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Terms and Conditions
SERVICE BY AIR, INC.
TERMS AND CONDITIONS OF CONTRACT
These Revised Terms and Conditions of Contract are effective
June 9, 2008
and are subject to change without notice.
In tendering the shipment for delivery, the shipper and consignee agree to these TERMS AND CONDITIONS OF CONTRACT and these Terms and Conditions shall supersede all previous Terms and Conditions. These Terms and Conditions shall apply to all shipments unless otherwise required by a federal or state law, rule or regulation applicable to the shipment. No employee or agent of SERVICE BY AIR is authorized to change or modify these Terms and Conditions without the written consent of Joseph Poliseno, Chairman of the Board and President or Karl Zirbes, Executive Vice-President. If there is any conflict or inconsistency between the Conditions of Contract on our Waybill or any other written statements concerning the shipment, the Terms and Conditions contained herein shall control. "Waybill" means any shipping document, manifest, label, stamp, electronic entry or similar items used to tender shipments to SBA for transportation. "SBA", "we", "our" and "us" refer to SERVICE BY AIR, INC. and/or SBA Consolidators, Inc. – Ocean Division, and respective employees, agents and contractors. "You" and "yours" shall refer to the shipper, its employees and agents and to all others with interest in the shipment. For International Shipments "pound(s)" shall be converted to applicable metric weight.
Whenever we refer to a Waybill, a SBA Waybill or any other Bill of Lading, which SBA or SBA Consolidators, Inc. – Ocean Division (any or all herein referred to as SBA) accepts with a shipment, the Terms and Conditions contained herein will supersede any other terms.
GENERAL REQUIREMENTS
1. ADVANCEMENT OF CHARGES
A. Upon request, we will advance charges for cartage, not performed by us. For each Advancement of Charges, a service fee of $1.00 per $100.00 of the advance charge, or fraction thereof will be assessed, subject to a minimum advancement fee of $5.00.
B. We will not advance charges on any shipment on which prepayment of charges is required unless the amount of such advances has been deposited in cash with us.
2. APPLICATION OF CHARGES
A. Except as otherwise provided for herein, transportation charges for a shipment will be assessed on the gross weight of the shipment based on the greater of:
1. the actual weight, or
2. the cubic dimensional weight determined in accordance with Paragraphs (E) and (F) of this rule.
B. Charges will be assessed on the basis of the service shown on the Waybill at the rates in effect on the day of acceptance of the shipment.
C. In computing charges, fractions will be rounded to the next higher cent.
D. Fractions of pounds will be assessed at the charge for the next higher pound. Fractions of kilograms will be rounded up to the next half kilogram.
E. Charges for domestic shipments with overall measurements exceeding 194 cubic inches will be assessed on the basis of one pound per 194 cubic inches or fraction thereof. Cubic measurements will be based on the length, times width, times height of each piece in the shipment.
F. Charges for international shipments with overall measurements exceeding 166 cubic inches will be assessed on the basis of one pound per 166 cubic inches or fraction thereof.
G. All rates and fees are subject to change without notice.
3. CHARGES PREPAID OR COLLECT
A. Shipments will be accepted either with the charges to be prepaid by the shipper or to be collected from the consignee, or when requested by the shipper or the consignee, the charges will be billed to a third party. If the third party should refuse payment for any reason, liability for payment shall revert to the shipper or consignee whichever requested third party billing. The shipper and consignee shall be liable jointly and severally for all unpaid charges payable on account of a shipment.
B. All requests for changes in type of billing after delivery must be accompanied by a guarantee in writing of payment by the new payer and a fee of $10.00 per revision will be assessed. Revisions will not be allowed when a reduction in the original rates occurs as a result of the change.
C. The following shipments must be prepaid by the shipper or billed to a third party:
1. Shipments addressed to United States Government agencies, unless shipped on Government Bill of Lading.
2. Shipments destined to exhibition grounds, parks, fairs or similar enclosures where admission is charged for entrance.
3. Shipments addressed to hotel guests.
4. Shipments addressed to any person and/or organization in care of another person and/or organization.
5. Shipments addressed to political organizations.
4. CHARGES FOR SHIPMENTS CONTAINING OVERSIZED AND UNUSUAL PIECES
A. Subject to advance arrangements, we will accept for transportation, shipments containing oversized pieces, as defined herein, which meet the conditions and limitations enumerated below, and will base the appropriate charges on rating calculations described in paragraph (C).
B. Piece Dimensions:
Shipments containing pieces measuring in excess of 120 inches in length, or 88 inches in width, or otherwise restricted by their height/contour/profile from fitting onto a single standard 88"x125" pallet.
C. Rating Conditions:
1. The charges for shipments containing oversized pieces (defined in Paragraph (B) above) shall be based on the higher of the following calculations:
a) the actual weight of the shipments; or
b) multiplying 4,000 pounds by the total number of pallets used (fully or partially). See (2) below for pallet dimensions.
2. The dimensions of the pallets to be used are:
Width: 88 inches
Length: 125 inches
5. CHECK TO SHIPPER (C.T.S.) SHIPMENTS
–
(also known as Collect On Delivery (C.O.D.) Service
)
A. CHECK TO SHIPPER (C.T.S.) SERVICE
Check to Shipper (C.T.S.) service will be provided only for shipments moving within the United States and Puerto Rico and shall be subject to the following conditions:
1. The amount of the C.T.S. must be entered on the Waybill by the shipper in the space provided.
2. The letters C.T.S. must be legibly and durably marked, by the shipper, on each piece of a C.T.S. shipment. The markings must also show the number of pieces in the shipment.
3. THE FULL AMOUNT OF THE C.T.S. MUST BE PAID BY THE CONSIGNEE'S CHECK MADE PAYABLE TO THE SHIPPER. SBA'S SOLE RESPONSIBILITY SHALL BE TO ACCEPT THE CONSIGNEE'S CHECK AND EXERCISE DUE CARE AND DILIGENCE IN MAILING IT TO THE SHIPPER. THE CHECK WILL BE MAILED TO THE SHIPPER WITHIN TEN (10) BUSINESS DAYS AFTER RECEIPT BY US. WE SHALL HAVE NO RESPONSIBILITY NOR LIABILITY WITH RESPECT TO PAYMENT OF THE CHECK. ALL RISKS RELATED TO CONSIGNEE'S CHECK SHALL BE ASSUMED BY THE SHIPPER, INCLUDING BUT NOT LIMITED TO NON-PAYMENT, FRAUD OR MISREPRESENTATION. OUR CHARGE FOR THE C.T.S. SERVICE OR ANY OTHER CHARGE PAYABLE TO US MUST NOT BE INCLUDED IN THE CONSIGNEE'S CHECK PAYABLE TO THE SHIPPER.
4. Transportation charges, the fee for the C.T.S. service, or any other charges payable by the consignee on delivery shall be made by check payable to us separate from the check payable to the shipper for the C.T.S. amount.
5. The disposition of refused or unclaimed C.T.S. shipments may be arranged for by the shipper in the following manner:
(a) by instructions placed on the Waybill at the time of shipment; or
(b) by written order to us at origin, SBA will then transmit such instructions to destination at the expense of the shipper.
6. C.T.S. shipments refused or unclaimed by the consignee will be held subject to storage charges. If written disposal instructions as prescribed in Paragraph 5(b) are not received by us within thirty (30) days after notice has been given to the shipper that the shipment has been refused or unclaimed by the consignee, such shipments will be returned by us to the shipper at the shipper's expense.
7. A charge of 3% of the C.T.S. amount, or fraction thereof, subject to a minimum charge of $10.00 per shipment will be assessed for obtaining and mailing the consignee's check.
B. SERVICE AREAS WHERE C.T.S./C.O.D. SERVICES ARE NOT AVAILABLE
We will not provide C.T.S./C.O.D. service on the following types of shipments:
1. Shipments requiring prepayment or guarantee of transportation charges.
2. Shipments on which the C.T.S. amount is greater than $50,000.00 (USD).
3. If the C.T.S. amount is less than the transportation charges and C.T.S. fee.
4. Shipments moving via Same Day Service.
5. Shipments of perishable commodities.
6. Shipments to or from points outside the United States.
6.
DANGEROUS GOODS/HAZARDOUS MATERIAL
A. Shipper must call the SBA facility handling the shipment and provide details of the type of Dangerous Goods/Hazardous Material they are proposing to ship with SBA. SBA retains the right to refuse any shipment.
B. Dangerous Goods/Hazardous Material means those commodities, which are transported in accordance with the provisions set forth in the rules and regulations in:
1. Title 49 of the U.S. Code of Federal Regulations ("CFR"), revisions thereto or reissues thereof.
2. The "Dangerous Goods Regulations" published by the International Air Transport Association ("IATA"), revisions thereto or reissues thereof.
3. The International Civil Aviation Organization ("ICAO") "Technical Instructions for the Safe Transport of Dangerous Goods by Air" published by ICAO, revisions thereto or reissues thereof.
4. The "International Maritime Dangerous Goods (IMDG) Code" published by the International Maritime Organization, revisions thereto or reissues thereof.
C. If SBA accepts for transport the shipment, then the shipper must comply with all of the rules and regulations set forth in:
1. Title 49 of the U.S. Code of Federal Regulations ("CFR"), revisions thereto and reissues thereof.
2. The "Dangerous Goods Regulations" published by the International Air Transport Association ("IATA"), revisions thereto and reissues thereof 3. The International Civil Aviation Organization ("ICAO") "Technical instructions for the Safe Transport of Dangerous Goods by Air" published by ICAO, revisions thereto or reissues thereof.
4. The "International Maritime Dangerous Goods (IMDG) Code" published by the International Maritime Organization, revisions thereto or reissues thereof.
D. If the shipment contains Dangerous Goods/Hazardous Material, the shipper shall have the responsibility to so state on the Waybill and shall also submit a signed Shipper's Declaration for Dangerous Goods/Hazardous Materials.
E. Between points in the United States, a minimum charge of $30.00 per shipment will be assessed in addition to all other applicable General Tariff charges.
F. Between all other points not specified in (D) above, the charges for handling and transportation of dangerous goods may vary.
G. Shipper agrees to be in compliance with all State and Federal statutory requirements with respect to shipping Dangerous Goods and/or Hazardous Materials.
7. INSPECTION OF SHIPMENTS
We may, but shall not be obligated to, inspect any shipment. Additionally, shipments may be subject to inspection by:
A. The carrier[s] or their agent[s]
B. Government officials
C. Personnel authorized by the government to inspect shipments.
Pursuant to Transportation Security Administration ("TSA") regulations, all cargo going on passenger aircraft at any step in its transit must be available for inspection. Carriers must refuse to accept for transport on aircraft any items for which the shipping party refuses to consent to the search and inspection process.
8. TSA REGULATIONS
Cargo items tendered for Air Transportation are subject to Aviation Security Controls 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 for at least thirty (30) days. TSA, which has regulatory authority over the transportation industry, has instituted regulations and amendments that govern the movement of cargo. SBA is in full compliance with all applicable TSA regulations and amendments. All shippers for air services must comply with all SBA/TSA requirements. If these requirements are not met then we cannot ensure service levels, for we will have to use alternate means to deliver your shipments. Any questions, please call your local SBA facility, Customer Service Division.
9. LIABILITIES NOT ASSUMED
A. We are not liable to the shipper or to any other person for any mis-delivery, missed pickup, non-delivery, delay, damage or loss of whatever nature arising out of or in connection with the shipment or other services performed by us, unless such damage is proven to have been caused by our negligence and there has been no contributory negligence on the part of the shipper, consignee or other claimant.
B. Without limiting the generality of Paragraph (A), we shall not be liable for any loss, damage, mis-delivery, non-delivery, or other result caused by or resulting in:
1. The act, default or omission of the shipper, consignee or any other party claiming an interest in the shipment.
2. The nature of the shipment or any defect, characteristics or inherent fault thereof.
3. Failure of the shipper or consignee to observe any of the rules contained in this document or including but not limited to, improper or insufficient packing, securing, addressing or marking any shipment, or failure to follow any rule related to shipments not acceptable for transport or shipments accepted only under certain conditions.
4. Acts of God, weather conditions, mechanical delay of aircraft or other equipment failures, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omission of custom officials, authority of law, quarantine, war, riots, strikes or civil commotion.
5. Acts or omissions of any person other than us including delivery instructions from the shipper or consignee complied with by us.
6. We cannot guarantee delivery by a specific time or date and shall not be liable for special or consequential damages due to delay, mis-delivery or non-delivery. Our liability shall be limited to a refund of the shipping charges in the event of a delay.
7. Erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film.
8. The loss of any personal or financial information including, but not limited to, social security numbers, dates of birth, driver's license numbers, credit card numbers and financial account information.
9. Shipments released without obtaining a signature at residential addresses, and at nonresidential addresses if a signature release is on file.
C. Our liability shall in no event exceed that as set forth in the Limitations of Liability provision contained herein.
10. LIABILITY FOR CHARGES AND INDEMNIFICATION
A. The shipper and consignee shall be liable, jointly, and severally, for all unpaid charges payable on account of a shipment including, but not confined to, sums advance or disbursed by us on account of such shipment.
B. The shipper and consignee shall be liable, jointly and severally, to pay or indemnify and hold us harmless for all claims, fines, penalties, damages, costs or other sums which may be incurred, suffered or disbursed for any violation of any of the rules contained herein or any other default of the shipper or such other party with respect to a shipment.
11. LIENS ON SHIPMENTS
We shall have a lien on the shipment for all sums due and payable to us. In the event of non-payment of any sum payable to us, the shipment may be held by us and be subject to storage and/or disposed of at public or private sale, with notice to shipper or consignee, paying us out of the proceeds of such sale all sums due and payable to us including storage charges. The shipper and/or consignee shall continue to be liable for the balance of any unpaid charges payable on account of the shipment.
12. LIMITATIONS OF LIABILITY
A. Our liability for shipments between points in the U.S. and Puerto Rico shall be limited to $.50 per pound multiplied by the number of pounds of each piece(s) of the shipment which may have been lost or damaged (but not less than $50.00 per shipment), or the actual value of such piece(s), whichever is less, plus the amount of any transportation charges relating to such shipment or piece for which we may be liable, unless at the time the shipper tendered the shipment, the shipper made a declaration of declared value for carriage in the space designated on our Waybill, and an additional valuation charge is paid. When such a declaration is made, our liability shall in no event exceed the declared value of the shipment plus applicable freight charges or the amount of loss or damage sustained, whichever is lower.
B. Our liability for international shipments when governed by the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw, October 12, 1929, or that convention as amended, including the Montreal Protocol No. 4 and the Montreal Convention whichever is applicable (collectively the "Warsaw Convention"), shall be limited to 17 special drawing rights per kilogram multiplied by the number of kilograms of each piece(s) of the shipment lost or damaged, or the actual value of such piece(s), whichever is less, plus the amount of any freight charges relating to such shipment, unless at the time the shipper tendered the shipment, the shipper made a declaration of value for carriage in the space designated on our Waybill and an additional valuation charge is paid. In instances when the terms of the Warsaw Convention are not applicable, our liability for loss or damage is limited to 17 Special Drawing Rights, per kilogram, (which are treated as the conversion equivalent of 250 French gold francs), except for ground shipments between points in the United States, Canada and Mexico for which our liability shall be limited to $.50 per pound as outlined in section (12.A.) above.
C. When the shipper makes a declaration of value, a valuation charge of $.60 per $100.00 of valuation will be charged on declared values up to $5,000.00. For increments above $5,000.00, the valuation charge will be $.75 per $100.00 of valuation. Maximum Declared Value SBA will accept on any shipment is $25,000.00 per shipment, unless prior authorization is received from the Director of Loss Prevention or a Corporate Officer.
D. For International Shipments only, the shipper may request insurance and pay the appropriate premium. The amount of the insurance must be recorded in the space designated on the SBA Waybill. If the first two provisions in this paragraph are met, the goods covered by our Waybill will be insured under an open policy. When such insurance is in place our liability shall in no event exceed the insured value or the actual amount of loss or damage, whichever is lower, plus the amount of any freight charges relating to such shipment. The insurance is subject to the terms, conditions and coverage (for which certain risks are excluded) of the open policy, which is available upon request. Maximum insured value SBA will accept on any shipment is $25,000.00, unless prior authorization is received from the Director of Loss Prevention or a Corporate Officer.
E. Notwithstanding Paragraph (A) above, shipments containing the following items of extraordinary high risk are limited to a maximum liability to Service By Air of $50.00 per shipment, plus the amount of any freight charges relating to such shipment:
Architectural Models
Artwork (paintings crated in wood, sculptures, ceramics, statues, etc.)
Automobiles
Bulbs (electrical)
Costumes and costume jewelry
Fur and fur-trimmed articles
Glass, glassware, mirrors and glass tubes
Liquids in bottles
Musical Instruments
Nursery stock and plants
Original Film Products
Original wearing apparel designs
Porcelain
Radio Tubes
Television Tubes
Used Merchandise
Watches, clocks, and chronographs
Our maximum liability for international shipments of the above items is 17 Special Drawing Rights per kilogram, (which are treated as the conversion equivalent of 250 French gold francs), when governed by the Warsaw Convention. In instances when the terms of the Warsaw Convention are not applicable, our maximum liability is limited to 17 Special Drawing Rights, per kilogram, (which are treated as the conversion equivalent of 250 French gold francs), except for ground shipments between points in the United States, Canada and Mexico for which our liability shall be limited to $.50 per pound as outlined in section (12.A.) above.
F. Any declared value in excess of the maximums allowed herein is null and void and the acceptance by us for carriage of any shipment with a declared value in excess of the allowed maximums does not constitute a waiver of these maximums.
G. We shall in no event be liable for any special, incidental or consequential damages, including but not limited to loss of profits or income, whether or not we had knowledge that such damages might be incurred.
13. NOTICE AND DISPOSITION OF PROPERTY
A. When shipments arrive at destination, we will promptly notify the consignee and/or his designated broker if we are not delivering to the consignee.
B. If, at the expiration of the free storage time provided herein, a shipment containing non-perishable property is unclaimed or delivery cannot be effected, we will so notify the shipper and consignee, by mail, at the addresses shown on the Waybill. Upon written instructions from the shipper, we will return the shipment to the shipper, forward or re-consign it, or otherwise dispose of it, all at the shipper's expense.
If no such instructions are received within thirty (30) days after the date of mailing such notice, we will dispose of the shipment at public or private sale.
C. Uncleared Import Shipments held at government warehouses will be recovered only when all costs have been paid in advance.
14. PACKING AND MARKING REQUIREMENTS
A. Shipments must be prepared or packed to insure safe transportation with ordinary care in handling.
B. Any article susceptible to damage by ordinary handling must be adequately protected by proper packing and must be marked or bear appropriate labels.
C. Any article susceptible to damage as a result of any condition which may be encountered in transportation, such as high vibration or high or low temperature variations, high or low atmospheric pressure variations, must be adequately protected by proper packing and any other necessary measures.
D. Each piece must be legibly and durably marked with the name and address of the shipper and consignee. When a container is used repetitively, all old labels, tags markings, etc. must be removed.
E. Pieces with a floor bearing weight in excess of 100 pounds per square foot must be provided with a skid or base, which will reduce the floor bearing weight of 100 pounds or less per square foot. Such skid or base must be furnished by the shipper and included in the gross weight of the piece.
F. Each piece of a C.T.S. shipment must be plainly marked to show that the shipment is C.T.S. The markings must also show the number of pieces in the shipment.
G. Shipments of artwork, original paintings, drawings, etchings, water color paintings, oil paintings and sculptures of any kind, must be packed in wood crates of at least 1/4 inch (.64 centimeters) thickness which completely surround the article being shipped and must be clearly marked as to the nature of the contents.
15. PICKUP AND DELIVERY SERVICE
A. Pickup and/or delivery service will be provided during business hours Monday through Friday. Holiday and weekend pickup and/or delivery service is available at an additional cost.
B. Pickup and/or delivery services will not be provided to or from any address not directly accessible to vehicles or where it is impractical to operate a vehicle.
C. At buildings where our employees are not permitted access to floors above the ground floor.
1. We will pick up shipments only when tendered at the ground floor or receiving dock, and
2. Delivery to the person whose duty it is to receive property for the occupants of such buildings will constitute delivery to the consignee.
D. Loading and unloading incidental to pickup and delivery service will ordinarily be performed by one person. Pickup and delivery service will not be provided for pieces which cannot be handled by one person unless advance arrangements have been made, including, where necessary, the furnishing of additional people and equipment by the shipper or consignee.
E. When vehicles are held for loading or unloading in excess of fifteen (15) minutes, an additional charge will be assessed.
16. PROOF OF DELIVERY
When requested by the shipper or consignee, we will furnish a copy of the Waybill, Bill of Lading signed by the consignee or his agent as proof of delivery. A charge of $5.00 per copy will be assessed for this service, except there will be no charge when the copy is provided in defense of a written claim made against us. There is no charge for verbal proof of delivery.
17. RATES
The rates and charges for services shall be either (i) as provided in the Rate Quote or (ii) as set forth on a Rate Sheet and are subject to change without notice. Additionally, the shipments may be assessed accessorial charges and/or surcharges for additional services not covered in the Rate Quote and/or Rate Sheet. Shipper should contact us for a complete list of accessorial charges, fuel surcharges and/or other surcharges.
18. RE-DELIVERY SERVICE
A shipment which, through no fault of ours, cannot be delivered on the first tender of delivery to the consignee will be returned to our terminal and the consignee will be notified. Re-delivery will be made at an additional charge.
19. ROUTING AND RE-ROUTING
The SBA Global Network Air/Sea/Ground has complete freedom in choosing the means, route and procedure to be followed in handling, transportation and delivery, unless express instructions in writing are received from the customer.
20. SHIPMENTS ACCEPTABLE
Shipments are acceptable for transportation only when the rules and regulations shown herein and all laws, ordinances, and other governmental rules and regulations governing the transportation thereof have been compiled with by the shipper and/or consignee.
21. SHIPMENTS NOT ACCEPTABLE FOR TRANSPORTATION BY SERVICE BY AIR UNLESS AUTHORIZED BY SBA CORPORATE HEADQUARTERS
Antiques
Corpses, cremated or Disinterred remains
Firearms
Gems
Hazardous Waste Materials
Live animals
Marble
Money, currency, bonds, Bills of Exchange, Deeds, Promissory Notes, Negotiable Securities and Stock Certificates
Original manuscripts or electronic media, of which no other copy exists
Packages that are wet, leaking, or emit an odor of any kind
Personal effects
Postage, trading or revenue stamps, stamp collections and coin collections.
Precious metal, including but not limited to, gold, silver or platinum in the form of bullion, jewelry or any other form.
Used furniture or household goods uncrated or unwrapped.
Shipments as classified in 49 CFR Part 100-185 Hazardous Material Regulations of the US et al, with the following hazard class or divisions:
Explosives of class 1 with the following divisions: 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, or known by class name prior to Jan. 1, 1991 as class A, B, C and Blasting agents respectively. Division 1.6 had no applicable hazard class prior to Jan 1, 1991.
Shipment of class 2 with the following division: 2.3 poison gas or IATA toxic gas
Shipments of class 4 with the following divisions: 4.1 flammable solids, 4.2 spontaneously combustible and 4.3, dangerous when wet
Shipments of class 5 with the following division: 5.2, organic peroxide
Shipments of class 6 with the following divisions: 6.1, poison inhalation hazard or poison or IATA toxic substance and 6.2, infectious substances
Shipments of class 7, (radioactive) material
Shipments containing alcohol and/or tobacco, except when to be delivered to licensed dealers.
Shipments from packaging companies (e.g. Mailboxes, etc.)
Shipments not expressly covered by these rules, or which would be likely to cause damage to other shipments, equipment, crew or passengers, the carriage of which is prohibited by law.
Shipments of an inherent nature or defect, which indicates to us that such transportation, could not be furnished by us without loss of or damage to the shipment.
Shipments prohibited by U.S. Federal or State, or foreign countries governing laws, rules and regulations either at origin or destination.
Shipments from unknown shippers for movement on passenger aircraft.
Shipments which require that we obtain a federal, state or local license for their transportation if we have elected not to comply with such license requirements.
22. SHIPMENTS SUBJECT TO ADVANCE ARRANGEMENTS
The following will be accepted for carriage only upon advance arrangements and only when such advance arrangements have been satisfactorily completed.
A. Any shipments having a declared or insured value exceeding $10,000.00.
B. Shipments containing pieces in excess of 125 inches in length or 88 inches in width.
C. Shipments requiring pickup or delivery of pieces which cannot be handled by one individual.
D. Excessive weight or size shipments.
E. Shipments requiring special devices for safe handling.
F. Dangerous Goods as described in Section 7.
23. SHIPMENTS SUBJECT TO DELAY
The following conditions may delay delivery of the shipment to the consignee:
A. If the dimensions of the shipment are too large for available aircraft.
B. If the length of the shipment exceeds 125".
C. Shipments that are improperly packaged or lack proper documentation.
D. Shipments on which the shipper has omitted or provided an incorrect consignee address on the Waybill.
E. Shipments requiring special licenses or consularization filing prior to export.
F. C.T.S. shipments.
G. Shipments difficult to handle, oversized or unwieldy, single pieces in excess of 250 pounds.
H. Shipments containing Dangerous Goods/Hazardous Materials.
I. Shipments not complying with US Department of Transportation, US Department of Homeland Security – Transportation Security Administration (TSA) regulations.
J. Shipments subject to inspection by any legally authorized authority.
24. SHIPMENTS SUBJECT TO SPECIAL CONDITIONS
A. Shipments requiring special devices for safe handling will be accepted only when such special devices are provided and operated by and at the expense of the shipper or consignee.
B. Furs, Dangerous Goods, and items of extraordinary value must not be included in the same shipment with any other article.
25. SIGNATURE SECURITY SERVICE
(Available only for government shipment and only upon request)
A. At the request of the shipper, we will handle shipments under Signature Security Service from the time of acceptance from shipper at origin to the time of delivery to consignee at destination.
B. Signature Security Service shall mean that each employee or our agent shall execute a signed receipt upon accepting custody of the shipment and shall obtain a signed receipt upon relinquishing custody of such shipment to another employee or our agent. On shipments tendered on behalf of the Department of Defense requesting Signature Security Service, we will use the DD Form 1907 issued by the shipper as a signature and tally record.
C. Waybill, Government Bill of Lading, or other shipping documents presented to us must have the statement "Signature Service Requested" entered by the shipper.
D. A charge of $50.00 per shipment will be assessed for Signature Security Service in addition to all other applicable charges.
26. STORAGE AND CHARGES
A. Shipments will be held without charge for three (3) calendar days (excluding the first Saturday, Sunday and Legal Holiday) computed from 8:00 AM the day following notification of shipment being on hand except:
B. After the expiration of such free time, we will continue to hold such shipments for the shipper and consignee, subject to a minimum charge of $1.00 per day per 100 pounds or any fraction thereof, subject to a minimum charge of $50.00 per shipment per day. If such continued holding is not practicable, we will place the shipment in a public warehouse at the expense of the shipper and consignee, subject to a lien for all transportation, storage, delivery, warehousing, and other charges, including handling charges of $1.00 per 100 pounds (45 kilograms) or any fraction thereof, minimum charge of $20.00 per shipment.
C. When the shipment is held by us after the expiration date of such free time, our liability for the shipment will terminate.
D. Shipments will be held for a period of time not to exceed thirty (30) calendar days from the 8:00 AM following the notification of shipment being on hand. At the expiration of thirty (30) calendar days, we will return the shipment or part of the shipment, to the shipper at the shipper's expense, subject to a lien for all charges applicable to the shipment or part of thereof.
E. The provisions of Section 11 shall apply to all shipments, which are stored pursuant to this Rule.
27. THE WAYBILL
A. The shipper shall have the duty to prepare and present a current version of our Waybill for each shipment. Notwithstanding who prepared the Waybill or the originating documentation, it shall conclusively be deemed to have been prepared by the shipper. The Waybill or other shipping document shall be non-negotiable. Each shipment shall be subject to the rules, regulations, rate and charges contained in the Terms, Conditions, Standard Tenders of Service, Tariffs, Rate Quote and/or Rate Sheet in effect on the day of acceptance of such shipment.
B. The Waybill shall be binding upon the shipper, the consignee, any other party with an interest in the shipment, us, and our agents.
C. In tendering the shipment, the shipper and the consignee agree to these Terms and Conditions. No employee, agent or representative of the parties is authorized to modify any of the Terms and Conditions. All Terms and Conditions, including but not limited to Limitations of Liability contained herein, shall apply to our agents and their contracting carriers.
D. If requested, we will provide the shipper with a copy of the Waybill, Bill of Lading, or other non-negotiable shipping document on which the shipment was tendered to us. A minimum charge of $5.00 per copy will be assessed for this service, except there will be no charge when the copy is provided in defense of a written claim.
E. The contents of all shipments must be indicated by accurate description on the Waybill.
F. The number of pieces included in a shipment must be specified on the Waybill.
G. The dimensions and weight of the shipment must be entered on the Waybill by the shipper. If omitted, or entered incorrectly, we reserve the right to measure and weigh the shipment and apply appropriate density and oversize shipment surcharges. Shipments may be re-weighed at origin or destination.
H. If the service level is omitted on our Waybill, it will be rated at the highest applicable rate.
I. The US Department of Transportation, Transportation Security Administration (TSA), which governs the air industry, has instituted regulations and amendments that govern the movement of cargo on air carriers. Service By Air is in full compliance with all applicable TSA regulations and amendments. All shippers for air services must comply with all Service By Air requirements, and TSA regulations and amendments. If these requirements, regulations and amendments are not met, then we cannot ensure service levels, and we will have to use alternate means to transport your shipment(s). Any questions please contact your local Service By Air office, Customer Service Division.
ADDITIONAL REQUIREMENTS FOR INTERNATIONAL SHIPMENTS
1. LETTER OF INSTRUCTION
SBA accepts the SBA standard domestic and international waybill as the Shipper's Letter of Instruction and International Waybill and will prepare any required export documentation from the information shown hereon. For some shipments SBA may act as an agent for the airline, in which case, the airline's tariff applies. The rules relating to the liability established by the Warsaw Convention and any of its subsequent amendments and protocols including the Warsaw Convention (collectively the "Warsaw Convention") shall apply to the international carriage of shipments by air. For all international air shipments, this waybill shall be deemed a waybill within the meaning of the Warsaw Convention. The Warsaw Convention limits our liability to 17 Special Drawing Rights per Kilogram, unless you declare a higher value for carriage or purchase insurance and pay the applicable charges. In instances where Warsaw Convention is not applicable, our liability for loss or damage to shipments is limited to $9.07 per lb or $.50 per lb depending upon the country of destination. If you do not complete all the documents required for carriage, you hereby instruct us, where permitted by law, to complete the documents for you, at our option and at your expense, and to attach them to the Waybill, but we are not obligated to do so. We assume no liability to you or any other person for any loss or expense due to your failure to comply with this provision. You further agree to hold us harmless from and against all claims, damages, liabilities, actions, losses, costs and expenses of any nature whatsoever arising out of your providing to us incomplete, inaccurate or false documentation or your failure to provide required information.
2. ROAD TRANSPORT NOTICE
Shipments transported partly or solely by road, be there an explicit agreement to do so or not, into or from a country that is a party to the Convention on the Contract for International Carriage of Goods by Road (the "CMR") are subject to the terms and conditions of the CMR, notwithstanding any other provisions referred to or in this Waybill to the contrary, except that the higher limitations of liability as set forth in these conditions shall remain applicable as opposed to those set forth in the CMR.
3. OCEAN LIABILITY
The Shipper or his Authorized Agent hereby authorizes the above named Company, in his name and on his behalf, to prepare any export documents, to sign and accept any documents relating to said shipment and forward this shipment in accordance with the conditions of carriage and the tariffs of the carriers employed. The shipper guarantees payment of all collect charges in the event the consignee refuses payment. Hereunder the sole responsibility of the Company is to use reasonable care in the selection of carriers, forwarders, agents and others to whom it may entrust the shipment.
4. C.T.S. (also known as C.O.D.) SERVICE
SBA does not provide C.T.S. (a/k/a C.O.D.) service on international shipments.
5. CUSTOMS CLEARANCE
By giving SBA this shipment, you hereby appoint SBA as your agent solely for performance of customs clearance and certify us as the nominal consignee for the purpose of designating a customs broker to perform customs clearance (unless you specify a customs broker on the front of this Waybill in the box provided) (where available). In some instances, local authorities may require additional documentation confirming our appointment. It is your responsibility to provide proper documentation and confirmation when required. You are responsible for and warrant your compliance with all applicable laws, rules and regulations, including by not limited to customs laws; import, export and re-export laws; and governmental regulations of any country to, from, through, or over which your shipment may be carried. You agree to furnish such information and complete and attach to this Waybill such documents necessary to comply with such laws, rules and regulations. We assume no liability to you or any other persons for any losses or expenses due to your failure to comply with this provision.
You are also responsible for all charges; including transportation charges and all duties, customs assessments, governmental penalties and fines, taxes and our lawyers' fees and legal costs, related to this shipment.
6. EXPORT CONTROL
You authorize SBA to act as forwarding agent for you for export control and customs purposes. You hereby certify that all statements and information contained in the Waybill and any accompanying documents relating to exportation are true and correct. Furthermore, you understand that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements; for violation of any United States Laws or exportation, including but not limited to 13 USC Sec. 305, 22 USC Sec. 401, 18 USC Sec. 1001, and 50 USC App, 2410; or the violation of export laws of other countries.
FILING A CLAIM
1. CLAIMS PROCEDURE
A. GENERAL CONDITIONS
1. Receipt of shipment by the consignee or the consignee's agent without written notification of damage or loss on the delivery receipt and/or delivery manifest will be prima facie evidence that the shipment was delivered in good condition.
2. No claim will be processed by us unless all transportation charges have been paid. The amount of the claim may not be deducted from the transportation charges.
B. TIME LIMITS FOR FILING CLAIMS FOR SHIPMENTS BETWEEN POINTS IN THE UNITED STATES OR PUERTO RICO.
1. Claims for visible damage or shortage must be received in writing within one hundred twenty (120) days from the date of delivery. Claims for non-delivery must be received within one hundred twenty (120) days from the date of the acceptance of the shipment by us.
2. Notification of concealed damage or shortage must be reported within seventy two (72) hours from the date of delivery and a formal written claim must be received within fifteen (15) days from the date of delivery. It is the obligation of the shipper to prepare and package the cargo in such a manner as to protect against concealed damage. If the recipient accepts your package without noting any damage on the delivery record, we will consider the goods delivered in good condition.
3. All merchandise must be retained at the delivery location in the original shipping container with packing materials for a period of fifteen (15) days after we have received notice of any damage or loss, in order that we may make an inspection thereof. Failure of SERVICE BY AIR to inspect will not be considered a waiver of SBA's rights.
C. TIME LIMITS FOR FILING CLAIMS FOR INTERNATIONAL SHIPMENTS
1. Notice for non-delivery of a shipment must be reported in writing to us within one hundred twenty (120) days after the date of the acceptance of the shipment by us.
2. Notice of loss due to damage including shortage, whether discovered at the time of delivery or thereafter, must be reported to us in writing within fourteen (14) days from the date of delivery.
D. DAMAGE OR SHORTAGE CLAIMS
Claims for damages (visible or concealed) or shortages must be made in writing to SERVICE BY AIR, Claims Department, 8801 Bellanca Avenue, Los Angeles, CA 90045.
E. OVERCHARGE CLAIMS
Claims for overcharge or refunds must be made in writing within ninety (90) days to SERVICE BY AIR, 222 Crossways Park Drive, Woodbury, NY, 11797, Accounts Receivable Manager. Copies of all pertinent documents, which substantiate the claim, must accompany all claims.
NOTICE: SERVICE BY AIR, INC. AND SBA CONSOLIDATORS, INC. – OCEAN DIVISION ARE NOT OBLIGATED TO ACT ON ANY CLAIM UNTIL ALL TRANSPORTATION CHARGES ARE PAID IN FULL. CLAIMS MAY NOT BE DEDUCTED FROM TRANSPORTATION CHARGES.