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| TERMS AND CONDITIONS |
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Declaring Higher Valuation:
In as much as truckers, carriers, warehousmen and others to whom the goods are entrusted usually limit their liability for loss or damage unless a higher value is declared and a charge based on such higher value is agreed to by said truckers, etc., the Company must receive specific written instructions from the customer to pay such higher charge based on valuation and the trucker, etc. must accept such higher declared value; otherwise the valuation declared by the customer on the goods shall be considered solely for export or customs purpose and the goods will be delivered to the truckers, etc. subject to the limitation of liability set forth herein in paragraph 8 below with respect to any claim against the Company and subject to the provisions of paragraph 2 above.
- Insurance:
The Company will make reasonable efforts to effect marine, fire, theft and other insurance upon the goods only after specific written instructions have been received by the Company in sufficient time prior to shipment from point of origin, and the customer at the same time states specifically the kind and amount of insurance to be placed. The Company does not undertake or warrant that such insurance can or will be placed. Unless the customer has it's own marine policy and instructs the Company to effect insurance under such policy, insurance is to be effected with one or more insurance companies or other underwriters to be selected by the Company. Any insurance placed shall be governed by the certificate or policy issued and will only be effective when accepted by such insurance companies or underwriters should an insurer dispute its liability for any reason, the insured shall have recourse against the insurer only and the Company shall not be under any responsibility or liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rates as that charged or paid to the Company by the customer, or that the shipment was insured under a policy in the name of the Company Insurance premiums an the charge of the Company for arranging the same shall be at the customer's expense. If for any reason the goods are held in warehouse, or elsewhere, the same will not be covered by any insurance, unless the Company receives written instructions from the customer. Unless specifically agreed in writing, the Company assumes no responsibility to effect insurance on any export or import shipment which it does not handle.
- Limitation of Liability for Loss, etc.
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The Customer agrees that the company shall only be liable for any loss, damage, expense or delay to the goods resulting from the negligence or other fault of the Company; such liability shall be limited to an amount equal to the lesser or fifty dollars ($50.00) per entry or shipment or the fee(s) charged for services, provided that, in the case of partial loss, such amount will be adjusted, pro rata;
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Where the Company issues its own bill of lading and receives freight charges as its compensation, customer has the option of paying a special compensation and increasing the limit of the Company's liability up to the shipment actual value; however such option must be exercised by written agreement, entered prior to any covered transaction(s), setting forth the limit of the Company's liability and the compensation received:
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In instances other that in (b) above, unless the customer makes specific written arrangements with the Company to pay special compensation and declare a higher value and the Company agrees in writing, liability is limited to the amount set {forth in (a) above:
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Customer agrees that the Company shall , in no event, be liable for consequential, punitive, statutory or special damages in excess of the monetary limit provided for above.
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