Kelias Logistics Home

 


TERMS AND CONDITIONS OF CONTRACT

ALL SHIPMENTS ARE BOUND BY OUR TERMS AND CONDITION OF CONTRACT.  In the event that a shipment is tendered to Kelias Logistics on a straight bill of lading or any other shipping document, Kelias Logistics’ rules and regulations will supersede any rules and regulations contained on the shipping document on which the freight was tendered.

  1. Non-Negotiable Document – In tendering the shipment herein for carriage, the shipper agrees to these conditions, which no agent or employee of the parties may alter. This airway bill (bill of lading) is non-negotiable and has been prepared by him or on his behalf by the forwarder or carrier for carriage under terms and conditions listed herein.
  2. As used in this contract, Forwarder means Kelias Logistics and its authorized agents.
  3. In tendering this shipment for carriage, the shipper warrants that the shipment is packaged to protect the enclosed goods with ordinary care and handling, and that each package is appropriately labeled, and in good order for carriage as specified.  The forwarder and carrier retain the right to open and inspect any shipment. The shipper also warrants that the commodity name is explicit and accurate. It is also a condition of this contract that the shipper be solely responsible for the accuracy of any article that is restricted by air or ground, that is described with the proper name and UN number, and that the paperwork is accurately completed as well as the shipment being properly labeled, packaged, and marked.
  4. Transportation of this shipment is subject to availability of equipment and space. Kelias Logistics reserves the right to substitute carriers or routing as we deem appropriate.
  5. C.O.D. Shipments: The amount of the C.O.D. to be collected must be inserted in the C.O.D. box on the airbill. The forwarder under no circumstances will be responsible for the form of payment by the consignee unless specifically requested otherwise in writing by the shipper. The forwarder will not be liable for any fraudulent check, cashiers checks or checks that are certified. It is understood that the C.O.D. amount will be deemed as the declared value amount, and both C.O.D. fees as well as the declared value amounts will be assessed to the shipper, or added to the C.O.D. amount as instructed.
  6. The shipper, the consignee, or the third party (if applicable) shall be liable jointly and severally for all unpaid charges payable on account of a shipment pursuant to this contract, including the cost of collection, as well as all cost, claims, fines, penalties which may incurred by the forwarder by reason of any violation of this contract or any other default.

                                               CARRIER LIABILITY
     
  7. Consequential Damages and Special Damages: The forwarder shall not be liable for any consequential damages whether or not the forwarder had knowledge that such damages might be incurred.
  8. Exclusions: The forwarder shall not be liable for the loss, damage, delay caused by A) Acts of God, Perils of the air, Public enemies, public authorities acting with actual or apparent authority in the premises. Authority of law, quarantine, riots, strikes, civil commotions, or hazards or dangers incident to a state of war, or undeclared war or B) the act of default of the shipper or consignee.  C) The nature of the shipment for any defect, characteristic or inherent vice thereof: D) Violation by the shipper or consignee of any of the rules contained in applicable tariffs including but not confined to improper or insufficient packing, securing, marking or addressing and failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions or E) compliance with delivery instructions from the shipper or consignee or non compliance with special instructions from the shipper or consignee not authorized by applicable tariffs.
  9. As a condition of this contract for carriage, the shipper and all other parties that have an interest in the shipment agree to limit Kelias Logistics liability as follows: A) If the shipment has no declared value specified on the Kelias Logistics bill of lading, the liability of the company will be 50 cents per pound for the part of the shipments that is lost or damaged, plus the prorated transportation charges. B) If the value is declared on the Kelias Logistics bill of lading, and the applicable excess valuation charges are assessed by the company and paid by the shipper, then the higher value limit is accepted by the company, provided that it does not exceed the maximum limit of $50,000 and any amount over $25,000 was approved by the company in advance of the movement of the shipment.  As a condition of this contract, claims can only be made by the billable party.  C) Unless a different amount is specified by the shipper, the value of a C.O.D. shipment shall be deemed to be the C.O.D. amount, and excess value charges will be assessed accordingly.
  10. Claims for loss or visible damage must be made in writing to Kelias Logistics P.O. Box 281135, San Francisco, CA 94128 no later that 180 days for the date of acceptance by the forwarder. In the case of concealed damage, claims must be made within 15 days and the shipment must be made available for inspection by the forwarder or its agent upon request. No claim will be entertained until the transportation charges have been paid.  All claims must be filed by the billable party.
  11. Shipments will be subject to applicable storage charges if delivery to the consignee cannot be accomplished within 48 hours of arrival at destination, or after 48 hours after the consignee has been notified of arrival.  If, after 30 days the shipment has not been released or delivered to the consignee, and after written notification to the shipper, Kelias Logistics has the right to sell the shipment at a public or private sale to recover its cost.  Kelias Logistics will pay itself out of the proceeds of this sale for all charges due it, and will remit the balance to the shipper.
  12. International shipments are subject to the rules relating to the liability established by the convention for unification for Certain Rules Relating to International Carriage by Air at Warsaw, October 12, 1929.  Standard liability limits are $9.09 per pound under this contract.