Bombino's Contract With You :
On this airway bill "we","our","us" Bombino, refers to Bombino Express Worldwide, Inc.,
their subsidiaries and branches and their respective employees, agents and independent
contractors. "You" and "your" refers to shipper, its employees, principals and agents. When
you tender a shipment to us, you accept our terms for you, the sender and for anyone
who has an expressed interest in the shipment. No one has any authority to chance
arty of our terms or conditions, or make any promises of any inconsistencies that
might exist in any other parrispowaition decumersh accompanying this shipment.
What Shipment means :
A shipment means all documents or parcels that travel under one airway bit not just
any single document or envelope included in a shipment. You certify that the shipment
details are complete and accurate, and that shipment is properly marked, addressed
and packed to ensure safe transportation with ordinary care in handling. You agree
that all shipments may be carried by any means, including air, road or any other
carrier unless you give us specific instructions to the contrary.
International Shipments:
You appoint ,us as your agent to conduct customs entry and clearance and certify
us as your consignee solely for purpose of designating us as your customs
broker to perform customs entry and clearance.
Shipment we do not accept
We do not accept as a shipment anything that is considered a restricted article
or hazardous material by the Department of Transportation (DOT), International Air
Transport Association (IATA), or the International Civil Aviation Organization (ICAO).
Responsibility of payments :
Even if you give us different payment instructions, you will always be primarily
responsible for all charges, and all duties, customs assessment, governmental penalties
and fines, taxes and our attorney fees and legal costs, related to thIS shIpment.You
also, will be responsible for any costs we may incur in returning your shipment
to you or warehousing it pending disposition.
Claims:
If you wish to submit a claim for lost (includes misdeliveroc) or damaged shipments the shipper must
Submit the claim in writing.
-Your claim must be received within 30 days from the date that We accept your
shipment We will not review a claim until shipping and any other related charges
owed have paid to us. Right in Inspect Your shipment may, at out option or at request
of governmental authorities, be opened and inspected by us or such
authorities at any time.
Delayed Shipments :
We will make every effort to deliver your shipment according to our regular delivery
schedules. We are not liable for any delays. even if they are our fault in:
- Picking up a shipment
- Transporting a shipment (int ur dNay caused by diversions)
- Delivering a shipment We reserve the right, withott admitting liability, to refund
transportation charges but a ted to do so.
Circumstances beyond our control : We are not liable if shipment is lost
(includes
misdelivered)
or damaged because of circumstances beyond
our control These circumstances
include: An -Act of God", for example
an earthquake, cyclone, storm or flood.
- 'Force Majeure:for example war, plane crash or embargo - Any defect or characteristics
to do with the nature of shipment, even If known to us when accept it.
- Any action or omission by anyone outside Combine. For example: the sender of
the shipment The receiver, an interested third party, customs or government
officials,The postal service, another carrier or a third party who we contact
to deliver to destinations that we do not serve directly. We are not liable
even if the sender did not ask for or know about third party delivery agreement.
We are also not liable for electrical or magnetic damage to, or erasure
of, electronic or photographic images or recordings. Consequential damages:
We are not liable for the following, whether they arise in contactor aro/other form
Odle* action, including negligence, and even if they are our fault: -Consequential
or special damages or loss
- Other indirect loss
- Breach of other contracts Consequential damages or loss Include, but not
limited to lost: Income, Profit, Interest, Markets, use of contents. Extent
of our liability: Our liability for lost or damaged shipment is limited to the lowest
of these 3 amounts:
- US 510 (or equivalent currency), or
- The actual amount of the loss or damaged, or actual value of the documents or
parcel This does not Include any commercial utility or special value to the shipper
or any other person What 'actual value' means: The lowest
of the following amounts, determined as the time and place we accepted the shipment;
Documents, (meaning any shipment without commercial value):
- The cost of replacing, reconstructing or reconstituting the documents. Parcels,
(meaning any shipment with commercial value):
- The cost of repairing or replacing the parcel, or
- The resale or fair market value of the parcel
The actual value of a parcel cannot be more than original cost to you plus 10 percent.