1. FORWARDER. As used in this contract, “Forwarder” means Guardian Logistics, Inc.
2. TERMS OF CARRIAGE. Acceptance, transportation, delivery and all accessorial services by Forwarder are performed pursuant to the terms of Forwarder’s currently applicable tariffs and the conditions and terms contained herein; provided, the terms of the tariffs and this contract are changeable by an authorized officer of Forwarder.
3. PAYMENTS FOR CARRIAGE. All remittances shall be made to Forwarder at PO Box 374, Addison, Illinois 60101-0374 within 15 days of the latter date of delivery of a shipment or the date of Forwarder’s invoice and thereafter all unpaid balances shall accrue interest at a rate of 2% per month. Forwarder may pursue collection of unpaid balances in DuPage or Cook County, Illinois and shall be entitled to reasonable attorney fees, court costs, collection agency costs and other reasonable costs of collecting unpaid balances.
4. SHIPPERS PACKAGING WARRANTY. Shipper warrants that all packages tendered Forwarder will be a properly labeled shipment complying with all laws and regulations, will be packaged to protect the enclosed goods and will allow safe transportation of the shipment with ordinary care in handling and will otherwise be in good order for the carriage specified.
5. INSPECTION OF SHIPMENTS. Forwarder or Forwarder’s agent may open and inspect any shipment and may refuse to transport any shipment that is mislabeled or improperly packaged, or any other reason deemed appropriate by the Forwarder and, in the event of refusal shall have a sole duty of tendering the shipment to the shipper if shipper pays the cost of transportation; otherwise Forwarder shall only be obligated to return the shipment subject to paragraph 12.
6. FORCE MAJEURE. Forwarder shall be liable for loss, damage, misdelivery, non-delivery, or other result of loss or damage due to Forwarder’s negligence. Forwarder shall not be liable for (a) acts of God, public enemies, public authorities, acting with actual or apparent authority, authority of law, quarantine, riots, strikes, civil commotions, hazards, acts of terrorism or dangers incident to a state of war; (b) the act or default of the shipper or consignee, including any breach of warranty as set forth in Paragraph 4; (c) the nature of the shipment or any defect, characteristic or inherent vice thereof; (d) violation by the shipper or consignee of any of these conditions of contract; and, (e) compliance with delivery or special instructions.
7. DAMAGES COVERED. Forwarder shall be liable solely for damages to cargo and never liable for other special or consequential damages.
8. RELEASED CARGO VALUES. Except by special agreement, Forwarder’s rates cover a liability for a cargo value that shall be the lesser of: (a) The amount of damages actually sustained; or (b) whichever of the following is greater, (i) the shipper’s declared value stated on the face of this bill of lading, or (ii) 60 cents per pound multiplied by the weight of that portion of the article damaged, however, if the shipper has not specified a declared value, the declared value shall be deemed the C.O.D. amount on C.O.D. shipments and on international shipments the value shall be value required by the Warsaw Convention and amending Protocols.
9. AVERAGING CARGO VALUES. Cargo values shall be determined by averaging and the average value per pound of a shipment shall be determined by dividing the declared value of the shipment by the chargeable weight of the shipment. In the case of loss or damage of part of a shipment, the reimbursement shall be the declared value per pound, or the average value per pound, Whichever is less, of the shipment.
10. RESPONSIBILITY FOR TRANSPORTATION CHARGES. Shipper shall be liable as follows: (a) Payment for transportation charges shall be timely made with interest accruing on all unpaid amounts at a rate of 2% per month (as specified in paragraph 3), and (b) to pay or indemnify Forwarder for all claims, fines, penalties, damages, legal expenses, costs, or other sums that may be incurred by Forwarder by reason of any violation of the terms of this bill of lading or any other default of violations of the law by the shipper or consignee or their agents.
11. GENERAL LIEN. Forwarder shall have a lien on the shipment for all amounts due and payable to forwarder.
12. FAILURE OF DELIVERY. Forwarder’s transportation obligations shall be solely to deliver to the destination address on this bill of lading. In the event of a failure or inability of the consignee to take delivery of this shipment, Forwarder’s sole obligation shall be to notify shipper in writing at the address shown on this bill of lading and request delivery instructions that shall include assurance of payment for additional transportation or re-tender of this shipment. If shipper fails to provide disposition instructions within 30 days after notice, Forwarder will return this shipment to shipper with shipper’s payment of transportation charges incurred by the return. If shipperfails to accept redelivery Forwarder may notice shipper of a disposal of this shipment and dispose of this shipment at public or private sale and apply the proceeds to satisfy first the costs of sale (including attorney fees), secondly the transportation charges owing on this shipment, and, any remaining sums will be paid to shipper; however any such sale shall not discharge any liability or lien to a greater extent than the proceeds realized and shipper shall remain liable for any deficiency.
13. ROUTING DISCRETION. Unless a routing is specified by shipper, Forwarder may exercise discretion in routing this shipment by mode and by carrier in a manner reasonably assuring delivery within the reasonable dispatch applicable to the service selected by shipper; provided, air freight rates shall apply unless a different rate is specifically agreed to regardless of the routing utilized.
14. CONCEALED DAMAGE. Claims involving apparent damage discovered by consignee after delivery shall be reported in writing to Forwarder within 7 days after delivery subject to a further condition that Forwarder may inspect the shipment, its container and its packing materials within 7 days of such a notice; except for claims on shipments to Canada and Puerto Rico that must be reported in writing within 4 days after delivery.
15. LOSS, DAMAGE AND DELAY. Other than claims for concealed damage as noted in Paragraph14, all claims for damage shall be noted on this bill of lading at delivery and all claims on this shipment shall be made in writing detailing the nature of the claim, the reason for the claim and the amount of the claim within 30 days after acceptance of this shipment. On shipments to Puerto Rico and Canada the claim must be made within 120 days.
16. OVERCHARGES AND DUPLICATE BILLING. Claims for overcharges or duplicate billings must be made in writing within 3 months after the date of acceptance of this shipment.
17. LIMITATION OF ACTION PERIOD. Forwarder shall not be liable on any claim and shall not be required to defend any action unless the claim is timely filed and an action is brought within 3 months of denial of the claim or the running of any applicable limitation of action period; provided, this bill of lading term shall not toll any applicable limitation of action period.
18. INTERNATIONAL CONVENTION APPLICABILITY. International air carriage pursuant to this bill of lading is subject to the Warsaw Convention as amended by applicable Protocols, except where this bill of lading may control the terms of this transaction this bill of lading shall be paramount.
19. PAYMENT CONDITION TO CLAIMS. Forwarder may not process or pay any claim relating to or arising out of this bill of lading until all applicable transportation charges are paid.
20. NOTICE OF INSURANCE. Forwarder self insures for liability amounts under $100 maintains cargo insurance to $100,000, and Forwarder does not assume liability in excess of that amount unless otherwise arranged by shipper request to Forwarder.
21. C.O.D. REMITTANCES. Shipper collect charges collected by Forwarder on shipper’s behalf will be remitted to shipper only after a minimum of ten banking days and collection of such amounts in cash available funds by Forwarder.
22. APPLICABLE LAW. To the extent not governed by treaty or Federal law, this bill of lading and all applicable tariffs shall be determined by the laws of Illinois and all controversies shall be resolved in Cook or DuPage Counties, Illinois.
23. SEVERABILITY. If any provision of this bill of lading or applicable tariffs incorporated herein is determined to be invalid or not enforceable the remainder shall not be affected thereby.
24. CRITICALITY OF PAYMENT. Timely payment to Guardian Logistics, Inc is a material condition to this bill of lading obligation. Payment shall be made within 15 days of the latter of the date of delivery or the date of the freight bill. Failure of timely payment shall allow Guardian Logistics, Inc to collect all outstanding amounts due, plus accruing interest at 2% per month, plus attorneys fees, plus court costs, plus other reasonable costs and fees incurred as an incident to collecting any amount due.