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International Service Conditions |
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(Including Canada, Puerto Rico and the Virgin Islands) |
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| Limit Of Liability And Liability Not Assumed |
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In consideration of the transportation charges, which charges are dependent upon the declared value as determined pursuant to Paragraph E.2. under "Rates and Charges," Airborne Express' liability (if any) shall be limited as provided in this rule.
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If no value has been declared for transportation and unless our tariffs provide otherwise, our limit of liability for loss or damage is the lower (1) actual value, or (2) if the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of the carrier in respect of loss of, damage or delay to cargo to 250 Convention gold francs per kilogram which shall be deemed to be equivalent to either 17 special drawing rights or $20 USD, ($9.07 USD per pound) or an amount to be determined under applicable law plus the amount of Airborne Express' transportation charges applicable to that part of the shipment damaged, lost, delayed, mis-delivered or otherwise adversely affected. If the Warsaw Convention does not apply, then it is agreed that the terms of this contract govern and will be enforced under federal common law of the United States. The amount payable will be determined as the date of the settlement. |
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If a value has been declared for transportation, the liability of Airborne Express shall be limited to the declared value of the shipment damaged, lost, delayed, mis-delivered, or otherwise adversely affected, or the actual value, whichever is less. |
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EXCEPTION NO 1: For Letter Express shipments the liability of Airborne Express shall be limited to $100 USD unless a higher value is declared and an additional charge paid at the rate of $.50 USD per $100 USD. The maximum declared value for Letter Express shipments is $500 USD. |
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EXCEPTION NO. 2: A.) Airborne Express will only accept airline tickets at the limit of liability of $9.07 USD per lb. per piece or the $100 USD limit of liability for a Letter Express shipment. B.) Declared value and Asset Protection are not available. In no event shall Airborne Express pay: 1.) the face value of airline tickets, 2.) the replacement cost of the ticket, 3.) except as provided in C. below, any additional costs that may be incurred if the ticket(s) is lost, damaged or delayed. C.) Subject to the maximum limit of liability Airborne Express will pay: 1.) the airline's lost ticket application fee, 2.) the prepaid ticket charge if that service has been provided. |
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EXCEPTION NO. 3: For Airborne Global Post shipments, declared value and Asset Protection are not available. Airborne Express' liability is limited to $100 USD, per consignment when lost, damaged, or otherwise adversely affected. |
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Airborne Express shall not be liable for loss, damage, destruction, delay, theft, mis-delivery, non-delivery, or any other result not caused by the actual negligence of itself, its agents or employees. Upon proof by sender that the shipment was received by Airborne Express in an undamaged, disease-free, and proper shipping condition, and was lost, damaged, destroyed, stolen, delayed, mis-delivered or not delivered, while in Airborne Express' possession, Airborne Express shall have the burden of proving that such loss, damage, destruction, theft, delay, mis-delivery, or non-delivery was not the result of its negligence. If sender has purchased Asset Protection, such negligence of Airborne Express shall be conclusively presumed. |
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Airborne Express shall not be liable for any damage directly or indirectly arising out of compliance with laws, government regulations, orders or requirements or cased by public authorities acting with actual or apparent authority in the premises, authority of law, or quarantine, provided that, if sender purchases Asset Protection, Airborne Express waives this defense for shipments lost or damaged in Customs from entry until clearance or the passage of 30 days, whichever occurs first. |
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In the absence of Asset Protection, Airborne Express shall not be liable for any damage caused by Acts of God, perils of the air, public enemies, riots, strikes, labor disturbances, civil commotions, or hazards or dangers incident to a state of war. |
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Airborne Express shall not be liable for any damage caused by act or default of the sender or receiver. |
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Airborne Express shall not be liable for any damage caused by the nature of the shipment, or any defect, characteristic or inherent vice thereof. |
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Airborne Express shall not be liable for any damage caused by violation by the sender or receiver of any of the rules contained in this guide or other applicable tariffs, including, but not confined to, improper or insufficient packing, securing, marking, or addressing, or failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions as provided in this guide. |
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Airborne Express shall not be liable for any damage caused by compliance with delivery instructions from the sender or receiver or noncompliance with special instructions from the sender or receiver not authorized by applicable tariffs. |
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Airborne Express shall not be liable for any damage to goods or contents caused by liquids or volatile materials included in the same shipment. |
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Airborne Express shall not be liable for any damage to or destruction of a shipment caused by or as a result of property contained therein. The sender, owner or receiver whose property shall cause damage to or destruction of another shipment or to the property of Airborne Express, shall indemnify Airborne Express for all losses of expenses incurred by Airborne Express as a result thereof. |
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Property which is likely to endanger aircraft, persons or property may be abandoned or destroyed by Airborne Express at any time without notice and without liability therefore to Airborne Express. |
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Airborne Express shall not be liable for electrical or magnetic injury, erasure, or other such damage to electronic or photographic images or recording in any form. |
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Airborne Express shall not be liable in any event for any special, incidental, or consequential damages, including but not limited to loss of profits or loss of income, whether or not Airborne Express had knowledge that such damages might be incurred. |
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Due to the inherent nature of the air freight business, Airborne Express does not guarantee delivery by a stipulated date or time, nor shall Airborne Express be liable for the consequences of failure to make timely delivery. |
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Airborne Express shall not be liable for any damage to artwork (i.e., paintings, prints, photographs, etchings) when glass is not removed from the frame and separately packed. |
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Airborne Express shall not be liable for damage in transit or in handling of fluorescent tubes, neon lighting, neon signs and X-ray tubes or other inherently fragile items. |
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The following applies to shipments originating at Puerto Rico: The maximum shipment valuation for declared value and Asset Protection on a shipment left for pickup at an Airborne Express deposit station location shall be $5,000 USD. A Letter Express shipment shall not have a declared or Asset Protection value in excess of $500 USD. Any amount in excess of the foregoing limits shall be ineffective. |
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Airborne Express shall not be liable for any damages caused by failure to follow directional markings on outer packaging. |
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Airborne Express shall not be liable for damage to items such as luggage, aluminum cases, briefcases, trunks, garment bags, plastic containers whose outer finish might become damaged unless they are placed in a protective container for shipment. |
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