|
THIS IS A NON-NEGOTIABLE:
ALL SERVICES ARE PROVIDED SUBJECT TO THE FOLLOWING CONDITIONS AND THE SHIPPER ACKNOWLEDGES THAT HE/SHE HAS READ THESE CONDITIONS AND AGREES TO BE BOUND BY EACH OF THEM. CAPITAL EXPORTS INC. LIABILITY IS LIMITED TO USD $100. IN TENDERING THIS SHIPMENT THE SHIPPER AGREES THAT CAPITAL EXPORTS INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE CARRIAGE HEREOF. CAPITAL EXPORTS INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SHIPMENT. INSURANCE COVERAGE IS AVAILABLE UPON SHIPPERS REQUEST AND PAYMENT THEREFORE.
1. In tendering the shipment described herein for carriage, shipper agrees to these Conditions of Contract which no agent or employee of the parties may alter and agrees that this Air Waybill/SLI is non-negotiable and has been prepared by him or on his behalf by Capital Exports Inc.
2. The shipper shall solely be liable for all cost and expenses incurred in either returning the shipment to the shipper or warehousing the shipment pending of disposition.
3. Limitations of Liability: The Liability of Capital Exports Inc. is limited to the lesser of (A) USD $100 (B) The amount of loss or damage to a document actually sustained or (C) The actual amount of loss or damage to a document actually sustained hereof, without regards to its commercial utility or special value to the customer.
4. Actual Value: The actual value of a document (which term shall include any item of no commercial value which is transported hereunder) shall be ascertained by reference to its cost of preparation of replacement reconstruction, or reconstitution value at the time and place of shipment, whichever is less.
5. Consequential Damages Excluded: Capital Exports Inc. shall not be liable, in any event, for any consequential or special damages or other indirect loss, however arising, whether or not Capital Exports Inc. had knowledge that such damage might be incurred, including, but not limited to loss of income, profits, interest utility or loss of market.
6. Liabilities Not Assumed: While Capital Exports Inc. will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules Capital Exports Inc. will not under any circumstance be liable for delays in pickup transportation or delivery of any shipment regardless of the cost of such delay.
|
