| Service Conditions |
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These Service Conditions and any Addendums or supplements supersede any and all previous Service Conditions and other prior statements concerning the rates and conditions of Red Logistics service to which it applies. Red Logistics reserves the right to unilaterally modify, amend or supplement the rates, features of service, services, Tariff, and Terms and Conditions in this Service Guide applicable to all customers without notice. All modifications, amendments or supplements may only be authorized by an officer of Red Logistics Corporation, but no other agent or employee of Red Logistics, nor any other person or party, is authorized to do so. The following conditions will apply to all shipments tendered to us for transportation:
Rates and service quotations by our employees and agents will be based upon information provided by you, but final rates and service may vary based upon the shipment actually tendered and the application of these Service Conditions. We will not be liable for, nor will any adjustment, refund or credit of any kind be made as a result of, any discrepancy in the rate or service quotation made prior to the actual invoice, unless the rate or service applied at the time of original invoicing is inconsistent with the shipment actually tendered.
It is the shipper's responsibility to tender along with each shipment all supporting documentation needed for clearance abroad. Red Logistics Corp. shall clear clients' goods on receipt of the required documents and specific instructions to effect the clearance. Client warrants the accuracy of documents submitted clearance purposes and shall be responsible for any consequences resulting from false declarations, including any customs duties, taxes, fines, delays demurrage costs and penalties arising thereof.
Red Logistics Corp. may inspect any shipment, including the opening of packages and containers, to determine the adequacy of packing, or the existence and/or extent of damage, or the accuracy of the description of the contents, or the acceptability of the shipment for transportation. We reserve the right to open and inspect any package tendered to us for transportation. Shipper's Consent to Screen Air Cargo The Transportation Security Administration recently updated its Air Cargo Security Programs and included a new requirement related to the 9/11 Commission Act regarding air cargo screening requirements. Pursuant to TSA regulations published in 49 C.F.R. § 1548.9(b), the new program requires that Indirect Air Carriers obtain a shipper's consent to screen its air cargo prior to accepting cargo for air transportation.
Shipments must be packed in such a way so as to ensure safe transportation with ordinary care in handling and so as not to injure persons or damage any property. Each package shall be legibly and durably marked with the name and full address of shipper and consignee, and the marks and numbers appearing on the shipper’s letter of instruction. All shipments, regardless of the content or value, must be properly packed and legibly marked so as to ensure the safe transportation of the shipment, and in compliance with any and all state, federal, or international laws.
Red Logistics Corp. reserves the right to refuse any shipment, which by reason of the dangerous or any other character of its contents is liable in our judgment to soil, taint, or otherwise damage other merchandise or equipment, or which is economically or operationally impracticable to transport, or which is improperly packed or wrapped; or it is prohibited by any local, state, federal or international laws.
Regardless of any declared value for transportation, the liability of Red Logistics Corp shall be limited to US $100.00 (Dollars) per shipment for incidents including, but not limited to, any loss, damage, delay, mis-delivery, non-delivery, misinformation, any failure to provide information, or mis-delivery of information, or otherwise adversely affected, while shipment is in our possession or during pick-up and delivery. Exposure to and risk of any loss in excess of the maximum liability is either assumed by the shipper or transferred by the shipper to an insurance carrier through the purchase of an insurance policy. You should contact Red Logistics Corp. if you wish to have a policy issued through a third party insurance company in connection with any shipment. When instructed to arrange insurance coverage by customer, Red Logistics Corp. shall do so on behalf of the customer acting as an agent. By tendering your shipment for transportation, you acknowledge that you are aware of our Limitations of Liability and Insurance provisions. This act also constitutes an automatic waiver of insurance coverage unless specifically requested by you for a particular shipment.
If authorized by Red Logistics to ship packages "collect", using the COLLECT service option, shipper agrees to pay all additional charges and surcharges related to shipment other than the base package charges. Shipper agrees to ship packages collect only to consignees authorized by Red Logistics to receive collect shipments.
We make no warranties, express or implied, and expressly disclaim any and all warranties.
We shall not be liable for any interruption of service due to a cause beyond our control including, but not limited to airline delays, flight cancellation and climatic conditions, or to strikes, lockouts, or labor disputes.
Shipper may stop delivery of a shipment in the possession of Red Logistics Corp. provided shippers gives Red Logistics Corp. timely notification so as to enable Red Logistics Corp. by reasonable diligence to prevent delivery. After such notification Red Logistics Corp. will hold the shipment according to the directions of shipper and shipper shall be liable to Red Logistics Corp. for any charges, fees, or damages.
If consignee refuses to take or accept delivery of a shipment, or if Red Logistics Corp. is unable to locate or find consignee, Red Logistics Corp. shall notify shipper and request instructions as to the disposition of the shipment. Shipper shall pay all charges, fees and expenses resulting from or in connection with failure of consignee to take delivery of the shipments including, but not limited to, transportation charges incurred in returning the shipment.
Red Logistics Corp. shall have a lien on any shipment/s, so long as the shipment/s remain in its possession, for all amounts due to Red Logistics Corp. in connection with any shipment or service rendered. Red Logistics Corp. lien may be enforced by public or private sale of the shipment/s, as whole or in parcels, at any time or place and in any terms, which are commercially reasonable, after notifying all persons known to Red Logistics Corp. as claiming any interest in the shipment. Before any sale, a person claiming right in the shipments may pay the amount necessary to satisfy the lien and the reasonable expenses incurred in its enforcement.
Receipt of the shipment by the consignee or by any person entitled thereto without written notification of damage, destruction, or partial loss on the air waybill shall be prima-facie evidence that the entire shipment was delivered in good condition and in accordance with the waybill. In case of damage or loss in part or total, the claimant must file a complaint in writing with Red Logistics Corp. either upon the air waybill or by separate notice forthwith after the discovery of the damage and no latter that seven (7) days after the delivery of the shipment to the consignee or to any person entitled thereto.
Payment to Red Logistics Corp. is due against invoicing. Red Logistics Corp is entitled to collect its dues on the goods at the time of delivery. Red Logistics Corp is not allowed to advance taxes, customs duties or freights in favour of third parties, unless clear instructions have been given by the customer in favor of third parties as the consignee, etc. Should the consignee refuse to pay these taxes, duties, charges or freights, the customer remains liable against Red Logistics Corp. In the case of such instructions from consignee, the customer can be held responsible for these taxes, duties, charges or freights. Acceptable methods of payment are: check, money order, credit card (MasterCard, VISA, American Express, Diners Club, Discover Card, Optima), charge to a valid Red Logistics Account in good credit standing, and cash. Payment by electronic (wire) funds transfer is available only by prior agreement. Red Logistics does not accept counter checks or third-party checks.
Shipper shall complete or have completed on shipper’s behalf, shipping and forwarding instructions ("Shipper’s Letter of Instruction") containing all necessary information, which shall be delivered via fax, E-mail, or in person within twenty-four hours, of delivery time of the actual shipment. Red Logistics Corp. will prepare the shipping documents from the Shipper’s Letter of Instruction. Transportation charges and other accessorial charges, insofar as they have been ascertained, will be inserted by Red Logistics Corp. on the airbill prior to invoicing. The Letter of Instructions must contain the following Shippers are responsible for protecting their perishable goods shipments to survive up to ninety-six (96) hours in transit. Perishable goods shipments will not be accepted the day prior to a holiday. Hazardous materials as defined in the Department of Transportation Regulations contained in Title 49 of the code of Federal Regulations and Dangerous goods as defined in the Dangerous Goods Regulations issued by the International Air Transport Association. Dangerous goods must be tendered by shipper as separate shipments with documents clearly indicating the contents. No service will be provided for packages not properly prepared in accordance with D.O.T. regulations and IATA requirements. Hazardous material packages found in our system not properly prepared in accordance with D.O.T. regulations and IATA requirements will be held for customer pickup. If the shipper refuses to pick up or make other arrangements for delivery acceptable to us, the shipper will reimburse Red Logistics for all costs and fees of any type connected with the legal disposal of the shipment. Red Logistics cannot accept or ship the following hazardous materials: Class 1.1 Explosives (Explosive 1.1)
Unacceptable Commodities Red Logistics Corp. will not accept the following items for transportation: Currency, Human Remains, drugs prohibited by law, jewelry, precious metals, Firearms and Ammunition, Alcohol, Tobacco and tobacco products and hazardous materials, that are prohibited under the Department of Transportation regulations contained in title 49 of the Code of Federal Regulations, or which are prohibited under the dangerous goods regulations issued by the INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA). Red Logistics Corp. reserves the right to assess transportation charges based on volumetric standards. Dimensional weight pricing is applicable on all shipments. Dimensional weight is calculated by multiplying length by width by height of each package (all in inches) and dividing by 166. The dimensional weight of each package in the shipment is added, and the total dimensional weight of the shipment is then compared to the actual weight of the shipment. If the dimensional weight exceeds the actual weight, transportation charges for the shipment are based on the dimensional weight. No shipments will be accepted for transportation under our Express Door to Door service if each piece exceeds 70 pounds and/or dimensions 20" x 20" X 40". Maximum sizes vary by carrier and/or by destination; however, as a general rule, any single piece that exceeds any of the following dimensions: length 125 inches, width 96 inches, and height 64 inches, and whose shape renders it impossible to load within an appropriate carrier unit load device, will have the applicable carrier charge for handling such a piece as a minimum charge.
The shipper must provide Red Logistics Corp. with the proper documentation for clearance abroad (i.e., commercial invoice, pro-forma invoice, certificate of origin, etc.). Proper completion of documentation and complete description is the shipper’s responsibility. If the shipment is held by Customs abroad, or any other regulatory agency due to incorrect or missing documentation, we will advise the shipper. All clearance charges will be billed to the final consignee unless otherwise specified. In our sole discretion, we may require confirmation of reimbursement arrangements as a condition to completion of clearance and delivery. REGARDLESS OF ANY PAYMENT INSTRUCTIONS TO THE CONTRARY, THE SHIPPER IS ULTIMATELY RESPONSIBLE FOR PAYMENT OF DUTIES. TAXES AND ANY OTHER CLEARANCE CHARGE APPLICABLE TO THE SHIPMENT IF THE FINAL CONSIGNEE REFUSES PAYMENT. Invoices for duties, taxes and any other clearance charges are payable immediately upon receipt. All clearance charges on "free-domicile" shipments will be billed directly to the shipper, provided that: When requested by the shipper, verbal confirmation of delivery (date, time and name of person who signed for the shipment) is available free of charge 24-hours after delivery to main cities and 48/72-hours after delivery to second and third cities. When requested by the shipper within six (6) months of the shipping date, a photo static copy of the delivery record will at our option, be made available for an additional charge of $5.00 each. |
