NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY
© Expeditors International of Washington, Inc. All rights reserved. / 2016
This notice includes some important terms and conditions for carriage. Additional terms and conditions,
including Def initions, Advances of Funds, Notice of Arrival of Goods, Notice of Claim and other provisions
are included herein by reference to the transport document, copies of which are available on request.
IF THE CARRIAGE INVOLVES AN ULTIMATE DESTINATION OR STOP IN A COUNTRY OTHER THAN THE
COUNTRY OF DEPARTURE, THE WARSAW CONVENTION [AIR] OR THE CARRIAGE OF GOODS BY SEA ACT
[SEA] MAY BE APPLICABLE AND WILL GOVERN AND IN MOST CASES LIMIT THE LIABILITY OF THE CARRIER
IN RESPECT OF LOSS, DAMAGE OR DELAY TO CARGO, UNLESS A HIGHER VALUE IS DECLARED IN ADVANCE
BY THE SHIPPER AND A SUPPLEMENTARY CHARGE PAID IF REQUIRED.
THE WARSAW CONVENTION LIMITS THE LIABILITY OF CARRIER OR AIR FREIGHT FORWARDER TO U.S.
$9.07 PER LB (U.S. $20 Per Kilogram) OR THE EQUIVALENT IN MOST CASES.
OTHER CARRIAGE AND STORAGE IS SUBJECT TO SIMILAR LIMITATIONS. SEE BELOW.
AIR WAYBILLS
(a) Carriage hereunder is subject to the rules relating to liability established by the Convention for
the Unification of Certain Rules relating to International Carriage by air, signed at Warsaw, October
12, 1929 (hereinafter called “the Convention” or “the Warsaw Convention”) or that convention as
amended at The Hague, September 28, 1955, whichever may be applicable, unless such carriage is not
“International Carriage” as defined by the Convention.
(b) To the extent not in conict with the foregoing, carriage hereunder and other services performed
by each Carrier are subject to (i) applicable laws (including naonal laws implemenng the Convenon),
government regulaons, orders and requirements, (ii) provisions herein set forth, and (iii) applicable
taris, rules, condions of carriage, regulaons and metables (but not the mes of departure and arrival
therein) of such Carrier, which are made part hereof and which may be inspected at any of its oces.
(c) Any Carrier’s name may be abbreviated on the face of an Air Waybill, and the full name and
its abbreviation may be set forth in such Carrier’s tariffs, rules, conditions of carriage, regulations or
timetables. The first direct Carrier’s address is the airport of departure shown on the face of an Air
Waybill. The agreed stopping places (which may be altered by Carrier in case of necessity) are those
places, except the place of departure and the place of destination, set forth on the face of an Air Waybill
or shown in Carriers’ timetables as scheduled stopping places for the route. Carriage to be performed
hereunder by several successive Carriers is regarded as a single operation.
2) LIMITATION OF LIABILITY OF CARRIER FOR DOMESTIC CARRIAGE: Except as otherwise provided in
the conditions of carriage, in carriage to which the Warsaw Convention does not apply, Carrier’s liability
shall not exceed U.S. $9.07 per lb (U.S. $20 per kilogram) or the equivalent of goods lost, damaged, or
delayed, unless a higher value is declared by Shipper and a supplementary charge paid.
(3) DECLARATION OF VALUE:
(a) Shipper acknowledges that he has been given an opportunity to make a special declaration
of the value of the goods shipped and that the sum entered on the face of this Shipper’s Letter of
Instructions as “Declared Value For Carriage”, if in excess of U.S. $9.07 per lbs (U.S. $20 per kilogram) or
the equivalent, constitutes such special declaration of value if a supplementary charge has been paid. If
any supplementary charges for declaration of value in excess of $20.00 per kilogram are assessed as a
percentage of the value of the cargo, then such percentage shall be deemed to be of the total value and
not of the excess over $20.00 per kilogram.
(b) If the sum entered on the face of the Shipper’s Leer of Instrucons or on the face of an Air Waybill
as “Declared Value for Carriage” represents an amount in excess of the applicable limits of liability referred
to in the above Noce and in these Condions, and if Shipper has paid any supplementary charge that may
be required by Carrier’s taris, condions of carriage or regulaons, this shall constute special declaraon
of value and in this case Carrier’s limit of liability shall be the sum so declared. Payment of claims shall be
subject to proof of actual damages suered.
(c) For both domestic and international carriages (the latter subject to the Warsaw Convention)
if Shipper does not declare value for carriage, the liability of Carrier is limited to the actual value of
goods lost or damaged up to a maximum of U.S. $9.07 per lb, regardless of the value Shipper declared
for customs.
(4) CARRIER’S LIABILITY FOR DAMAGED GOODS: Except as the Convention or other applicable law may
otherwise require:
(a) Carrier is not liable to Shipper or to any other person for any damage, delay or loss of whatsoever
nature (hereinafter collectively referred to as “damage”) arising out of or in connection with the carriage
of the goods, unless such damage is proved to have been caused by the negligence or willful misconduct
of Carrier and there has been no contributory negligence of Shipper, consignee or other claimant;
(b) Carrier is not liable for any damage directly or indirectly arising out of compliance with laws,
government regulaons, orders, or requirements, or from any cause beyond Carrier’s control;
(c) If the charges for carriage having been based upon the value declared by Shipper, it is agreed
that any liability shall in no event exceed Shipper’s declared value for carriage stated on the face hereof,
and in the absence of such declaration by Shipper, liability of Carrier shall not exceed U.S. $9.07 per lb
(U.S. $20 per kilogram) or the equivalent of goods destroyed, lost, damaged or delayed; all claims shall
be subject to proof of value.
(5) WEIGHT OF GOODS USED FOR ASSESSING DAMAGES: In cases of loss, damage or delay of part of the
consignment, the weight to be taken into account in determining Carrier’s limit of liability shall be only
the weight of the package or packages concerned. Carrier has the right to request supporting evidence
from the shipper to verify the actual weight of the consignment. Notwithstanding any other provisions,
for “foreign air transportation” as defined by the U.S. Federal Aviation Act: 1) in the case of loss of,
damage or delay to a shipment, the weight to be used in determining the carrier’s limit of liability shall be
the weight which is used to determine the carriage of such shipment; and 2) in the case of loss of, damage
or delay to a par t of a shipment, the shipment weight in 1) above shall be prorated to the package covered
by the same air waybill whose value is af fected by the loss, damage or delay. The weight in the case of loss
or damage to an article within a package shall be the weight of the entire package.
(6) AGENTS OF THE CARRIER: Any exclusion or limitation of liability applicable to Carrier shall apply to
and be for the benefit of Carrier’s agents, servants and representatives and any person whose aircraft is
used by Carrier for carriage and its agents, servants and representatives. For purposes of this provision
Carrier acts herein as agent for all such persons.
The goods, or packages said
to contain the goods, described on the face hereof, are accepted for carriage from their receipt at
Carrier’s office or airport terminal at the place of departure to the airport at the place of destination.
If so specifically agreed, the goods, or packages said to contain the goods, described on the face hereof,
are also accepted for forwarding to the airport of departure and for reforwarding beyond the airport of
desnaon. If such forwarding or reforwarding is by carriage operated by Carrier, such carriage shall be
upon the same terms as to liability as set forth in paragraphs 1, 2 and 4 hereof. In any event, the issuing
OCEAN BILLS OF LADING
The ocean bill of lading issued to you by the Carrier transporting your cargo will
contain, or refer to, Laws, Acts and/or Conventions that limit the carrier’s liability for loss of or damage
to your cargo incurred while the cargo is in its custody.
In most cases in which the carrier is liable for loss or damage to your
goods, the carrier’s liability is limited to U.S. $500.00 per package or, for goods not shipped in packages,
per customary freight unit. Higher compensation will be paid only when the shipper declares a higher
value for the goods shipped and so states in the ocean bill of lading and additional freight is paid. In that
case, the amount of the declared value shall be substituted for that limit.
WAREHOUSING
The warehouse endeavors to exercise reasonable care and
diligence in regard to your goods. In the event that the warehouse fails to exercise such reasonable care,
it shall be liable only for such loss or damage caused to the goods that could have been avoided by the
exercise of such care.
In the case of loss or damage that results from the failure of the
warehouse to exercise such care, the amount of liability shall be limited to U.S. $.50 per pound, maximum
$50.00 per lot.
The shipper may increase the warehouse’s
stated liability limits on part or all of the shipper’s goods by making wrien request to the warehouse. Such
request may be made either at the me of the signing of the storage agreement or within a reasonable me
aer the signing of the agreement. The warehouse may, in return for increasing its liability, increase its
storage charges commensurate with its increase in liability.
The warehouse receipt (or contract) contains reasonable provisions asto
the me and manner of presenng claims and instung acons based on claims arising out of the storage
of the shipper’s goods. These provisions will also govern where a suit may be brought.
GENERAL PROVISIONS
When the Shipper or consignee requests insurance, Carrier or forwarder will eect
coverage at Shipper’s expense under its open policy, subject to all of the terms and limitaons thereof. Such
open policy includes the following cargo clauses: (a) all risks, and (b) War, strikes, riots and civil commoons.
No agent, servant or representative of Carrier has
authority to alter, modify or waive any provision of this contract.
Shipper shall comply with all applicable laws,
customs and other government regulations of any country to, from, through or over which the goods may
be carried, including those relating to the packing, carriage, or delivery of the goods, and shall furnish
such information and such documents as may be necessary to comply with such laws and regulations.
Carrier is not liable to Shipper or any other person for loss or expense due to Shipper’s failure to comply
with this provision.
(1) The Carrier shall have a lien on the Goods which shall survive delivery, for all freight,
dead freight demurrage, damages, loss, charges, expenses and any other sums whatsoever payable by
or chargeable to or for the account of the Shipper under this Contract of Carriage and any contract
preliminary hereto and the cost and expenses of recovering the same and may sell Goods privately or
by public auction without notice to the Shipper. If, on sale of the Goods, the proceeds fail to cover the
amount due and the cost and expenses incurred, the Carrier shall be entitled to recover the deficit from
the Shipper. (2) If the Goods are unclaimed during a reasonable time, or whenever in the Carrier’s opinion
the Goods will become deteriorated, decayed, or wor thless, the Carrier may, at his discretion and subjec t
to this lien and without any responsibility attaching to him, sell, abandon, or otherwise dispose of such
Goods solely at the risk and expense of the Shipper.
The acceptance, by the Carrier, of any article, shall not be deemed
to be an acknowledgement that the article is suitable for transportation.
(22) SEVERABILITY OF CONTRACT TERMS: Insofar as any provision contained or referred to herein or
in the applicable Air Waybill, ocean bill of lading or warehouse contract may be contrary to mandatory
law, government regulations, orders, or requirements, such provision shall remain applicable to the
extent that it is not overridden thereby. The invalidity of any provision shall not affect any other part
hereof. Omission of any information from a transport document does not invalidate the document or
the limitations of liability
Carrier and last Carrier, respecvely, in forwarding or reforwarding the goods, shall do so only as agents of
the Shipper, owner, or consignee, as the case may be, and shall not be liable for any damage arising out of
such addional carriage, unless proved to have been caused by its own negligence or willful misconduct.
Shipper, owner and consignee hereby authorize such Carriers to do all things deemed advisable to eect
such forwarding, including, but without limitaon, selecon of the means of forwarding or reforwarding
and the routes thereof (unless these have been herein specied by Shipper), execuon and acceptance
of documents of carriage (which may include provisions excluding or liming liability) and consigning of
goods with no declaraon of value, notwithstanding any declaraon of value in this Shipper’s Leer of
Instrucons or an Air Waybill.
It is agreed that no time is fixed for the completion of carriage
hereunder and that Carrier may without notice substitute alternate Carriers or aircraft. Carrier
assumes no obligation to carry the goods by a specified aircraft or over any particular route or routes or
schedule, and Carrier is hereby authorized to select, or to deviate from, the route or routes of shipment
notwithstanding that the same may be stated on the face hereof or on the face of an air waybill. Shipper
guarantees payment of all charges and advances.
A direction by the Shipper/Consignor that shipment be delivered
“Freight Collect” or “Freight Payable At Destination” is insufficient to relieve the Shipper/Consignor of
liability for unpaid freight charges upon the failure of the consignee to pay the freight charges in the
absence of a written agreement to the contrary between Shipper and Carrier. In the event that consignor
requests that a freight collect shipment be released to consignee free of freight charges, it is understood
that consignor has agreed to pay these charges.
(a) Shipper or pers on entitled to delivery must make a complaint in writing to the Carrier for damage,
loss, delay or non-delivery. Notice of damage must be given, in most instances, within 7 days of receipt.
See Air Waybill for specific terms.
(b) The complaint shall sufficiently describe the goods concerned and contain the approximate date
and details of the damage.
(c) Any rights to damages against Carrier shall be extinguished unless an action is brought within
two years from the date of arrival at the destination, or from the date on which the cargo ought to have
arrived, or from the date on which the transportation stopped.
