Terms & Conditions of Contract
International Carrier's Limitation of Liability
Terms and Conditions of Contract

  1. Pursuant to this contract, UniGroup Worldwide, Inc. ("Unigroup Worldwide") undertakes to arrange for the transportation of the shipment identified on the reverse side hereof from the named origin to the named destination. The transportation will be furnished by a licensed carrier selected by and under contract with UniGroup Worldwide. This contract sets forth the full and complete duties and obligations of UniGroup Worldwide with respect to the consignor, consignee, shipper, any beneficial owners of the subject shipment and any party who acts as an agent of the foregoing.


  2. In tendering the shipment described herein, the shipper agrees to these items and conditions which no agent or employee of the parties may waive or alter and that this shipping document is non-negotiable and has been prepared by shipper or on shipper's behalf. The shipper certifies and represents that the information inserted on the face of this shipping document is complete and accurate. The shipper in this contract means the party from whom the shipment is received, the party to whom the shipment is delivered, the party who requested that the shipment be transported, any party having an interest in the shipment and/or any party who acts as an agent of the foregoing. Except to the extent of any written contract between shipper and UniGroup Worldwide, this shipping document supersedes and negates any claimed, alleged or asserted oral agreement, promise, representation or understanding between the parties with respect to this shipment.


  3. Shipper warrants that each article in this shipment is properly and completely described on this shipping document, is properly marked and addressed, is packaged adequately to protect the enclosed goods to ensure safe transportation with ordinary care in handling and, except as noted hereon, is in good order and condition. For articles shipped in enclosed containers that are adequately packed and marked to ensure safe transportation with ordinary care in handling, UniGroup Worldwide shall not be liable for damages/loss unless mishandling and/or loss is evident and is so noted on the delivery receipt at time of delivery. 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.


    4.  

  4. At the time of delivery, the consignee must note on the delivery receipt any exceptions to the articles shipped that would indicate damage to the contents of the shipment (shortage in the shipment, damage to the containers or possible damage to the contents of the containers). The consignee may not inspect the contents of the shipping containers until the consignee signs for the shipment on the delivery receipt. Such notations as "subject to inspection" and "subject to recount" are not exceptions. If the recipient fails to note discrepancies at time of delivery, we will assume that the articles shipped were delivered in good condition.


  5. UNIGROUP WORLDWIDE 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 UNIGROUP WORLDWIDE HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.



  6. It is agreed that no time is fixed for the completion of carriage hereunder and, UniGroup Worldwide does not guarantee pick up, transportation or delivery by a special date or a special time, and shall not be liable for the consequences of failure to do so.


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  7. Overcharge claims must be received in writing within 270 days after date of acceptance of the shipment by UniGroup Worldwide. All other claims (except concealed loss/damage claims) must be received in writing within 30 days after UniGroup Worldwide delivered the shipment. Concealed loss/damage claims (i.e. claims for loss or damage discovered by the consignee after delivery and after a clear receipt has been given) must be received in writing within 7 days after delivery, or if perishables, verbally within 48 hours, and UniGroup Worldwide must be allowed the privilege to make inspection of the shipment and its container(s) and packaging material(s) at place of delivery.


  8. No claims will be entertained until all transportation charges have been paid. Claims may not be deducted from transportation charges and no claims may be deducted from any charges owed. Legal action to enforce a claim must be brought within one year after the date this Air Waybill was prepared.


    9.  

  9. In consideration of UniGroup Worldwide's rates, shipper agrees that, unless the shipper declares a higher value on this shipping document at the time the shipment is tendered to UniGroup Worldwide and an additional transportation charge as shown on this shipping document has been paid, the value of the shipment shall be, and the total liability of UniGroup Worldwide and its agents shall not exceed, the lesser of:

    A. The actual value of the goods lost or damaged; or

    B.  For domestic air freight shipments, limitations of liability of $.50 per pound, per piece lost or damaged, or $50.00, whichever is greater, unless shipper requests additional declared value prior to pick up (subject to additional charge).                                                                                                                      C.  For all ocean freight shipments and international truck load shipments, in case of any loss or damage to or in connection with Goods exceeding in actual value the equivalent of $500 lawful money of the United States, per package, or in case of Goods not shipped in packages, per shipping unit, the value of the Goods shall be deemed to be $500 per package or per shipping unit.   The Carrier's liability, if any, shall be determined on the basis of a value of $500 per package or per shipping unit or pro rata in case of partial loss or damage unless the nature of the Goods and a valuation higher than $500 per package or per shipping unit shall have been declared by the shipper before shipment and inserted in this Bill of Lading, and extra freight paid if required.  In such case, if the actual value of the Goods per package or per shipping unit shall exceed such declared value, the value shall nevertheless be deemed to be declared value and the Carrier's liability, if any, shall not exceed the declared value and any partial loss or damage shall be adjusted pro rata on the basis of such declared value.  The words "shipping unit" shall mean each physical unit or piece of cargo not shipped in a package, including articles or things of any description whatsoever, except goods shipped in bulk, and irrespective of the weight or measurement unit employed in calculating freight charges.

    Where containers, vans, trailers, transportable tanks, flats, palletized units and other such packages are not packed by the Carrier, each individual such container, van, trailer, transportable tank, palletized unit and other such package including in each instance its contents, shall be deemed a single package and Carrier's liability, limited to $500 with respect to each such package.                                                                                                                                                                               D.  For all international air freight shipments, see International Carrier’s Limitation of Liability.


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  10. If the shipper declares a value higher than 50 cents per pound per piece for the goods shipped, the total liability of UniGroup Worldwide and its agents shall not exceed, the lesser of:

    A. The declared value of the shipment; or

    B. In the case of a partial loss or damage, the average declared value per pound of shipment which is lost or damaged, unless the shipper, at the time the shipment is tendered, declares different values on the pieces which are tendered to UniGroup Worldwide as separate identifiable units by so indicating on this shipping document and specifically and completely describing the contents thereof as to the articles, weights and number of pieces.

    For shipments having a declared value in excess of $50,000.00, UniGroup Worldwide must be contacted for authorization prior to pickup and grant authorization to shipper in writing.


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  11. UniGroup Worldwide shall not be liable for loss, damage, delay or monetary losses 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 war; acts of terrorism; and acts, defaults or omissions of the shipper or consignee for failure to observe the terms and conditions of the contract of carriage contained in this shipping document, including, but not limited, improper packing, marking, incomplete/inaccurate shipping instructions and the rules relating to freight not acceptable for transportation or freight acceptable only under certain conditions as outlined herein.


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


  13. Transportation of the shipment is subject to availability of equipment and space therein. UniGroup Worldwide shall have the right to: a) substitute alternate carriers or other means of transportation; and b.) to select the routing and to deviate from that shown on the face hereof.


  14. This shipment is subject to inspection by UniGroup Worldwide; however, we are not obligated to perform such inspection.


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  15. The shipper and the consignee shall be liable jointly and severally for all unpaid charges payable on account of this shipment pursuant to this contract and to pay or indemnify UniGroup Worldwide for claims, fines, penalties, damages, costs (storage handling, reconsignment, return of freight to shipper, etc.) or other sums which may be incurred by UniGroup Worldwide by reason of any violation of this contract or any other default of the shipper or consignee or their agents. UniGroup Worldwide shall have a lien on any goods shipped for failure to pay for charges payable on account of this shipment pursuant to this contract. UniGroup Worldwide may refuse to surrender possession of the goods until such charges are paid. Should UniGroup Worldwide bring legal action for the enforcement of this contract or collection of any sums due and payable under this contract, UniGroup Worldwide shall be entitle to reasonable attorney's fees and cost.


  16. All invoices not paid with 30 days of invoice date will be subject to a charge of 1 ½ % per month.


  17. Should UniGroup Worldwide successfully defend itself for any legal actions brought by any party with an interest in this shipment, UniGroup Worldwide shall be entitled to reasonable attorney's fees and cost from shipper and/or consignee.


  18. Shipments are subject to security controls by carriers and, where appropriate, by government agencies. Copies of shipping documents will be retained until the shipment is delivered.



  19. In the event that shipment is tendered to UniGroup Worldwide on a straight bill of lading or any other shipping document, the terms and conditions of this Air Waybill will supersede any rules and regulations contained on the shipping document on which the freight was tendered.



  20. Cargo items tendered for air transportation are subject to aviation security controls by air carriers and when appropriate, other government regulations. Copies of all relevant shipping documents showing the cargo's consignee, consignor, description and other relevant data will be retained on file until the cargo completes its air transportation.



  21. If a shipment is unclaimed or cannot be delivered, UniGroup Worldwide will notify the shipper by mail at the address shown on the front of this shipping document. UniGroup Worldwide will dispose of the shipment in accordance with instructions received from the shipper only, subject to these terms and conditions and at the shipper's expense. If no instructions are received within 20 days after the date of mailing such notice, UniGroup Worldwide will dispose of the shipment at public or private sale.


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  22. If a shipper desires special notification when a shipment containing perishable property is delayed in possession of UniGroup Worldwide, threatened with deterioration or unclaimed, or delivery cannot be effected, instructions for such notification must be given on this shipping document. If such instructions are not given or cannot be reasonably compiled with, UniGroup Worldwide will determine the routing or disposition (at public or private sale) of the shipment without a further notice to the shipper or consignee.