum of $100,000 and are available on request. Articles other-than-new will be subject to a maximum liability of 10 cents per pound. Articles which are subject to released value provisions in the NMFC, and where no released value is provided on the Bill of Lading, or where the freight charges are not affected by the released values, the liability will not exceed the lowest value provided for such article. Any Declared Value in excess of the maximums allowed herein is null and void, and the acceptance of any shipment with a Declared Value in excess of the allowed maximums does not constitute a waiver of these maximums. Subject to the limitations of liability contained in the Shipping Agreement Terms and conditions and the Bill of Lading, the selected Carrier will only be liable for loss, damage or non-delivery caused by their own negligence.
OCEAN SHIPMENTS
(Limitation of Liability)
7.1 Notwithstanding anything herein, unless otherwise mandated by compulsorily applicable law, Carrier’s liability for compensation for loss of or damage to Goods shall in no case exceed the amount of US $500 per package or per customary freight unit, unless Merchant, with the consent of Carrier, has declared a higher value for the Goods in the space provided on the front of this Bill of Lading and paid extra freight per Carrier’s tariff, in which case such higher value shall be the limit of Carrier’s liability. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value. Where a container is stuffed by Shipper or on its behalf, and the container is sealed when received by Carrier for shipment, Carrier’s liability will be limited to US $500 with respect to the contents of each such container, except when the Shipper declares the value on the face hereof and pays additional charges on such declared value as stated in Carrier’s tariff. The freight charged on sealed containers when no higher valuation is declared by the Shipper is based on a value of US $500 per container. However, Carrier shall not, in any case, be liable for an amount greater than the actual loss to the person entitled to make the claim. Carrier shall have the option of replacing lost Goods or repairing damaged Goods.
7.2 In any case where Carrier’s liability for compensation may exceed the amounts set forth in Section 7.1 above, compensation shall be calculated by reference to the value of the Goods, according to their current market price, at the time and place they are delivered, or should have been delivered, in accordance with this contract.
7.3 If the value of the Goods is less than US $500 per package or per customary freight unit, their value for compensation purposes shall be deemed to be the invoice value, plus freight and insurance, if paid.
7.4 On shipments involving carriage by land in the United States, and for liabilities determined pursuant to Section 6.4(c) of this Bill of Lading, loss of or damage to Goods shall be limited to US $.50 per pound of Goods lost or damaged, unless a higher value is declared by Shipper and a supplementary charge paid.
7.5 Carrier shall not be liable to any extent for any loss of or damage to or in connection with precious metals, stones, or chemicals, jewelry, currency, negotiable instruments, securities, writings, documents, works of art, curios, heirlooms, or any other valuable goods, including Goods having particular value only for Merchant, unless the true nature and value of the Goods have been declared in writing by Merchant before receipt of the Goods by the Carrier or Inland Carrier, the same is inserted on the face of this Bill of Lading and additional freight has been paid as required.
7.6 Carrier will not arrange for insurance on the Goods except upon express instructions from the Shipper- Consignor and then only at Shipper’s-Consignor’s expense and presentation of a declaration of value for insurance purposes prior to shipment.
AIRFREIGHT
If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and in most cases limit the liability of the Carrier in respect of loss of, damage or delay to cargo. Depending on the applicable regime, and unless a higher value is declared, liability of the Carrier may be limited to 17 Special Drawing Rights per kilogram or 250 French gold francs per kilogram, converted into national currency under applicable law. Carrier will treat 250 French gold francs to be the conversion equivalent of 17 Special Drawing Rights unless a greater amount is specified in the Carrier’s conditions of carriage.
Link to get current conversion of Special Drawing Rights to USD presently 26.09 USD per KG
http://www.xe.com/ucc/convert/?Amount=17&From=XDR&To=USD
The weight to be taken into account in determining Carrier’s limit of liability shall be only the weight of the package or packages concerned.
Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage. In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such a complaint must be made:
in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo; In the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill, or if an air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by the Carrier.
Such complaint may be made to the Carrier whose air waybill was used, or to the first Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the loss, damage or delay took place. Unless a written complaint is made within the time limits specified no action may be brought against Carrier. Any rights to damages against Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
COMMON QUESTIONS REGARIDNG CLAIMS
Q: How do I file a claim
Answer: To file a claim for lost or damaged freight, fill out the claim form from the link below. Then, send the completed form to Exfreight using the contact information provided on the form or by email to claims@exfreight.com
When filing a claim, remember to do the following:
- All claims must be filed in writing.
- List the PRO number and BOL# and the amount of the claim.
- Provide proof of payment of the freight invoice, a copy of the Bill of Lading, an invoice indicating the cost of the goods, and a repair invoice for the parts and labor (if applicable).
Q: What is my deadline for filing a claim?
Answer: For Trucking shipments: claims must be received within nine months of the date of delivery, or within a reasonable time of the date of shipment if non-delivery occurs and if there is concealed damage we must be notified within 15 days of the time of delivery and be able to send out an inspector to verify the claim
For Ocean shipments: Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the Ocean Carrier at the port of discharge or place of delivery before or at the time of delivery of the Goods or, if the loss or damage is not apparent, within 3 days after delivery, the Goods shall be deemed to have been delivered as described in this Bill of Lading. (B) The Ocean Carrier shall be discharged from all liability in respect of the Goods, including without limitation non-delivery, mis-delivery, delay, loss, or damage, unless suit has been brought within one year after delivery of the Goods or the date when the Goods should have been delivered. Suit shall not be considered to have been “brought” within the time specified unless process shall have been served and jurisdiction obtained over the Ocean Carrier within such time..
For Air shipments: in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo, In the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill, or if an air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by the Carrier.
Unless a written complaint is made within the time limits specified in no action may be brought against Carrier.
Q: What if I discover concealed damage?
Answer: In the event of concealed damage, please notify the local terminal within 15 days of the time of delivery and request an inspection. Please be sure to retain all cartons and packaging materials from the damaged shipment.
Q: How long will it take for my claim to be processed?
Answer: We will make every effort to review and respond to claims within 30 days of receipt. In some cases the claim may require additional investigation which will require more time. We will acknowledge the claim within five working days of receipt of the written claim.
Q: How do I check the status of my claim?
Answer: You may contact our claims department at877-208-5645 or send an e-mail to claims@exfreight.com
