TERMS AND CONDITIONS OF CONTRACT
1. In tendering this shipment, Shipper specifically agrees to the Terms and Conditions of this contract. No agent or employee of the parties may bindingly alter this contract. This DFL airbill is NON-NEGOTIABLE and has been prepared by shipper or on shipper's behalf by DFL.
2. The shipper agrees that carriage and other services performed hereunder are subject to the conditions and to the rates, rules and regulations established by DFL.
3. The shipper must indicate in the designated area on the Face of the Airbill the type of service requested. If the type of service is not indicated, the shipment will be rated at the highest applicable rate established by DFL,
4. In tendering the shipment for carriage, the shipper Warrants that the shipment(s) is packaged adequately to protect the enclosed goods and to ensure safe transportation with ordinary care and handling. Further, each package is appropriately labeled and except as noted, is in good order and condition.
5. DFL is not liable for any loss, damage, delay, misdelivery, non-delivery or other results caused by (a) act, default or omission of the shipper, consignee or any other party who claims interest in the shipment, including any breach of the warranty set forth in paragraph 4 above, (b) the nature of the shipment or any defect, characteristic or inherent vice thereof; (c) acts of God, public enemies, public authorities acting with actual or apparent authority, authority of law, quarantine, riots, strikes and commotions or hazards or dangers incident to a state of war, (d) compliance or non-compliance with delivery or special instructions, (e) weather conditions or mechanical delay or aircraft or other equipment.
6. DFL shall not be liable in any event for any special, incidental or consequential damages including, but not limited to, loss of profits, income, utility, interest, or loss of market whether or not forwarder had knowledge that such damage might be incurred.
7. All claims for loss and damage must be received in writing by DFL within 7 days after delivery. No claims will be paid until transportation charges have been paid.
8. LIMIT OF LIABILITY - For shipments not having a declared value, the total liability of carrier shall in no event exceed $.50 per pound for each piece of the shipment which may have been delayed, lost, damaged or destroyed (but not less than $50.00 per shipment) or the actual value of such piece, whichever is less, plus the amount of any transportation charges for which carrier is liable.
9. Full liability insurance is available at (higher) extra charges and as specifically requested by the shipper on the face hereof. For shipments having a declared value, the total liability of the carrier, shall in no event exceed the declared value of the shipment/piece or the actual value of the shipment/piece, whichever is less, plus the amount of any transportation charges for which the carrier maybe liable.
10. Goods classified as Hazardous materials are accepted subject to DFL's ability to arrange carriage.
11. DFL shall have a lien on this shipment for all sums due and payable.
12. In the event of failure or inability of the consignee to take delivery of the shipment, DFL 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 DFL's notice, DFL may 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 in excess 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 Consignee shall remain liable, jointly and severally, for any deficiency.
13. In the event shipment is sent collect and consignee refuses to pay, DFL reserves the right to bill shipper for all freight charges.
14. SCHEDULE NOT GUARANTEED - Carrier does not undertake to guarantee any flight according to a specific schedule, to make connections with any particular flight or to transport a particular shipment on a particular flight and does not guarantee arrival at destination at or within a specific time.
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