DEFINITIONS. On this Terms and Conditions "we", "our" and "us" refer to LNG Express, its subsidiaries and branches and their respective employees, agents and contractors. "You", "your" and "yours" refer to the shipper, its employees, and customers and to all others with an interest in the shipment. "Shipment" means any container or envelope which is tendered to and accepted by us for delivery on a single Air Waybill.
AGREEMENT TO TERMS AND CONDITIONS. By tendering your shipment to us for delivery, you agree to be bound by the terms and conditions set forth herein. No one is authorised to alter or modify these terms and conditions.
THE AIR WAYBILL. You acknowledge that your Air Waybill has been prepared by your customer or by you on your customer’s behalf. You warrant that you are the owner of the shipment transported hereunder, or you are the authorized agent of the owner of the shipment.
Unacceptable shipments:
- It is classified as hazardous material, dangerous goods, prohibited articles by IATA (International Air Transport Association), applicable government department or other relevant organization.
- LNG decides it cannot transport an item safety or legally (such items include but are not limited to: animals, currency, bearer from negotiable instruments, precious metals and stones, firearms, parts there of and ammunition, human remains, pornography and illegal narcotics/drug).
Shipper’s Rights and Obligation:
* Shipper has rights to:
- Be well informer of the services.
- Be ensured the security of information inside documents or packages.
- Be compensated for damages or loss.
* Shipper is obliged to:
- Be responsible for all information inside the shipment and on the Airway Bill.
- Packing or pay package fee for special and fragile items.
- All applicable customs, import, export and other laws and regulations have been complied with.
- The airway bill has been signed by shipper’s authorized representative and Terms and Conditions constitute binding and enforceable obligations of Shipper.
- Make full payment for the services used, including transportation charges, governmental penalties, taxes and ware housing fee if any.
LNG’s Liability:
LNG contracts with shipper on the basis that LNG’s liability is strictly limited to direct loss only and to the per kilos/lbs limits. All other types of loss or damage are excluded (including but not limited to loss profit, income, interest, future business) whether such loss or damage was brought to LNG’s attention before or after acceptance of the shipment since special risks can be insured by Shipper. If a Shipment combines carriage by air, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. LNG’s liability in respect of any one Shipment transported is limited to its actual cash value and shall not exceed the greater of $US 100 or:
$US 6.00/kilogram for Shipments transported by air or other non-road mode of transportation;
Time limits for Claims:
All claims must be submitted in writing to LNG within thirty (30) days from the date that LNG accepted that Shipment, failing which LNG shall have no liability whatsoever.
Delay shipments:
LNG will every reasonable effort to deliver the Shipment according to LNG’s regular delivery schedules, but these are not guaranteed and do not form part of the contract, LNG is not liable for any damages or loss caused by delays.
LNG refuses to compensate in cases:
- Circumstances beyond LNG’s control. These include but are not limited to:-“Act of God”- i.e. earthquake, cyclone, storm, flood, fog; “Force Major” – e.g., war, plane crash or embargo.
- Fragile shipments but sender refused to repackage.
- Documents and Goods which are seized by authorities or confiscated by receiving countries.
- Fail to deliver due to sender’s faults.