Terms & Conditions

 

  1. In tendering this shipment, the Shipper agrees to these Terms and Conditions, which no agent or employee of the parties may alter, and that this air bill is NON-NEGOTIABLE and has been prepared by the Shipper or in accordance with the Shipper’s instructions. The Shipper certifies and represents to Advantage Air that the information inserted on the face of this air bill is complete and accurate. It is agreed among the parties involved that the conditions of carriage for this shipment are governed by the rules contained in Advantage Air’s Tariff which is available upon request, and incorporated herein. NOTE: “Shipper” as used herein means the party from whom the shipment is received, the party who requested the shipment be transported, any party having an interest in the shipment, and any party who acts as an agent for any of the above. Except to the extent of any written contract between shipper and Advantage Air, this air bill supersedes and negates any claimed, alleged or asserted contract, promise, representation or understanding between the parties with respect to this shipment.

  1. In the event that this shipment is tendered to Advantage Air on a straight bill of lading or any other shipping document, Advantage Air’s Tariff will supersede any rules and regulations contained on the shipping document on which the freight was tendered.

  1. Shipper warrants that each package in this shipment is properly and completely described on this air bill, is properly marked and addressed, is packaged adequately to protect the enclosed goods and to insure safe transportation with ordinary care in handling, and except as noted, is in good order and condition. For articles shipped in unenclosed containers or that are unpackaged/uncrated. Advantage Air shall not be liable for loss/damage unless carrier negligence is evident and the loss/damage is so noted on the delivery receipt at the time of delivery. Under no circumstances shall Advantage Air be liable for loss and/or damage to external shipping containers of any kind.

  1. At time of delivery, the consignee must note on the delivery receipt any exceptions to the shipping containers that would indicate a shortage in the shipment or damage to the containers. The consignee may not inspect the CONTENTS of the shipping containers until the consignee signs for the shipment on the delivery receipt. NOTE: Such notations as “subject to inspection” and “Subject to recount” are not exceptions. NOTE: A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling.

  1. All claims for loss or damage must be received IN WRITING by Advantage Air and handled in accordance with the time frames set forth in Advantage Air’s Tariff. Advantage Air must be allowed the privilege to make inspection of the shipment and its container(s) and packaging material(s) at the delivery location shown on this air bill. No claim for concealed damage will be honored for glass or glassworks, Plasma Screens, Flat Panel Displays or Projection Televisions. NO CLAIMS WILL BE ENTERTAINED UNTIL ALL TRANSPORTATION CHARGES HAVE BEEN PAID. CLAIMS MAY NOT BE DEDUCTED FROM TRANSPORTATION CHARGES OWED ADVANTAGE AIR.

  1. In consideration of the applicable transportation rates, which, in part, are dependent upon the value of the shipment, the Shipper agrees that the following limitations of liability apply: Domestic Shipments: The liability for loss or damage on all domestic shipments shall be limited to the higher of $50.00 per shipment or $0.50 per pound of cargo lost or damaged plus transportation charges applicable to that part of the shipment lost or damaged, unless at the time of tender, the Shipper declares a higher value and signs in the space designated on the Air Waybill. International Shipments: The liability for loss or damage on international air shipments shall be governed by the rules under the Warsaw Convention. Except as otherwise provided herein, where the Warsaw Convention does not apply, liability for loss or damage on international shipments being transported as part of a continuous movement and moving on a lane segment specified on the Master Air Waybill shall not exceed $9.07 per pound of cargo lost of damaged plus transportation charges applicable to that part of the shipment lost or damaged, unless a higher value is declared at the time of tender. Canadian and Mexican Shipments: The liability for loss or damage on all shipments to Canada or Mexico transported on a through Air Waybill shall be limited to the higher of $50.00 per shipment or $0.50 per pound of cargo lost or damaged plus transportation charged applicable to that part of the shipment lost or damaged, unless at the time of tender, the Shipper declares a higher value and signs in the space designated on the Air Waybill. Declared values for carriage in excess of the foregoing limitations of liability shall be subject to an excess valuation charge. IN NO EVENT SHALL ADVANTAGE AIR’S LIABILITY EXCEED THE ACTUAL INVOICE VALUE OF THE GOODS. MOREOVER, ADVANTAGE AIR SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, INTEREST, UTILITY OR LOSS OF MARKET, WHETHER OR NOT ADVANTAGE AIR HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

  1. Unless each piece of a shipment has a declared value stated and is specifically identified on this air bill at the time the shipment is tendered and is so identified on the delivery receipt as being lost, damaged, destroyed or otherwise adversely affected at time of delivery. Advantage Air shall only be liable for the average declared value of the shipment. The “average declared value” of the shipment shall be determined by first dividing the total declared valued of the shipment by the total weight of the shipment. This figure, multiplied by the packaged weight of the piece(s) adversely affected, shall then establish the amount of Advantage Air’s liability. The total declared value amount must be inserted in the DECLARED VALUE box on the face of this air bill.

  1. Due to the inherent nature of the air freight business, Advantage Air does not guarantee pick up, transportation or delivery by a stipulated date or a stipulated time, no shall Advantage Air be liable for the consequences of failure to do so.

  1. Advantage Air shall not be liable for loss, damage, delay or monetary loss of any type caused by: Acts of God; public authorities acting with actual or apparent authority; strikes; labor disputes; weather; mechanical failures; aircraft failures; civil commotions; acts or omissions of customs or quarantine officials; the nature of the freight or any defects thereof; public enemies; hazards incident to a state of ware; acts of terrorism; and by acts, defaults or omissions of the shipper or consignee for failure to observe the terms and conditions of carriage contained herein, including but not limited to, improper packaging, marking, incomplete/inaccurate shipping instructions, electrical and/or mechanical derangement of or concealed damaged to used computer equipment, and the rules relating to freight not acceptable for transportation or freight acceptable only under certain conditions contained herein or as more specifically set forth in Advantage Air’s Tariff.

  1. In the event of the failure or inability of the consignee to take delivery of a shipment, Advantage Air will notify Shipper in writing at the address shown on this air bill and request disposition instructions. If the Shipper fails to provide disposition instructions within 30 days after the date of Advantage Air’s notice, Advantage Air will return the shipment to the Shipper at Shipper’s expense. If the Shipper fails to accept delivery of a shipment thus returned, Advantage Air may, upon 30 days written notice to Shipper and consignee, dispose of the shipment at public or private sale, and pay itself out of the proceeds of such sale all sums due and payable, including transportation charges, detention and storage fees, attorney’s fees and any other expenses of sale. Any excess proceeds will be remitted to the actual owner of the goods at the time of the sale. No sale or disposal hereunder shall 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. Forty-eight hours after giving written notice to the Shipper, Advantage Air’s liability shall become that of a warehouseman.

  1. The following articles will not be accepted for carriage: shipments requiring prior notification to accomplish delivery; shipments of extreme configuration or requiring special equipment; explosives; bulk; shipments requiring “Protective Security Service” or “Armed Guard Surveillance Service;” coins of any kind; currency; currency equivalents; and negotiable securities. Advantage Air will not be liable for any loss, damage, delay, liabilities or penalties resulting from the transportation of items of artwork (e.g. paintings, sculptures, etc.), original or replicated; antiques; furs; fur clothing; gems or stones (cut or uncut); industrial diamonds; gold or silver; coined concentrates; jewelry (other than costume jewelry); pearls; precious metals; time sensitive written material (e.g. bids, contract proposals, etc. when the declared value exceeds $.50 per pound); household goods and/or personal effects. Unless approved by Advantage Air, in writing, no employee or agent of Advantage Air has any authority to accept such articles or to waive the limitations contained herein.

  1. Rates and charges for this shipment will be based on actual or dimensional weight, whichever is greater.

  1. Collect on Delivery (C.O.D.) service is provided under the following conditions: a) shipper must identify the shipment as a C.O.D. shipment by entering the amount to be collected in the “C.O.D.” Box,” which amount shall be deemed to be the declared value, which if in excess of $.50 per pound, per piece, shall be subject to an excess valuation charge; b) the shipper must specify the type of payment to be received (e.g. check, money order or cashier’s check) on the front of the air bill; and c) Advantage Air and Shipper agree that Advantage Air does not guarantee or verify that a check, money order, cashier’s check or other such financial instrument is valid or negotiable. All payments are at Shipper’s risk. Unless prior arrangements are made, the acceptance of cash by Advantage Air or its agents for payment of freight charges and/or C.O.D. amounts is limited to a maximum of $500.00 per shipment and/or stop. Payments of freight charges and/or C.O.D. amount in excess of $500.00 must be remitted by cashier’s check, certified check, money order or consignee’s check if authorized by the shipper in writing.

  1. Advantage Air shall have the right to a) substitute motor carriage for air as the means of transportation, under which the limitations of liability at paragraph 6 above shall be deemed to be agreed upon in accordance with 49 U.S.C. Section 14706(c)(1)(A); and b) select the routing or deviate from that shown on the face of this air bill.

  1. The shipper and consignee shall be jointly and severally liable for all unpaid charges payable on this shipment pursuant to this air bill and for paying or indemnifying Advantage Air for claims, fines, penalties, damages, costs (storage, handling, reconsignment, return of freight to shipper, etc.) or other sums which may be incurred by Advantage Air by reason of any violation of the terms of this air bill or any other default of the shipper or consignee or their agents. Advantage Air shall have a lien on any goods shipped for failure to pay charges payable on this shipment pursuant to this air bill. Advantage Air may refuse to surrender possession of the goods until such charges are paid. In the event Advantage Air brings legal action to enforce the terms of this air bill or to collect any sums due and payable hereunder, Advantage Air shall be entitle to reasonable attorney’s fees and costs of collection.

  1. On all invoices not paid within 30 days of the invoice date. Advantage Air reserves the right to assess a charge of 1 ½ percent per month.

  1. Shipper and consignee shall indemnify and hold Advantage Air and its agents harmless for loss/damage/delay or any monetary losses which are a result of auxiliary services including but not limited to, local cartage, uncrating, packing and unpacking which are requested by the shipper or consignee or arranged by Advantage Air as a customer service unless such services are actually performed by Advantage Air or its agents. Such indemnification shall extend to the selection by Advantage Air of the providers of the auxiliary services. Auxiliary services are those services performed prior to or subsequent to transportation and which may be billed directly by the provider of the services or by Advantage Air. Providers of auxiliary services are contractors for the shipper or consignee and are not agents of Advantage Air. Under no circumstances shall Advantage Air’s liability for any monetary loss that is the result of any auxiliary services performed by Advantage Air or its agents be greater than the liability contained in this air bill.

  1. In the event a dispute arises out of the terms of this air bill, the parties stipulate and agree that any lawsuit may be venued in the state or federal courts of the State of Wisconsin.