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.