IMPORTANT ADVICE TO
exclude ITS and its servants and agents from any liability for certain losses
and damage and limit the amount of liability of ITS and its servants and agents
for other losses and damage to the amount stated. Customers are therefore
advised to obtain their own insurance for any losses and damage that are not
expressly accepted by ITS.
1. Any business undertaken
by ITS is carried subject to these Conditions, which shall be deemed to be
incorporated in and to be a condition of any agreement, whether written, oral
or implied, between ITS and a customer. These Conditions may not be varied
except by an agreement in writing and signed on behalf of ITS by an authorized
2. ITS shall notify
customers of its rates. Subject to payment of these rates, ITS undertakes to
carry the customer's documents or goods to destinations agreed to between ITS
and the customer. ITS reserves the right to carry the customer's documents or
goods by any route and procedure and by successive carriers and according to
its handling, storage and transportation methods.
3. ITS is not a common
carrier and will only carry documents or goods subject to these Conditions. ITS
will not carry dangerous, hazardous, combustible or explosive materials, gold
and silver bullion, coin, dust, cyanides, precipitates, or any form of uncoined
gold and silver ore bullion, platinum and other precious metals, precious and
semi-precious stones including commercial carbons or industrial diamonds,
currency (paper or coin) of any nationality, negotiable securities, stocks,
bonds, certificates, uncancelled postage or revenue stamps, war savings or
thrift stamps, blank or endorsed bank cashiers' checks, money orders or
traveler's checks, letters, antiques, pictures, livestock or plants. In the
event any customer shall consign such items to ITS, the customer shall
indemnify ITS for all claims, damages and expenses arising in connection
therewith, and ITS shall have the right to deal with such items as it shall see
fit, including the right to abandon carriage of the same immediately upon ITS'
having knowledge that such items infringe these Conditions.
4. In addition to the
items listed in paragraph 3, ITS, in its absolute discretion, reserves the
right to refuse to carry any other documents or goods for any person, firm or
company and to carry any other class of documents. ITS, from time to time,
shall notify customers of any documents or goods not listed in paragraph 3 that
are not acceptable for carriage.
5. ITS reserves the right
to inspect all documents or goods consigned by its customers to ensure that all
documents or goods are acceptable for carriage and that they may be carried to
the countries of destination within the standard operating procedures of ITS.
In making this reservation, ITS does not warrant that any particular item to be
carried is capable of carriage and delivery without infringing the law of any
country or state from, to or through which the item may be carried. 6. Any
rates quoted by ITS for carriage are inclusive of local airport taxes but
exclusive of any value added taxes, duties, levies, imposts, deposits or
outlays incurred in respect of carriage of the customer's documents or goods.
Should the customer indicate on the consignment note that the receiver shall be
liable for any customs duty, the customer shall be liable for such customs duty
in the event the receiver defaults in payment. ITS will not be liable for any
penalties imposed or loss or damage incurred due to the impoundment of the customer's
documents or goods by customs or similar authorities. The customer hereby
indemnifies ITS against any such penalty or loss.
7. The customer shall be
solely responsible for the packaging of the customer's documents or goods for
carriage, including placing the documents or goods in any container that ITS
may supply. ITS shall not be liable for any loss or damage to documents or
goods caused by inadequate or inappropriate packaging. The customer shall be
solely responsible for properly addressing each consignment of documents or
goods to enable effective delivery to be made. ITS shall not be liable for
delay in forwarding or delivery resulting from the customer's failure to
address properly any consignment of documents or goods.
8. The customer is liable
for all losses, damages and expenses arising as a result of its failure to
comply with its obligations under these Conditions or as a result of its
9. ITS will only carry
documents or goods that are the property of the customer. The customer warrants
that it is authorized to accept and is accepting these Conditions not only on
behalf of itself, but also as agent for and on behalf of all other persons who
are or may hereafter become interested in the documents or goods. The customer
hereby undertakes to indemnify ITS against any damages, costs and expenses
resulting from any breach of this warranty.
10. IF ITS LOSES,
DAMAGES, DELAYS OR FAILS TO DELIVER A CUSTOMER'S CONSIGNMENT BECAUSE OF THE
NEGLIGENCE OF ITS, ITS SERVANTS OR AGENTS, ITS SHALL BE LIABLE, SUBJECT TO
CLAUSE 11, IN AN AMOUNT NOT TO EXCEED THE LESSER OF THE CONSIGNMENT'S ACTUAL
VALUE OR US $ 100. FOR THE PURPOSE OF ESTABLISHING THE AMOUNT OF ITS' LIABILITY
UNDER THIS CLAUSE, THE VALUE OF A DOCUMENT OR THE GOODS SHALL BE DETERMINED BY
REFERENCE TO THEIR REPLACEMENT OR RECONSTITUTION VALUE AT THE TIME AND PLACE OF
SHIPMENT. EXCEPT AS STATED, ITS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, DELAY
OR FAILURE TO DELIVER A CUSTOMER'S DOCUMENTS OR GOODS, INCLUDING BUT NOT
LIMITED TO ANY DELAY IN THE CARRIAGE OR DELIVERY OR DOCUMENTS OR GOODS THAT IS
BEYOND ITS' CONTROL. ITS SHALL NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF INCOME OR PROFITS, WHETHER OR
NOT ITS KNEW OR SHOULD HAVE FORESEEN SUCH POSSIBLE DAMAGES AND WHETHER OR NOT
ITS WAS NEGLIGENT OR ENGAGED IN WILLFUL MISCONDUCT.
11. The customer must
notify in writing ITS at its office at 3390 Rand Road , South Plainfield, NJ 07080 of any claim
for duties and liabilities within 28 days of the date when the documents or
goods should have reached their destination. The written notification shall
include all information and documents about the claim, including the actual
value of the shipment and proof of loss. At ITS' request, the customer shall
make all original packaging materials for inspection. Notwithstanding any
claim, the customer shall pay all charges for carriage and may not deduct any
claims from carriage charges the customer owes ITS. Any claim not meeting these
requirements shall be invalid.
12. ITS is not an air
transport carrier within the Warsaw Convention of 1929 and subsequent air
carriage treaties and legislation. ITS acts as agents for its customers when
consigning documents or goods with a particular airline for onward carriage,
and without prejudice to its general right of subrogation, ITS shall have the
right to recover compensation from any airline for loss, damage or expense
incurred by any customer on behalf of that customer.
13. All provisions of
these Conditions are severable. The law of New Jersey applies without regard to
conflict of law rules. The customer consents to the exclusive jurisdiction of
New Jersey State courts over actions arising under or relating to these
Conditions. All parties waive trial by jury.
CONDITIONS AND LIMIT OF LIABILITY
By using this bill of lading, the customer agrees to the Conditions stated on
the front and back of customer's copy of this bill of lading. SEE BACK OF
CUSTOMER'S COPY OF THE BILL OF LADING FOR INFORMATION AND ADDITIONAL
CONDITIONS. ITS will not be responsible for any claim in excess of the
lesser of the actual value of the package or US $100 per package [consignment].
ITS WILL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES TO
ANY PERSON OR PERSONS, INCLUDING LOSS OF INCOME OR PROFITS, WHETHER OR NOT WE
KNEW OF OR SHOULD HAVE FORESEEN SUCH DAMAGES, AND WHETHER OR NOT WE WERE
NEGLIGENT OR ENGAGED IN WILLFUL MISCONDUCT. The procedures for filing a
claim are set forth in the Conditions on the back of the customer's copy of
this bill of lading.