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Terms and Conditions | Aries Freight Systems

CONDITIONS OF CONTRACT

  1. Carriage and other services performed hereunder are subject to these conditions and to the rates, rules and classifications set forth in the Forwarder’s currently effective service conditions, which are available for inspection and are incorporated into this contract by reference. 

  2. As used in this contract, “Forwarder” means ARIES FREIGHT SYSTEMS and its authorized agents. 

  3. In tending the shipment for carriage, the shipper warrants that the shipment is packaged to protect the enclosed goods and to insure safe transportation with ordinary care in handling, and that each package is approximately labeled and is in good order for carriage as specified. 

  4. All shipments may, at Forwarder’s option, be opened and inspected. 

  5. Forwarder shall not be liable for loss, damage, delay, or other results caused by (a) acts of God, public enemies, public authorities acting with an actual or apparent authority, authority of law, quarantine, riots, strikes, civil commotions, or hazards or dangers incident to a state war: (b) the act or default of the shipper or consignee, including any breach of the warranty set forth in Paragraph 3 above: (c) the nature of the shipment or any defect, characteristic or inherit vice thereof;  (d) violation by shipper or consignee of any of these conditions of contract; (e) compliance or non- compliance with delivery or special instructions. 

  6. FORWARDER SHALL NOT BE LIABLE FOR SPECIAL INSIDENTAL, OR CONSEQUENTAL DAMAGE INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF INCOME, WHEATHER OR NOT FORWARDER HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

  7. CARRIER’S LIABILITY IS LIMITED TO .50 CENTS PER POUND PER PIECE ON DOMESTIC TRANSPORT AND 9.07 PER POUND PER PIECE ON INTERNATIONAL TRANSPORT. SPECIAL OR CONSEQUENTAL DAMAGES ARE NOT RECOVERABLE. Unless a different amount is specified by the shipper, the declared value on a C.O.D shipment shall be deemed to be the C.O.D amount.

  8. The shipper and the consignee shall be liable, jointly and severely, (a) for all unpaid charges payable on accounts of a shipment pursuant to this Contract, and (b) to pay or indemnify Forwarder for all claims, fines, penalties, damages, costs or other sums which may be incurred by Forwarder by reason for any violation of this contract or any other default of the shipper or consignee or their agents. 

  9. Forwarder shall have a lien on the shipment for all sums due and payable to the Forwarder. 

  10. In the event of the failure or inability of the consignee to take the delivery of the shipment, Forwarder will notify shipper in writing at the address shown on the air bill and request disposition instructions. If the shipper fails to provide disposition instructions within 30 days after the date of Forwarder’s notice. Forwarder will return the shipment, dispose of the shipment at public or private sale and pay itself out of the proceeds to satisfy the transportation charges owning on the shipment. Any sums collected by Forwarder in excess of such transportation charges will be paid to the shipper. No sale or disposal pursuant to this charge will discharge any liability or lien to any greater extent than the proceeds thereof. The shipper and he consignee shall remain liable, jointly and severally, for any deficiency.

  11. Forwarder will exercise due diligence in routing shipment. In the absence of specific contrary instructions by the shipper on the air bill, Forwarder may divert any shipment to surface transportation in order to expedite its movement. Regardless of the method of transportation employed, the Forwarder’s air freight charges from origin to destination will apply. 

  12. Claims for loss or damage discovered by the consignee after delivery and after a clear receipt has been given to the Forwarder must be reported in writing to Forwarder within 10 days after the delivery of shipment, with privilege to Forwarder to inspect the shipment and its container(s) and packing material within 15 days after receipt of such notice. (On shipments to Puerto Rico and Canada claims must be reported within 7 days after delivery).

  13. Claims of loss or damage must be made in writing within a period of 15 days after the date of acceptance of the shipment by the Forwarder. (On shipments to Puerto Rico and Canada, claims must be made within 120 days).

  14. No Claims with respect to a shipment, any part of which is received by the consignee, will be entertained until all transportation charges have been paid. 

  15. Claims for overcharges or duplicate billings must be made in writing within a period of 90 days after the date of acceptance of the shipment by the Forwarder.

  16. Forwarder shall not be liable in any action unless a claim has been filed and such action is brought within 1 year after the date written notice is given to the claimant that Forwarder has disallowed the claim in full or in part. (On shipments to Canada, action must be brought within 2 years after delivery of shipment). 

  17. International air carriage is subject to the rules relating to the liability established by the convention for the Unification of Certain Rules relation to the International Carriage by Air, signed at Warsaw, October 12, 1929. 

  18. To the extent that it is not governed by Federal law, this Contract and the tariffs incorporated by references shall be construed  and the performance of the transportation hereunder shall be determined in accordance with the laws of the shipment is accepted be the Forwarder. If any provision of this Contract including the tariffs incorporated by reference is determined to be invalid or enforceable, the remainder of the Contract shall not be affected thereby.