By the conditions set out below, FALCON TRANSPORT and its servants / agents are firstly not to be liable at all for certain losses and damages, and, secondly wherever they are to be liable, the amount of liability is strictly limited to the amount stated to in Condition 5.
Customers are therefore advised to purchase insurance cover to ensure that their interests are fully protected in all events.
TERMS AND CONDITIONS
By tendering materials for shipment via FALCON TRANSPORT (hereafter referred to as FALCON) the shipper agrees to the terms and conditions stated herein. No agent or employee of FALCON or the shipper may alter or modify these terms and conditions.
1.THE AIRBILL / WAYBILL
The FALCON airbill is non-negotiable and the shipper acknowledges that it has been prepared by the shipper or by FALCON on behalf of the shipper. The 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 it hereby accepts FALCON'S terms and conditions for itself and as agent for and on behalf of any person having any interest in the shipment.
2.SHIPPER'S OBLIGATIONS AND ACKNOWLEDGEMENTS
The shipper warrants that each article in the shipment is properly described on the airbill and has not been declared by FALCON to be unacceptable for transport, and that the shipment is properly marked, addressed and packed to ensure safe transportation with ordinary care in handling.
The shipper hereby acknowledges that FALCON may abandon and/or release any item consigned by the shipper to FALCON, which FALCON has declared to be unacceptable or which the shipper has undervalued for customers purposes or misdescribed, whether intentionally or otherwise, without incurring any liability whatsoever to the shipper and the shipper will save and defend, indemnify and hold FALCON harmless from all claims, fines and expenses arising therefrom.
The shipper shall be solely liable for all the costs and expenses related to the shipment and for costs incurred in either returning the shipment to the shipper or warehousing the shipment pending disposition.
The shipper acknowledges that FALCON is not a common carrier and that FALCON reserves the right to refuse or abandon the carriage or transportation of any goods for any person, firm or company and the carriage or transportation of any class of goods at its discretion.
3.RIGHT OF INSPECTION OF SHIPMENT
FALCON has the right, but not the obligation, to inspect any shipment including without limitation,opening the shipment.