DEFINITIONS. On this Air Waybill, “we”, “our” and “us” refer to American New Line Express Corp (hereinafter referred to as ANL), its subsidiaries and branches and their respective employees, agents and independent contractors. “You” and “your” refer to the shipper, its employees, principals and agents. If your shipment originates outside the United States, Your contract of carriage is with the ANL subsidiary, branch or independent contractor who originally accepts the shipment from you.
“Package” means any container, parcel, or envelope that is accepted by ANL for delivery, including any such items tendered by you utilizing our automated systems, meters, manifests or waybills, “shipment” means all packages which are tendered to and accepted by us on a single Air Waybill.
AGREEMENT TO TERMS. By giving us your shipment, you agree regardless of whether or not you sign the front of this Air Waybill, for yourself and as agent for and on behalf of any other person having an interest in this shipment, to all terms on this Non-Negotiable Air Waybill, in any applicable tariff, and in our current Service Guide or standard Conditions of Contract, copies of which are made available upon request. If there is a conflict between this Air Waybill and either the Tariff, Service Guide, or standard Conditions of Contract then in effect, the Tariff shall prevail (the Service Guide and standard Conditions of Contract have secondary priority). No one is authorized to alter or modify the terms of our agreement. This Air Waybill shall be binding on us when the shipment is accepted. We may mark this Air Waybill with an employee code as our signature.
YOUR OBLIGATIONS. You warrant that each article in the shipment is properly declared on this Air Waybill and is acceptable for transport by ANL, and that the shipment is properly marked, addressed, and packed to ensure safe transportation with ordinary care and handling. You are responsible for all charges, including return transportation charges, and all duties, customs assessments, governmental penalties, fines, taxes, and our attorney fees and legal costs, related to this shipment.
NOTICES CONCERNING LIMITATIONS OF LIABILITY.
AIR CARRIAGE NOTICE. If the carriage of your shipment by air involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, an international treaty relating to international carriage by air, may be applicable, which treaty would then govern and in most cases limit our liability for lost or delay of or damage to your shipment. In the U.S.A the Warsaw Convention limits our liability to USD $9.07 per pound (USD $19.95 per kilogram), unless you declare a higher value for carriage as described below, the interpretation of the Warsaw Convention’s liability limits may vary in other countries. There are no stopping places which are agreed at the time of tender of the shipment, and we reserve the right to route the shipment in any way we deem appropriate.
ROAD TRANSPORT NOTICE. Shipments transported solely by road to or from a country which is party to the Convention on the Contract for the international Carriage of Goods by Road (the “CMR”) are subject to the terms and conditions of the CMR, notwithstanding any other provisions of this Agreement to the contrary. For these transported solely by road, if a conflict arises between the provisions of the CMR and this Air Waybill, the terms of the CMR shall prevail.
LIMITATION OF LIABILITY. If not governed by the Warsaw Convention or the CMR as described above, our maximum liability for loss is limited by this Air Waybill to USD $100 per shipment or USD $9.07 per pound (USD $19.95 per kilogram), unless you declare a higher value for carriage as described below. Damage or delays of shipment are not eligible for compensation!
ANL does not provide cargo liability or all-risk insurance, but you may pay an additional charge for each additional USD $100 (or equivalent local currency) of declared value for carriage. If you declare a higher value for carriage and pay the additional charge, our maximum liability will be the lesser of your declared value for carriage or your actual damages.
DECLARED VALUE LIMITS. The highest declared value we allow for any shipments is USD $100 or USD $9.07 per pound (USD $19.95 per kilogram), shall not exceed USD $100 unless you have paid an additional charge for additional insurance coverage. For other shipments, the highest declared value for carriage will differ from country to country and may depend on the contents of the shipment. Please check our Service Guide or applicable tariff for an explanation of the declared value limits.
If you send more than one package on the Air Waybill, the declared value for carriage of each package will be determined by dividing the total declared value for carriage by the number for packages in the shipment.
LIABILITIES NOT ASSUMED. IN ANY EVENT, WE WON’T BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, IN EXCESS OF THE DECLARED VALUE FOR CARRIAGE (INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS), WHETHER OR NOT WE HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED. We won’t be liable for your acts of omissions, including but not limited to incorrect declaration of cargo, improper or insufficient packing, securing, marking or addressing of the shipment. Also, we won’t be liable if you or the recipient violate any of the terms of our agreement. We won’t be liable for loss of or damage to shipments of cash, currency or other prohibited items. We won’t be liable for loss, damage or delay caused by events we cannot control, including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, acts public enemies, war, strikes, civil commotions, or omissions of public authorities (including customs and health officials) with actual or apparent authority.
NO WARRANTIES. We make no warranties, explicit, or implied.
CLAIM FOR LOSS. All claims must be made in writing and within strict time limits. See our Service Guide for details. ANL shall consider the claim timely if the claimant first calls and notifies any of our local offices within the applicable time limit and then either confirms this in writing as soon as possible or by submitting a claim form on our website. The right to damages against us shall be extinguished unless an action is brought within 180 days from the date of departure for the shipment.
Within 60 days after notification to us of the claim, it must be documented by sending us all relevant information concerning the shipment, which shall include the original air waybill and the receipts of the items sent. We are not obligated to act on any claim until all transportation charges have been paid, the claim amount may not be deducted from those charges for future shipments.
If the recipient accepts the shipment without noting any damage on the delivery record, we will assume the shipment was delivered in good condition. In order for us to consider a claim for serious damage, the contents, original shipping cartons and packing must be photographed and made available to us for inspection.
RIGHT TO INSPECT. Your shipment may, at our discretion or at the request of the governmental authorities, be opened and inspected by us or such authorities at any time.
RESPONSIBILITY FOR PAYMENT. Even if you give us different payment instructions, you, the shipper, will always be primarily responsible for all charges, including transportation charges, and all duties, customs assessments, governmental penalties and fines, taxes, and our attorney fees and legal costs, related to this shipment in case of default of payment by the consignee. You also will be responsible for any costs we may incur in returning your shipment to your or warehousing it pending disposition.
CUSTOMS CLEARANCE. By giving this shipment to ANL, you hereby appoint us as your agent solely for performance of customs clearance and certify us as the consignee for the purpose of designating a customs broker to perform customs clearance (unless you specify a customs broker on the front of this Air Waybill). In some instances, local authorities, may require additional documentation confirming our appointment. It is your responsibility to provide proper documentation and confirmation, where required.
You are responsible for and warrant your compliance with all applicable laws, rules, and regulations, including but not limited to customs laws, import, export, and re-export laws and government regulations of any country to, from through or over which your shipment may be carried. You agree to furnish such information and complete and attach to this Air Waybill such documents as are necessary to comply with such laws, rules, and regulations. We assume no liability to you or any other person for any loss or expense due to your failure to comply with this provision.
EXPORT CONTROL. You authorize ANL to act as forwarding agent for export control and customs purposes. You hereby certify that statements and information contained in this Air Waybill relating to exportation are true and correct. Furthermore, you understand that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements of for the violation of any United States laws on exportation, including, but not limited to 13 USC Sec, 305; 22 USC Sec, 401; 15 USC Sec 1001; 50 USC App 2410. This also includes any Canadian laws if shipment is exported from Canada.
LETTER OF INSTRUCTION. If you do not complete all the documents required for carriage or if the documents you submit are not appropriate for the services or destination requested, you hereby appoint us, where permitted by law, to complete, correct or replace the documents for you at your expense. However, we are not obligated to do so. If a substitute form of air waybill is needed to complete delivery of your shipment and we complete that document, the terms of this Air Waybill will govern. ANL is not liable to you or any other person for our actions on your behalf under this provision.
ITEMS NOT ACCEPTABLE FOR TRANSPORTATION. We won’t accept certain items for carriage, and other items may be accepted for carriage only to limited destinations or under restricted conditions. We reserve the right to reject packages based upon these limitations or for reasons of safety or security. You may consult our Service Guide for specific details.
MANDATORY LAW. In so far as any provision contained or referred to in this Air Waybill may be contrary to any applicable international treaty. Law, government regulations, orders or requirements, such provision shall remain in effect as a part of our agreement to the extent that it is not overridden. The invalidity or unenforceability of any provision shall not affect any other part of this Air Waybill. ANL Terms and Conditions are contained in the Service Guide as a supplement to the CONDITIONS OF CONTRACT. ANL reserves the right to unilaterally modify, amend, change or supplement the ANL Service Guide. The most current ANL Service Guide is updated on www.anlexpress.com periodically and shall replace previous Service Guides. ANL reserves the right of final interpretation for the ANL Service Guide.
If you have any other questions or concerns regarding the ANL Service Guide, please contact ANL by email (inquiry@anlexpress.com) or livechat.
