1. Definitions
The following definitions shall apply to the terms and conditions set out below which govern this Contract of Carriage between you and us.

“We”, “us” and “our”
means subsidiaries, affiliates of INT Express, LLC and their respective employees, agents and independent contractors.

“You” and “your”
means the sender, consignor, consignee of the Shipment, holder of this consignment note, receiver and owner of the contents of the Shipment or any other party having a legal interest in those contents;

“Carriage”
means and includes the whole of the operations and services undertaken by us in connection with the Shipment;

“Prohibited Item”
means any goods or materials, the Carriage of which is prohibited by any law, rule or regulation of the country in which the Shipment originates, any intermediate stop or destination country for the Shipment;

“Shipment”
means any envelope, document, package, parcel, satchel or freight which is or are given to and accepted by us for Carriage and is transported under consignment note.

2. The party with whom you are contracting
Your contract is with the subsidiary or affiliate of INT Express, or any of their independent contractors that originally accepts the Shipment from you. You agree that we may subcontract the whole or any part of the Carriage on any terms and conditions we decide.

3. Your acceptance of our terms and conditions
By giving us your Shipment you accept our Terms and Conditions set out in this Contract of Carriage on behalf of yourself or anyone else who has an interest in the Shipment irrespective of whether you have signed the front of this consignment note or not. Our Terms and Conditions also cover anyone we use to collect, transport or deliver your Shipment. None of our employees, agents or sub-contractors are authorized to waive, alter or modify these terms and conditions. Where you give us the Shipment with oral and written instructions which conflict with these Terms and Conditions we shall not bound by such instructions.

4. Dangerous goods/ security/ prohibited items
4.1 Dangerous goods
We do not accept Dangerous Goods as specified in the ICAO T.I., IATA DGR, IMDG-Code, ADR or other National or International regulations of surface transport of Dangerous Goods.

4.2 Air cargo security regulations
a) You must ensure that the Shipment does not contain a prohibited article as listed in Standard 4.1.1 of the Fifth Edition of ICAO Annex 17. You must give a full description of the contents of the Shipment on the consignment note. All Shipments are subject to security screening which may include the use of X-ray equipment/

b) You declare that you have prepared the Shipment in secure premises, by reliable staff employed by you, and that the Shipment has been protected against unauthorized interference during preparation, storage and transportation immediately prior to hand over to us.

4.3 Prohibited item
We do not accept anything that is a Prohibited Item.

5. Right of inspection
You agree that we or any governmental authority, including customs may open and inspect your Shipment at any time.

6. Routing of shipments
This means, the route, and the method we transport your Shipment shall be at our sole discretion.

7. Customs clearance
7.1 You hereby appoint us as your agent solely for the purpose of clearing and entering the Shipment through customs and you hereby certify that we are the consignee for the purpose of designating a customs broker to perform customs clearance and entry if we sub-contract this work. If any customs authority requires additional documentation for the purpose of confirming our customs clearance status it is your responsibility to provide the required documentation at your expense.

7.2 You certify that all statements and information you provide relating to the exportation and importation of the Shipment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent penalties for which include forfeiture and sale. To the extent that we may voluntarily assist you in completing the required customs formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide us and pay any administration fee we may charge you for providing such assistance.

7.3 Any customs penalties, storage charges or other expenses we incur as a result of the actions of customs or governmental authorities or your failure and/or the receiver’s failure to provide proper documentation and/or to obtain the required license or permit will be charged to you or the receiver of the Shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them.

8. Incorrect address and P.O. Box numbers
If we are unable to deliver a Shipment because of an incorrect address, we will make all reasonable efforts to find the correct address. If the correct address is found to be in the same destination country we will notify you of the correction. We will deliver or attempt to deliver the Shipment to the correct address. Please note that overnight services are not available to P.O. Box numbers.

9. Undeliverable and rejected shipments
Where we are unable to complete the delivery of a Shipment we will try to leave a notice at the receivers address stating that delivery has been attempted and the whereabouts of the Shipment. If after one more attempt delivery has not been made or the receiver refuses to accept delivery we will try to contact you and agree the appropriate action to take. You agree to pay us any costs we incur in forwarding, disposing of or returning Shipment and our charges (if any) for making a third or more delivery attempt.

10. Your obligations
Your warrant to us:
a) That the contents of the Shipment have been properly described and that the consignment note including the consignees address has been accurately and legibly completed;

b) That the contents of the Shipment have been labeled and packed safely and carefully to protect them against the ordinary risks of transport;

c) That the contents of the Shipment are not Prohibited Items or are not ones restricted by IATA or ICAO and that you will supply to us any dangerous goods declaration that is needed, properly and accurately in accordance with all applicable laws, rules and regulations;

d) That in the case of an intra-European Union Shipment where the receiver pays, that your VAT identity number and that of the receivers have been correctly given.
You agree to indemnify us and hold us harmless from any liability we may suffer or any costs, damages or expenses including legal costs we incur arising out of you being in breach of any of these warranties.

11. Extent of our liability
Subject to clause 12 below we limit our liability for any loss, damage or delay of your shipment or any part of it as follows:

11.1 The shipper shall be liable for all costs and expenses related to the shipment and for costs incurred in either returning the shipment to the shipper or warehousing the shipment pending disposition.

11.2 It is the shipper’s obligation to ensure that all shipments entered to INT Express for carriage are prepared and packed sufficiently to ensure safe transportation with ordinary care in handling.

Any article susceptible to damage as a result of any condition which may be encountered in air transportation, collection or delivery must be adequately protected by the customer with proper packing. Each package within a shipment must be legibly and durably marked with full name and address of both shipper and consignee. INT Express accepts no responsibility for inadequate packaging or lack of sufficient consignee information necessary to effect delivery if it so required.

12. Limitation of Liability
INT Express’s liability for loss of, damage to, or failure to deliver is limited by this Airwaybill to US$100 or US$9.07 per pound or US$20.38 per kilogram or equivalent local currency, whichever is lesser. INT EXPRESS does not provide cargo liability or all-risk insurance.

13. Liabilities Not Assumed
While INT Express endeavors to exercise its best efforts to provide expeditious delivery in accordance with regular scheduled services, INT Express will not, under any circumstances, be liable for delay in pick-up transportation or delivery of any shipment, regardless of the cause of such delay. Further, INT Express will not be liable for any loss, damage, misdelivery or non-delivery:

a) directly or indirectly from labor disputes or strikes, whether actual or threatened, the refusal or withdrawal of any necessary authorization or permits required in connection with the carriage of goods pursuant hereto, the outbreak of war, hostilities, insurrection, civil commotion or rebellion, grounding of aircraft, unusually severe weather, acts of God, or any other circumstances outside of INT Express’s control.

b) Caused by

i) the act default, or omission, of the shipper, the consignee or any other party who claims an interest in the shipment (including violation of any term or condition hereof), or any person other than INT Express, or of any Customs or other Government officials, or of any Postal Service, forwarder or other entity or person to whom a shipment is tendered to INT Express for transportation to any location not regularly served by INT Express, regardless of whether the shipper requested or had knowledge of such third party delivery arrangement;
ii) the nature of the shipment or any defect, characteristic or inherent vice hereof;
iii) electrical or magnetic injury erasure, or any other such damage to electronic or photographic images or recordings in any form.

INT EXPRESS SHALL NOT BE LIABLE, IN ANY EVENT, FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER INDIRECT LOSS, HOWEVER ARISING, WHETHER OR NOT INT EXPRESS HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO, LOSS OF INCOME, PROFIT, INTEREST, UTILITY OR LOSS OF MARKET.

14. Right of Inspection of Shipment
INT Express has the right, but not the obligation, to inspect any shipment including, without limitation, opening the shipment.

15. Lien on Goods Shipped
INT Express shall have a lien on any goods shipped for all freight charges, customs duties, advances or any other charges of any kind, arising out of the transportation hereunder and may refuse to surrender possession of the goods until such charges are paid.

16. Materials Not Acceptable for Transport
INT Express will not carry currency, stamps, works of art, negotiable instruments in bear form, jewelry, precious stones, lewd, obscene or pornographic materials, bullion, firearms, explosives, industrial cargos and diamonds, IATA restricted articles including hazardous or combustible materials, antiques, plants, animals, pharmaceuticals, drugs, foodstuffs, liquor, tobacco, perishables, and property, the carriage of which is prohibited by laws, regulations or status of any federal, state or local government of any country from, to or through which the shipment may be carried.

17. Right of Recovering Compensation
INT Express is not an air transport undertaking within the Warsaw Convention of 1929 and subsequent air carriage treatise and legislation and does not act as agent for its customers when consigning goods with a particular airline for onward carriage, and without prejudice to its general right of subjugation hereunder, INT Express shall have the right to recover compensation from any airlines for any loss, damages or expenses which INT Express shall incur itself or which loss, damages or expenses shall have accrued to a customer hereunder.

18. Claim
a) Any claim brought by a customer against INT EXPRESS hereunder must be notified by the customer to an office of INT EXPRESS in writing within ten (10) days for claim of damage and for loss within twenty-one (21) days of the day when the goods were accepted by INT Express for carriage. No claims may be made against INT Express outside this time limit.

We will assume the Shipment was delivered in good condition unless the recipient has noted the damage on our delivery record when he accepted the Shipment. In order for us to consider a claim for damage the contents and the original packaging must be available for inspection.

b) No claim for loss or damage will be entertained until all transportation charges have been paid. The amount of any such claim may not be deducted from any transportation charges owed to INT Express. Accounts with balances over 30 days are not eligible to process claims.

c) The customer is liable for all losses, damages and expenses arising as a result of its failure to comply with its obligations hereunder or as a result of its negligence. While INT Express will use all reasonable endeavors to effect transportation and customs clearance. INT Express will not be liable for any losses, damages, delay, penalties imposed or loss incurred due to failure on the customer. INT Express will also not be liable due to the customer’s goods being impounded by Customs or similar authorities and the customer hereby indemnifies INT Express against any such penalty or loss.

19. Rates and payment
19.1 You agree to pay our charges for the Carriage between the locations specified on the consignment note and any value added taxes for the Carriage within 14 days from the invoice date such charges to be calculated in accordance with the rates applicable to your Shipment as set out in our current tariff/rate card or which have been agreed separately with you. All import duties, value added taxes on goods and all other charges levied on the Shipment shall be payable on delivery. Shipment was sent. Our tariff/rate card may also contain additional payment terms and conditions. We charge, as is the standard, the higher of the actual weight or the Dimensional Weight of the Shipment calculated in accordance with the standard Dimensional Conversion Equation. We reserve the right to charge late fees on all outstanding invoices; accounts with past due invoices may suffer loss of discounts.

19.2 Even if you have given us different payment instructions or you have agreed with the receiver of the Shipment or another third party that they will pay our charges and/or any duties, taxes, assessments, expenses surcharges and fines levied or incurred by us in connection with the Shipment if the receiver or that third party refuses to pay our charges for the Carriage or reimburse us for any of the above costs you agree to pay them within 7 days of us notifying you of the refusal to pay.

19.3 We shall have a general lien on all of your Shipments in our possession at any one time with the right to sell their contents and retain the proceeds instead of any amounts that you may owe us for previously delivered Shipments.

19.4 When using our accounts with other carries for third party billing shipments, you are responsible with all charges. Regardless of dispute or amount charged, you agree to pay the billed amount to you.

20. Law and Jurisdiction
20.1 In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect any other provision of this Contract of Carriage all of which shall remain in force.

20.2 Disputes arising from this Contract of Carriage relating to the amount of moneys owed to us by you shall be subject to the laws in courts of the country in which the subsidiary or affiliate of INT Express, LLC or the independent contractor that accepts your Shipment for Carriage is based. All other disputes arising from the Contract of Carriage shall be subject to the laws of the State of California and the U.S. District Court for the Western District of California shall have exclusive jurisdiction.

I read and understand the INT Terms and Conditions of Carriage.