Air Ground Terms and Conditions

1. Carriage And other services performed hereunder are subject to these conditions and to the rates, rules and classifications set forth in the Platinum Logistics currently effective tariffs, which are available for inspection.
2. As used in this contract, “Platinum Logistics” means Demo provider Account and its authorized agents.
3. In tendering the shipment for carriage, the shipper warrants that the shipment is packaged to protect the enclosed goods and to ensure safe transportation with ordinary care in handling, and that each package is appropriately labeled and in good order for carriage as specified.
4. All shipments may, at Platinum Logistics option, be opened and inspected.
5. Platinum Logistics shall not be liable for loss, damage delay or other results caused by (a) acts of God, public enemies, public authorities acting with actual or apparent authority, authority of law, quarantine, riots, strikes, civil commotions, or hazards and dangers incident to a state of war; (b) the act or default of the shipper or consignee, including any breach of the warranty set forth in Paragraph 3 above; (c) the nature of the shipment, or any defect, characteristic or inherent vice thereof; (d) violation by the shipper or consignee of any of these conditions of contract; (e) compliance or non-compliance with delivery or special instructions.
6. PLATINUM LOGISTICS SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF INCOME, WHETHER OR NOT PLATINUM LOGISTICS HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
7. PLATINUM LOGISTICS LIABILITY IS LIMITED TO $0.50 PER POUND PER PIECE; SPECIAL OR CONSEQUENTIAL DAMAGES ARE NOT RECOVERABLE.
8. The shipper and the consignee shall be liable, jointly and severally, (a) for all unpaid charges payable on account of a shipment pursuant to this contract, and (b) to pay or indemnify Platinum Logistics for all claims, fines, penalties, damages, costs or other sums which may be incurred by Platinum Logistics by reason of any violation of this Contract or any other default of the shipper or consignee or their agents.
9. Failure to pay invoice within seven (7) days will result in a lien for overdue charges against your future shipments including the costs of storage and appropriate security for any shipments held to enforce the lien.
10. In the event of the failure or inability of the consignee to take delivery of the shipment. Platinum Logistics will notify shipper in writing at the address shown on the airbill and request disposition instructions. If the shipper fails to provide disposition instructions within 30 days after the date of Platinum Logistics notice, Platinum Logistics will return the shipment to the shipper at the shipper’s expense. If the shipper fails to accept delivery of a shipment thus returned, Platinum Logistics may, upon 30 days written notice to the shipper, dispose of the shipment at public or private sale and pay itself out of the proceeds to satisfy the transportation charges owing on the shipment. Any sums collected by Platinum Logistics in excess of such transportation charges will be paid to the shipper. No sale or disposal pursuant to this rule will discharge any liability or lien to any greater extent than the proceeds thereof. The shipper and the consignee shall remain liable, jointly and severally for any deficiency.
11. Platinum Logistics will exercise due diligence in routing shipment. In the absence of specific contrary instructions by the shipper on the airbill. Platinum Logistics may divert any shipment to surface transportation in order to expedite its movement. Regardless of the method of transportation employed, the Platinum Logistics air freight charges from origin to destination will apply.
12. Claims for loss or damage discovered by the consignee after delivery and after a clear receipt has been given to Platinum Logistics must be reported in writing to Platinum Logistics within 15 days after delivery of the shipment, with privilege to Platinum Logistics to inspect the shipment and its container(s) and packing materials within 15 days after receipt of such notice. (On shipments to Puerto Rico and Canada, claims must be reported within 7 days after delivery.)
13. No claims with respect to a shipment, any part of which is received by the consignee, will be entertained until all transportation charges have been paid.
14. Claims for overages or duplicate billings must be made in writing within a period of 120 days after the date of acceptance of the shipment by the Platinum Logistics.
15. Platinum Logistics shall not be liable in any action unless a claim has been filed and such action is brought within 1 year after the date written notice is given to the claimant that Platinum Logistics has disallowed the claim in full or in part. (On shipments to Canada, action must be brought within 2 years after the delivery of the shipment.)
16. International air carriage is subject to the rules relating to the liability established by the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929.
17. To the extent that it is not governed by Federal law, this Contract and the tariffs incorporated by reference shall be construed and the performance of the transportation hereunder shall be determined in accordance with the laws of the State in which the shipment is accepted by the Platinum Logistics. If any provision of this contract including the tariffs incorporated by reference, is determined to be invalid or unenforceable, the reminder of the Contract shall not be affected thereby.