By tendering goods and personal effects for shipment from United States of America to the Philippines via Aerosend, a marketing company for its Logistic Partners, the Shipper agrees to the terms and conditions stated herein. No agent or employee or affiliate of Aerosend may alter these terms and conditions.

1.   The Export Declaration and Packing List

Aerosend Export Declaration and Packing List is non-negotiable and Aerosend acknowledges that it has been prepared by Aerosend or by Aerosend on behalf of Shipper. Shipper warrants that it is the owner of the goods transported hereunder, or it is the authorized agent of the owner of the goods, and that the Shipper hereby accepts Aerosend’s terms and conditions for itself and as agent for and on behalf of any other person having interest in the shipment.

2.  Shipper’s Obligations and Acknowledgements

Shipper warrants that each article in the shipment is properly described on this Export Declaration and Packing List and has not been declared by Aerosend to be unacceptable for transport; and that the shipment is properly marked, addressed, and packed to ensure safe transportation with ordinary care in handling.

Shipper hereby acknowledges that Aerosend may abandon and/or release any item consigned by Shipper to Aerosend which the Aerosend has declared to be unacceptable or which Shipper has undervalued for Customs purposes, whether intentionally or otherwise, without incurring any liability whatsoever to Aerosend and Shipper will save and defend, indemnify and hold Aerosend harmless from all claims, damages, fines, and expenses arising there from.

Shipper shall be liable for all costs and expenses related to the shipment and for costs incurred in either returning the shipment to Shipper or warehousing the shipment pending disposition.

3.   Right of Inspection of Shipment

Aerosend has the right, but not the obligation, to inspect or open any shipment.

4.   Lien on Goods Shipped

Aerosend shall have a lien on any goods shipped for all freight charges, customs duties, advances or other charges of any kind arising out of the transportation hereunder, as well as any damages or costs that  Aerosend may incur or suffer as a result of non-declaration, and may refuse to surrender possession of the goods until such charges are paid.

Aerosend shall have a lien on any goods for any damage that may arise as a result of the shipment of such goods even if such goods were declared as belonging to those listed under Item #10.

In the event any check paid by Shipper to Aerosend pursuant to this contract is returned by the bank, unpaid for any reason, Aerosend has the right to hold Shipper’s shipment until Shipper shall have fully paid their obligation herein.  If full payment is not received within 30 days from date invoice, Shipper is considered to have abandoned the shipment and Aerosend r has the right to dispose of Shipper’s consignment  in any manner it deems reasonable.

5.   Limitation of Liability

The liability of Aerosend for any loss or damage to the shipment (which term shall include all goods and effects consigned to Aerosend under this Export Declaration and Packing List) is limited to the lesser of:

·         US$200 for Regular Box

·         The actual amount of loss or damage to the goods and effect

6.   Consequential Damages Excluded

Aerosend shall not be liable, in any event, for any consequential or special damages or other indirect loss, however arising, whether or not Aerosend had knowledge that such damages might be incurred, including but not limited to, loss of income, profits, interest, utility, or loss of market.

 

7.   Liabilities Not Assumed

While Aerosend will endeavor to exercise its best efforts to provide on-time transit per carrier schedule and in accordance with regular schedules, Aerosend WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR DELAY IN PICK-UP, TRANSPORTATION, OR DELIVERY OF ANY SHIPMENT, REGARDLESS OF THE CAUSE OF SUCH DELAY.

FURTHER, Aerosend shall not be liable for any loss, or damage, not delivered.

  a)   Due to act of God force majeure occurrence or any cause reasonably beyond the control of Aerosend or

  b)   Caused by:

     i.  The act, default, or omission of Shipper, the Consignee or any other party who claims an interest in the shipment (including violations of any term or condition hereof), or of any person other than Aerosend, or of any Customs or other Government officials, or of any Postal Service, forwarder, or other entity or person to whom a shipment is tendered by Aerosend for transportation to any location not regularly served by the Aerosend regardless of whether Shipper requested or had knowledge of such third-party delivery arrangement; 

     ii.  The nature of the shipment or any defect, characteristic, or inherent vice thereof; 

     iii.  Electrical or magnetic injury, erasure or other such damage to electronic or photographic images or recordings in any form.

  c)   Value of goods and personal effects not declared in Export Declaration and Packing List.

8.   Claims

  a)   Any claim must be brought by Shipper and delivered in writing to AEROSEND within 30 days of the date of delivery to destination.  No claim may be made against the Aerosend outside of the time limit.

  b)   No claim for loss or damage will be entertained until all transportation charges have been paid.  The amount of any such claim may not be deducted from any transportation charges owed Aerosend

  c)   When claims are paid, Aerosend will not reimburse the basic cost of shipment, handling, or assessorial fees and related associated with the consignment claimed.

9.   Applicability

These terms and conditions shall apply to, and inure to the benefit of Aerosend and its authorized agents and affiliated companies, and their officers, directors, and employees.

10.  Materials Not Accepted For Transport

Aerosend will not accept commercial goods (more than a dozen of any kind) and will not carry:

o        Currency

o        Precious Metals

o        Precious Stones

o        Fire Arms & Ammunitions

o        Explosives/Toy Guns

o        Money Orders

o        Drugs

o        Travelers Checks

o        Perishables

o        Negotiable Instruments in Bearer Form

o        Electrical Appliances

o        Lewd, Obscene, or Pornographic Materials

o        Gambling Paraphernalia

o        Industrial Carbons and Diamonds

o        Communication Equipment and Computers

o        Combustible Materials

o        Motor Vehicle Parts

o        Microwave Ovens

o        Property the carriage of which is prohibited by law, regulation or statute of any federal, state or local government of any country from, to or through which the shipment may be carried.

11.  Any expenses incurred by Aerosend on behalf of Shipper including, but not limited to, taxes, interests, penalties, fines, surcharges, duties, etc. arising from non-declaration shall be reimbursed or refunded by Shipper upon submission by Aerosend of proper proof of evidence for such expenses.  In such an event, Aerosend is entitled to hold, retain or impound the shipment as surety for payment until said refund or reimbursement is fully satisfied.