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The Consigner agrees to the following terms and conditions. Such terms and conditions are unchangeable and legally binding. The Clause will go into force as of the date of signature of both the receiver and the sender. The carrier in the consignment note means the registered unit holding the consignment note.
1. Consignment note: The consignment note is nontransferable.
The Consigner guarantees that he or she is the owner of the consigned cargo under the consignment note or the owner’s agent. The Consigner’s fill and signature for the note in the name of cargo owner or cargo owner’s agent implies acceptance and observation of such terms and conditions, and the Consigner will be under relevant legal protection herefrom.
2. Responsibilities and commitments of the Consigner
(1) The Consigner and his or her agent guarantee that the delivered cargo isn’t embargoed by any domestic or foreign transportation department, conforms to the customs, import and export and other related regulations of destination, place of departure, place of transit or flyover place and is within the scope of cargoes accepted by the Carrier;
(2) The cargo shall be properly packed according to the safe transportation requirements for express cargos. If it’s vulnerable, the Consigner shall conduct special packaging treatment or make special statement at the time of delivery, and particularly indicate this in the remark column of the note;
(3) The Consigner must clearly fill or print the Consigner’s and the Recipient’s full name, department, company, address, door plate no., phone no., city and country by round hand Chinese characters (or in English for international mail) on every express cargo list;
(4) The Consigner promises that the Carrier is entitled to give up or reject any article unsuitable for consignment, with real name and value deliberately or unintentionally hidden by the Consigner or prohibited by national explicit order for carry, mail or transport;
(5) The Consigner and his or her agent guarantee the compensation for all losses caused to the Carrier in the circumstance above;
(6) The Consigner and his or her agent promise to pay freight, storage cost and back transport cost upon rejection of the consigned cargo in strict accordance with valid freight rates released by the Carrier;
(7) The Carrier won’t bear any liability for compensation of delay in delivery, damage or loss of any cargo improperly packed or with unclear recipient address or unstated special cargo.
3. Right to inspect the cargo: The Carrier is entitled to inspect the express cargo upon the request of related policy-making department or transportation department or if it thinks such inspection is necessary.
4. Lien of cargo: Before the Consigner or his or her agent pays freight, advance payment, penalty or other payables and provides effective guarantee, the Carrier is entitled to retain the consigned cargo and reserve the legal right to reclaim expenses with the Consigner or his or her agent, and won’t bear any liability for compensation of delay in delivery of consigned cargo for the reason above or any related loss.
5.Exemption clause:
(1) he Carrier won’t be liable for delay in delivery, loss, damage or confiscation caused by force majeure, e.g. war, rebellion, bad weather, airport close, scheduled fight, plane crash, earthquake, fire, flood, debris flow and natural or artificial serious disaster or various circumstances uncontrollable for the Carrier.
(2) The Carrier won’t bear liability for compensation of any indirect or particular loss, including but not limited to the Consigner’s loss on income, profit or interest or loss on actual purpose or market no matter whether the Carrier knows the probable occurrence of such loss or not;
(3) The Carrier won’t be liable for any loss, damage, delay in delivery or error for the reasons as follows:
a. Act, default or negligence of the following parties: the Consigner, the recipient or any other party enjoying certain right and interest on the cargo (inclusive of breach of the Clause) or those beyond the Carrier; customs office or other government department, or any post office, transmitting bank or other entity or person, no matter whether the sender requires third party delivery or knows this or not.
b. Intrinsic or any defect or special or inherent flaw of cargo.
c. Electromagnetic damage, delete or other similar damages of electronic or photographic picture or record in any form.
6. Compensation quota:
For loss or damage of any cargo (inclusive of all documents or parcels under the consignment note), the Carrier shall make compensation according to Warsaw Convention. Max. compensation: USD100 for parcel, USD20 for document (exclusive of commercial purpose or particular value for the Consigner).
7. Actual value of cargo
(1) Actual value of document (exclusive of commercial value) shall accord with the expense for document preparation or average market cost for document reproduction at the local place at that time;
(2) Actual value of parcel (exclusive of commercial value) shall accord with sales price after repair or rework or current local market price;
(3) Actual value of consigned cargo excludes direct or indirect loss of personal right or interest, business interest loss, business interruption, business information loss and money loss.
8. Query and sign-in
(1) Any query must be put forward within 30 days as of the receipt by the Carrier. If no queries are put forward in such period, it will be considered that the Carrier has finished such service and both the recipient and the Consigner have no objection, and no queries will be accepted later;
(2) The Carrier may use dispatch form (receipt) for the recipient’s sign-in, and then it will be considered that the recipient has received the cargo and has no objection, just like the recipient’s direct sign-in on the consignment note.
9.Claims :
(1) Any claim must be put forward to the Consigner within 30 days as of the receipt of cargo by the Carrier (or within 7 days as of the arrival of goods for a received express mail.), and notified to the Carrier in written form, meanwhile, please present the original duplicate of consignment note filled at the time of delivery and original invoice and receipt promising to pay all of transport cost of cargo under the consignment note. A claim can be accepted only if freight payment is promised. If no claims are made in such period, no claims will be accepted because it will be considered that the Carrier has finished the express service according to contract provisions and both the recipient and the Consigner have no objection;
(2) Besides claim for compensation, the Consigner is obliged to go on bearing the freight owed to the Carrier and unentitled to deduct the claimed compensation amount therefrom.
10. Scope of application: (1) All provisions above apply to the Carrier; (2) All contracts signed between the Carrier and the client shall comply with related national laws and local rules and regulations and accept the arbitration of local arbitral body.
11. The Carrier states that it won’t transport the articles as follows: rare live animal, corpse, refrigerated hazardous article, drug, ammunition, corrosive chemical, inflammable and explosive, art treasure, virulent poison, psychotropic substance, antique, stamp, noble metal (gold, silver or rare precious metal), radioactive article, cash and valuable securities, hard liquor, diamond, industrial carbon product, pornographic goods, seed, live plant, virus or bacteria specimen and case specimen, any articles prohibited by national policy or law from carry and transport.
12.The Consigner or his or her agent agrees to settling any dispute with the Carrier through the intermediation of the court at the local place of the Carrier.
13. The recipient’s sign-in on the dispatch form indicating consignment note no. has the legal force the same as that on the consignment note, and both of such sign-ins show that the recipient has properly received the cargo under the consignment note.
14. If the final destination or transit place of the cargo is in another country different from the place of departure, the Warsaw Convention will apply, meanwhile, all other transport clauses generally recognized in the world will apply to the consignment note.
15. For further details, please refer to the Contract and related content.