These terms govern the services RK Logistics provides to its customers.
THESE TERMS AND CONDITIONS OF INTERNATIONAL AIR CARRIAGE APPLY ONLY TO ANY SHIPMENT MOVING VIA AIR TRANSPORTATION (INCLUDING JOINT AIR AND SURFACE) FROM A PLACE IN ONE COUNTRY TO A PLACE IN ANOTHER COUNTRY. BY TENDERING A SHIPMENT TO CARRIER, ACCEPTING A SHIPMENT FROM CARRIER, ARRANGING WITH CARRIER FOR A SHIPMENT'S TRANSPORTATION OR SIGNING CARRIER’S WAYBILL, SHIPPER AGREES TO ALL OF CARRIER’S TERMS AND CONDITIONS OF INTERNATIONAL AIR CARRIAGE.
SHIPPER EXPRESSLY AGREES THAT THE CARRIER’S LIABILITY FOR CARGO LOSS, DAMAGE OR DELAY IS LIMITED IN ACCORDANCE WITH THE PROVISIONS HEREIN.
CONDITIONS OF CARRIAGE
The following definitions apply to both sides of this air waybill (“Waybill”): “Carrier” means RK Logistics Group, Inc. in its capacity as a freight forwarder; it is acknowledged and agreed by Shipper that Carrier is not a motor carrier or air carrier, Carrier’s services are limited to arranging, but not performing, transportation via third party carrier, Carrier does not operate any transporting Conveyance or engage drivers or pilots. “Conditions” shall mean all the terms and conditions of contract as stated herein. “Carriage” is the transportation, loading, unloading, storing, handling and services arranged by the Carrier and performed by third parties engaged by Carrier in relation to the goods covered by this Waybill between origin and destination points identified on the face hereof. “Cartage” means the portion of the Carriage occurring before or after the transport of a Shipment aboard an aircraft, if any. The “Convention” means whichever of the following instruments is applicable to the contract of carriage: The Convention for the Unification of Certain Rules for International Carriage by Air, Montreal, 28 May 1999 (“Montreal Convention”); the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (“Warsaw Convention”) as amended. The term “Conveyance” means any vessel, barge, aircraft, truck, trailer, intermodal container, or rail car, or any connecting conveyance while in the ordinary course of transit by land, sea, or air. “Shipment” means all pieces that are tendered to and accepted by Carrier on a single Waybill. “Shipper” includes the shipper, consignor, consignee, receiver, holder of this Waybill, owner of the goods or other person entitled to the possession of the goods and the servants and agents of any of these, including without limitation, any consolidator, customs broker or other intermediary involved in arranging this shipment , all of whom shall be jointly and severally liable to the Carrier for the payment of all charges, and for the performance of the obligations of any of them under this Waybill, and subject to all Conditions herein.
By tendering a Shipment to Carrier, accepting a Shipment from Carrier, arranging with Carrier for a Shipment's transportation, signing Carrier’s Waybill, or agreeing to Carrier’s terms and conditions by electronic means, Shipper agrees to all terms of this non-negotiable Waybill as a contract of carriage. In the event any Shipment is tendered to Carrier for air transportation on any shipping document other than Carrier’s Waybill, Shipper agrees that these Conditions shall supersede any rules, regulations or contractual terms contained on the shipping document on which the Shipment was tendered. Except to the extent of any written contract between signed by an authorized representative of Shipper and Carrier which purports to supersede these Conditions, this Waybill supersedes and negates any claimed, alleged, or asserted oral or written contract, promise, representation, or understanding between the parties with respect to this Shipment.
Any exclusion or limitation of liability or other provision benefiting the Carrier shall apply to and be for the benefit of Carrier’s agents, servants, subcontractors and representatives and any person providing Carriage covered by this Waybill. Any such limitation of liability shall be a single, aggregate limitation, and a single aggregate right of recovery, and satisfaction of such limitation by any one or more of the foregoing shall act as a satisfaction of such limitation by all of them. It shall also result in a full assignment and release of claims by each Shipper. Without prejudice to the foregoing, no benefits hereunder extend to any such persons with respect to any claim brought against them by the Carrier. Shipper warrants that no claim shall be made against any servant, agent or other person (including any independent contractor) whose services have been used in order to perform the contract without the prior written consent of Carrier.
Any additional services rendered by Carrier other than arranging Carriage pursuant to this waybill, including, but not limited to, Carrier undertaking to file or submit any information, in any format, to any government regulatory agency, organization or similar entity on Shipper’s behalf and written authorization, whether in conjunction with the Waybill or the Carriage contemplated herein, shall be governed by RK Logistics Group, Inc.’s Terms and Conditions of Service, as amended, available at rklogisticsgroup.com/termsandconditions.
The Shipper shall comply with all applicable laws, rules and regulations applicable to tender of cargo for transportation including, but not limited to, those relating to: (i) the packing, carriage, sealing, identification or delivery of the goods or, (ii) any aviation or other general freight transport security requirements which must or ought to be complied with by the Shipper.
The Shipper shall furnish complete and accurate information and attach such documents to this Waybill as may be necessary to comply with such laws, rules and regulations and enable Carrier to fully complete the contract of Carriage. Carrier is not liable to the Shipper or any other person for loss or expense due to the Shipper’s failure to comply with this provision.
The Shipper warrants that: (i) it is either the owner of the goods or the authorized agent of the owner of the goods described on the face hereof and further warrants that it is authorized to accept and is accepting these Conditions not only for himself but also as agent for and on behalf of the owner of the goods and all other persons who are or may hereafter become interested in the goods; (ii) the description and particulars of any goods furnished by or on behalf of the Shipper are complete, timely and accurate, and do not contain any irregularities; (iii) all goods have been properly and sufficiently prepared, packed, stowed, labeled, sealed, identified and/or marked and that the preparation, packing, stowage, labeling and marking are appropriate to any operations or transactions affecting the goods and characteristics of the goods; (iv) the goods do not comprise or contain any explosive, incendiary or other device, substance or weapon which may endanger life or the safety of any airplane, vehicle or other Conveyance to be used in connection with the Carriage of the goods or which may cause or may be likely to cause loss, damage, injury to or death of any person or property; (v) the goods do not comprise or contain any dangerous or hazardous materials within the meaning of the IATA Dangerous Goods Regulations, Perishable Cargo Regulations, or Temperature Control Regulations each as revised from time to time (collectively the “Dangerous Goods Regulations”) and the Shipper will not tender such goods to the Carrier for Carriage and/or attendant services without obtaining the Carrier’s prior written consent. Where such consent is granted the Shipper warrants that all such goods are packed, labeled and specified and otherwise meet all the requirements and provisions of the Dangerous Goods Regulations and Shipper acknowledges and agrees that Carrier shall have no obligation to comply with any special handling instructions unless expressly agreed to by Carrier in writing prior to pick-up of the cargo; and (vi) it is in compliance with all applicable laws and government rules and regulations related in any way to the transport of its goods, including, but not limited to, the U.S. Foreign Corrupt Practices Act, the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, the U.S. Anti- Boycott regulations, the various U.S. economic sanctions programs administered by the U.S. Treasury’s Office of Foreign Assets Control and any applicable laws or regulations of any country to, from, through or over which goods may be carried.
THE SHIPPER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CARRIER, ANY TRANSPORTING CARRIER, AND ANY OF THEIR AFFILIATED ENTITIES FROM AND AGAINST, AND SHALL PAY AND REIMBURSE ANY AND ALL DIRECT AND INDIRECT LIABILITIES, CLAIMS, LOSSES, EXPENSES, COSTS (INCLUDING ATTORNEY FEES) OR DAMAGES (FOR PURPOSES OF THIS PROVISION, “CLAIMS”) INCURRED OR OCCASIONED BY (i) THE FAILURE OF THE SHIPPER TO COMPLY WITH THESE PROVISIONS; (ii) COMPLIANCE WITH OR RELIANCE ON INFORMATION OR INSTRUCTIONS PROVIDED BY OR ON BEHALF OF SHIPPER; (iii) SHIPPER’S NEGLIGENCE OR WILLFUL MISCONDUCT; OR (iv) CLAIMS, SEEKING TO IMPOSE LIABILITY IN EXCESS OF ANY LIABILITY EXPRESSLY ASSUMED BY CARRIER HEREIN OR IN EXCESS OF ANY LIMITATION OF LIABILITY TO WHICH CARRIER IS ENTITLED HEREUNDER. THE INDEMNITY OBLIGATIONS IN THIS PROVISION SHALL NOT APPLY TO THE EXTENT A CLAIM IS DETERMINED BY A COURT OF APPROPRIATE JURISDICTION TO HAVE BEEN CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CARRIER.
Liability of Carrier, if any, for loss or damage to a Shipment, including loss or damage due to delay, shall be governed by the Conventions except to the extent superseded by compulsorily applicable law which cannot be waived. Carrier’s care, custody, and control over the Shipment shall commence when the Shipment is safely received by Carrier, or its subcontractor or authorized agent, and shall terminate when delivered to the consignee, owner or any other party entitled to receive the Shipment or to such other destination as Shipper may designate. Except to the limited extent otherwise required by compulsorily applicable law which cannot be waived, (i) Carrier or any of its authorized agents and subcontractors shall be liable for any cargo loss, damage or delay for any air transportation, ground transportation (including over the entire route), storage, and any other handling solely to the extent caused by their respective failure to exercise reasonable care in respect of the cargo, and only while such cargo is their actual custody; and (ii) Carrier’s sole liability with respect to delay shall be to the extent unreasonable delay due to Carrier’s negligence or intentional misconduct results in actual loss of or damage to goods. The sole liability of Carrier, and the sole recovery of Shipper, with respect to any loss, damage, destruction or delay to cargo shall be as set forth in these Conditions. Any amounts recovered from any third party shall be credited against the liability of Carrier. If a court of competent jurisdiction holds that this standard of liability is not enforceable, the limitation on recovery shall nevertheless be limited in accordance with the provisions of this Waybill. 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.
EXCEPT TO THE EXTENT THE CONVENTION OR OTHER COMPULSORY LAW MAY OTHERWISE REQUIRE, THE CARRIER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSS, NOR FOR ANY LOSS OF PROFITS OR SALES, BUSINESS INTERRUPTION, LOSS OF MARKET, LOSS OF CONTRACT, LOSS OF REPUTATION OR GOODWILL, LOSS OF REVENUE OR USE CLAIMS, PUNITIVE OR EXEMPLARY DAMAGES, THE CONSEQUENCES OF DELAY OR DEVIATION HOWSOEVER CAUSED, ANY DAMAGE OR DELAY CAUSED BY THE SHIPPER, THIRD PARTY CLAIMS AGAINST THE SHIPPER OR ANY DAMAGE OCCURRING OUTSIDE THE CUSTODY OF THE CARRIER OR ITS SUBCONTRACTORS. THE FOREGOING EXCLUSIONS AND LIMITS OF LIABILITY SHALL APPLY WHETHER OR NOT CARRIER HAD KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE DEFENSES AND LIMITS OF LIABILITY PROVIDED FOR HEREIN SHALL APPLY IN ANY ACTION AGAINST THE CARRIER WHETHER FOUNDED ON CONTRACT, TORT, EQUITY, INDEMNITY, BAILMENT OR ANY OTHER BASIS WHATSOEVER AND EVEN IF THE LOSS OR DAMAGE AROSE AS A RESULT OF NEGLIGENCE, RECKLESSNESS OR FUNDAMENTAL BREACH. IN NO EVENT WILL CARRIER’S TOTAL LIABILITY ARISING FROM OR RELATED TO SERVICES PROVIDED PURSUANT TO THIS WAYBILL EXCEED TWO HUNDRED FIFTY THOUSAND U.S. DOLLARS (US$250,000.00).
Except as a Convention or other Compulsory Law may require, Carrier shall not be liable for any loss, damage, misdelivery, delay, or non-delivery not caused by its own negligence or intentional misconduct, or any loss, damage, delay, misdelivery, or non-delivery caused by the act, default or omission of Shipper, the consignee, or any other party that claims an interest in the shipment; the nature of the shipment or any defect, characteristic, or inherent vice of the goods; or act of God, perils of the air, public enemies, public authorities acting with actual or apparent authority of law, acts, or omissions of customs or quarantine officials, riots, strikes, civil commotions, hazards incident to a state of war, weather conditions, or delay of aircraft or other vehicles used in providing transportation services, or any other cause or event which the Carrier is unable to control or avoid and the consequences of which the Carrier is unable to prevent by the exercise of reasonable diligence.
Shipper acknowledges and agrees that Carrier’s liability, and Shipper’s total cumulative recovery (regardless of whether obtained from Carrier or any other party), is limited by the Conventions to 26 Special Drawing Rights per kilogram unless a higher value is declared in accordance with the below. If specifically agreed, Carrier will perform or arrange for the Cartage of the goods. Loss or damage to goods during such Cartage shall be subject to a limitation of liability for cargo loss or damage of fifty cents (US$0.50) per pound unless a higher value is declared in accordance with the below.
Shipper may declare a higher value by paying $0.75 per $100 of value at least seventy-two (72) hours prior to scheduled pick-up, in which case Carrier’s liability for loss, damage or destruction to the Shipment will be limited to the lesser of the cost to repair or replace the affected cargo and the value declared. Shipper will be responsible for additional charges related to such declaration. Carrier’s declared value fee is $0.75 per hundred dollars in value declared. If value has been declared, Carrier’s liability shall be for the lesser of the cost to repair or replace the goods, or the value declared, subject to the additional limitations set forth below.
Shipper assumes all risk of any loss, damage, or delay in excess of the declared value or liability limitations set forth herein. If Shipper sends more than one piece on a Waybill, Shipper shall specify the declared value for each piece; otherwise, the declared value for each piece shall be determined by dividing the total declared value by the number of pieces on the Waybill. The maximum declared value per Shipment is one hundred thousand U.S. dollars (US$100,000.00), and any effort to declare a value in excess of this maximum, except by obtaining written authorization from a corporate officer of Carrier shall be null and void. Regardless of the value declared, the number of Shipments transported by Carrier, or the number of distinct shippers affected by a disaster, accident, or other event, Carrier’s liability for loss, damage, or delay shall not be more than one million U.S. dollars (US$1,000,000.00) by any one Conveyance, or in any one place, or at any one time, or in any one disaster, accident, or other occurrence. Regardless of the value declared, Carrier’s liability for loss, damage, or delay shall not exceed the Shipment’s repair cost, depreciated value or replacement cost, whichever is less, and in no event will Carrier’s liability for delay exceed the charges actually paid to Carrier with respect to any Shipment subject to a claim for delay.
Notice of arrival of goods will be given promptly to the consignee or to the person indicated on the face hereof as the person to be notified. The Carrier is not liable for non-receipt or delay in receipt of such notice.
On arrival of the goods at the place of destination, subject to the acceptance of other instructions from the Shipper prior to arrival of the goods at the place of destination, delivery will be made to or in accordance with the instructions of the consignee on payment of all charges due. If the consignee declines to accept the goods or cannot be communicated with, disposition will be in accordance with instructions of the Shipper and subject to payment of all charges. If Shipper fails to give disposition instructions within 2 days of being notified of consignee’s non-acceptance of the goods, Carrier shall be entitled to exercise its lien rights or otherwise dispose of the Shipment at public or private sale and pay itself out of the proceeds to satisfy the transportation and storage charges owing on the Shipment. No sale or disposal pursuant to this rule shall 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.
In the case of cargo loss, damage or delay, the person entitled to delivery must make a claim in writing to the Carrier issuing this Waybill. Such written claim must be made: (i) 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; (ii) In the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery; (iii) In the case of non-delivery of the cargo, within 120 days from the date of issue of the Waybill, or if any air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by the Carrier.
The claim shall be sent to the address of the Carrier. All written claims must set forth at minimum a reasonably comprehensive factual statement of the circumstances of the claim, state the basis why it is alleged Carrier is liable for the claimed damages, and a statement of specified, actual damages. If a complete written claim is not made within the time limits specified above, Shipper waives its action against Carrier.
Any rights to damages against the Carrier shall, in any event, be extinguished unless an action is brought within two years from the earliest of the date of arrival at the destination or the date on which the goods ought to have arrived or the date on which the transportation stopped.
THE SHIPPER, UNDERSTANDING THAT THE ORDINARY RATES OF THE CARRIER ARE PREMISED UPON THE CARRIER’S LIMITATION OF LIABILITY, AND IN CONSIDERATION FOR SUCH RATES, IN ADDITION TO ALL OTHER RESPONSIBILITIES SET FORTH HEREIN.
No claim shall be processed by Carrier until all transportation charges have been paid. The amount of a claim may not be deducted from the transportation charges. In the event of a claim, the shipment, its container, and its packing material shall be made available to Carrier for inspection at the delivery location.
Carrier reserves the right to reject any Shipment for any reason whatsoever, including but not limited to, safety or security concerns. It is agreed that no time is fixed for the completion of Carriage hereunder and that Carrier may, without notice and for any reason,
substitute alternate carriers or other means of transportation (including ocean and/or ground transportation) and
select the routing or deviate from that shown on the face of the Waybill. Carrier assumes no obligation to forward the goods by any specified carrier, transportation mode, or route or to make connection at any point according to any particular schedule, and Carrier is hereby authorized to select, or deviate from, the transportation modes, carriers, or routes, notwithstanding that the same may be stated on the face of the Waybill. Shipper, consignee, and owner, jointly and severally guarantee payment of all charges and advances arising in such instances.
Carrier shall not be liable for loss, damage, delay, wrongful or missed deliveries or nonperformance of its duties herein, resulting from circumstances beyond the reasonable control of either Carrier or its subcontractors, including but not limited to: (i) acts of God, including disease or pandemic, epidemic, flood, earthquake, storm, hurricane, power failure or other natural disaster, typhoon, tropical storm, tornado, blizzard, ice storm, or fire; (ii) war, robbery, theft, hijacking, crime, fraud, criminal or terroristic activities; (iii) embargoes; (iv) impacts on transportation networks, power grids, communications networks; (v) civil commotions or riots; (vi) defects, nature or inherent vice of the goods; (vii) acts, breaches of contract or omissions by Shipper or any other person that may have an interest in the goods; (viii) acts by any government office or agency; or (ix) strikes, lockouts, or other labor related conflicts or slowdowns.
While the Carrier agrees to use all reasonable endeavors to complete the Carriage hereunder with reasonable dispatch, no time for completion is fixed, and the Carrier reserves to itself the right without notice to substitute alternative carriers or aircraft and with due regard to the interest of the Shipper use other means of transportation. The Carrier is further 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.
With respect to motor carrier transportation arranged by Carrier, Carrier shall arrange with authorized motor carrier(s) to perform such transportation. Shipper expressly waives all rights and remedies it may have as to Carrier and its subcontractor motor carriers under 49 U.S.C. Subtitle IV, Part B (excluding §§ 13703, 13706, 14101 and 14103) to the full extent permitted by 49 U.S.C. § 14101(b)(1), each as amended from time to time, including, but not limited to 49 U.S.C. § 14706, and Shipper hereby agrees to the cargo liability standards and limitations set forth in these terms and conditions as to such motor carrier Shipment.
Carrier assumes no obligation to forward the goods by any specified carrier, transportation mode, or route or to make connection at any point according to any particular schedule, and Carrier is hereby authorized to select, or deviate from, the transportation modes, carriers, or routes, notwithstanding that the same may be stated on the face of the Waybill. Shipper, consignee, and owner, jointly and severally guarantee payment of all charges and advances arising in such instances.
If at any stage in any transaction Carrier should reasonably consider that there is good reason in Shipper’s interests to depart from any Shipper’s instructions, Carrier shall be permitted to do so and shall not incur any additional liability in consequence of so doing.
Carrier is authorized (but shall be under no obligation) to advance any duties, taxes, or charges and to make any disbursements with respect to the goods. Each Shipper, owner, and consignee shall be jointly and severally liable for the reimbursement thereof. Carrier shall be under no obligation to incur any expense or to make any advance in connection with the forwarding or reforwarding of goods except against repayment by the Shipper.
If at any time the Carriage is or is likely to be affected by any hindrance or risk of any kind (including the condition of the goods) not arising from any fault or neglect of Carrier, Carrier may: abandon services in respect of the goods at any place that Carrier deems (in its sole discretion) safe and convenient, whereupon delivery shall be deemed to have been made, and the responsibility of Carrier in respect of such goods shall cease. In such event, Carrier shall be entitled to full charges and Shipper shall pay any additional costs arising out of such event.
When goods are accepted or dealt with upon instructions to collect freight, duties, charges or other expenses from the consignee or any other person the Shipper shall remain responsible for the same if they are not paid by such consignee or other person immediately when due.
Shipper hereby consents to a search or inspection of the goods, including screening of the goods, by Carrier, the Transportation Security Administration of the U.S. Department of Homeland Security (“TSA”), or other authorized government authorities. Carrier is not obligated to open and inspect the contents of any shipment. Carrier shall have the right to refuse any article, the transportation of which is prohibited by rule or by applicable law, orders or regulations, or the transportation of which, in Carrier’s judgment, would be unsafe. If such shipment should be accepted or transported, Carrier reserves the right to remove it and, if necessary, to abandon it. Where circumstances permit, such shipment shall be stored at Shipper’s expense pending receipt of disposition instructions from Shipper.
The Shipper guarantees payment of all charges for the Carriage due in accordance with Carrier’s Conditions and agrees to pay Carrier for claims, fines, penalties, damages, costs (storage, handling, reconsignment, return of freight to Shipper, etc.) or other sums which may be incurred by Carrier, including any amounts for accessorial services rendered or arranged by Carrier or any person providing Carriage. All charges are earned in full upon Carrier’s agreement to transport the Shipment. Shipper will pay Carrier’s invoices in full and without deduction or offset within fifteen (15) days of the date of invoice, but Carrier reserves the right to cancel credit at any time in its sole discretion and demand immediate payment, including prior to rendering any services. All payments shall be made in United States Dollars. Shipper shall be responsible for costs of making payment. Any payment which is past due shall be subject to an additional charge of one and 1.5% per month of the outstanding balance due or the maximum interest rate permitted by applicable law, whichever is less. Shipper is responsible for all collection costs, including reasonable attorney fees, incurred by Carrier in collecting amounts owed by Shipper. When a Shipment is tendered on a collect or third party billing basis, Shipper shall remain responsible for all charges not paid by the responsible party immediately when due. Claims for overcharges or duplicative payments shall be made in writing and are extinguished unless received by Carrier within two (2) years after the date of acceptance of the shipment by Carrier. Rates and charges for this Shipment shall be based on actual or dimensional weight, whichever is greater.
Carrier shall have a lien on any and all documents and Shipments of Shipper under Carrier’s (or any transporting carrier’s) actual or constructive possession or control for monies owed to Carrier with regard to the Shipment on which the lien is claimed, prior Shipment(s) or both. In the event Carrier exercises its lien it shall notify Shipper of the exact amount of monies due and owing by Shipper. Carrier shall also notify Shipper of all storage and continuing charges accruing on Shipments subject to Carrier’s lien. Carrier may refuse to surrender possession of any Shipment(s) until such charges are paid. Carrier shall release its lien upon receipt of payment by Shipper of the total amount due. In the event Shipper does not satisfy Carrier’s lien within fifteen (15) days of Carrier’s exercise of the lien, Carrier shall have the right, but not the obligation, to sell such Shipment(s) at public or private sale or auction without further notice to Shipper.
Except to the extent governed by the Conventions, or compulsorily applicable laws that cannot be waived, these Conditions and the services provided by Carrier shall be governed by and subject to the laws of the State of California without regard to the choice-of-law rules of California or any other state or nation. SHIPPER AND CARRIER AGREE THAT ANY CLAIM OR DISPUTE ARISING FROM OR IN CONNECTION WITH CARRIER’S SERVICES, WHETHER UNDER FEDERAL, STATE, LOCAL, OR FOREIGN STATUTES, REGULATIONS, OR COMMON LAW, SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS OF APPROPRIATE SUBJECT MATTER JURISDICTION SERVING ALAMEDA COUNTY, CALIFORNIA. SHIPPER AND CARRIER HEREBY CONSENT TO THE JURISDICTION OF SUCH COURTS. Shipper hereby consents to any Carrier-instituted transfer of such action to any other venue in which Carrier is a party or subsequently becomes a party to an action concerning loss, damage or delay to the cargo that is the subject of Shipper’s action. Should Carrier successfully defend itself or any legal actions brought by any party with an interest in this Shipment, Carrier shall be entitled to reasonable attorney fees and costs. If any provision of these Conditions is declared void, invalid or unenforceable by any court of law, the remaining provisions of these Conditions shall, to the extent permitted by such declaration, remain in full force and effect as though the void, invalid or unenforceable provisions were never a provision of these Conditions. No agent, servant or representative of the Carrier has authority to alter modify or waive any provisions of this contract.
Shipper acknowledges that Carrier, like all indirect air carriers, is required by the TSA to maintain an air cargo security program. If Shipper is acting as an agent, authorized representative, broker, carrier, consolidator, or other freight intermediary for any other person or entity, Shipper shall disclose that fact to Carrier and shall assist Carrier in complying with the TSA requirements by enabling Carrier to obtain any necessary documents from, or otherwise qualify, such other person or entity. As required by TSA regulations (49 C.F.R. § 1548.9(b)), Shipper hereby consents to a search or inspection of the cargo, including screening of the cargo. If Shipper, as the person who originates and tenders cargo for air transportation, or as such person’s representative, is an individual (natural person), such person shall advise Carrier of that fact, and Carrier shall, if required by law, provide Shipper or such person with a Privacy Act Notice.