CONDITIONS OF CONTRACT

Definition of terms used: KLS Air Express, Inc. dba Freight Solution Providers and dba FSP is herein after referred to as FSP.

  1. IN TENDERING THE SHIPMENT FOR CARRIAGE, THE SHIPPER AGREES TO THESE TERMS AND CONDITIONS OF CONTRACT which no agent or employee of the parties may alter and that this FSP airbill is non-negotiable and has been prepared by him or on his behalf by FSP.
  2. The shipper agrees that carriage is subject to terms and conditions of contract stated herein and those terms and conditions which are also stated in the most recent FSP Service Guide, which is available for inspection and incorporated into this contract by reference. Where inconsistent, the terms of the current Service Guide will control.
  3. In tendering the shipment for carriage, the shipper warrants that the shipment is packaged adequately to protect the enclosed goods and to insure safe transportation with ordinary care and handling and that each package is appropriately labeled and in good order (except as noted) for carriage as specified.
  4. When the destination of the shipment is not within the FSP terminal delivery area as listed in the most recent FSP Service Guide, FSP makes no commitment with respect to time of delivery of the shipment.
  5. Declared value and limitation of liability: The liability of FSP is limited to the sum of $50.00 unless a higher value is declared for carriage herein and a greater charge paid at the rate of $3.00 per $100.00 value. When such declaration is made, FSP's liability shall in no event exceed the average declared value per pound/piece of the shipment plus applicable freight charges as stated above or the amount of loss or damage actually sustained, whichever is lower. Shipments containing items of extraordinary value, including but not limited to, drawings, paintings, sculptures, porcelain, ceramics, furs, jewelry, fur trimmed clothing, watches, gems, stones, money, bullion, currency, coins, trading stamps, or other extraordinary valuable items, are limited to a maximum declared value of $500.00. FSP is not liable for loss, damage, delay, mis-delivery, non-delivery or any loss, damage, delay, mis-delivery or non-delivery caused by the act, default or omission of the shipper, consignee, or any other party who claims interest in the shipment, the nature of the shipment or any defect, characteristic or inherent vice thereof; violation by the shipper or consignee of any of the conditions of the contract contained in this airbill or in the FSP Service Guide, including, but not limited to improper or insufficient packing, securing, marking, or addressing, or failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions; acts of God, perils of the air, public enemies, public authorities acting with actual or apparent authority of law, acts or omissions of customs or quarantine officials, riots, strikes, or other local disputes, civil commotions, hazards incident to a state of war, weather conditions or mechanical delay of the aircraft or acts or omissions of any person other than FSP including compliance with delivery instructions from the shipper or consignee. FSP shall not be liable for the loss of articles loaded and sealed in packages by the shipper provided at the time of delivery the package retains its basic integrity. FSP SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME WHETHER OR NOT FSP HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
  6. Claims, written notice of loss due to damage, shortage or delay must be reported by the shipper within 5 days after the delivery of the shipment. Written notice of loss due to non-delivery must be reported by the shipper within 30 days after acceptance of the shipment for carriage. Written notification will be considered to have been made if the shipper calls and notifies the Customer Service Department at 916-373-3353 and as soon as practicable thereafter files a written notification. Documentation of all claims other than overcharge claims must be submitted in writing to FSP within 30 days after the date of acceptance of the shipment by FSP. FSP assumes no liability and expressly rejects any liability for declared value or damage claims unless said claims are a result of damage caused by FSP. Unless Shipper has provided a certification by a licensed and authorized independent company that the equipment is in undamaged and new operating condition when shipped, Shipper and/or recipient shall have the burden of proving that FSP caused the damage claimed. FSP stipulates that all product be inspected and certified in fine operating condition by a licensed authorized independent inspection entity prior to transportation by FSP. FSP will not honor any declared value or damage claims on refurbished equipment. No claim for damage will be entertained until all transportation charges have been paid. The amount of a claim may not be deducted from the transportation charges. Receipt of the shipment by the consignee without written notification of damage on the delivery receipt shall be prima facie evidence that the shipment was delivered in good condition, except that in the case of claims for concealed damage which is not discovered at the time of delivery, the shipper shall notify FSP in writing as promptly as possible after the discovery thereof and in any event no later than 2 days from the date of delivery. The shipper must make the original shipping cartons and packing available for inspection by FSP. Claims for overcharges and refunds must be made in writing to FSP within six (6) months of the billing date. All claims must be filed by the shipper.
  7. 7. 166 DIM factor applies to calculating charges on domestic Expedite, Same Day, Over Night, Two Day, and Three Day service levels, 166 DIM factor applies to International shipments, 200 DIM factor applies to calculating charges on Four Day and Five Day service levels.
  8. All shipments are subject to inspection by FSP, including but not limited to, opening the shipment. However, FSP is not obligated to perform such inspection.
  9. Notwithstanding the shipper's instructions to the contrary, the shipper shall be primarily liable for all costs and expenses related to the shipment of the package, and for costs incurred in either returning the shipment to the shipper or warehousing the shipment pending disposition.
  10. The shipper is required to indicate the type of service requested. In the absence of any instructions, overnight rates and services will apply.
  11. FSP shall have the right to retain in its possession this shipment, or any subsequent shipment by the shipper as security for payment of outstanding shipping charges owed by the shipper to FSP. After thirty (30) days, FSP is empowered by the shipper to sell such goods so held by reasonable commercial means and to apply the proceeds therefrom to the outstanding shipping charges.
  12. By depositing the shipment for carriage or accepting the shipment, the shipper, consignor, and the consignee respectively acknowledge that they are jointly and severally liable for the freight charges incurred thereby. In any action to recover from same the parties are additionally liable for FSP's attorney's fees and costs and interest on the freight charges accruing at the rate of 2% per month. The parties further agree that any litigation pertaining to said fees or to the shipment in any way shall be governed by the laws of the State of California, venue Sacramento County.
  13. FSP reserves the right to report any delinquent account to credit reporting agencies.
  14. Shipper agrees to accept a record of Proof of Delivery (POD) in hard copy or electronic format as elected by FSP.