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Receipt of the shipment by the receiver or by any person entitled thereto without written notification of damage, destruction, or partial loss on the delivery receipt shall be prima-facie evidence that the entire shipment was delivered in good condition and in accordance with the airbill. |
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In case of damage, the claimant must file a complaint in writing with Airborne Express, either upon the airbill or by separate notice in writing, forthwith after the discovery of the damage and no later than seven (7) days or, if based on Warsaw amendment, fourteen (14) days after the delivery of the shipment to the receiver or to any person entitled thereto provided that, if sender purchases Asset Protection, such complaint may be made within one (1) year after the date of delivery. As used herein, damage includes injury or other harm to the condition or value of the shipment; destruction of the shipment rendering it valueless; or a partial loss of or shortage in the number of pieces in the shipment or in the weight of the shipment. The claimant shall also file a written claim for reimbursement with Airborne Express within one hundred twenty (120) days after delivery of the shipment to the receiver or to any person entitled thereto, provided that, if sender purchases Asset Protection, such claim may be made within one (1) year after the date of acceptance of the shipment by Airborne Express. |
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In case of delay, the claimant must file a complaint in writing with Airborne Express, either upon the airbill or by separate notice in writing, not later than fourteen (14) days from the date on which the shipment was delivered to, or refused by, the receiver. The claimant shall also file a written claim for reimbursement with Airborne Express within one hundred twenty (120) days after the date on which the shipment was delivered to, or refused by, the receiver. |
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As used herein, a complaint means a writing which gives reasonable notice to Airborne Express that damage or delay has occurred. |
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A claim for reimbursement shall contain at least the following information: a description of the goods, the airbill number, the nature and/or extent of the damage, and the amount of the claim. |
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In case of loss, the claimant must file a written claim for reimbursement with Airborne Express no later than one hundred twenty (120) days after the date of acceptance of the shipment by Airborne Express, provided that, if sender purchases Asset Protection, such claim may be made within one (1) year after the date of shipment acceptance. As used herein, loss means the non-delivery of the entire shipment to the receiver; or the failure to collect and/or remit any C.O.D. payment designated on the airbill. |
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Upon receipt of any complaint for damages, Airborne Express shall have the right to make an immediate inspection of the shipment. The shipment, its container(s) and packing material, must be made available for Airborne Express' inspection at the delivery location shown on the airbill for thirty (30) days after the filing of any complaint for damages. |
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Claims for overcharges must be made in writing with Airborne Express within one (1) year after the date of acceptance of the shipment by Airborne Express. The amount of an overcharge claim may not be deducted from the transportation charges. |
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No claim for reimbursement for damage, delay or loss will be considered by Airborne Express until all transportation charges thereon have been paid. The amount of claim(s) may not be deducted from the transportation charges. |
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If the claimant fails to make a complaint within the time required under subparagraphs 2. and 3. above, or if the claimant fails to file a claim for reimbursement within the time required under subparagraphs 2., 3., 6. or 8. above, no action shall lie against Airborne Express. |
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Airborne Express will not consider shockwatch, tiltmeter or temperature meter gauge results in the evaluation of any claims. |
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Airborne Express shall not be liable in any action brought to enforce a claim (other than a claim for overcharges), unless the applicable provisions listed above under Claims have been complied with by the claimant, and unless such action is brought within two (2) years after the date written notice is given to the claimant that Airborne Express has disallowed the claim in whole or in part. |
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For recovery of overcharges, legal action shall be commenced within one (1) year from date of acceptance of the shipment by Airborne Express, except that if a claim for overcharges has been presented in writing to Airborne Express within such one (1) year period, that period shall be the greater of one (1) year from the date of acceptance of the shipment or six (6) months from the time notice in writing is given by Airborne Express to claimant of disallowance of the claim, or any part or parts thereof specified in the notice from Airborne Express. |
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NOTE: If a shipment is an IATA Transfer, then the claim should be filed with the airline that delivered the freight. Again, keep in mind the time limitations previously mentioned. If assistance is needed in the placement of the claim with the IATA carrier, contact Airborne Express' Claims Department in Seattle, Washington. |
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