It is mutually agreed that the shipment described herein is accepted on the date hereof in apparent good order (except as noted) for carriage as specified herein, subject to governing classifications and tariffs in effect as of date hereof. Said classifications and tariffs are available for inspection by the parties here to and are hereby incorporated into and made part of this contract.
Shipment may be diverted to motor or other carrier as per tariff rule unless Sender gives other instructions herein. These terms are applicable for Domestic(within Malaysia) carriage too.
(1) As used in this contract, "Convention" means the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, 12th October 1929, whichever may be applicable to carriage hereunder, "airwaybill" is equivalent to "air consignment note" or "airbill", "carriage" is equivalent to "transportation" and "Carrier" includes the air freight forwarder("Forwarder") issuing this airbill. The term "Sender" as used herein has the same meaning as Consignor. The term "Receiver" as used herein has the same meaning as Consignee. For the purposes of the exemption from and the limitation of liability provisions set forth or referred to herein, "Forwarder" includes agents, servants, or representatives of Forwarder.
CONVENTION OF WARSAW AND GENERAL CONDITIONS OF CARRIAGE:
(2) (a) Carriage hereunder is subject to the rules relating to liability established by the Convention, unless such carriage is not "international carriage" as defined by the Convention.(See Forwarder's Tariffs for such definition).
(b) To the extent not in conflict with the foregoing, carriage hereunder and other services performed by Forwarder are subject to:
(i) applicable laws (including national laws implementing the Convention), government regulations, orders and requirements;
(ii) provisions herein set forth; and
(iii)applicable tariffs, rules and regulations of such Forwarder, which are made part hereof and which may be inspected at any of its offices and at airports from which it operates regular services.
(c) For the purpose of the Convention, the agreed stopping places (which may be altered by the direct air carrier in case of necessity) are those places, except the place of departure and the place of estination, set forth on the face here of or shown in each direct carrier's timetables as scheduled stopping places for the route;
(d) In the case of carriage subject to the Convention, the sender acknowledges that he has been given an opportunity to make a special declaration of the value of the goods at delivery and that the sum entered on the face of the airbills as "Sender's Declared Value for Carriage", if in excess of 250 French gold francs (consisting of 651/2 milligrams of gold with a fineness of 900 thousandths) or their equivalent (US$20.00) per kilogram, constitutes such declaration of value.
(3) Insofar as any provision contained or referred to in this airbill may be contrary to Mandatory law, government regulations, orders, or requirements, such provision shall remain applicable to the extent that it is not overridden thereby. The invalidity of any provision shall not affect any other part thereof.
(4) Except as the Convention or other applicable law may otherwise require:
(a) Forwarder is not liable to the sender or to any other person for any damage delay or loss of whatsoever nature (herein after collectively referred to as "damage") arising out of or in connection with the carriage of the goods, unless such damage is proved to have been caused by the negligence or wilful fault of Forwarder and there has been no contributory negligence of the sender, receiver, or other claimant;
(b) Forwarder is not liable for any damage directly or Indirectly arising out of compliance with laws, government regulations, orders or requirements or from any cause beyond Forwarder's control;
(c) The charges for carriage having been based upon the value declared by sender,it is agreed that any liability shall in no event exceed the sender's declared value for carriage stated on the face hereof, and in the absence of such declaration by sender liability of Forwarder shall not exceed 250 such French gold francs or their equivalent (US$20.00) per kilogram of goods destroyed, lost, damaged or delayed; all claims shall be subject to proof of value.
COMPLETION OF CARRIAGE AND SENDER'S GUARANTEE:
(5) It is agreed that no time is fixed for the completion of carriage hereunder and that Forwarder may without notice substitute alternate carriers or aircraft. Forwarder assumes no obligation to carry the goods by any specified aircraft or over any particular routes or to make connection at any point according to any particular schedule, and Forwarder is hereby authorized to select, or deviate from the routes of shipment, notwithstanding that the same may be stated on the face hereof. The sender guarantees payment of all charges and advances.
(6) The goods, or packages said to contain the goods, described on the face hereof, are accepted for carriage from their receipt at Forwarder's terminal or airport office at the place of departure to the airport at the place of destination. If so specifically agreed, the goods, or packages said to contain the goods, described on the face hereof, are also accepted for forwarding to the airport of departure and for reforwarding beyond the airport of destination. If such forwarding and reforwarding is by carriage operated by Forwarder, such carriage shall be upon the same terms as to liability as set forth in paragraphs 2 and 4 hereof. In any other event, the issuing carrier, and last carrier, respectively, in forwarding and reforwarding the goods, shall do so only as agents of the sender, owner or receiver as the case may be, and shall not be liable for any damage arising out of such additional carriage, unless proved to have been caused by its own negligence or wilful fault. The sender, owner and receiver hereby authorize such carriers to do all things deemed advisable to effect such forwarding and retorwarding including, but without limitation, selection of the means of forwarding and reforwarding and the routes thereof (unless these have been herein specified by the sender), execution and acceptance of documents of carriage (which may include provisions exempting or limiting liability) and consigning of goods with no declaration of value, notwithstanding any declaration of value in this airbill.
ADVANCEMENT OF DUTIES ANDEXPENSES AND CUSTOMS ENTRY:
(7) Forwarder 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, and the sender, owner and receiver shall be jointly and severally liable for the reimbursement thereof.
Forwarder shall not be under obligation to incur any expense or to make any advance in connection with the forwarding or reforwarding of the goods except against repayment by the sender. If it is necessary to make customs entry of the goods at any place, the goods shall be deemed to be consigned at such place to the person named on the face hereof as customs receiver or, if no such person be named, to the carrier carrying the goods to such place or to such customs receiver, if any, as such carrier may designate.
(8) At the request of the sender, and if the appropriate premium is paid and the fact recorded on the face hereof, the goods covered by this airbill are insured on behalf of the sender under an open policy for the amount requested by the sender as set out on the face hereof (recovery being limited to the actual loss or damage not exceeding the insured value) against all risks of physical loss or damage from any external cause whatsoever, except those arising directly or indirectly from war risks, strikes, riots, hostilities, legal seizure or delay, or inherent vice, and subject to the terms and conditions of such open policy which is available for inspection by the sender. Claims under such policy must be reported immediately to an office of Forwarder.
DELIVERY AND NOTICE OF ARRIVAL:
(9) Except as otherwise specifically provided in this contract, delivery of the goods will be made only to the receiver named on the face hereof, unless such receiver is one of the Carriers participating in the carriage in which even delivery shall be made to the person indicated on the face hereof as the person to be notified Notice of arrival of the goods will, in the absence of other instructions, be sent to the receiver, or the person to be notified by ordinary methods. Forwarder is not liable for non-receipt or delay in receipt of such notice.
NOTICE OF CLAIMS AND TIME LIMITATIONS ON ACTIONS:
(10) (a) No action shall be maintained in the case of damage to goods unless a written notice, sufficiently describing the goods concerned, the approximate date of the damage, the details of the claim, is presented tot he office of Forwarder within 7 days from date of receipt thereof, in the case of delay, unless presented within 14 days from the date of the goods are placed at the disposal of the person entitled to delivery, and in the case of loss (including non-delivery) unless presented within 60 days from date of issue of the airbill.
(b) Any rights to damages against Forwarder shall be extinguished unless an action is brought within two years after the date written notice is given to the claimant that Forwarder has disallowed that claim in whole or in part.
(c) Overcharge claims must be received in writing by ABX within one year after ABX accepted the shipment.
(d) No claims shall be paid until transportation charges have been paid. Claims may not be deducted from transportation charges.
COMPLIANCE WITH LAWS AND REGULATIONS:
(11) The sender shall comply with all applicable laws, customs, and other government regulations of any country to, from, through or over which the goods may be carried, including those relating to the packing, carriage, or delivery of the goods, and shall furnish such information and attach such documents to this airbill as may be necessary to comply with such laws and regulations. Forwarder is not liable to the sender or any other person for loss or expense due to sender's failure to comply with this provision.
(12) ABX reserves the options to act as agent of the carrier, instead of as a Forwarder, in which event the direct carrier's tariff shall
apply to this shipment.
WAIVER BY AGENTS:
(13) No agent, servant or representative of Forwarder has authority to alter, modify or waive any provisions of this contract
ABX EXPRESS is a trademark of ABX EXPRESS (M) Sdn Bhd