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1. As used in this contract, (Synergy)
means Synergy Cargo Logistics Inc., and its authorized agents.
2. In tendering the shipment for carriage,
the shipper agrees to these Conditions of Contract, which no agent
or employee of Synergy is authorized to waive or modify. The shipper
also
acknowledges that this bill of lading is non-negotiable and has
been prepared by the shipper or on the shipperís behalf by
Synergy. The conditions of contract of carriage for this shipment
are governed by Synergy's tariffs, available for inspection at Synergy
corporate office. Except to the extent of any written contract between
shipper and Synergy, this document supersedes and
negates any claimed, alleged or asserted oral agreement, promise,
representation or
understanding between the parties with respect to this shipment.
3. Shipper warrants that each package in
this shipment is packaged to protect the enclosed goods and to insure
safe transportation with ordinary care in handling, and that each
package is
appropriately labeled and is in good order for carriage.
4. All shipments may, at Synergy's option,
be opened and inspected, however, Synergy is not
obligated to perform such inspection.
5. Synergy shall not be liable for loss, damage, delay or other
result caused by (1) acts of God,
public enemies, public authorities acting with actual or apparent
authority, authority of law, quarantine, riots, strikes civil commotion,
or hazards or dangers incident to a state of war; (b) the act of
the default of the shipper or consignee, including any breach of
the warranty set forth in paragraph 3; (c) the nature of the shipment,
or any defect, characteristic or inherent vice thereof; (d) violation
by the shipper or consignee of any of these Conditions of Contract;
(e)compliance or non-compliance with delivery or special instructions.
6. Synergy does not guarantee pick up, transportation,
or delivery will occur within a specified date or time, nor shall
Synergy be liable for the consequences of failure to do so.
7. Synergy shall have the right to (a) substitute
alternate carriers or other means of transportation
and (b) select the routing or deviate from that shown on the face
hereof.
8. Synergy SHALL NOT BE LIABLE IN ANY EVENT
FOR ANY SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS,
INCOME, INTEREST, UTILITY, OR LOSS OF MARKET, WHETHER OR NOT Synergy
HAD
KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
9. Unless a greater value is declared on
the reverse, the shipper, consignee and bill to party
agrees and declares that the value of the property is released to
an amount not exceeding a
minimum of $50.00 (dollars U.S.) per shipment or $.0.50 per pound.
(cents U.S.) Includes transborder Mexico shipments. Declared values
for carriage in excess of $0.50 per pound per
piece, shall be subject to an excess valuation charge.
10. Unless each piece of the shipment has
a declared value stated and is specifically identified on the Synergy
bill at the time of shipment, and is so identified on the delivery
receipt as being lost,
damaged, destroyed or otherwise adversely affected at the time of
delivery, Synergy shall be
liable for the average declared value of the shipment, multiplied
by the packaged weight of the piece(s) adversely affected. The average
declared value shall be determined by dividing the
total declared value of the shipment by the total weight of the
shipment. The declared value
amount for each shipment must be inserted on the face of airbill
for this provision to apply.
11. Consignee must note on the delivery receipt,
at the time of delivery, any exceptions to the
shipment that would indicate an overage, shortage, damage or other
discrepancy. The
consignee may not inspect the contents of shipment until the delivery
receipt is signed. A clear delivery receipt shall be evidence of
shipment having received ordinary care in handling. Failure to note
exceptions at the time of delivery will reduce the liability of
Synergy.
12. Collect on Delivery (C.O.D.) Shipper
is responsible for stating amount and type of payment to be collected,
in the appropriate boxes on face of this bill. Synergy does not
guarantee nor verify that a check, money order, cashierís
check or other instrument is valid or negotiable. All
payments collected are at shipperís risk. Unless otherwise
noted on the face of airbill in
Declared Value box, the C.O.D. amount of the shipment will also
be considered as the
declared value for carriage amount, and subject to excess valuation
charge and C.O.D. fee.
13. Claims for loss or damage discovered
by the consignee after delivery and after a clear delivery receipt
has been given to Synergy must be reported in writing to Synergy
within fifteen days after delivery of a shipment, with privilege
to Synergy to inspect the shipment and itís original
container(s) and packing material within fifteen days after receipt
of such notice.
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14. Claims for
loss, damage, or delay must be made in writing and received by Synergy
within 180
days from ship date for visible damage, shortage, pilferage or non-delivery.
For claims involving
concealed loss, pilferage or damage, letter of intent to file claim
must be received within 15 days
of delivery with a formal claim received within 45 days of ship
date.
15. Synergy shall not be liable for loss
or damage occurring after the property has been delivered to
or received by the consignee or shipper, or authorized agent of
either. When directed to unload
or deliver property (or render services) at a place or places at
which the shipper or its agent is
not present, the property shall be at the risk of the shipper, after
unloading or delivery.
16. No claim for loss, damage or delay shall
be entertained until all charges thereon are paid. The
amount of claims may not be deducted from transportation charges.
17. Synergy shall not be liable in any action
unless claim has been filed in accordance with paragraphs 13, and
14 and such action is brought within one year after the date written
notice was given to the claimant that Synergy has disallowed the
claim in full or in part.
18. DANGEROUS GOODS. Any party, directly
or indirectly tendering to Synergy, any explosives or
dangerous goods, or corrosive chemicals, without previous full written
disclosure to Synergy, and
stating nature of goods on face of bill of lading, shall be liable
for and indemnify Synergy against
all loss or damage caused by such goods. Goods may be warehoused
at shipperís risk and
expense, or destroyed without compensation. Cost of disposal will
be to shipper.
19. To the extent that it is not governed
by Federal Law, this Contract and the Tariff incorporated by
reference shall be construed and the performance of the transportation
hereunder shall be determined in accordance with the Laws of California.
If any provision of this Contract is determined to be invalid or
unenforceable, the remainder of the Contract shall not be affected
thereby. All Interstate shipments are governed by 49 U.S.C. Section
14706.
20. Shipper, consignee and bill to party
are jointly and severally liable for all charges related to this
shipment. Charges may be reversed to the responsible parties if
shipment is refused or
payment not made by the originally designated party.
21. Shipper, consignee and bill to party
agree to pay all reasonable legal and/or collection fees
incurred by Synergy in securing payment of all charges related to
this shipment.
22. LIEN NOTICE, The Shipperís failure
to pay billed charges may result in a lien on future
shipment. Synergy shall have a lien on freight in its possession
or on future shipments of freight.
The lien shall be for the total amount owed to Synergy for freightage,
charges for service and
advances due on freight previously delivered upon promise of the
shipper to pay freightage,
charges and advances. The lien shall include billed freight charges,
cost of storage, and
appropriate security for the subsequent shipment held by Synergy.
The lien shall include the
cost of keeping and selling the property, including publication
costs, collection services and
attorneyís fees incurred in order to comply with California
Civil Code Sections 3051.5 and 3052.
The proceeds of the sale shall be applied to the discharge of the
lien. The remainder, if any,
must be paid over to the legal owner of the property. The shipper
shall remain liable for any
deficiency. If Synergy is not paid in full within ten (10) days,
after providing written notice to the
shipper and consignee that their freight is being held pursuant
to a possessory lien, then
Synergy may proceed to sell such property, provided that no sale
of the property may take place for at least thirty-five (35) days
from the date that possession of the property is delivered to
Synergy.
23. LATE PAYMENT PENALTY. In the event that
shipper or third party billing payor does not pay
this invoice within thirty (30) days , a late penalty of 1.5% per
month shall be imposed starting
thirty (30) days after the date of invoice, and accruing until paid.
24. ATTORNEYíS FEES. In the event
that any dispute between Synergy and any other party to the
shipment described on this document, the prevailing party is entitled
to attorneyís fees, litigation and court costs, and collection
of costs. In the event that Synergy exercises a possessory lien,
the shipper, consignor or third party billing payor shall also pay
for Synergyís attorneyís fees
incurred in connection with the possessory lien, even if prior to
litigation.
25. DISCOUNTED RATE. The rate provided to
the customer is a discounted rate, valid for only
thirty (30) days after the date of shipment. Timely payment is a
precondition of this discounted
rate. Failure to pay for this shipment shall result in the full,
non-discounted rate being charged
to the customer. The full, non-discounted rate is 40% more than
the discounted rate.
26. FORUM, JURISDICTION AND VENUE SHALL BE EXCLUSIVELY IN LOS ANGELES
COUNTY, CALIFORNIA FOR ALL PROCEEDINGS. |
