WAREHOUSE RECEIPT – TERMS AND CONDITIONS OF CARRIAGE

LIMITATION OF LIABILITIES

Applicability of Warsaw Convention

The rules relating to liability established by the Convention of Certain Rules Relating to International Carriage by Air signed at Warsaw, Poland of October 2, 1929, shall apply to the carriage of shipments internationally insofar as the same is governed thereby.

Provided there is no conflict with the foregoing, international carriage is subject to:

A. – Applicable laws (including national laws implementing the Convention), government regulations, orders and requirements:

B. – Provisions herein set forth:

C. – The NEXT DAY CARGO, INC.’s International Airbill and Bill of Landing: and

D. – Applicable tariffs, rules, conditions of carriage and regulations of NEXT DAY CARGO, INC. which are made part thereof and which may be inspected in any office of NEXT DAY CARGO, INC.  These terms and conditions shall be applicable to NEXT DAY CARGO, INC., its agents and affiliated companies.

 

LOSS, DAMAGE, OR NON-DELIVERY OF SHIPMENT

Expect as otherwise provided herein, NEXT DAY CARGO, INC. is not liable for loss, damages or non – delivery on an international shipment.  All claims shall be limited to those covered by insurance  purchased by Sender and shall not exceed the limits of the insurance Sender purchases.

 

LIABILITY FOR DELAY

Due to nature of the business, NEXT DAY CARGO, INC. will not be liable for failure to pickup or deliver an international shipment by a stipulated time or date.

 

CONSEQUENTIAL, INCIDENTAL & SPECIAL DAMAGES

NOTWITHSTANDING THE FOREGOING, NEXT DAY CARGO, INC. IN NO EVENT SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES WHICH MAY ARISE FROM LOSS, DAMAGE, NON-DELIVERY, MISSED PICK-UP OR DELAYS OF ANY SHIPMENT.  THIS LIMITATION SHALL APPLY TO AND INCLUDE, BUT NOT BE LIMITED TO DAMAGES FOR LOSS OF PROFIT, LOSS OF INCOME, LOSS OF BARGAIN, LOSS OF BUSINESS OR LOSS OF INTEREST.

 

BIDS

If the shipment involves a bid or other similar extremely time-sensitive material, the loss or delay of which might result in consequential, incidental, or special damages, NEXT DAY CARGO, INC. will accept such shipment, but subject to the limitations contained herein.  The shipper should prominently identify such shipment as a bid and or similar document and where possible, call NEXT DAY CARGO, INC.’s attention to the special nature of the shipment.  In view of NEXT DAY CARGO, INC.’s limitations on consequential damages, the shipper is advised to contact its own insurance broker agent or company to obtain coverage against such risk.

NEXT DAY CARGO, INC. will make all reasonable efforts to deliver each shipment to the recipient at the address specified.

 

 

If a shipment is undeliverable the Sender will be notified.  Upon the Sender’s instructions, the shipment will be held for pickup or returned to the Sender.  If the shipment is returned, the Sender will be billed for the applicable return charges.

If no instructions are received from the shipper within 60 days from the date of the shipment, NEXT DAY CARGO, INC. will dispose of the shipment at a private sale.

 

LIABILITIES NOT ASSUMED

NEXT DAY CARGO, INC. shall in no event be liable for any loss, damage, delay misdelivery, non-delivery or missed pickup which is not solely caused by its own acts, omissions or negligence or which is caused by or results from:

1. The acts of the shipper consignee or other party involved with the shipment or to any of their agents or employees.

2.  The inherent nature of the shipment, including defect, perishability or inadequate packing.

3.  Acts of God, including but not limited to inclement weather, which interface with NEXT DAY CARGO, INC.’s ability to accomplish normal transportation.

4.  Hostile or warlike action in time of peace or war, including acts by any government or authority using military or police forces in launching, hindering, combating or defending any actual, impending or expected attack.

5.  Insurrection, rebellion, revolution civil war, insurgency, terroristic action, riot usurped power of any action take by government or other authority in hindering, combating or defending against such occurrence; any seizure or destruction under quarantines or Customs regulation; confiscation by order of any government of authority; or risk of contraband or illegal transportation or trade.

6.  Loss by nuclear explosion, radiation, radioactivity or radioactive contamination of any kind.

7.  Strikes and labor disturbances, including but not limited to any involving NEXT DAY CARGO, INC. shipper or consignee.

8.  Any liability related to loss or damage, misdelivery, non-delivery or delay, involving any item listed as not acceptable.

9.  Compliance with any law, statue, regulation, government order or requirements.

10. Unforeseeable, unlawful or criminal acts of Sender, the receiving party of any other third party.

11. Any other cause beyond NEXT DAY CARGO, INC.’s control.

 

SHIPMENT NOT ACCEPTABLE FOR INTERNATIONAL TRANSPORT

NEXT DAY CARGO, INC. will not accept for transport and if accepted, will not be liable for any of the following goods:

Money, currency, antiques, firearms, plants, explosives, negotiable instruments,  negotiable items of any kind, IATA restricted articles, including hazardous or combustible materials, property which is prohibited by any government of any country from, to or through which the shipment may be carried, and shipments consigned to post office boxes or the equivalent in a foreign language (e.g. P.O. Box 123, Posticus 123, Apartade Postal 123, Casela Postale 123, Boile Postale 123, B.P. Codez 123, Case Postael C.P. (123)). In the event that NEXT DAY CARGO, INC. discovers such items at any point during acceptance, shipment, delivery or storage, NEXT DAY CARGO, INC. shall be entitled to confiscate and dispose of such items as NEXT DAY CARGO, INC. deems appropriate in its sole discretion without notice to Sender or the public.    

 

RIGHT OF INSPECTION

NEXT DAY CARGO, INC. reserves the right to open and inspect packages in transit and to notify the appropriate authorities about contraband, illegal or controlled substances.  By using Next Day Cargo’s services Sender and Consignee agree on all terms and conditions including the revision and inspection of all cargo for shipment and storage as required by the regulations stipulated in the IACSSP of Transportation Security Administration, US Department of Homeland Security. If an Airwaybill or Bill of Landing is issued such document is not valid unless it is signed by an NEXT DAY CARGO, INC. employee.

 

LEGAL ACTION

In the event that Next Day Cargo, in its sole discretion, deems it necessary to retain counsel or bring any legal or quasi-legal action to enforce any provision hereof, Sender and/or consignee is required to reimburse Next Day Cargo for its attorneys’ fees and costs of suit including, without limitation, those incurred during any pre-litigation, arbitration, post-judgment or appellate proceedings.  Venue for any action brought hereunder shall be Broward County, Florida USA.

 

Unless otherwise agreed in writing by Next Day Cargo and the Shipper or Consignee, all invoices are due and payable prior to shipment and are subject to a 1.5% late payment penalty per month, compounded daily on any unpaid amounts.

 

PAYMENT TERMS

Shipments are prepaid unless alternative payment terms are agreed upon, in writing, prior to shipment. Alternative payment terms can be requested in writing by Sender or Consignee, but are permitted solely at NEXT DAY CARGO, INC.’s discretion. If approved by NEXT DAY CARGO, INC., the alternative payment terms will not be valid, effective or permitted until Sender executes all forms and other documents required by NEXT DAY CARGO, INC. and delivers same to NEXT DAY CARGO, INC.  In the event that NEXT DAY CARGO, INC., in its sole discretion agrees to alternative payment terms, payment in full will be due as of the date of any invoice generated by NEXT DAY CARGO, INC.  Any amounts which are not paid in full within thirty (30) days of the date of the corresponding invoice shall be subject to a penalty charge of three (3%) percent per month, calculated and compounded daily, for any portion of any balance which remains unpaid until paid in full and satisfaction of all penalty charges (“Penalty Charges”).  The Penalty Charges shall not be deemed interest as NEXT DAY CARGO, INC. is not a grantor of credit.  The Penalty Charges are assessed as a non-exclusive remedy for breach of any agreement for alternative payment terms. All attorneys’ fees, costs and other legal expenses resulting from any effort by NEXT DAY CARGO, INC.’s collection efforts, storage, disposal of property, liquidation or sale of property, noticing or conducting the liquidation, sale, abandonment or auction of any property shall be sole borne by the Sender and/or Consignee.

 

STORAGE TERMS

Stored merchandise of any kind which is stored at the request of Sender or Consignee, or which is stored, confiscated, held, surrendered, encumbered, held subject to a warehouse or other lien as a result of non-payment, other breach of contract or other grounds stated in this document shall be considered abandoned and will become the property of NEXT DAY CARGO, INC. thirty (30) days after the last payment is received by NEXT DAY CARGO, INC. unless further payment arrangements are made and agreed upon in writing, which are permitted at NEXT DAY CARGO, INC.’s sole discretion.

 

I acknowledge that merchandise received will be delivered to the address on file for the consignee named on each package, unless NEXT DAY CARGO, INC. receives different instructions in writing.

 

I acknowledge that: 1) advances have been made and/or liability has been incurred by NEXT DAY CARGO, INC. including, without limitation, cost of warehousing, in and out, storage costs, air shipment costs, ocean shipment costs, customs consulting costs, contractor fees, dedicated employee fees additional labor fees, local transportation costs and fees, and administration costs for which NEXT DAY CARGO, INC. claims a lien and security interest; 2) all advances and liabilities incurred by NEXT DAY CARGO, INC., notwithstanding whether they are specifically listed herein, are authorized and are sufficient; and 3) the precise amount of advances made or liabilities is unknown to NEXT DAY CARGO, INC. and to its agents at the time of issuance and execution of this WAREHOUSE RECEIPT – TERMS AND CONDITIONS OF CARRIAGE – LIMITATION OF LIABILITIES.

 

THE TERMS AND CONDITIONS OF CARRIAGE – LIMITATION OF LIABILITIES contained in this website which shall constitute a valid and enforceable contract and warehouse receipt which is binding upon the person or entity who is making a request for service from NEXT DAY CARGO, INC. I acknowledge and represent that I have the authority to do so on behalf of the person or entity that is making a request for service from NEXT DAY CARGO, INC.

 

FMC OTI NVOCC No. 017135NF

Upon request, we shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to the charges.

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