WAREHOUSE TERMS AND CONDITIONS OF CONTRACT
1. In tendering this shipment, the shipper agrees to all terms and conditions specified herein. GOODS NOT ACCEPTABLE FOR SHIPPING OR STORAGE.
2. GOODS WILL NOT BE ACCEPTED FOR SHIPMENT: NAVY CARGO EXPRESS USA INC. will not accept checks, coins, paper money, silver, gold, jewelry, precious or semi-precious stones, artworks, live animals, perishables, explosives, hazardous or contraband materials of any nature for any purpose at any time. If any such goods are delivered to NAVY CARGO EXPRESS USA INC. or its agents or servants, all risk of loss and all responsibility for loss of any type shall be retained by the party who put such goods into the custody or control of NAVY CARGO EXPRESS USA INC. The provisions of this paragraph may be waived by any agent or representative of NAVY CARGO EXPRESS USA INC. under any circumstances and NAVY CARGO EXPRESS USA INC. shall not be liable for loss or damage to the goods, nor shall NAVY CARGO EXPRESS USA INC. be liable for any consequential damages claimed by third parties as a result of the delivery of such prohibited goods into the custody of NAVY CARGO EXPRESS USA INC. SHIPPER SHALL BE LIABLE TO FOR ANY LOSS OCCASIONED AS A RESULT OF ANY VIOLATION OF THIS PARAGRAPH AND SHALL HOLD HARMLESS AND INDEMNIFY NAVY CARGO EXPRESS USA INC. from any liabilities whatsoever, howsoever caused. NAVY CARGO EXPRESS USA INC. shall retain the right to reject any shipment for storage or transport purposes due to the size and dimension of the shipment.
3. It is agreed that the shipment as more fully described on the reverse side of this document, have been packed by the shipper and/or its forwarder or agent. Shipper hereby warrants that the shipment is packed to ensure safe transportation, storage, and handling and that the shipment is protected against changes in temperature and from routine handling. Shipper warrants that each package is properly labeled as to ownership and destination, legible and durable. All packages are received by NAVY CARGO EXPRESS USA INC. in sealed condition and NAVY CARGO EXPRESS USA INC. retains the right of inspection, but that absent the exercise of any right inspection is without knowledge as to the actual contents and the actual condition of the contents of any package or shipment. All weights entered on the reverse side of this document are subject to correction by NAVY CARGO EXPRESS USA INC.
4. LIMITATION ON LIABILITY: IT IS UNDERSTOOD AND AGREED that the LIABILITY of NAVY CARGO EXPRESS USA INC. for any claim for loss, damage, delay, misdelivery, or other misfortune or casualty to the shipment, is limited to 50 cents (FIFTY CENTS) per pound of goods received for shipment (up to a maximum of $50.00 (FIFTY DOLLARS) for any shipment, UNLESS the shipper specifically declares the value of the shipment to NAVY CARGO EXPRESS USA INC., and actually pays the charges to declare the value(s) or before the delivery of shipment into the custody of NAVY CARGO EXPRESS USA INC.
5. OPPORTUNITY TO DECLARE VALUE: Unless the Shipper declares and pays the greater charge for declaring a higher value for the shipment, it is understood and agreed that the declared value and liability of NAVY CARGO EXPRESS USA INC. is 50 cents per pound (at most $50.00 (FIFTY DOLLARS) for any shipment. In no event shall NAVY CARGO EXPRESS USA INC. be liable for more than the actual value of any shipment if any shipment is valued less than the declared value of the said shipment.
6. It is understood and agreed that NAVY CARGO EXPRESS USA INC. is not an insurer of the shipments described on the reverse side of this document.
7. NAVY CARGO EXPRESS USA INC. shall not liable for any, loss, damage, delay, misdelivery or other results not caused by its own negligence. Nor shall NAVY CARGO EXPRESS USA INC. be liable for any act, default, or omission by the shipper, consignor, consignee or any other party claiming an interest in the shipment or the goods, including any violation of these rules, inherent vice of the goods, improper, defective or inadequate packing and/or packaging, marking, securing labeling, misdescription etc.
8. NAVY CARGO EXPRESS USA INC. shall not be liable for loss, damage, delay or other peril or misfortune sustained by the shipment as a direct or indirect result of civil commotion, acts of God, riot, strike, acts or restraint of government, confiscation, and other risks, hazards, dangers and incident state of war or nuclear risk.
9. CLAIMS: ALL CLAIMS FOR loss or damage must be reported in writing to the office of NAVY CARGO EXPRESS USA INC. in Miami, via certified mail. All must be sent to NAVY CARGO EXPRESS USA INC., not later than 15 (fifteen) calendar days after the date that the shipment left the custody of NAVY CARGO EXPRESS USA INC., or in the case of the loss of an entire shipment, misdelivery or non-delivery, then within 30 (thirty) calendar days from the date that the Shipper first requested delivery of the shipment. No action may be filed against NAVY CARGO EXPRESS USA INC. unless there has been compliance with the above notice requirements. Any action against NAVY CARGO EXPRESS USA INC. must be filed with Miami-Dade County, Florida and must be brought within two years from the date that written notice was sent to NAVY CARGO EXPRESS USA INC.
10. The consignor and/or consignee and/or shipper shall each be jointly and severally liable to NAVY CARGO EXPRESS USA INC. for the payment of any charges and sums due to NAVY CARGO EXPRESS USA INC. for the transport, handling and storage and/or other services provided. ALL DECLARED VALUE CHARGES must be paid at or before the delivery of the shipment into the custody of NAVY CARGO EXPRESS USA INC. All sums due are payable within 15 days of the issuance of the invoice. Unpaid invoices shall accrue and bear interest commencing from the 30th days following issuance of the invoice, at the rate of 18% per annum. In the event that NAVY CARGO EXPRESS USA INC., finds it necessary to retain collection agents or attorneys to obtain payment of its invoices, then the consignor, consignee and/or shipper, agree to be liable for actual attorney fees and collection costs together with any sums due and any accrued interest.
11. LIEN OF NAVY CARGO EXPRESS USA INC. NAVY CARGO EXPRESS USA INC. shall have a lien upon each shipment for all sums due and payable to it by the consignor, consignee and/or shipper including the charges which were incurred prior to NAVY CARGO EXPRESS USA INC. receipt of the shipment, in the event of non-payment. The lien shall be subject to Florida Statute § 677-7-209, and shall include the right of NAVY CARGO EXPRESS USA INC. to dispose of the shipment or any part of it, at a public or private sale without further notice and to pay itself out of the proceeds of said Sale for all sums due to it including the costs of executing upon the lien.
12. NAVY CARGO EXPRESS USA INC. shall have the right to move the goods and/or take other measures with respect to the goods as NAVY CARGO EXPRESS USA INC. determines to be in the interest of fulfilling the purpose of this agreement.
13. NO AGENT, SERVANT OR REPRESENTATIVE OF NAVY CARGO EXPRESS USA INC. has the authority to alter, modify, or waive any provision of this agreement.
14. Warehousing services NAVY CARGO EXPRESS USA INC. does not offer warehousing services unless customer, shipper, consignee, or provider asks that services which will be rated as a daily tariff.
15. Commodities with 15 days or more at NAVY CARGO EXPRESS USA INC’s facility without order of shipment, export, warehousing or other services could be consider as a warehousing commodity and rates could be applied.
16. Packing services. NAVY CARGO EXPRESS USA INC. offers packing services of any kind of commodities as foods, electronics devices, groceries, clothes, shoes, or other commodities if it is requested by customer, shipper, consignee, or provider. Charges could be applied under customer, shipper, consignee, or provider expenses. These services must be requested by electronic mail.