Contract Terms & Conditions

CONDITIONS OF CONTRACT In these Conditions: CARRIER means IMPEX WORLDWIDE INC GOODS means items and or documents consigned by a customer from one address to another CUSTOMER means anybody that consigns goods to IMPEX In this contract and the Notices appearing hereon: CARRIER includes the air carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage. The shipment accepted for Impex Worldwide Inc by its employees and agents (referred to collectively hereinafter as ‘IMPEX’) is subject to the terms and conditions set out hereunder. 1. The Air Way Bill (AWB) This IMPEX Air way bill is non-negotiable, and the shipper acknowledges that it has been prepared by the shipper or by IMPEX on behalf of the shipper. The responsibility of IMPEX for a shipment accepted under an air way bill ceases when the consignee receives same and or acknowledges receipt of the shipment by affixing the signature on the "Proof of Delivery" copy and / or the Delivery Sheet. 2. Shippers Obligation and Acknowledgement By tendering materials for shipment via IMPEX, it is deemed that the shipper agrees to the terms and conditions stated herein. The shipper warrants that he is the owner or the authorized agent of the owner of the goods transported hereunder, and that the shipper hereby accepts IMPEX’s 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 this Air way bill and it does not contravene the provisions of the USA Postal Act and has not been declared by IMPEX to be unacceptable for transport as specified under section 10 below and that the shipment is properly marked and addressed and packed to ensure safe handling. 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 such return. The shipper accepts the condition that the shipment is being carried by IMPEX from the point of tendering only up to the address shown on this Air way bill and that in case the shipment has to be returned/redirected/returned for any reason whatsoever, the shipper shall pay in advance all charges levied by IMPEX for such rerouting/redirection/return as per the normal schedule of charges of IMPEX applicable thereon, IMPEX COURIER will hold such shipments at the destination mentioned on the AWB for a maximum of 10 days from the date of the shipment without informing the shipper and the shipper hereby indemnifies "IMPEX" against any claim or liability. Packing of the materials tendered for shipment is the responsibility of the shipper, including placement of such materials include containers supplied by "IMPEX", if any. Not such standing anything else in these Terms and Conditions, the shipper indemnifies "IMPEX" from any loss or claims arising from breakage or damages to the materials shipped. 3. IMPEX’s right of Inspection of Shipment: "IMPEX" has the right, but not the obligations, to open any/or inspect any shipment. Shipments shall be tendered to "IMPEX" in an "Open Condition" and shall by accepted only after an inspection of its contents by an "IMPEX" employee to ensure its conformity with these Terms and Conditions & the regulations of TSA. "IMPEX" reserves the right to refuse shipments under these Terms and Conditions without assigning any reason whatsoever. Chargeable Weight: Every shipment shall be charged by its chargeable weight as defined hereunder and not its actual weight. The chargeable weight shall be the higher of: the actual weight rounded off to the higher kg. as per the category agreed to. (or) the volume of weight similarly rounded off as in (a) above. Volume weight of the shipment in Kilograms is its gross cubic centimeters divided by 6000. 4. Lien on goods shipped "IMPEX" shall have a lien on any goods shipped for all freight charges, State/Local taxes. Advances or other charges of any kind arising out of transportation hereunder and may refuse to surrender possession of the goods until such charges are paid. DOMESTIC CARRIAGE - Limitations of Liability 5. Without prejudice to Section 7 and Section 8, the liability of "IMPEX" for any loss or damage to the shipment (which terms shall include all documents or parcels consigned through "IMPEX") shall be $100.0: The amount of loss or damages to the document or parcel actually sustained, or The actual value of the document or parcel as determined hereunder, without regard to the commercial utility or special value of the shipper: the actual value of a document shall be ascertained by reference to its cost of preparation or replacement, reconstruction value at the time and place of shipment, but under no circumstances shall exceed $100.0 the actual value of a parcel (which terms shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost of repair or replacement resale or fair market value not exceeding the original cost of the article actually paid by the shipper, always within the overall limit of $100.0 Consequential Damages Excluded 6. IMPEX shall not be liable in any event, for any consequential or special damages or other direct or indirect loss, whatsoever arising, whether or not "IMPEX" had knowledge that such damages might be incurred including but not limited to loss of income, profits, interest, utility of loss of market. 7. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s agents, employees, and representatives and to any person whose aircraft or equipment is used by Carrier for carriage and such person’s agents, employees and representatives. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof. 8. Liabilities Not Assumed: In particular, "IMPEX" will not be liable for any loss of, or damage to the shipment or a delay in picking or delivering the shipment if it is: Due to acts of God, force major occurrence or any cause reasonably beyond the control of "IMPEX" or Caused by : 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 of the terms and conditions hereof) or any other person. Carriers such as airlines or railways not adhering to schedules for any reason whatsoever. Government officials in discharge of their official duties such as customs/taxation/inspection etc., The nature of the shipment or any defect characteristic, or inherent vice thereof. Electrical or magnetic injury, erasure, or other such damage to photographic images or recordings in any form, 8.2 The shipper indemnifies IMPEX against loss, damage, penalties action, proceedings etc., that may be instituted by any government officials in discharge of their official duties such as customs/taxation inspection etc. Not withstanding what is stated above, whilst IMPEX will endeavor to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery schedules, IMPEX will not under any circumstances be liable for delay in pick up, transportation or delivery of any shipment, regardless of the cause of such delays. 9. Claims: Any claim must be brought by the shipper and delivered in writing to the office of IMPEX nearest to the location at which the shipment is accepted within 30 days of the date of such acceptance. No claim can be made against IMPEX beyond this time limit. No claim for loss or damage will be entertained until all transportation charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to IMPEX. 10. Materials not accepted for carriage: Except with the express agreement in writing of any authorized officer of IMPEX, IMPEX will not carry materials: Not permitted by the laws/rules/restrictions in force, and Any items notified by IMPEX to be prohibited item. 10.2 A detailed list of materials not accepted for carriage is available upon request. Impex would hold your packages after informing you of their arrival for 14 days after which the packages will accrue $0.10 per Lb per day, after 6 months from notification date the said goods would be auctioned to the public.

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