Terms of use

TERMS OF USE

Customer agrees to remit payment for all charges in connection with Customer’s use of the Application. If the information provided by Customer about a shipment is incomplete or inaccurate in any way, CARRIER may complete or correct it on Customer’s behalf and adjust the charges accordingly. Customer agrees to pay or reimburse LowShipRate for all Shipment charges, storage charges, duties and taxes owed for services provided by CARRIER on Shippers or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses occurred as a result of customs or failure by Customer or the consignee to provide proper documentation or to obtain a required license or permit and any other expenses that are assessed or incurred in connection with shipments tendered by Customer (collectively, “Additional Charges”). If payment is made by use of a credit card, Customer expressly authorizes LowShipRate to assess the Additional Charges and to obtain payment from Customer of the Additional Charges by use of the credit card.
EXPRESS TERMS AND CONDITIONS OF CARRIAGE
(“Terms and Conditions”)
IMPORTANT NOTICE
When ordering CARRIER’s services you, as “Shipper”, are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that CARRIER accepts the Shipment unless otherwise agreed in writing by an authorized officer of CARRIER.
“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means CARRIER chooses, including air, road or any other carrier. A “waybill” shall include any bill of lading, label produced by CARRIER’s automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment shall be transported on a limited liability basis as provided herein. If Shipper requires greater protection, then Shipment Value Protection may be arranged at an additional cost.
(Please see below for further information). “CARRIER” means any member of the CARRIER Network.
1. Customs, Exports and Imports
CARRIER may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper: (1) complete and transmit (manually or electronically) any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations,(2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver’s import broker or other address upon request by any person who CARRIER believes in its reasonable opinion to be authorized.
2. Unacceptable Shipments
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if: It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization;
No customs declaration is made when required by applicable customs regulations; or
CARRIER decides it cannot transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).
3. Deliveries & Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. If Receiver refuses delivery or to pay for delivery,
or the Shipment is deemed to be unacceptable, or Receiver cannot be reasonably identified or located, CARRIER shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold by CARRIER without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against freight charges, storage charges and related administrative costs incurred by CARRIER, and the balance of the proceeds of a sale to be returned to Shipper.
4. Inspection
CARRIER has the right to open and inspect a Shipment without prior notice to Shipper.
5. Shipment Charges & Billing
CARRIER’s Shipment charges may be based on the higher of customer designated weight, the actual or volumetric weight, or a default weight where appropriate. Any Shipment may be re-weighed and re-measured by CARRIER to confirm this calculation. If the Shipper does not record a weight on the waybill at the time of shipment tender and the shipment is not re-weighed or re-measured, then a default weight will be applied to the shipment. If the shipper fails to indicate both the shipment weight and package type as required on the waybill, then CARRIER may, at its discretion, apply a default weight. Shipper shall pay or reimburse LowShipRate for all Shipment charges, storage charges, duties and taxes owed for services provided by CARRIER or incurred by CARRIER on Shipper’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2.
Claims for overcharges, credits and invoice charges must be made in writing to LowShipRate within fifteen (15) days after the date of acceptance of the shipment by CARRIER. The amount of the overcharge and/or credit claim may not be deducted from transportation charges.
6. CARRIER’s Liability
CARRIER’s liability is strictly limited to direct loss only and to the per kg/lb. limits in this Section 6. If Shipper regards these limits as insufficient it must make a special declaration of value and request Shipment Value Protection as described in section 8 (Shipment Value Protection) or make its own insurance arrangements. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to CARRIER’s attention before or after acceptance of the Shipment since special risks can be insured by Shipper. If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. CARRIER’s liability in respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not ex ceed the greater of;
$US 100; or
For certain international Shipments in which the Warsaw Convention applies, approximately $US 20.00/kg. or
$US 9.07/lb., depending on the applicable law; or
7. Claims
Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith. Claims must be submitted in writing to {0} and CARRIER within fifteen (15) days after the delivery of the Shipment. Claims for failure to make delivery must be submitted in writing within
fifteen (15) days after a reasonable time for delivery has elapsed. Written notice of concealed loss or damage must be given to {1} and CARRIER within fifteen (15) days after the delivery of the Shipment. Claims and notices shall be submitted to {2}. Suit for loss of or damage to a Shipment must be instituted against CARRIER no later than two (2) years and one (1) day from the date when CARRIER gives written denial of any part of the claim. All of the original shipping cartons, packing and contents must be made available for CARRIER’s inspection and retained until the claim is concluded. {3} and CARRIER are not obligated to act on any claim until all transportation charges have been paid. All claims for international shipments must be submitted in writing to LowShipRate and CARRIER within fifteen (15) days from the date that CARRIER accepted the Shipment, failing which LowShipRate shall have no liability whatsoever. All claims for domestic U.S. shipments must be submitted in writing to LowShipRate and CARRIER within fifteen (15) days from the date that CARRIER accepted the Shipment, failing which CARRIER shall have no liability whatsoever. All of the original shipping cartons, packing and contents must be made available for CARRIER’s inspection and retained until the claim is concluded. LowShipRate and CARRIER are not obligated to act on any claim until all transportation charges have been
paid.
8. Shipment Value Protection$US 10.00/kg. or $US 4.54/lb. for Shipments transported by road (not applicable to the US). If the Shipment has an actual value greater than the liability limits listed in Section 5, CARRIER can arrange Shipment Value Protection for Shipper covering the actual cash value with respect to loss of or physical damage to the Shipment, subject to Section 9 herein, provided Shipper completes the Shipment Value Protection section on the front of the Ground Waybill or requests it via CARRIER’s automated systems and pays the applicable excess value charge. Shipment Value Protection does not cover consequential damages or indirect loss or damage, or any loss or damage caused by delays. If Shipper does not request Shipment Value Protection and pay the appropriate charge, Shipper assumes all risks of loss or damage over the amount of CARRIER’s liability as stated in Section 5.
9. Delayed Shipments
CARRIER will make every reasonable effort to deliver the Shipment according to CARRIER’s regular delivery schedules, but these delivery schedules are not guaranteed and do not form part of the contract. LowShipRate or CARRIER is not liable for any damages or loss caused by delays.
10. Circumstances Beyond CARRIER’s Control
LowShipRate and CARRIER are not liable for any loss or damage arising out of circumstances beyond CARRIER’s control. These include but are not limited to: “Act of God” – e.g. earthquake, cyclone, storm, flood, fog; “Force Majeure” – e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to CARRIER; riot or civil commotion; any act or omission by a person not employed or contracted by CARRIER, e.g. Shipper, Receiver, third party, Customs or other government official; labor strike; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
11. Warsaw Convention
If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, if applicable, governs and in most cases limits CARRIER’s liability for loss or damage.
12. Shipper’s Warranties and Indemnity
Shipper shall indemnify and hold LowShipRate and CARRIER harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s breach of the following warranties and representations:
♣ all information provided by Shipper or its representatives is complete and accurate;
♣ Shipper protected the Shipment against unauthorized interference during preparation, storage and transportation to CARRIER;
♣ the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
♣ all applicable laws and regulations have been complied with;
♣ the waybill has been signed by Shipper’s authorized representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper; and
♣ the materials constituting the Shipment are properly classified, described, packaged, marked and labeled
and are in proper condition for transportation according to the applicable regulations of the DOT and TSA.
Violation of any of these warranties will excuse LowShipRate and CARRIER from any liability whatsoever for
loss of or damage to a Shipment incurred as a result of the violation. Furthermore, Shipper shall be liable to
LowShipRate and CARRIER for all claims, fines, penalties, damages, and costs incurred by or imposed upon
CARRIER as a result of a violation of these warranties.
♣ all information provided by Shipper or its representatives is complete and accurate;
♣ Shipper protected the Shipment against unauthorized interference during preparation, storage and
transportation to CARRIER;
♣ the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care
in handling;
♣ all applicable Customs, import, export and other laws and regulations have been complied with; and
♣ the waybill has been signed by Shipper’s authorized representative and the Terms and Conditions constitute
binding and enforceable obligations of Shipper.
13. Routing
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via
intermediate stopping places which CARRIER deems appropriate.
14. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the
non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment.
15. Severability Law
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.