Condition of Contract
DEFINITIONS

On this Air Waybill, “we”, “our”, “us” and AF2100 refer to Airfreight 2100, Inc., its subsidiaries, and branches, and their respective employees, agents, and independent contractors. “You” and “Your” refer to the shipper and its employees, principals, and agents. “Package” means any container or envelope that is accepted by us for delivery, including any such items tendered by you utilizing our manifests or waybills. “Shipment” means all packages which are tendered to and accepted by us on a single Air Waybill.

AGREEMENT TO TERMS

By giving us your package to deliver, you agree to all the terms of this Air Waybill. In the event of conflict between Air Waybill and a relevant document, the transportation agreement, tariff, standard condition written at the back of this Air Waybill will control, in that order of priority. No one is authorized to alter or modify the terms of our Agreement. This Air Waybill shall be binding on us when the shipment is accepted; we may mark this Air Waybill with an employee number as our signature, or our printed name shall be sufficient to constitute our signature on this Air Waybill.

RESPONSIBILITY OF PACKAGING AND COMPLETING AIR WAYBILL

You are responsible for adequately packaging your goods and for properly filling-out this Air Waybill. Omission of the number of packages and weight per package will result in billing based on our best estimate of the number of packages received from you and estimated “default” weight per package as determined and periodically adjusted by us.
You warrant that each article in the shipment is properly described on this Air Waybill and any relevant documents, acceptable for transports by us, are properly marked, addressed, and packed to ensure safe transportation with ordinary care in handling. You are responsible for all charges, including transportation charges, and possible surcharges.

LETTER OF INSTRUCTION

If you do not complete all documents required for carriage or if documents are not appropriate for the service or destination requested, you hereby instruct us, where permitted by law, to complete, correct, or replace the documents for you at your expense. However, we are not obligated to do so. If a substitute form of Air Waybill is needed to complete delivery of your shipment and we complete the document, the terms of this Air Waybill will continue to govern. We are not liable to you or any other person for our actions in your behalf under this provision.

LIMITS ON OUR LIABILITY AND LIABILITIES NOT ASSUMED

Our liability for loss or damage to your package is limited to your actual damages or P100.00, whichever is less, unless you pay for and declare a higher additional P1 for each additional P100 of declared value. If you declare a higher value and pay the additional charge, our liability will be lesser of your declared value or the actual value of your package. In any event, we will not be liable for any damages, whether direct, incidental, special, or consequential in excess of the declared value of a shipment, whether or not AF2100 has knowledge that such damages might be incurred, including, but not limited to, loss of income or profits.

We will not be liable for your acts or omissions; including but not limited to, improper or insufficient packing, marking or addressing, or for the acts of omissions of the recipient or anyone else with an interest in the package. Also, we will not be liable for loss or damage to shipments of prohibited items.

We will not be liable for loss, damage, or delay caused by events that we can not control including, but not limited to acts of God, perils of the air, weather, acts of public enemies, war strikes, civil commotions, or acts of omissions of public authorities with actual or apparent authority.


LIEN OF GOOD SHIPPED AND RELEASE OF SHIPMENT

AF2100 shall have a lien on any goods shipped for all freight charges, custom duties advances or other charges of any kind arising out of transportation hereunder and may refuse to surrender possession of the goods until such charges are paid by you.

In cases of unclaimed shipments, AF2100 shall attempt to return the shipment to sender (RTS) and reserves the right to dispose of unclaimed shipments after seven (7) days. It is however AF2100’s duty to inform the sender and the consignee prior to actual disposal.

CLAIM FOR LOSS, DAMAGE, OR DELAY

All claims must be made in writing and within 15 days after delivery of the shipment.

Within 30 days after notification to us of the claim, you must send us all relevant information about it. We are not obligated to act on any claim until all transportation charges have been paid and the claim amount may not be deducted from those charges.

If the recipient accepts your package without noting any damage on the delivery record, we will assume that the package was delivered in good condition. In order for us to process your claim, you must, to the extent possible, make the original shipping cartons and packaging available for inspection.

RIGHT TO INSPECT AND REJECTION

We may, at our option, open and inspect your packages prior to or after you give them to us to deliver. We reserve the right to reject a shipment at any time, when such shipment would likely cause damage or delay to other shipments, equipment, or personnel, or if the transportation of which is prohibited by law or is in violation of any rules contained in this Air Waybill or our current Service Guide.

MANDATORY LAW

These Conditions of Contract are covered by Philippine Laws. Any action that may arise out of the contract shall be filed only in the Courts of Parañaque alone.
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