Definitions: On this air Waybill, “we,” “our,” “us,” and FedEx refer to Federal Express Corporation, its subsidiaries branches and controlled entries and their respective employees, agents, and independent contractors “You” and “Your” refer to the shipper and its employees, principals and agents. If your shipment outside the United States, your contract of carriages is with the FedEx subsidiary, branch, controlled entity, or independent contractor who originally accepts the shipment from you.
“Package” means any container or envelope that is accepted by us for delivery, including any such items tendered by you utilizing our automated systems, meters, 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 shipment, you agree, regardless of whether you sign the front of this Air Waybill, for yourself or as an agent for and on behalf of any person having an interest in this shipment, to all terms on this NON-NEGOTIABLE Air Waybill, and as appropriate to all terms in any FedEx transportation agreement between you and FedEx Service Guide or Standard Conditions of Carriage, copies of which are available upon request. If there is a conflict between the Air Waybill and any such document then in effect, the transportation agreement, tariff, the current FedEx Service Guide, or Standard Conditions of Carriage 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 of this Air Waybill.
Your Obligations: You warrant that each article in the shipment is properly described on this Air Waybill and any export documents, acceptable for transport by us, and properly marked, addressed (including postal code), and packed to ensure safe transportation with ordinary care in handling. You are responsible for all charges and possible surcharges, customs duties and assessments including fees related to our prepayment of the same, governmental penalties and fines, taxes, and our lawyers’ fees and legal costs, related to this shipment.
Air Carriage Notice: If the carriage of your shipment by air involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention and any of its subsequent amendments and protocols (“Warsaw Conventions”) or Montreal Conventions may be applicable and govern an in most cases limit our liability for loss, damage, delay, shortage misdelivery, nondelivery, misinformation, or failure to provide information in connection with your shipment.
In certain countries, the Warsaw Convention limits our liability to US$9.07 per pound (US$20 per kilogram) (or equivalent in local currency), unless you declare a higher value for carriage as described below.
There are no stopping places which are agreed at the time of tender of the shipment, and we reserve the right to route the shipment in any way we deem appropriate.
Road Transport Notice: Shipment transported partly or solely by road, be there an explicit agreement to do so or not, into or from a country that is a party to the Convention on the Contract for the International Carriage of Goods by Road (the “CMR”) are subject to the term and conditions of the CMR, notwithstanding any other provisions referred to or in this Air Waybill to the contrary except that the higher limitations of liability as set forth in these conditions shall remain applicable as opposed to those set forth in the CMR.
Limitation of Liability: If not governed by the Warsaw or Montreal Convention, the CMR, or any other international treaties, laws, other governmental delay, shortage, misdelivery, nondelivery, misinformation, or failure to provide information in connection with your shipment is limited by this Air Waybill to US$100 per shipment or US$9.07 per pound (US$20 per kilogram) (or the equivalent in local currency), whichever is greater, unless you declare a higher value for carriage as described below.
If you declare a higher value, you must pay an additional charge for each additional US$100 (or equivalent in local currency) of declared value for carriage. Please call us or refer to our rate sheets in effect at the time of shipment for an explanation of the additional charge.
If you declare a higher value for carriage and pay the additional charge, our maximum liability will be the lesser of your declared value for carriage or your actual damages. We do not provide cargo liability or all-risk insurance.
Declared Value Limits: The highest declared value we allow for a FedEx Envelope or FedEx Pak Shipment is US$100 per shipment or US$9.07 per pound (US$20 per kilogram) (or the equivalent in local currency), whichever is greater.
For other shipments, in particular shipments of extraordinary value, including but not limited to jewelry, artwork, antiques, precious metals, and furs and fur clothing, the declared value of carriage is limited and depends on the contents and the destination of the shipment.
Please check the current FedEx Service Guide, our Standard Conditions of Carriage, or any applicable tariff for an explanation of the declared values limits.
If you send mora than one package using a single Air Waybill, the declared value for carriage of each package will be determined by dividing the total declared value for carriage by the number of package in the shipment.
Liabilities Not Assumed: SUBJETC TO THE SERVICE CONDITIONS CONTAINED IN THIS AIR WAYBILL, ANY APPLICABLE TARIFF THE CURRENT FEDEX SERVICE GUIDE OR OUR STANDARD CONDITIONS OF CARRIAGE, WE WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTAL, IN EXCESS OF THE DECLARED VALUE OR US$100 PER SHIPMENT OR US$9.07 PER POUND (US$20 PER KILOGRAM) (OR THE EQUIVALENT IN LOCAL CURRENCY), WHICHEVER IS GREATER, WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGE MIGTH BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS.
We will not be able for your acts or omissions, including but not limited to incorrect declaration of cargo, improper or insufficient packing, securing, marking or addressing of the shipment, or for the acts or omissions of the recipient or anyone else with an interest in the shipment. Also, we will not liable for loss, damage, delay, shortage, misdelivery, nondelivery, misinformation, or failure to provide information in connection with shipment of cash, currency, or other prohibited items.
We will not liable for loss, damage, delay, shortage, misdelivery, nondelivery, misinformation, or failure to provide information in connection with your shipment caused by events we cannot control, including but not limited to acts of God, perils of the air, weather conditions, or acts or omissions of public authorities (including customs and health official) with actual or apparent authority.
No Warranties: We make no warranties, express or implied.
Claim for Loss, Damage, or Delay: ALL CLAIMS MUST BE MADE IN WRITING AND WITHIN STRICT TIME LIMITS SEE ANY APPLICABLE TARIFF, THE CURRENT FEDEX SERVICE GUIDE, OR OUR STANDAR CONDITIONS OF CARRIAGE FOR DETAILS.
The right to damages against us shall be extinguished unless actions is brought within two (2) years from the date of delivery of the shipment or from the date on which the shipment should have been delivered. We are not obligated to act on any claim until all transportation charges have been paid; the claim amount may not be deduced from those charges.
If the recipient accepts the shipment without noting any damage on the delivery record, we will assume the shipment was delivered in good conditions. In order for us to consider a claim for damage, the contents, original shipping cartons, and backing must be available to us for inspection.
Right to Inspect: Your shipment may, at our option or at the request of governmental authorities, be opened and inspected by us or such authorities at any time.
Responsibility for Payment: Even if you give us different payment instructions, you will always be primarily responsible for all charges, including transportation charges and possible surcharges, customs and duties assessments including fees related to our pre-payment of the same, governmental penalties an lines, taxes, and our lawyers’ fees and legal costs, related to the shipment. You also will be responsible for any costs we may incur in returning your shipment to you or warehousing it depending disposition.
Customs Clearance: By giving us this shipment, you hereby appoint us as your agent, and as agent for the consignee for safely for performance of customs clearance and certify us as the normal consignee for the purpose of designating a custom broker to perform customs clearance in some instances, local authorities may require additional documentation confirming our appointment. It is your responsibility to provide proper documentation and confirmation when required.
You are responsible for and warranty your compliance with all applicable laws, rules, and regulations, including but not limited to customs laws, import, export, and re-export laws, and governmental regulations of any country to, from, through, or over which your shipment may be carried. You agree to furnish such information and comply with such laws, rules, and regulations. We assume no liability to you or any other person for any losses or expenses due to your failure to comply with this person.
You are also responsible for all charges, including transportation charges and possible surcharges, and all duties and customs assessments including fees, related to our prepayment of same, governmental penalties and fines, taxes, and our lawyers’ fees legal costs, related to this shipment.
Export Control: You authorize FedEx to act as forwarding agent for you for export control and customs purposes. You hereby certify all statements and information contained in this Air Waybill and any accompanying documents relating to exportation are true and correct. Furthermore, you understanding that the civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements; for violation of any United States Laws on exportation, including but not limited to 13 USC Sec. 305, 22 USC Sec. 401, 18 USC Sec. 1001, and 50 USC App. 2410; or for the violation of export laws of other countries.
Letter of Instructions: If you not complete all the documents required for carriage or the documents you submit are not appropriate for the services or destination requested, you hereby instruct us, where permitted by law, to complete, correct, or replace the documents for you, or for the consignee, 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 that document, the terms of this Air Waybill will continue to govern. We are not liable to you or any other person for our actions on your behalf under this provision.
Items Not Acceptable for Transportation: We do not accept transportation of money (including but not limited to coins or negotiable instruments equivalent to cash such as endorsed stocks and bonds). WE EXCLUDE ALL LIABLITY FOR SHIPMENTS OF SUCH ITEMS ACCEPTED BY MISTAKE. Other items may be accepted for carriage only to limited destinations under restricted conditions. We reserve the right to reject package based upon this limitations or for reasons of safety or security. You may consult the current FedEx Service Guide, Standard Conditions of Carriage, or any applicable tariff for specific details.
Mandatory Law: Insofar as any provision contained or referred to in this Air Waybill may be contrary to any applicable international treaties, laws, governmental regulations, orders, or requirements, such provision shall remain in effect as part of our agreement to the extent that is not overridden. The invalidity or unenforceability of any provision shall not affect any other provision contained or referred to in this Air Waybill.
Unless otherwise indicated the sender’s address indicated on the face of this Air Waybill is the place of execution and the place of departure, and the recipient’s address listed on the face of this Air Waybill is the place of destination. Unless otherwise indicated, the first carrier of this shipment is Federal Express Corporation. P.O. Box 727, Memphis, TN 38194, U.S.A.