JEM LOGISTICS SERVICES INC. Please read the below terms & conditions carefully. To view our tariff(s), rules, terms &conditions, please visit our web site atwww.jemlogistics.com
DOMESTIC AIRBILL – TERMS AND CONDITIONS
Definitions: For purposes of this domestic airbill “SHIPPER” is theperson or entity so identified on the front side of this airbill, anyperson or entity having an interest in the shipment or any person orentity who acts as an agent for the Shipper; “CONSIGNEE” is the personor entity identified on the front side of this airbill; “BILL TO PARTY”is the person or entity identified on the front side of this airbill;“JEM LOGISTICS” shall mean JEM LOGISTICS, INC and all of its affiliates andsubsidiaries; “SHIPMENT” is the total of the packages and theircontents listed and described on the front of this airbill; “PACKAGE”and or “PACKAGES” is the packages listed on the front of this airbill;“PARTIES” includes the SHIPPER, the CONSIGNEE, the BILL TO PARTY and JEM LOGISTICS.
- AGREEMENT TO TERMS AND CONDITIONS. In tendering the shipment, theShipper agrees to these terms and conditions, which no agent oremployee of the parties may alter, and that this airbill is nonnegotiable and has been prepared by the Shipper. The Shipper alsoagrees to these terms and conditions on behalf of any person or entitywith an interest in the shipment. The Shipper warrants and representsto JEM LOGISTICS that the information inserted on the face of this airbill is complete and accurate. It is also agreed among the parties that theshipment is governed by JEM LOGISTICS’s tariff(s) which are hereby incorporatedinto this contract and Shipper agrees to be bound by the terms andconditions of said tariff(s). A copy of said tariff is available forinspection at the offices of JEM LOGISTICS by request. To the extent these termsand conditions conflict with the tariff(s), this airbill shall control.Except to the extent of any written contract between shipper and JEM LOGISTICS,this airbill supercedes and negates any claimed, alleged or assertedoral agreement, promise, representation or understanding between theparties with respect to this shipment.
- SHIPPER’S WARRANTY. Shipper warrants that each package in thisshipment is properly and completely described on this airbill, isproperly marked and addressed, is packaged properly and adequately toprotect the contents in the normal course of transportation, and exceptas noted on the airbill, is in good order and condition.
- CLAIMS. (a) At time of delivery the consignee must note on thedelivery receipt any exceptions to the good order and condition of theshipment that would indicate a discrepancy (shortage in the shipment,damage to the package(s), or possible damage to the contents). The
consignee may not inspect the contents of the package(s) until theconsignee signs for the shipment on the delivery receipt. NOTE: Suchnotations as “subject to inspection” and “subject to count” are notexceptions. Failure to note exceptions at time of delivery on thedelivery receipt is prima facie evidence of delivery in good order andcondition; (b) JEM LOGISTICS must be notified in writing of any loss or damageto the shipment no later than 14 days after the date of delivery,except in the case of perishables, JEM LOGISTICS must be notified verballywithin 48 hours of delivery. JEM LOGISTICS is entitled to inspect the shipmentand any materials used to package or protect the shipment fortransportation at the place of delivery. A timely notice of claim is aprerequisite to the institution of suit pursuant to paragraph 3(f). Thefailure to give timely notice of any loss or damage or the failure topermit or arrange inspection as required herein shall constitute a barto any claim for loss or damage: it is incumbant upon the claimant andany other interested party to mitigate the damages to the extent thatis reasonably possible; (c) ALL claims for loss or damage must bereceived in writing by JEM LOGISTICS no later than 180 days after the date ofdelivery. Such claims must include copies of the airbill, deliveryreceipt, invoice and any other documents supporting the claim; no claimwill be considered until all transportation charges have been paid.Claims may not be deducted from transportation charges. (d) In theevent JEM LOGISTICS pays a claim, JEM LOGISTICS shall be entitled to possession of theportion of the shipment for which claim was made as salvage. Thefailure to provide the salvage shall be a bar to recovery of any claim;
(e) Claims for overcharges must be received in writing by JEM LOGISTICS nolater than 6 months after the date of delivery; (f) Suit to recover forany loss, damage or overcharge must be instituted within one year fromthe date the claim has been denied in writing, in whole or in part, by JEM LOGISTICS. All suits to recover a claim must be submitted to the jurisdiction of a state or federal court located in Cook County,Illinois to which the parties irrevocably consent to personaljurisdiction and waive all objection thereto and the rights andobligations of the parties shall be determined according to the laws ofthe State of Illinois; (g) ALL COMMUNICATIONS REGARDING A CLAIM,INCLUDING DISPUTED DEBTS AND INSTRUMENTS TENDERED AS FULL SATISFACTION OF A DEBT ARE TO BE SENT IN WRITING TO JEM LOGISTICS, 1100 ARLINGTONHEIGHTS RD, SUITE 600, ITASCA, ILLINOIS 60143 ATTN: CLAIMS MANAGER.
- Due to the inherent nature of the transportation business, JEM LOGISTICS doesnot guarantee pick up, transportation, or delivery by a stipulatedtime, nor shall JEM LOGISTICS be liable for the consequences of failure to doso.
- LIMITATION OF LIABILITY. (a) JEM LOGISTICS shall not be liable for loss,damage, delay or monetary losses of any type caused by: acts of God,public authorities acting with actual or apparent authority; strikes;labor disputes; weather; mechanical failures; aircraft failures; civilcommotions; acts or omissions of customs or quarantine officials; actsof carriers related to security; the nature of the freight or anydefects thereof; public enemies; hazards incident to a state of war;acts of terrorism; and by acts, defaults or omissions of the shipper,
- including but not limited to inadequate or improper packaging, marking,addressing or providing incomplete/inaccurate shipping instructions,documents or information; (b) JEM LOGISTICS’s liability, is limited to a maximumof $50.00 per shipment or $0.50 per pound, per piece, of cargo lost,damaged, misdelivered or otherwise adversely affected whichever isgreater unless the shipper declares a higher value on this airbill andagrees to pay an excess valuation charge. This limitation is subject toprovisions as published in JEM LOGISTICS’s governing tariff in effect at thetime of this shipment. Declared values for carriage in excess of $0.50per pound, per piece, shall be subject to an excess valuation charge.In no event shall JEM LOGISTICS be liable in any event for any special,incidental, consequential or punitive damages, damages due to delaynor for loss of profits or loss of market whether or not JEM LOGISTICS hadknowledge that such damages or losses might occur; (c) Unless eachpiece of the shipment has a declared value stated on this airbill attime of shipment and is so identified on the delivery receipt as beinglost, damaged, destroyed, or otherwise adversely affected at time ofdelivery, JEM LOGISTICS shall be liable subject to tariff provisions in effectat the time of the shipment for the average declared value of theshipment multiplied by the packaged weight of the piece(s) adverselyaffected. The average declared value of the shipment shall bedetermined by dividing the total declared value of the shipment by thetotal weight of the shipment. The declared value amount for eachshipment must be inserted on the face of this airbill for thisprovision to apply; (d) JEM LOGISTICS agrees to accept this airbill as ashipper’s letter of instruction for other modes of transportation:ocean (domestic & international) and international air. JEM LOGISTICS limitstheir liability as follows: ocean) $500 per package [or standardfreight unit] per the Carriage of Goods by Sea Act and/or the HarterAct; international air) $9.07 per pound or 17 special drawing rightsas per the Warsaw convention and/or the Montreal Potocols #4. Pleasesee our entire tariff(s), rules, terms & conditions at our web site at www.jemlogistics.com.
- PROHIBITED CARGO. The following articles will not be accepted forcarriage: any shipment prohibited by law; original works of art,antiques; bonds; coins of any kind; currency; currency equivalents;furs; fur clothing; gems or stones (cut or uncut); industrial diamonds;gold or silver; coined concentrates; jewelry (other than costumejewelry); pearls; precious metals; securities (negotiable); timesensitive written material (e.g. bids, contract proposals, etc. whenthe declared value exceeds $0.50 per pound); one-of-a-kind articles ormodels; prototypes; valuable rugs (i.e. Oriental rugs, Persian rugs)and prints or lithographs and household goods and/orpersonal effects when the total declared value of the shipment exceeds$500.00 or when the declared value exceeds $0.50 per pound, per piece.JEM LOGISTICS shall not be liable for any loss, damage, delay, liabilities,penalties or fines resulting from the transportation of any of theforegoing articles, however described or misdescribed in this shippingdocument, and no employee or agent of JEM LOGISTICS has any authority to acceptfor transportation such articles or to waive the limitations hereincontained. JEM LOGISTICS retains the right to refuse any such shipment prior toacceptance. In the event JEM LOGISTICS discovers after acceptance of a shipmentthat the shipment contains any of the herein mentioned articles, it
- reserves the right to refuse the shipment, or if already in transit, torefuse to deliver the shipment to the consignee. Shipper agrees to payall expenses, freight charges, fines and penalties for said shipment.Shipper further agrees to indemnify and hold harmless JEM LOGISTICS from any andall loss, damage, delay, liabilities, penalties or fines of whatsoevernature arising out of or related in any way to said shipment.
- Rates and charges for this shipment will be based on actual ordimensional weight, whichever is greater.
- C.O.D. SHIPMENTS. (a) Collect on Delivery (C.O.D.) service isprovided under the following conditions: 1) Shipper must identify theshipment as a C.O.D. shipment by entering the amount to be collected onthe front of this shipping document, 2) Shipper must specify the typeof payment to be received (e.g. cash, check, money order or cashier’scheck) on the front of this shipping document and 3) JEM LOGISTICS and Shipper agree that JEM LOGISTICS does not guarantee nor verify that a check, moneyorder, cashier’s check or other such financial instrument is valid ornegotiable. All payments are collected at Shipper’s risk. (b) Unlessinserted otherwise on the face of this shipping document, the C.O.D.amount of the shipment shall be deemed to be the declared value. Adeclared value amount in excess of $0.50 per pound, per piece, shall besubject to an excess valuation charge; (c) Unless prior arrangementsare made, the acceptance of cash by JEM LOGISTICS and its agents for payment offreight charges and/or C.O.D. amounts is limited to a maximum of$2000.00 per shipment and/or delivery. Payment of freight chargesand/or C.O.D. amounts in excess of $2000.00 must be remitted bycashier’s check, certified check, money order, or consignee’s check asauthorized by the shipper in writing.
- ALTERNATIVE CARRIER AND ROUTES. JEM LOGISTICS shall have the right toa)substitute alternative carriers and other means of transportation andb) select the routing or deviate from that shown on the face hereof. JEM LOGISTICS has no duty to notify the Shipper of such substitutions,selections or deviations, nor shall substitutions, selections ordeviations constitute a breach of this airbill or preclude theapplication and enforcement of all of the terms and conditionsherein.
- INSPECTION. This shipment is subject to inspection by JEM LOGISTICS.However, JEM LOGISTICS is not obligated to perform such inspection except asmandated by law. JEM LOGISTICS reserves the right to unilaterally reject ashipment it deems unfit for transport after inspection.
- The Shipper, the Consignee and the Bill to Party shall be jointlyand severally liable for all unpaid charges payable on account of thisshipment pursuant to this contract and to pay or indemnify JEM LOGISTICS forclaims, fines, penalties, damages, costs (storage, handling,reconsignment, return of freight to shipper, etc.) or other sums whichmay be incurred by JEM LOGISTICS by reason of any violation of this contract orany other default of the shipper or consignee or their agents. JEM LOGISTICS shall have a general lien on any and all property within their care,custody and control for charges and expenses advanced by JEM LOGISTICS. JEM LOGISTICS mayrefuse to surrender possession of the goods until such charges arepaid. Should JEM LOGISTICS bring legalaction for the enforcement of this contract or collection of any sumsdue and payable under this contract, JEM LOGISTICS shall be entitled toreasonable attorney fees and costs.
- PENALTY FOR LATE PAYMENT OF INVOICE. All invoices not paid within15 days of invoice date will be subject to a late fee charge of 2% permonth. Should JEM LOGISTICS bring legal action for the collection of adelinquent account, JEM LOGISTICS shall be entitled to reasonable attorneysfees, costs and expenses incurred by JEM LOGISTICS in connection with the legalaction, in addition to the amount of the delinquent account.
- AUXILIARY SERVICES. Auxiliary services are those services which areperformed prior or subsequent to transportation such as local cartage,loading, unlading, crating, uncrating, packing, unpacking and storagewhich are requested by the Shipper and arranged by JEM LOGISTICS or its agentsas a customer service. The Shipper or Consignee may be billed directlyby the provider of the services or by JEM LOGISTICS. JEM LOGISTICS shall not be liablefor any loss, damage or delay resulting from the acts, errors oromissions of the providers of such services nor for the selection of aprovider and Shipper shall indemnify and hold harmless JEM LOGISTICS from anyloss, damage or delay caused by those providers. If JEM LOGISTICS or its agentsactually provide auxiliary service, its liability for such servicesshall be governed by the terms and conditions of this airbill and inno event shall JEM LOGISTICS’s liability exceed that provided for in paragraphs3 and 5 herein.
- SECURITY. Shipments are subject to security controls by carriersand, where appropriate, by government agencies.
- Insurance is available to Shipper upon request only. The amount andtype of available coverage is based on the JEM LOGISTICS open cargo insurancepolicy in effect on the date of the shipment. In order to obtaincoverage under that policy, the Shipper must properly complete theINSURANCE OPTION section on the face of this airbill and pay anadditional charge. Failure to insert a full value insurance amountshall reduce any insurance payment proportionately. NOTE: there are
exceptions and/or special insuring conditions to the insurance optionand coverage will be limited by those exceptions and/or specialinsuring conditions. Contact JEM LOGISTICS prior to shipping for details.