TERMS AND CONDITIONS
NON NEGOTIABLE DOCUMENT- 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 that this waybill is non-negotiable and has been prepared by him/her on his/hers behalf by Marina Packing.
CARRIER TARIFFS GOVERN- It is mutually agreed that the shipment described hereof in apparent good order (except as noted) for carriage as specified herein, subject to governing tariffs in effect as of the date hereof said tariffs are available for inspection by the parties hereto and are hereby incorporated into and made part of this contract.
LIABILITY LIMITS- Declared value is agreed and understood to be not more than $.50 per pound or $50.00 whichever is lesser, unless a higher value is declared herein applicable charges paid thereon. However, certain commodities may be deemed to have lesser value, in which case the value as stated in governing tariffs will apply. Marina Packing’s liability with respect to items covered by this agreement is limited to the declared value of the item(s), the amount of the invoice at the time of loss or damage occurs, or the cost to repair or replace the property whichever is lower. This coverage is in effect only while the item(s) are in the care, custody and control of Marina Packing.
APPLICABLE ROUTING- Marina Packing’s routing applies unless shipper inserts specific routing or carrier.
INDEMNITY- The shipper and consignee shall be liable, jointly and/or separately to pay or indemnify Marina Packing for all claims, fines, penalties, damages, costs or other sums which may be incurred, suffered or disbursed by Marina Packing by reason of any violation of any of the rules contained in applicable tariffs or any other default of the shipper or such other parties with respect to a shipment.
ALL WAYBILLS ARE PAYABLE- at Marina Packing 741 Lairport Street, El Segundo, CA 90245 in U.S. currency. In the event of default, suit for collection will be brought at the home office of Marina Packing.
SHIPPER RESPONSIBILITY- The shipper is responsible for preparing, marking, and labeling his/her shipment.
INSPECTION OF SHIPMENTS- All shipments incurring damage are subject to inspection by Marina Packing, but Marina Packing shall not be obligated to perform such inspections. Marina Packing has the right to perform inspection on any merchandise in Marina Packing’s possession at anytime.
EXCLUSIONS- Marina Packing shall not be liable for loss, damage, delay or other result not caused by its own negligence; or any damage caused by(A) the act, default, or omission of client or any other party who claims an interest in the item(s), or (B) acts of god, perils of the air, public enemies, public authorities, acting with actual or apparent authority in the premises, authority of the law, quarantine, riots, strikes, civil commotions, or hazards or dangers incident to a state of war or undeclared war; (C) The nature of the shipment, or any defect, characteristic or inherent vice thereof; (D) Violation by the shipper or consignee of any of the rules contained in applicable tariffs, including, but not confined to, improper or insufficient packing, securing, marking, or addressing and failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions (only applicable if packed by shipper), or (E) compliance with delivery instructions from the shipper or consignee or noncompliance with special instructions from the shipper or consignee not authorized by applicable tariffs, (F) any claims for damage where such damage recurred in a place where prior damage existed, or where such prior damage was previously repaired or restored, (G) any claims or damages resulting from or to finishes incompletely or inadequately cured or dried, or which were previously broken down from age or abuse.
CONSEQUENTIAL AND SPECIAL DAMAGES- Marina Packing shall not be liable for any consequential or special damages, including but not limited to, loss of profits, interest, or income whether or not Marina Packing had knowledge that such damages might be incurred.
CLAIM TIME LIMITS AND PROCEDURES- All claims including claims for overcharges must be made in writing to Marina Packing within a period of nine months and nine days (120 days if International shipment) after the date of acceptance of the shipment by the originating carrier. Damage and/or loss discovered by the consignee after delivery and after a clear receipt has been given to the carrier must be reported in writing to Marina Packing in El Segundo, CA within 15 days (7 days if International shipment) after acceptance of the freight with privilege to the carrier to make inspection of the shipment and containers within 7 days of receipt of such notice. No carrier shall be liable on any action brought to enforce a claim unless the above provisions have been met by the proper claimant and unless such action is brought within one year after date written notice is given to the claimant that the carrier has disallowed the claim in whole or part. No cargo, loss, or damage claim will be processed until all transportation charges have been paid. The amount of the claim may not be deducted from the transportation charges. Receipt of the shipment by consignee without written notification of damage on the delivery receipt shall be prima facie evidence that a shipment was delivered in good condition except in the case of claims for concealed damage which is not discovered at the time of delivery. Shipper/consignee must keep and make original shipping crates and packing available for inspection by Marina Packing or their agent. All claims require by either shipper or consignee (A) retain all crating and packing material, (B) provide photographs of the damaged item(s) and packing material, (C) notify Marina Packing of any loss or damage within the times specified herein. Suits for loss, damage, injury or delay shall be instituted against Marina Packing no later than two years and one day from the day when written notice is given by Marina Packing to the shipper and consignee that Marina Packing has disallowed the claim or any part or parts of the claim specified in the notice. Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, then Marina Packing shall not be liable for such claim, and such claims will not be paid.
SHIPPER AND CONSIGNEE AGREE- (A) That any suit concerning a default, collection or damage claims will be filed in the county and state of Marina Packing. Shipper and consignee agree to reimburse Marina Packing for any cost incurred by Marina Packing in suits concerning damage or loss claims when Marina Packing is not found liable. (B) To all of the terms and conditions stated in this agreement.