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| 1. |
Any business undertaken by LinkGlobal is transacted subject, regardless of whether you sign the front of this Air Waybill, for yourself and as agent for and on behalf of any person having an interesting in this shipment, to all terms on this non-negotiable Air Waybill. |
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| 2. |
Prior to transportation the shipper shall complete and sign the Air Waybill in respect of each shipment of goods or documents accepted or picked up by LinkGlobal. |
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3. |
The shipper warrants that all goods or documents consigned with LinkGlobal are fit for transportation. The shipper warrants that each article in the shipment is properly described on this Air Waybill and is properly marked, addressed and packed to ensure safe transportation with ordinary handling. The shipper is responsible for all charges, including transportation charges, and all duties, customs assessments, governmental penalties and fines, taxes, and our solicitor fees and legal costs, related to this shipment. |
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| 4. |
Your shipment may, at our option or at the request of governmental authorities, be opened and inspected by LinkGlobal or such authorities at any time. |
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| 5. |
When goods or documents are accepted or dealt with upon instructions to collect freight, duties, charges or other expenses from the consignee or any other person, the shipper shall remain responsible for the same if they are not paid by such consignee or other person immediately when due. |
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| 6. |
LinkGlobal will not transport shipments of extraordinary value including but not limit to jewellery, artwork, antiques, precious metals and fur and fur clothing, any hazardous goods of any kind and money (coins, negotiable instruments equivalent to cash such as endorsed stocks and bonds). We exclude all liability for shipments of such items accepted by mistake. |
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7. |
Payment of all sums due to LinkGlobal shall be made within 30days of delivery and have the right to charge interest on the amount outstanding at the rate of 2% per month. |
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| 8. |
| (a) |
Subject to these conditions LinkGlobal shall only be liable for any loss of or damage to goods or documents or any non-delivery or mis-delivery thereof (hereafter in the sub-conditions called “Loss”) whilst such goods or documents were in the actual custody of control of LinkGlobal and provided such Loss was due to the negligence of LinkGlobal its servants or agents. If such Loss is not due to the negligence of LinkGlobal its servants or agents, LinkGlobal shall be liable for such Loss to the extent of any sum recovered by LinkGlobal from any third party in respect of such Loss subject to deduction of any costs un-recovered in the proceeding but LinkGlobal shall be under no obligation to take any action against any third party. |
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| (b) |
We also will not be liable for loss, damage or delay caused by events we cannot reasonable control, including but not limit to Acts of God, perils of air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities (including customs and health officials) with actual or apparent authority. |
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| (c) |
Whilst LinkGlobal will endeavor to deliver goods or documents in accordance with any agreed time schedule, LinkGlobal will not, under any circumstances, be liable for delay in picking up or delay in transportation of any shipment regardless of the cause of such delay. |
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| (d) |
Save as aforesaid LinkGlobal shall be under no liability however arising in respect of or in connection with any goods, documents, instructions, business, advise, information, service or otherwise and in particular shall not be liable for consequent Loss or any other Loss whatsoever how ever the same shall arise whether or not LinkGlobal had knowledge that such damages might be incurred, including but not limit to Loss, profits, interest, utility or Loss of any particular market. |
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| 9. |
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Subject to the limitations of liability set out in Condition 8, the liability of LinkGlobal for any one shipment in respect of which a claim is made shall not exceed the lesser of: |
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| (a) |
An amount of US$100 (ONE HUNDRED US DOLLARS) or |
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| (b) |
The amount of any loss or damage to the shipment actually sustained |
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| (c) |
In the case of documents, the actual value as ascertained by reference its cost of preparation, replacement, reconstitution or reconstruction value at the time or place of shipment or |
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| (d) |
In the case of goods, the declared value on the Air Waybill |
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| 10. |
| (a) |
Any claim bought by a shipper against LinkGlobal in respect of any liability
under these conditions must be notified by the shipper to LinkGlobal in writing within 14 days of the date when the goods or documents should have reached their destination. No claim may be made against LinkGlobal outside this time limit. |
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| (b) |
Notwithstanding any of the foregoing, no claim for Loss or damage will be entertained on any shipment until all transportation charges thereon have been paid. The amount of a claim may not be deducted from any charges owed to LinkGlobal and the shipper hereby waives any and all rights including any statutory or common law rights to set off the amount of any such claim against transportation charges owed to LinkGlobal. |
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