For the avoidance of doubt, the Shipper acknowledges that PO Box (Every Nation Global Enterprises) is a marketing agent of Forex Cargo Cal, Inc ("Forex" or the "Company"). As such, the contract of carriage of goods is exclusively between Forex and the Shipper. By tendering goods and personal effects for shipment via Forex, ("Company"), the Shipper agrees to the terms and conditions stated herein and the declarations of the Shipper made in the Invoice which are incorporated herein by reference. No agent or employee of "Company" or the Shipper may alter these terms and conditions.
1. THE INVOICE
The "Company" Invoice is nonnegotiable and the Shipper acknowledges that it has been prepared by the Shipper or by the "Company" on behalf of the Shipper. The Shipper warrants that it is the owner of the goods transported hereunder, or it is the authorized agent of the owner of the goods, and that it hereby accepts the "Company's" terms and conditions for itself and as agent for and on behalf of any other person having interest in the shipment.
2. SHIPPER'S OBLIGATIONS AND ACKNOWLEDGEMENTS
The Shippers warrants that each article in the shipment is properly described on this invoice and has not been declared by the "Company" to be unacceptable for transport, and that the shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling.
The Shipper hereby acknowledges that the "Company" may abandon and/or release any item consigned by the Shipper to the "Company" which the "Company" has declared to be unacceptable or which the Shipper has undervalued for Customs' purposes or misdescribed hereon, whether intentionally or otherwise, without incurring any liability whatsoever to the Shipper and the Shipper will save and defend, indemnity and hold the "Company" harmless from all claims, damages, lines and expenses arising therefrom.
The Shipper shall be liable for all costs and expenses related to the shipment and for costs incurred in either returning the shipment to the Shipper or warehousing the shipment pending disposition.
Shipper further warrants that the addressee can be found and identified by agents of the company at the point of destination without extreme difficulty. If Company is unable, after exercising due diligence to locate and identify the addressee of the cargo at the address indicated in the cargo box and shipping document, Company shall notify shipper of its inability to find the address. Company shall also notify Shipper of the location of the warehouse where the cargo is deposited. It shall then be the obligation of the Shipper to notify his/her addressee to claim the cargo at Company's designated warehouse. If the addressee does not claim the cargo at Company's designated warehouse within six months from the attempted delivery at the address indicated in the cargo box, Company shall have the right to dispose of the cargo in any manner it deems reasonable to cover its costs.
3. RIGHT OF INSPECTION OF SHIPMENT
The "Company" has the right, but not the obligation, to inspect any shipment including, without limitation, opening the shipment.
4 .LIEN ON GOODS SHIPPED
The "Company" shall have a lien on any goods shipped for all freight charges, customs duties, advances or other charges of any kind arising out of the transportation hereunder and may refuse to surrender possession of the goods until such charges are paid.
In the event any check paid by Shipper to Company pursuant to this contract is returned by the bank unpaid for any reason. Company has the right to hold shipper's cargo until shipper shall have fully paid his/her obligation herein. If full payment has not been received within six months from date of this contract. Company has the right to dispose of shipper's cargo in any manner it deems reasonable to cover Shipper's liabilities under this contract.
5. LIMITATION OF LIABILITY
The liability of the "Company" for any loss or damage to the shipment (which term shall include all goods and effects consigned to the "Company" under this Invoice) is limited to the lesser of:
- US $200 for regular box; $100 for medium box; $50 for bulilit box; or,
- The actual amount of loss or damage to the goods and effects.
6. CONSEQUENTIAL DAMAGES EXCLUDED
The "Company" shall not be liable, in any event, for any consequential or special damages or other indirect loss, however arising whether or not the "Company" had acknowledge that such damages might be incurred, including, nut not limited to, loss of income, profits, interest, utility or loss of market.
7. LIABILITIES NOT ASSUMED
While the "Company" will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules, the "Company" WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR DELAY IN PICKUP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT, REGARDLESS OF THE CAUSE OF SUCH DELAY. Further, the "Company" shall not be liable for any loss, damage, miss-delivery or nondelivery:
- due to act of God, force majeure occurrence or any cause reasonably beyond the control of the "Company", or
- caused by:
- The act, default or omission of the Shipper, the Consignee or any other party who claims an interest in the shipment (including violation of any term or condition hereof), or of any person other than the "Company" or of any Customs or other Government officials or of any Postal Service, forwarder or other entity or person to whom a shipment is tendered by the "Company" for transportation to any location not regularly served by the "Company", regard less of whether the Shipper requested or had knowledge of such third-party delivery arrangement:
- The nature of the shipment or any defect, characteristic, or inherent vice thereof:
- Electrical or magnetic injury, erasure, or other such damage to electronic or photographic images or recordings in any form.
- Value of goods and personal effects not declared in invoice.
8. CLAIMS
- Any claim must be brought by the Shipper and delivered in writing to the office of the "Company" nearest the location at which the shipment was accepted within 30 days of the date of delivery to the destination. No claim may be made against the "Company" outside of that time limit.
- No claim for loss or damage will be entertained until all transportation charges have been paid. The Amount of any such claim may not be deducted from any transportation charges owed the "Company".
- When claims are paid, the "Company" will not reimburse the basic cost of shipment, pick-up and delivery.
9. APPLICABILITY
These terms and conditions shall apply to, and inure to the benefit of the "Company" and its authorized agents and affiliated companies, and their officers, directions and employees.
10. MATERIALS NOT APPLICABLE FOR TRANSPORT
The "Company" will not accept commercial goods (more than a dozen of any kind) and will not carry:
Currency
Precious Metals
Precious Stones
Fire Arms/Ammunitions
Money Orders
Drugs
Explosives/To Guns
Traveler's Check
Perishables
Negotiable instruments in bearer form; Electrical Appliances;
Lewd, obscene, or pornographic materials: Gambling Paraphernalia:
Industrial carbons and diamonds; Communication Equipment and Computers;
Combustible materials; Motor Vehicle parts; Microwave Ovens;
Property the carriage of which is prohibited by law, regulation or statue of any federal, state or local government of any country from, to or through which the shipment may be carried.
11. Any expenses incurred by the "Company" on behalf of Shippers including, but not limited to, taxes, interests, penalties, fines surcharges, duties, etc., arising from nondeclaration or misdeclaration shall be reimbursed or refunded by Shipper upon submission by the "Company" of proper proof or evidence for such expenses. In such an event, the "Company" is entitled to hold, retain or impound the shipment as surety for payment until said refund or reimbursement is fully satisfied.
