In tendering the shipment for carriage, the customer agrees to these terms and conditions of carriage and that this Air Waybill is NON-NEGOTIABLE and has been prepared by the customer on the customer's behalf by CONTINENTAL COURIER SERVICES LLC. As used in these conditions, CONTINENTAL COURIER SERVICES LLC includes CONTINENTAL COURIER SERVICES LLC., all operating divisions and subsidiaries of CONTINENTAL COURIER SERVICES LLC., and their respective agents, servants, officers and employees.
1. SCOPE OF CONDITIONS
These conditions shall govern and apply to all services prodded by CONTINENTAL COURIER SERVICES LLC. BY SIGNING THIS AIR WAYBILL THE CUSTOMER ACKNOWLEDGES THAT HE/SHE HAS READ THESE CONDITIONS AND AGREES TO BE BOUND BY EACH OF THEM. CONTINENTAL COURIER SERVICES LLC shall not be bound by any agreement which varies from these conditions, unless such agreement is in writing and signed by an authorized officer of CONTINENTAL COURIER SERVICES LLC. In the absence of such written agreement, these conditions shall constitute the entire agreement between CONTINENTAL COURIER SERVICES LLC and each of its customers. NO employee of CONTINENTAL COURIER SERVICES LLC shall have the authority to alter or waive these terms and conditions, except as stated herein.
2. CONTINENTAL COURIER SERVICES LLC'S OBLIGATIONS
CONTINENTAL COURIER SERVICES LLC agrees, subject to payment of applicable, rates and charges in effect on the date of acceptance by CONTINENTAL COURIER SERVICES LLC of a customer's shipment, to arrange for the transportation of the shipment between the locations agreed upon by CONTINENTAL COURIER SERVICES LLC and the customer.
CONTINENTAL COURIER SERVICES LLC reserves the right to transport the customer's shipment by any route and procedure and by successive carriers and according to its own handling, storage and transportation methods.
3. SERVICE RESTRICTIONS
a) CONTINENTAL COURIER SERVICES LLC reserves the rights to refuse any documents or parcels from any person, firm or company at its own discretion.
b) CONTINENTAL COURIER SERVICES LLC reserves the right to abandon caniage of any shipment at any time after acceptance when such shipment could possibly cause damage or delay to other shipments, equipment or personnel, or when any such carriage is prohibited by law or is in violation of any of the mins contained herein.
c) CONTINENTAL COURIER SERVICES LLC reserves the right to open and inspect any shipment consigned by a customer to ensure that it is capable of carriage to the state or country of destination within the standard customs procedures and handling methods of CONTINENTAL COURIER SERVICES LLC. In exercising this right, CONTINENTAL COURIER SERVICES LLC does not warrant that any particular item to be carried is capable of carriage, without infringing the law of any country or state through which the item may be carried.
4. LIMITATION OF LIABILITY
Subject to Sections 5 and 6 hereof:
a) CONTINENTAL COURIER SERVICES LLC will be responsible for the customer's shipment only while it is within CONTINENTAL COURIER SERVICES LLC's custody and control. CONTINENTAL COURIER SERVICES LLC shedl not be liable for loss or damage of a shipment while reshipment is out of CONTINENTAL COURIER SERVICES LLC's custody or control. CONTINENTAL COURIER SERVICES LLC's LIABILITY IS IN ANY EVENT LIMITED TO ONE HUNDRED DIRHAMS (AED 100/=) or its equivalent per shipment unless a higher value is declared on the Air Waybill at the time of tender and an additional charge is paid for, as assessed and determined by CONTINENTAL COURIER SERVICES LLC, for each ONE HUNDRED DIRHAMS (AED100/-) or fraction thereof, by which the insured value designated by the customer on the Air Waybill exceeds ONE HUNDERED DIRHAMS (AED 100/-) per shipment.
b) Notwithstanding the foregoing, should the customer, at the time of tender, declare a higher value than One Hundred Dirhams (AED 100/O on the Air Waybill, CONTINENTAL COURIER SERVICES LLC's liability shall in any event be limited to the lower of the insured value of the amount of any loss or damage actually sustained by the customer.
c) The actual value of a shipment shall be ascertained by reference to its replacment, reconstitution or reconstruction value at the time and place of shipment, whichever is less, without reference to its commercial utility to the customer or to other items of consequential loss.
d) NOTWITHSTANDING ANY OF THE FOREGOING, THE MAXIMUM INSURED VALUE ON ANY SHIPMENT ACCEPTED BY CONTINENTAL COURIER SERVICES LLC IS TEN THOUSAND DIRHAMS (AED 10,000.00) AND IN NO EVENT SHALL THE LIABILITY OF CONTINENTAL COURIER SERVICES LLC EXCEED THAT AMOUNT.
5. CONSEQUENTIAL DAMAGES EXCLUDED
CONTINENTAL COURIER SERVICES LLC SHALL NOT BE LIABLE, IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL OR INCIDENTAL DAMAGE OR OTHER INDIRECT LOSS HOWEVER ARISING, WHETHER OR NOT CONTINENTAL COURIER SERVICES LLC HAD KNOWLEDGE THAT SUCH DAMAGE MIGHT BE INCURRED INCLUDING, BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.
6. LIABILITIES NOT ASSUMED
a) CONTINENTAL COURIER SERVICES LLC shag not be liable for any loss, damage, delay, misdelivery, nondelivery not caused by its own negligence, or for any loss, damage delay, misdefivery, or nondelivery caused by:
i the Act, default or omission the shipper or consignee or any other party who claims an interest in the shipment.
ii. the nature of the shipment or any defect, characteristic, or inherent vice thereof.
iii. violation by the shipper or consignee of any term or condition stated herein incuding, but not limited to, improper or insufficient packing, securing, marking or addressing misdescribing the contents of any shipment or failure to observe any of these rules relating to the shipment not acceptable for transportation whether such rules are now or hereafter promulgated by CONTINENTAL COURIER SERVICES LLC.
iv. Acts of God, perils of the air, public enemies, public authorities acting with actual or apparent authority or law, acts or omission of postal, customs or other government officials, riots, strikes or other local disputes, hazard incidents to a state of war, weather conditions, temperature or atmospheric changes or conditions, mechanical or other delay, of any aircraft used in providing transportation services or any other cause reasonably beyong the control of CONTINENTAL COURIER SERVICES LLC.
v. Acts of omissions of any postal service, forwarder or any other entity to whom a shipment is tendered by CONTINENTAL COURIER SERVICES LLC for transportation, regardless of whether the shipper requested or had knowldge of such third party delivery requirement.
vi. Electrical or magnetic injury, erasure, another such damage to electronic or photographic images or recordings in any form, or damage due to insects or vermin.
b) While CONTINENTAL COURIER SERVICES LLC will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules, CONTINENTAL COURIER SERVICES LLC will not under any circumstances be liable for delay in pickup, transportation or delivery of any shipment regardless of the causes of such delay.
7. MATERIALS NOT ACCEPTEABLE FOR TRANSPORT:
a) CONTINENTAL COURIER SERVICES LLC will notify customer from time to time as to certain classes of materials which are not accepted by CONTINENTAL COURIER SERVICES LLC for carriage. ft is the customer's responsibility to accurately describe the shipment on this Air Waybill and to ensure that no material is delivered to CONTINENTAL COURIER SERVICES LLC which has been declared to be unacceptable by CONTINENTAL COURIER SERVICES LLC.
| firearms | bullion | works of art | negotiable instruments in bearer form |
| jewelry | precious metal | precious stones | lewd, obscene or pomographic material |
| currency | stamps | deeds | hazardous or combustible materials |
| cashier's cheques | money orders | traveler's cheques | industrial carbons and diamonds |
| antiques | plants | animals |
8. PACKAGING AND ADDRESSING
The packaging of the customer's documents or goods for transportation is the customers sole responsibility, including the placing of the goods or documents in any container which may be supplied by the customer to CONTINENTAL COURIER SERVICES LLC. CONTINENTAL COURIER SERVICES LLC accepts no responsibility for loss or damage to documents or goods caused by inadequate or inappropriate packaging. It is the sole responsibility of the customer to address adequately each consignment of documents or goods to enable effective delivery to be made. CONTINENTAL COURIER SERVICES LLC shall not be liable for delay in forwarding or delivery resulting term the customer's failure to comply with its obligations in this respect.
9. NEGLIGENCE
The customer is liable for all loses, damages and expenses arising as a result of its falure to comply with its obligations under this agreement as a result of its negligence.
10. CHARGES
Any rates quoted by CONTINENTAL COURIER SERVICES LLC for cordage are indusive of local airport taxes, but exclusive of any added taxes, duties, levies, imposts, deposits or outlays incurred in respect of carriage of the customer's goods. Should the customer indicate by endorsement in the space, provided on the Air Waybill that the receiver shall be liable for any customs duty, the customer shall be liable for such customs duty in the event of a default in payment by the receiver. CONTINENTAL COURIER SERVICES LLC will not be liable for any penalties imposed or loss or damage, incurred due to the customer's documents or goods being impounded by customs or similar authorities and the customer hereby indemnifies CONTINENTAL COURIER SERVICES LLC against such penalty or loss.
11. PROPERTY
CONTINENTAL COURIER SERVICES LLC will only carry documents or goods which are the property of the customer and the customer warrants that it is authorized to accept and is accepting these conditions not only on behalf of itself but as agent and on behalf of all other persons who are or may hereafter be interested in the documents or goods. The customer hereby undertakes to indemnity CONTINENTAL COURIER SERVICES LLC against any damages, costs and expenses resulting from any breach of this warranty.
12. CLAIMS
ANY CLAIMS AGAINST CONTINENTAL COURIER SERVICES LLC MUST BE SUBMITTED IN WRITING TO THE OFFICE OF CONTINENTAL COURIER SERVICES LLC NEAREST THE LOCATION WHERE THE SHIPMENT WAS ACCEPTED, WITHIN SIXTY (60) DAY OF THE DATE OF ACCEPTANCE BY CONTINENTAL COURIER SERVICES LLC.
Notwithstanding any of the foregoing, no claim for loss or damages will be entertained until! all transportation charges have been paid.
13. NON-DELIVERY OF SHIPMENT
Notwithstanding the shipper's instruction to the contrary, the shipper, shall be liable for all costs and expenses related to the shipment of the package, and for costs incurred in either returning the shipment or warehousing the shipment pending desposifion.
14. INSURANCE
a) CONTINENTAL COURIER SERVICES LLC maintains cargo liability insurance to the full extent of the liability offered to the shipper.
b) At the request of the shipper and upon payment therefore at the then prevailing rates, CONTINENTAL COURIER SERVICES LLC will arrange insurance coverage on behalf of the shipper in an amount not exceeding Ten Thousand Dirhams (AED 10,000.00).
c) The insurance cover shall be govemed by all the terms and conditions contained in the policy of insurance issued by the insurance carrier. A certificate evidencing such insurance will be made available to the shipper.
d) CONSEQUENTIAL DAMAGES AND LOSS OR DAMAGE RESULTING FROM DELAYS IN TRANSPORTATION ARE NOT COVERED BY ANY SUCH POLICY OF INSURANCE
15. WARSAW CONVENTION
"Where the rules relating to liability established by the warsaw convention or the cmr convention apply, the carrier's liability is governed by and shall be limited in accordance with such rules. Subject to applicable law, where the warsaw convention or the cmr convention do not apply, liability to loss or damage is govemed by these terms & conditions and shall be limited to proven damages unto an amount not exceeding AED 100/. shipment."
THIS IS A NON NEGOTIABLE AIRBILL. ALL SERVICES PROVIDED ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE OF SHIPPER'S COPY. BY SIGNING THIS AIR WAYBILL, THE SHIPPER ACKNOWLEDGES THAT HE/SHE HAS READ THESE CONDITIONS AND AGREES TO BE BOUND BY EACH OF THEM. CONTINENTAL COURIER SERVICES LLC'S LIABILITY IS LIMITED TO US$ 100/-, IN TENDERING THIS SHIPMENT SHIPPER AGREES THAT CONTINENTAL COURIER SERVICES LLC SHALL NOT BE LIABLE FOR SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE CARRIAGE HEREOF, CONTINENTAL COURIER SERVICES LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THIS SHIPMENT.
Copyright © 2016 Continental Courier Services LLC.
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