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By tendering goods for shipment
via ESTAFETA USA,INC. Shipper agrees to the terms and conditions stated herein,
in any applicable tariff, and in the Estafeta USA, Inc. Standard Conditions of
Carriage wich are incorporated into this contract by reference and wich are
available for inspection at any Estafeta USA, Inc. office. No agent or employee
of Estafeta USA, Inc., or the Shipper may alter or modify these terms and
conditions.
1. The Waybill.- The
Estafeta USA, Inc. Waybill is NON NEGOTIABLE, and Shipper acknowledges that it
has been prepared by Shipper or by Estafeta USA, Inc. on behalf of Shipper.
Shipper warrants that is the owner of the goods transported hereunder, or it is
the authorized agent of the owner of the goods, and that it hereby accepts the
terms and conditions of the Waybill for itself and as agent for and on behalf
of any other person having any interest in the Shipment.
2. Shipper's Obligation.-
Shipper warrants that each article in the shipment is property described on
this Waybill and is acceptable for transportation by Estafeta USA, Inc., and
that the shipment is property marked, addressed and packed to ensure safe
transportation.
3.- Limitation of Liability.-
Unless a greater value is declared in writting on the Waybill, Shipper hereby
declares and agrees that the released value of each package or article not
enclosed in a package covered by the Waybill in US $100.00 wich is a reasonable
value under the circumstances surrounding the transportation. The rules
relating to liability established by the Warsaw Convention or by the Convention
for the International Carriage of Goods by Road (CRM) shall apply to the
international carriage of any Shipment hereunder insofar as the same is
governed thereby by the terms of such international vonventions. Estafeta USA,
Inc., does not provide cargo liability or all risk insurance, but Shiper may
pay an additional charge for each additional US $100.00 (or equivalent local
currency) of declared value for carriage. If Shipper declares a higher value
for carriage in writing in the space provided on the face hereof and pays the
additional charge, Estafeta USA, Inc.'s maximum liability will be lesser of
Shipper's declared value for carriage or Shippers actual damages. If more than
one package is shipped under the Waybill, the declared value for carriage of
each package will be determined by dividing the total declared value for
carriage by the number of packages in the shipment.
4. Liabilities Not Assumed.-
Estafeta USA, Inc. shall not be liable for any damages, whether direct,
incidental, special or consequential, in excess of the declared value for
carriage (including but not limited to loss of income or profits), whether or
not Estafeta USA, Inc. had knowledge that such damages might be incurred.
Estafeta USA, Inc. assumes no liability for loss or damage arising out of acts
or omissions by Shipper including, without limitation, incorrect direct
declaration of goods, improper or insufficient packaging, securing, marking or
addressing of the Shipment, or for acts of omissions of the recipient or anyone
else with an interest in the Shipment. Although Estafeta USA, Inc. will
endeavor to exercise it's best efforts to deliver in accordance with the
regular delivery schedules of the company, Estafeta USA, Inc. will not under
any circumstances be liable for delay in pickup, transportation or delivery of
any Shipment, regardless of the cause of such delay. Estafeta USA, Inc. will
not be liable for loss, damage, or deay caused by events beyond its control,
including, but not limited to acts of God, force majeure, perils or acts or
omissions of public authorities (including customs and health officials) with
actual or apparent authority.
5.- Claims.- Any claim
must be brought by the Shipper and delivered in writing to the office of
Estafeta USA, Inc. nearest the location at wich the Shipment was accepted
within sixty (60) days of the date such acceptance of Shipment. No claim may be
made against Estafeta USA, Inc. beyond such time limit. Estafeta USA, Inc. is
not obligated to act on any claim until all transportation charges have been
paid, and the claim amount may not be deducted from these charges. If the
recipient accepts the Shipment without noting any damage on the delivery
record. Estafeta USA, Inc. will assume the Shipment was delivered in good
conditions. In order for a claim for damage to be considered, the contents,
original Shipping cartons and packages must be made available for inspection.
6.- Right to Inspect/Prohibit
Shipments.- All
Shipments may be opened and inspected by Estafeta USA, Inc. or any governmental
authority at any time. Cash, drugs, hazardous materials, firearms, precious
metals, and items prohibited for shipment by any applicable law or items listed
in Estafeta USA, Inc. standard conditions of carriage are not acceptable for
transportation.
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