Stevens Global Logistics, Inc.
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(THESE TERMS AND CONDITIONS OF CONTRACT APPLY TO ALL SHIPMENTS TENDERED TO STEVENS GLOBAL LOGISTICS, INC. VIA WAYBILL, BILL OF LADING, MANIFEST, OR ANY OTHER SHIPPING DOCUMENT OR FORM)
Carriage and other services performed hereunder are subject to these conditions and to the rates, rules and classifications set forth in STEVENS' tariffs, which are available for inspection and incorporated into this Contract by reference. For International Air shipments, this Contract shall be subject to the provisions of the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Oct. 12, 1929, as amended by Protocol No. 4 of Montreal Convention. As used in this Contract "STEVENS" means Stevens Global Logistics, Inc., and its authorized agents. Stevens Global Logistics operates as a Freight Forwarder as authorized by the Federal Motor Carrier Safety Administration. All shipments may, at STEVENS' option, be opened and inspected. STEVENS shall not be liable for any loss, damage, delay, misdelivery, non-delivery or other result not caused by its own negligence. STEVENS shall not be liable for (a) acts of God, public enemies, public authorities acting with actual or apparent authority, authority of law, quarantine, riots, strikes, civil commotions, terrorism, or hazards or dangers incident to a state of war, (b) the actions or non-actions of the shipper or consignee, including any breach of the warranty or violations of third party contracts; or (c) compliance or non-compliance with delivery or special instructions.
STEVENS shall not be liable for special or consequential damages. STEVENS' Domestic shipments, including deferred to Canada and Mexico (air to Canada and Mexico is considered International Air), STEVENS' liability, in absence of a higher declared value for carriage, is limited to the amount of the claim, or $.50 per pound, per piece, of cargo lost, damaged, misdelivered or otherwise adversely affected. Value declared for carriage by the shipper at the time of receipt of the shipment by STEVENS shall be subject to a valuation charge of $.60 per $100 declared, with a $6.00 minimum, for Domestic shipments. This limitation is subject to provisions as published in STEVENS' governing tariffs in effect at the time of this shipment. STEVENS' International Air liability, in the absence of a higher declared value for carriage, is limited to the amount of the claim, or 19 SDRs per kilo, per piece, of cargo lost, damaged, misdelivered or otherwise adversely affected, whichever is greater, and in no event to exceed the actual invoice value of the goods lost or damaged unless cargo moved is via land transit, in which case liability is limited to $.50 per pound. Insurance requested for carriage by the shipper at time of receipt of the shipment by STEVENS is subject to an insurance charge of $.70 per $100 declared, with a $7.00 minimum, for International shipments.
Unless each piece of the shipment has a declared value stated and is specifically identified on the STEVENS Waybill at time of shipment and is so identified on the STEVENS Waybill as being lost, damaged, destroyed, or otherwise adversely affected at time of delivery, STEVENS shall be liable, subject to tariff provisions in effect at the time of the shipment, for the average declared value per pound of the shipment multiplied by the packaged weight of the piece(s) adversely affected. The average declared value per pound of this shipment shall be determined by dividing the total declared value of the shipment by the total weight of the shipment.
The shipper, the consignee and the third party, if applicable, shall be liable, jointly and severally: (a) for all unpaid charges payable on account of a shipment pursuant to this Contract, and (b) to pay or indemnify STEVENS for all claims, fines, penalties, damages, legal expenses, costs or other sums which may be incurred by STEVENS by reason of any violation of this Contract or any other default of the shipper or consignee or their agents.
STEVENS shall have a general lien on the shipment for all sums due and payable to STEVENS.
In the event of the failure or inability of the consignee to take delivery of the shipment, STEVENS will notify shipper in writing at the address shown on the Waybill and request disposition instructions. If the shipper fails to provide disposition instructions within 30 days after the date of STEVENS' notice, STEVENS will return shipment to the shipper at the shipper's expense. If the shipper fails to accept delivery of a shipment thus returned, STEVENS may, upon 30 days written notice to the shipper, dispose of the shipment at public or private sale and pay itself out of the proceeds for any transportation charges owed on the shipment. Any sums collected by STEVENS in excess of such transportation charges will be paid to the shipper. No sale or disposal pursuant to this rule will discharge any liability or lien to any greater extent than the proceeds thereof. The shipper and the consignee shall remain liable, jointly and severally, for any deficiency.
STEVENS will exercise due diligence in routing shipment. In the absence of specific contrary instructions by the shipper on the Waybill, STEVENS can substitute alternate carriers or means of transportation (which would include surface as well as water) and select the routing or deviate from that shown on the reverse side of the Waybill. Regardless of the method of transportation employed; STEVENS' quoted freight charges from origin to destination will apply.
STEVENS Domestic or Canada/Mexico Claims for loss or damage discovered by the consignee after delivery and after a clear receipt has been given to STEVENS must be reported in writing to STEVENS within 24 hours after delivery of the shipment with privilege to STEVENS to inspect the shipment, its container(s) and packing material within 12 days.
International claims for loss or damage discovered by the consignee after delivery and after clear receipt has been given to STEVENS must be reported in writing within 14 days with privilege to STEVENS to inspect the shipment, its container(s) and packing material within 12 days.