- Shipper agrees that the goods herein described are accepted in apparent good order (except as noted) and in tendering this shipment agrees to the terms and conditions of this waybill.
- Always Express shall not be liable for the transportation of money, bullion, bonds, jewelry, precious stones, valuable papers or other articles of extraordinary value nor for damage to any article improperly packaged to withstand ordinary handling.
- LIMITATION OF
LIABILITY– Always’ liability is limited as specified herein. In general, liability for loss, damage or non-delivery is limited so that shipment will have a declared value of $100 for all shipments unless a greater value is declared hereon and excess valuation charge is paid at the rate of 85¢ per $100 of excess value for the first $5,000. An additional charge of $1.50 per $100 over $5000. In no event will Always be liable for special or consequential damages including but not limited to loss of profit or income. In case of the loss or damage of a shipment with a number orpieces, the value of the shipment will be prorated over the number of pieces.
- Due to the nature of the business, Always cannot guarantee delivery by a stipulated date or by a stipulated time, nor shall we be liable the consequences of the delay, misdelivery or the failure to deliver.
- Written Notice of claim or loss, damage, and non-delivery must be reported by Shipper within 15 days after tendering the shipment for carriage. Claims for concealed damage must be reported within 48 hours of delivery. Claims for loss, damage and/or non-delivery must be filed by Shipper in writing within 30 days after notice of loss.
(No claim for loss or damage to a shipment will be entertained until all transportation charges thereon have been paid. The amount of claim may not be deducted from transportation charges.)
- In the event of International carriage of a shipment hereunder the rules relating to liability established by the Convention for the Unification of Certain Rules relation to International Carriage by Air at Warsaw, Poland on October 12, 1929, shall apply to the carriage insofar as the same governed thereby.
- Receipt by the Consignee of the shipment without written notification of damage under remarks shall be prima facia evidence that the shipment has been delivered in good condition.
- Shipments will be accepted with freight charges to be prepaid by the shipper, to be billed collect to the consignee, or to be paid by
third-partywho is neither the shipper nor the consignee. Always Express holds the shipper ultimately responsible for payment of all freight charges not paid for by either the consignee or the designated third-party.