CARGOSAVE, INC. Airfreight Services Terms and Conditions
1. DEFINITIONS
· Carrier: Refers to Cargosave, Inc., including its agents, affiliates, and subcontractors.
· Shipper: The individual or business entity contracting Cargosave for the transport of goods.
· Consignee: The designated recipient of the cargo.
· Cargo: Goods, parcels, or merchandise accepted by Cargosave for airfreight transport.
2. SCOPE OF SERVICES
Cargosave provides domestic and international airfreight services. Shipments are transported from origin to destination as per the agreement, subject to these terms and any applicable air waybill.
3. DOCUMENTATION REQUIREMENTS
The shipper must provide:
· Accurate air waybill details (SLI or AWB)
· Commercial invoice
· Packing list
· Required export/import permits or certificates
4. PACKAGING AND LABELING
· Cargo must be properly packed and labeled for air transport.
· Cargosave is not liable for damage due to insufficient or improper packaging.
5. PROHIBITED AND RESTRICTED GOODS
The following require prior approval or may be restricted:
· Hazardous materials
· Perishables
· Currency, precious metals
· Live animals
· Lithium batteries or electronic devices containing them
It is the shipper's responsibility to ensure compliance with all relevant regulations.
6. CUSTOMS CLEARANCE
· Cargosave may act as an agent for customs purposes but assumes no responsibility for delays, confiscations, or penalties arising from incorrect declarations.
· All duties, taxes, and clearance fees are payable by the shipper or consignee unless otherwise agreed.
7. DELIVERY AND TRANSIT TIMES
· Transit times are estimates. Cargosave will make reasonable efforts to meet delivery schedules but is not liable for delays caused by weather, customs, strikes, or force majeure events.
8. LIABILITY AND CLAIMS
· Cargosave’s liability is limited under the Montreal Convention or applicable local laws.
· Claims for damage, loss, or delay must be submitted in writing within 7 days of delivery or expected delivery date.
· Liability is limited to [insert value] per kilogram unless higher declared value coverage is purchased.
9. CARGO INSURANCE
· Insurance is available upon request and must be arranged before dispatch.
· If insurance is not purchased, Cargosave's liability remains limited as per section 8.
10. PAYMENT TERMS
· All freight charges are due per the agreed invoice terms.
· Late payments may incur interest charges.
· Cargosave reserves the right to withhold cargo until payment is received in full.
11. INSPECTION RIGHTS
Cargosave reserves the right to inspect any shipment without prior notice to ensure compliance with legal, safety, or security regulations.
12. INDEMNIFICATION
The shipper agrees to indemnify and hold Cargosave harmless from any liability arising from violations of export/import laws, inaccurate documentation, or misdeclared cargo.
13. GOVERNING LAW AND JURISDICTION
These terms are governed by the laws of the State of New York. Any disputes shall be subject to the exclusive jurisdiction of the courts of New York.
14. UNCLAIMED CARGO
Any cargo left in Cargosave warehouse for more than 6 months is considered abandoned, Cargosave has the right to dispose of the goods as they see fit.
15. MISCELLANEOUS FEES AND INFOMATION
Please note there is a $65.00 per hour waiting charge after 1 hour waiting at the airline for all exports and imports
All airfreight rates are valid for 15 days from the date of the quote.
Fuel surcharge subject to change anytime
Charges are based on whichever is greater weight or volume of your shipment
All cargo going to Europe is subject to an EU fee ranging from $15 to $24.00
Quotes are only estimates of charges and are subject to change upon any additional information being obtained or shipment parameters changing
Perfume and aerosol cans are considered hazardous material. We must be notified of laptops/batteries in any boxes.
16. AMENDMENTS
Cargosave reserves the right to update or modify these terms at any time. The current version will be available at: www.cargosave.com
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Company Contact Information:
Cargosave, Inc. 179-14 149th Road, Suite 202 Jamaica, NY 11434 Email: paul@cargosave.com Website: www.cargosave.com
NOTICE CONCERNING CARRIERS' LIMITATION OF LIABILITY
If the carriage Involves an ultimate destination or stop In a country other than the country of departure, the Montreal Convention or the Warsaw Convention may be applicable to the liability of the Carrier in respect of loss of, damage or delay to cargo. Carrier's limitation of liability in accordance with those Conventions shall be as set forth In subparagraph 4 unless a higher value Is declared.
CONDITIONS OF CONTRACT
1. In this contract and the Notices appearing hereon:
CARRIER Includes the air carrier Issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.
SPECIAL DRAWING RIGHT (SDR) is a Special Drawing Right as defined by the International Monetary Fund.
WARSAW CONVENTION means whichever of the following Instruments Is applicable to the contract of carriage:
the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at , 12 October 1929;
that Convention as amended at on 28 September 1955;
that Convention as amended at 1955 and by Protocol No. 1, 2, or 4 (1975) as the case may be.
MONTREAL CONVENTION means the Convention for the Unification of Certain Rules for International Carriage by Air, done at on 28 May 1999.
2. /2.1 Carriage Is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not "international carriage" as defined by the applicable Conventions.
2.2 To the extent not In conflict with the foregoing, carriage and other related services performed by each Carrier are subject to:
2.2.1 applicable laws and government regulations;
2.2.2 provisions contained In the air waybill, Carrier's conditions of carriage and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be Inspected at any airports or other cargo sales offices from which It operates regular services. When carriage is to/from the , the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier's conditions of carriage.. The Carrier's conditions of carriage Include, but are not limited to:
2.2.2.1 limits on the Carrier's liability for loss, damage or delay of goods, Including fragile or perishable goods;
2.2.2.2 claims restrictions, Including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or omissions, or those of Its agents;
2.2.2.3 rights, if any, of the Carrier to change the terms of the contract;
2.2.2.4 rules about Carrier's right to refuse to carry;
2.2.2.5 rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting.
3. The agreed stopping places (which may be altered by Carrier In case of necessity) are those places, except the place of departure and place of destination, set forth on the face hereof or shown In Carrier's timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive Carriers Is regarded as a single operation.
4. For carriage to which the Montreal Convention does not apply, Carrier's liability limitation for cargo lost, damaged or delayed shall be 19 SDRs per kilogram unless a greater per kilogram monetary llnlt Is provided in any applicable Convention or In Carrier's tariffs or general conditions of carriage.
5. /5.1 Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with Carrier's tariff, conditions of carriage and related regulations, applicable laws (including national laws Implementing the Warsaw Convention and the Montreal Convention), government regulations, orders and requirements.
5.2 When no part of the consignment Is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.
6. /6.1 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to Increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge If required.
6.2 In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, In accordance with the procedures set forth In Its general conditions of carriage and applicable tariffs, permit shipper to Increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge If so required.
7. /7.1 In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account In determining Carrier's limit of liability shall be only the weight of the package or packages concerned.
7.2 Notwithstanding any other provisions, for a€a,foreign air transportatlona€ as defined by the
U.S. Transportation Code:
7.2.1 In the case of loss of, damage or delay to a shipment, the weight to be used in determining Carrier's limit of liability shall be the weight which Is used to determine the charge for carriage of such shipment; and
7.2.2 in the case of loss of, damage or delay to a part of a shipment, the shipment weight In 7.2.1 shall be prorated to the packages covered by the same air waybill whose value is affected by the loss, damage or delay. The weight applicable In the case of loss or damage to one or more articles In a package shall be the weight of the entire package.
8. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier's agents, employees, and representatives and to any person whose aircraft or equipment is used by Carrier for carriage and such person's agents, employees and representatives.
9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that It deems appropriate or to change or deviate from the routing shown on the face hereof.
10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo as been delivered In good condition and in accordance with the contract of carriage.
10.1 In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made:
10.1.1 In the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo;
10.1.2 In the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery.
10.1.3 in the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill, or If an air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by the Carrier.
Verslon:1.0
10.4 Any rights to damages against Carrier shall be extinguished unless an action is brought wtthin two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
11. Shipper shall comply with all applicable laws and government regulations of any country to or from which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall furnish such Information and attach such documents to the air waybill as may be necessary to comply with such laws and regulations. Carrier is not liable to shipper and shipper shall Indemnify Carrier for loss or expense due to shipper's failure to comply with this provision.
12. No agent, employee or representative of Carrier has authority to alter, modify or waive any provisions of this contract.