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.