flo-R Enterprise

CONTRACT TERMS AND CONDITIONS

In these Conditions:  CARRIER means FLO-R ENTERPRISE.  GOODS means items and/or documents consigned by a customer from one address to another. CUSTOMER means anybody that consigns goods to FLO-R ENTERPRISE.

In this contract and the Notices appearing hereon:  CARRIER includes the air carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.  The shipment accepted for FLO-R ENTERPRISE by its employees and  agents (referred to collectively hereinafter as ‘FLO-R ENTERPRISE’) is subject to  the terms and conditions set out hereunder. 

 

1. Shippers Obligation and Acknowledgement: By tendering materials for shipment via FLO-R ENTERPRISE, it is deemed that the shipper agrees to the terms and conditions stated herein. The shipper warrants that he is the owner or the authorized agent of the owner of the goods transported hereunder, and that the shipper hereby accepts FLO-R ENTERPRISE’s terms and conditions for itself and as agent for and on behalf of any other  person having any interest in the shipment. The shipper warrants that each article in the shipment is properly described on the Shipper’s declaration form and it does not contravene the provisions of the USA Postal Act and has  not been declared by FLO-R ENTERPRISE to be unacceptable for transport as specified under section 10 below and that the shipment is properly  marked and addressed and packed to ensure safe handling. The shipper shall be solely liable for all costs and expenses related to the shipment and for costs incurred in either returning the shipment to the shipper or warehousing the shipment pending such return. The shipper accepts the condition that the shipment is being carried by FLO-R ENTERPRISE from  the point of tendering only up to the address shown on the shipper’s declaration and that in case the shipment has to be  returned/redirected/returned for any reason whatsoever, the shipper shall pay in advance all charges levied by FLO-R ENTERPRISE for such  rerouting/redirection/return as per the normal schedule of charges of  FLO-R ENTERPRISE applicable thereon. FLO-R ENTERPRISE will hold such shipments at the destination mentioned on the Shipper’s declaration for a maximum of 10 days from the date of the shipment without informing the shipper and the shipper hereby indemnifies " FLO-R ENTERPRISE " against any claim or liability. Packing of the materials tendered for shipment is the responsibility of the shipper,  including placement of such materials into containers supplied by  "FLO-R ENTERPRISE", if any. Not such standing anything else in these Terms and Conditions, the shipper indemnifies "FLO-R ENTERPRISE" from any loss or claims arising from breakage or damages to the materials shipped.

2. FLO-R ENTERPRISE’s  right of Inspection of Shipment: "FLO-R ENTERPRISE" has the right, but not the obligations, to open any/or inspect any shipment. Shipments shall be tendered to "FLO-R ENTERPRISE" in an "Open Condition" and shall by accepted only after an inspection of its contents by an "FLO-R ENTERPRISE" employee to ensure  its conformity with these Terms and Conditions & the regulations of  TSA. "FLO-R ENTERPRISE" reserves the right to refuse shipments under these Terms and Conditions without assigning any reason whatsoever.

3. CHARGEABLE WEIGHT: Every shipment shall be charged by its chargeable weight as defined hereunder and not its actual weight. The chargeable weight shall be the higher of: the actual weight rounded off to the higher LB. as per the category agreed to OR the volume of weight similarly rounded off as above. Volume weight of the shipment in pounds is its gross cubic centimeters divided by 6000 multiplied by 2.20462.

4. Lien on goods shipped: " FLO-R ENTERPRISE " shall have a lien on any goods shipped for all freight charges, State/Local taxes, advances or other charges of any kind arising out of transportation hereunder and may refuse to surrender possession of the goods until such charges  are paid.

5. DOMESTIC CARRIAGE - Limitations of Liability: Without  prejudice to Section 7 and Section 8, the liability of "FLO-R ENTERPRISE" for any  loss or damage to the shipment (which terms shall include all documents  or parcels consigned through "FLO-R ENTERPRISE") shall be $100.00. The amount of  loss or damages to the document or parcel actually sustained, or The  actual value of the document or parcel as determined hereunder, without  regard to the commercial utility or special value of the shipper: the actual value of a document shall be ascertained by reference to its  cost of preparation or replacement, reconstruction value at the time  and place of shipment, but under no circumstances shall exceed $100.00.  The actual value of a parcel (which terms shall include any item of  commercial value which is transported hereunder) shall be ascertained  by reference to its cost of repair or replacement resale or fair market  value not exceeding the original cost of the article actually paid by  the shipper, always within the overall limit of $100.00.

6. Consequential  Damages Excluded: FLO-R ENTERPRISE shall not be liable in any event, for any consequential or special damages or other direct or indirect loss,  whatsoever arising, whether or not "FLO-R ENTERPRISE" had knowledge that such  damages might be incurred including but not limited to loss of income,  profits, interest, utility of loss of market. 

7. Any exclusion or limitation of liability applicable to Carrier shall apply to Carrier’s agents, employees, and representatives and to any person whose aircraft or equipment is used by Carrier for carriage and such person’s agents, employees and representatives.  Carrier undertakes to complete the carriage with reasonable dispatch.  Where permitted by applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper.  Carrier is authorized by the shipper to select the routing and all  intermediate stopping places that it deems appropriate or to change or  deviate from the routing shown on the face hereof. 

8. Liabilities Not Assumed: In particular, "FLO-R ENTERPRISE" will not be liable  for any loss of, or damage to the shipment or a delay in picking or delivering the shipment if it is: Due to acts of God, force major occurrence or any cause reasonably beyond the control of " FLO-R ENTERPRISE " or  Caused by : The act, default or omission of the shipper, the consignee, or any other party who claims an interest in the shipment (including violation of any of the terms and conditions hereof) or any other  person; Carriers such as airlines or railways not adhering to schedules for any reason whatsoever; government officials in discharge of their official duties such as customs/taxation/inspection etc., the nature of the shipment or any defect characteristic, or inherent vice thereof.  Electrical or magnetic injury, erasure, or other such damage to  photographic images or recordings in any form, 8.2 The shipper  indemnifies FLO-R ENTERPRISE against loss, damage, penalties action, proceedings  etc., that may be instituted by any government officials in discharge  of their official duties such as customs/taxation inspection etc. Not withstanding what is stated above, whilst FLO-R ENTERPRISE will endeavor to exercise its best efforts to provide expeditious delivery in accordance  with its regular delivery schedules, FLO-R ENTERPRISE will not under any  circumstances be liable for delay in pick up, transportation or  delivery of any shipment, regardless of the cause of such delays.

9.  Claims: Any claim must be brought by the shipper and delivered in writing to the office of FLO-R ENTERPRISE nearest to the location at which the  shipment is accepted within 30 days of the date of such acceptance. No claim can be made against FLO-R ENTERPRISE beyond this time limit. No claim for loss or damage will be entertained until all transportation charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to FLO-R ENTERPRISE.

10. Materials not accepted for carriage: Except with the express agreement in writing of any authorized officer of FLO-R ENTERPRISE, FLO-R ENTERPRISE will not carry materials: Not permitted by the laws/rules/restrictions in force, and Any items notified by FLO-R ENTERPRISE to be prohibited item. 10.2 A detailed list of materials not accepted for carriage is available upon request. FLO-R ENTERPRISE would hold your packages after informing you of their arrival for 14 days after which the packages will accrue $0.10 per Lb per day, after 6 months from notification date the said goods would be auctioned to the general public.