HIGH DEFINTION LOGISTICS, LLC limits their liability. Please read the below terms & conditions carefully. To view our tariffs, rules, terms & conditions, please visit our website at www.highdefinitionlogistics.com
Definitions: For purposes of this domestic airbill “SHIPPER” is the person or entity so identified on the front side of this airbill, any person or entity having an interest in the shipment or any person or entity who acts as an agent for the Shipper; “CONSIGNEE” is the person or entity identified on the front side of this airbill; “HIGH DEFINITION LOGISTICS, LLC” shall mean HIGH DEFINITION LOGISTICS, LLC; “SHIPMENT” is the total of the packages and their contents listed and described on the front of this airbill; “PACKAGE” and or “PACKAGES” is the packages listed on the front of this airbill; “PARTIES” includes the SHIPPER and HIGH DEFINITION LOGISTICS, LLC.
1. Agreement to Terms & Conditions
In tendering the shipment, the Shipper agrees to these terms and conditions, which no agent or employee of the parties may alter, and that this airbill is non-negotiable and has been prepared by the Shipper. The Shipper also agrees to these terms and conditions on behalf of any person or entity with an interest in the shipment. The Shipper warrants and represents to HIGH DEFINITION LOGISTICS, LLC that the information inserted on the face of this airbill is complete and accurate. It is also agreed among the parties that the shipment is governed by HIGH DEFINITION LOGISTICS, LLC’s tariffs which are hereby incorporated into this contract and Shipper agrees to be bound by the terms and conditions of said tariff. A copy of said tariff is available for inspection at the offices of HIGH DEFINITION LOGISTICS, LLC by request. To the extent these terms and conditions conflict with the tariff, this airbill shall control. Except to the extent of any written contract between shipper and HIGH DEFINITION LOGISTICS, LLC, this airbill supersedes and negates any claimed, alleged or asserted oral agreement, promise, representation or understanding between the parties with respect to this shipment.
2. Shipper’s Warranty
Shipper warrants that each package in this shipment is properly and completely described on this airbill, is properly marked and addressed, is packaged properly and adequately to protect the contents in the normal course of transportation, and except as noted on the airbill, is in good order and condition.
(a) At time of delivery the consignee must note on the delivery receipt any exceptions to the good order and condition of the shipment that would indicate a discrepancy (shortage in the shipment, damage to the package(s), or possible damage to the contents). The consignee may not inspect the contents of the packages until the consignee signs for the shipment on the delivery receipt. NOTE: Such notations as “subject to inspection” and “subject to count” are not exceptions. Failure to note exceptions at time of delivery on the delivery receipt is prima facie evidence of delivery in good order and condition;
(b) HIGH DEFINITION LOGISTICS, LLC must be notified in writing of any loss or damage to the shipment no later than 14 days after the date of delivery, except in the case of perishables, HIGH DEFINITION LOGISTICS, LLC must be notified verbally within 48 hours of delivery. HIGH DEFINITION LOGISTICS, LLC is entitled to inspect the shipment and any materials used to package or protect the shipment for transportation at the place of delivery. A timely notice of claim is prerequisite to the institution of suit pursuant to paragraph 3(f). The failure to give timely notice of any loss or damage or the failure to permit or arrange inspection as required herein shall constitute a bar to any claim for loss or damage;
(c) ALL claims for loss or damage must be received in writing by HIGH DEFINITION LOGISTICS, LLC no later than 180 days after the date of delivery. Such claims must include copies of the airbill, delivery receipt, invoice and any other documents supporting the claim; no claim will be considered until all transportation charges have been paid. Claims may not be deducted from transportation charges.
(d) In the event HIGH DEFINITION LOGISTICS, LLC pays a claim, HIGH DEFINITION LOGISTICS, LLC shall be entitled to possession of the portion of the shipment for which claim was made as salvage. The failure to provide the salvage shall be a bar to recovery of any claim;
(e) Claims for overcharges must be received in writing by HIGH DEFINITION LOGISTICS, LLC no later than 90 days after the date of delivery;
(f) Suit to recover for any loss, damage or overcharge must be instituted within one year from the date the claim has been denied in writing, in whole or in part, by HIGH DEFINITION LOGISTICS, LLC. All suits to recover a claim must be submitted to the jurisdiction of a state or federal court located in Tarrant County, Texas to which the parties irrevocably consent to personal jurisdiction and waive all objection thereto and the rights and obligations of the parties shall be determined according to the laws of the State of Texas
4. Inherent Nature
Due to the inherent nature of the transportation business, HIGH DEFINITION LOGISTICS, LLC does not guarantee pick up, transportation, or delivery by a stipulated time, nor shall HIGH DEFINITION LOGISTICS, LLC be liable for the consequences of failure to do so.
5. Limitation of Liability
(a) HIGH DEFINITION LOGISTICS, LLC shall not be liable for loss, damage, delay or monetary losses of any type caused by: acts of God, public authorities acting with actual or apparent authority; strikes; labor disputes; weather; mechanical failures; aircraft failures; civil commotions; acts or omissions of customs or quarantine officials; acts of carriers related to security; the nature of the freight or any defects thereof; public enemies; hazards incident to a state of war; acts of terrorism; and by acts, defaults or omissions of the shipper, including but not limited to inadequate or improper packaging, marking, addressing or providing incomplete/inaccurate shipping instructions, documents or information;
(b) HIGH DEFINITION LOGISTICS, LLC’s liability, is limited to a maximum of $50.00 per shipment or $0.50 per pound, per piece, of cargo lost, damaged, misdelivered or otherwise adversely affected whichever is greater unless the shipper declares a higher value on this airbill and agrees to pay an excess valuation charge. This limitation is subject to provisions as published in HIGH DEFINITION LOGISTICS, LLC’s governing tariff in effect at the time of this shipment. Declared values for carriage in excess of $0.50 per pound, per piece, shall be subject to an excess valuation charge. In no event shall HIGH DEFINTION LOGISTICS, LLC be liable in any event for any special, incidental, consequential or punitive damages, damages due to delay nor for loss of profits or loss of market whether or not HIGH DEFINITION LOGISTICS, LLC had knowledge that such damages or losses might occur;
(c) Unless each piece of the shipment has a declared value stated on this airbill at time of shipment and is so identified on the delivery receipt as being lost, damaged, destroyed, or otherwise adversely affected at time of delivery, HIGH DEFINITION LOGISTICS, LLC shall be liable to subject tariff provisions in effect at the time of shipment for the average declared value of the shipment multiplied by the packaged weight of the piece(s) adversely affected. The average declared value of the shipment shall be determined by dividing the total declared value of the shipment by the total weight of the shipment. The declared value amount for each shipment must be inserted on the face of this shipping manifest for this provision to apply;
(d) HIGH DEFINITION LOGISTICS, LLC agrees to accept this airbill as a shipper’s letter of instruction for other modes of transportation: ocean (domestic & international) and international air. HIGH DEFINITION LOGISTICS, LLC limits their liability as follows: ocean-$500 per package [or standard freight unit] per the Carriage of Goods by Sea Act and/or the Harter Act; international air-$9.07 per lbs. as per the Warsaw convention.
6. Prohibited Cargo
The following articles will not be accepted for carriage: any shipment prohibited by law; original works of art, antiques; bonds; coins of any kind; currency; currency equivalents; furs, fur clothing; gems or stones (cut or uncut); glass, industrial diamonds; gold or silver; coined concentrates; jewelry (other than costume jewelry); pearls; precious metals; securities (negotiable); time sensitive written material (e.g. bids, contract proposals, etc. when the declared value exceeds $0.50 per pound); household goods and/or personal effects; one-of-a-kind articles or models; prototypes; valuable rugs (i.e. Oriental rugs, Persian rugs) and prints or lithographs when the total declared value of the shipment exceeds $500.00 or when the declared value exceeds $0.50 per pound, per piece. HIGH DEFINITION LOGISTICS, LLC shall not be liable for any loss, damage, delay, liabilities, penalties or fines resulting from the transportation of any of the foregoing articles, however described or misdescribed in this shipping document, and no employee or agent of HIGH DEFINITION LOGISTICS, LLC has any authority to accept for transportation such articles or to waive the limitations herein contained. HIGH DEFINITION LOGISTICS, LLC retains the right to refuse any such shipment prior to acceptance. In the event HIGH DEFINITION LOGISTICS, LLC discovers after acceptance of a shipment that the shipment contains any of the herein mentioned articles, it reserves the right to refuse the shipment, or if already in transit, to refuse to deliver the shipment to the consignee. Shipper agrees to pay all expenses, freight charges, fines and penalties for said shipment. Shipper further agrees to indemnify and hold harmless HIGH DEFINITION LOGISTICS, LLC from any and all loss, damage, delay, liabilities, penalties or fines of whatsoever nature arising out of or related in any way to said shipment.
7. Rates & Charges
Rates and charges for this shipment will be based on actual or dimensional weight, whichever is greater.
8. C.O.D. Shipments
(a) Collect on Delivery (C.O.D.) service is provided under the following conditions: a) Shipper must identify the shipment as a C.O.D. shipment by entering the amount to be collected on the front of this shipping document, b) Shipper must specify the type of payment to be received (e.g. check, money order, or cashier’s check) on the front of this shipping document and c) HIGH DEFINITION LOGISTICS, LLC and Shipper agree that HIGH DEFINITION LOGISTICS, LLC does not guarantee nor verify that a check, money order, cashier’s check or other such financial instrument is valid or negotiable. All payments are collected at Shipper’s risk.
(b) Unless inserted otherwise on the face of this shipping document, the C.O.D. amount of the shipment shall be deemed to be the declared value. A declared value amount in excess of $0.50 per pound, per piece, shall be subject to an excess valuation charge;
(c) Unless prior arrangements are made, the acceptance of cash by HIGH DEFINITION LOGISTICS, LLC and its agents for payment of freight charges and/or C.O.D. amounts is not allowed.
All shipments are subject to inspection by HIGH DEFINITION LOGISTICS, LLC. However, HIGH DEFINITION LOGISTICS, LLC is not obligated to perform such inspection. HIGH DEFINITION LOGISTICS, LLC reserves the right to unilaterally reject a shipment it deems unfit for transport after inspection. Any shipment that shows signs of tampering or the possible introduction of unauthorized content will be inspected and may be terminated depending on the outcome of such inspection. TSA will be notified under IAC requirement.
The Shipper and the Consignee shall be jointly and severally liable for all unpaid charges payable on account of this shipment pursuant to this contract and to pay or indemnify HIGH DEFINITION LOGISTICS, LLC for claims, fines, penalties, damages, costs (storage, handling, reconsignment, return of freight to shipper, etc.) or other sums which may be incurred by HIGH DEFINITION LOGISTICS, LLC by reason of any violation of this contract or any other default of the shipper or consignee or their agents. HIGH DEFINITION LOGISTICS, LLC shall have a general lien on any and all property within their care, custody and control for charges and expenses advanced by HIGH DEFINITION LOGISTICS, LLC may refuse to surrender possession of the goods until such charges are paid. Should HIGH DEFINITION LOGISTICS, LLC bring legal action for the enforcement of this contract or collection of any sums due and payable under this contract, HIGH DEFINITION LOGISTICS, LLC shall be entitled to reasonable attorney fees and costs.
PENALTY FOR LATE PAYMENT OF INVOICE. All invoices not paid within 30 days of invoice date will be subject to a late fee charge of 2%. Should HIGH DEFINITION LOGISTICS, LLC bring legal action for the collection of a delinquent account, HIGH DEFINITION LOGISTICS, LLC shall be entitled to reasonable attorney’s fees, costs and expenses incurred by HIGH DEFINITION LOGISTICS, LLC in connection with the legal action, in addition to the amount of the delinquent account.
Shipments are subject to security controls by carriers and, where appropriate, by government agencies. This includes the right to inspect any shipment that seems to have been tampered with or shows any other sign that may indicate unauthorized introduction of additional content. In this case the shipment will be terminated and the TSA will be notified.
Insurance is available to Shipper upon request only. The amount and type of available coverage is based on the HIGH DEFINITION LOGISTICS, LLC open cargo insurance policy in effect on the date of shipment. In order to obtain coverage under that policy, the Shipper must properly complete the INSURANCE OPTION section on the face of this airbill and pay an additional charge. Failure to insert a full value insurance amount shall reduce any insurance payment proportionately. NOTE: there are exceptions and/or special insuring conditions to the insurance option and coverage will be limited by those exceptions and/or special insuring conditions. Contact HIGH DEFINITION LOGISTICS, LLC prior to shipping for details.