1. As used in this Contract, “Forwarder” means Mach 1 Global Services, Inc. and “Carrier” includes the Forwarder and all carriers which transport goods hereunder or perform any other services related to such goods. Carriage to be performed hereunder by several successive carriers shall be deemed a single operation.
2. Carriage and other services to be performed by the Forwarder hereunder are subject to: (a) applicable laws, government regulations, orders and requirements; (b) the provisions set forth in the Contract; and (c) applicable tariffs and regulations of the Forwarder which are incorporated herein by reference and which may be inspected at the Forwarder’s office, on its website, or write Mach 1 Global Services, Inc. at 1530 W. Broadway, Tempe, AZ 85282 for “Rules and Regulations.” No agent, servant or representative of the Forwarder has authority to alter, modify or waive any provision of this Contract. In the event that shipment is tendered to Forwarder on a straight bill of lading or any other shipping document, Forwarder’s rules and regulations will supersede any rules and regulations contained on the shipping document on which the freight was tendered.
3. The shipper and the consignee shall be jointly and severally liable for the payment of all charges and advances. The Forwarder shall have a lien on the shipment for all amounts due and payable to the Forwarder for this shipment and previous Mach 1 shipments. The shipper and the consignee shall jointly and severally indemnify the Forwarder for all claims, fines, penalties, damages, costs or other amounts which may be incurred by or imposed upon the Forwarder by reason of any breach by the shipper or the consignee of any of the provisions of this Contract.
4. It is agreed that no guaranteed time is fixed for the completion of carriage as offered and that the Forwarder may without notice substitute alternate carriers or modes of transportation. The Forwarder assumes no obligation to carry the goods by any specified aircraft or carriers or over any particular route or routes or to make connection at any point according to any particular schedule and the Forwarder is authorized to select or deviate from the route or routes of shipment, notwithstanding that the same may be stated on the face of the waybill. Service failures caused by (i) acts of God, public enemies, public authorities, quarantine, riots, strikes, civil disorders, commotions or hazards or dangers incident to a state of war; (ii) any default by the shipper or consignee; (iii) the nature of the shipment, or any defect, characteristic or inherent vice thereof;(iv) violations by the shipper or consignee of any of the conditions of the Contract; (v) compliance with laws, governmental regulations, orders or requirements of any jurisdiction, or from any other cause beyond the control of the Forwarder will not negate the charges for service rendered.
5. Except as applicable laws may otherwise require, the Forwarder shall not be liable to the shipper or any other person for any damage, delay or loss of any nature (hereinafter collectively referred to as “damage”) arising out of or in connection with the carriage of goods, unless such damage is proved to have been caused by the negligence or willful fault of the Forwarder and there has been no contributory negligence on the part of the shipper, consignee or other claimant. The Forwarder shall not be liable for any damage directly or indirectly caused by (i) acts of God, public enemies, public authorities, quarantine, riots, strikes, civil disorders, commotions or hazards or dangers incident to a state of war; (ii) any default by the shipper or consignee; (iii) the nature of the shipment, or any defect, characteristic or inherent vice thereof; (iv) violations by the shipper or consignee of any of the conditions of the Contract; or (v) compliance with laws, governmental regulations, orders or requirements of any jurisdiction, or from any other cause beyond the control of the Forwarder. Forwarder shall not be liable, in any event, for any consequential or special damages or other indirect loss however arising whether or not Forwarder had knowledge that damages might be incurred, including but not limited to loss of income, profits, interest, utility, or loss of market.
6. In tendering the shipment for carriage hereunder the shipper warrants that the shipment is packaged to protect the goods. Uncrated, unprotected or improperly packaged merchandise is handled by the Forwarder on a “hold harmless” basis, and liabilities will not be assumed in the event of damage to any such merchandise. The shipper shall comply with all applicable laws, customs and other governmental regulations of any country to, from, through or over which the goods may be carried, including those relating to the packaging, carriage, or delivery of the goods, and the shipper shall furnish such information and attach such documents to the waybill as may be necessary to comply with any of such laws, customs, and regulations. The Forwarder shall not be liable to the shipper or any other person for loss, damage, delay or expense arising out of the shipper’s failure to comply with any such laws, customs or regulations.
(A) Forwarder’s liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or 50¢ per pound per piece of cargo lost, damaged, misdelivered, or otherwise adversely affected unless, at the time of shipment, the shipper makes a declaration of value on the air waybill, but in no event shall exceed the actual value of the goods.
(B) Declared value charge will be calculated at a rate of 50¢ per $100.00 of declared value or fraction thereof.
(C) Cash on Delivery (C.O.D.) Shipments -Shipper must enter the amount of any shipper’s C.O.D. on the carrier’s air waybill, which shall be collected subject to the fees and rules of the delivering carrier. If no declared value is listed, then the C.O.D. amount of the shipment shall be deemed the declared value for carriage and the appropriate valuation charge will be applicable and collected in cash, certified check, or money order unless Shipper authorizes company check.
(D) SHIPMENTS EXCEEDING $15,000.00 IN DECLARED VALUE MUST RECEIVE PRIOR WRITTEN APPROVAL FROM MACH 1 GLOBAL SERVICES, INC. CORPORATE MANAGEMENT IN ORDER TO OBTAIN COVERAGE.
(E) Forwarder will not consider concealed loss/damage claims on shipments consisting of used medical, scientific, electrical, telephone, computer, or other sensitive machinery. Mach 1 Global Services, Inc.
8. Other Charges Mach 1 Global Services, Inc. reserves the right to assess other such charges that may be incorporated in local tariffs, including but not limited to inside delivery, dockside delivery, charges for waiting time, special pickup and/or delivery, signed delivery receipt, weights, etc.
9. Claims Procedures
(A) Overcharge claims must be received in writing within 180 days after the date of acceptance of the shipment by the Forwarder.
(B) Notification of all other claims (except concealed loss/damage claims) must be received in writing within nine (9) months from the date of delivery or reasonable time during which a shipment should have been delivered.
(C) Concealed loss or damage discovered by the consignee, after a clear receipt has been given to Mach 1, must be reported immediately upon discovery to Mach 1 in writing within twelve (12) calendar days from the date of Mach 1’s delivery, with privilege to Mach 1 to make inspection of the shipment and container(s) within twelve (12) calendar days after receipt of such notice. All merchandise must be retained in the original shipping container, in the same condition it was in when damage was discovered, until inspected by Mach 1.
(D) Except as provided in paragraph (C) above, receipt of the shipment by the recipient without written notification of damage on the delivery receipt shall be prima facie evidence that the shipment was delivered in good condition. At the time of delivery, the consignee must note on the delivery receipt any exceptions to the shipping containers that would indicate a discrepancy (shortage in the shipment or damage to the containers). The consignee may not inspect the contents of the shipping containers until the consignee signs for the shipment on the delivery receipt. Note: Such notations as “subject to inspection” are not exceptions.
(E) All freight charges due Mach 1 Global Services, Inc. must be paid in full prior to resolution of any claim.
(F) Only the party who holds title to the goods in question is entitled to file a claim for loss or damage of a shipment.
(G) All claims for loss or damage must be reported in writing within time limits to:
Mach 1 Global Services, Inc.
1530 W. Broadway
Tempe, AZ 85282
(H) All claims sent back to the claimant for clarification or further documentation to support the claim must be perfected within three (3) months of such notice unless the claimant in writing to the Forwarder requests an extension and approval is granted in writing by the Forwarder to the claimant.
(I) Claimant shall have two (2) years and one (1) day to file suit on claims denied in whole or in part by the Forwarder.
10. To the extent that any provision of this Contract is held to be unenforceable as contrary to any applicable law or governmental regulation, such provision shall be effective to the extent that is not held to be unenforceable. The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision hereof.
11.International air carriage (as defined in Forwarder’s tariff) is subject to the rules relating to liability established by the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929, or governing amendments thereto.
12. Debtor hereby agrees to pay all court costs and attorneys’ fees incurred by carrier in enforcing any of the terms of this agreement and in collection of any sums owing pursuant to this agreement by debtor for services rendered by carrier.
13. Debtor does hereby acknowledge and waive its right to raise the defense of lack of personal jurisdiction in any lawsuit commenced by Mach 1 Global Services, Inc. against the debtor in Arizona.
14. Debtor does hereby agree to pay interest at the rate of 18% per annum on all amounts debtor owes to Mach 1 Global Services, Inc. but does not pay within 30 calendar days of the invoice date.
15. Collect Shipments – In the event of a failure or inability of consignee to pay freight charges, it will be the responsibility of the shipper to pay all charges.