DISTRIBUTION BY AIR
TERMS AND CONDITIONS OF CONTRACT

1.   DEFINITIONS.

As used in this contract, the terms "We", "Our" and "Us" refer to DISTRIBUTION BY AIR, its employees, agents, subsidiaries and contractors.  "You" and "Your" refer to the sender, recipient, their employees and agents and beneficial owner of the goods.

2.   TERMS OF AGREEMENT.

By giving us your shipment, you hereby consent to all of the terms in this agreement and in our current rules tariff and service guide which is available on request and on our web site.  By transmitting shipment information electronically or via the internet you acknowledge reviewing the terms and conditions in our rules tariff and in our current current service guides and this agreement and further waive the issuance of an airbill or other document containing the terms and conditions of contract at the time of receipt of shipment. In the event of any discrepancy the tariff shall prevail.  No agent, employee or representative of ours has the authority to alter, modify or waive any terms of this agreement.

3.   RESPONSIBILITY FOR COMPLETING THE WAYBILL.

You are responsible for accurately providing the information for completion of the waybill.  We reserve the right to correct any part of the waybill to accurately reflect the articles shipped or other information based upon inspection of the shipment. You are required to certify that your shipment does not contain any unauthorized explosives, destructive devices, hazardous material, or any other item subject to Hazardous Materials or Dangerous Goods regulations. You consent to DBA opening and searching your shipment and are aware that your certification will be maintained on file with DBA.

4.    RESPONSIBILITY FOR PACKAGING.

By tendering the shipment for carriage hereunder, you warrant that the shipment is packaged adequately to protect the goods and insure safe transportation with ordinary care and handling, and labeled for proper handling and delivery of the goods and will not create any hazard for other shipments.  Uncrated, unprotected, or improperly packaged merchandise is handled by  us at the sole risk of the sender and no liability is assumed in the event of damage to any such merchandise.  You further warrant that the contents of the shipment may be lawfully carried over public highways and/or aboard airline aircraft and is not a prohibited or restricted commodity under any applicable law or Dangerous Goods Regulation or requiring special documentation or labeling.  

5.    LIABILITIES NOT ASSUMED OR INSURED AGAINST:

Except as applicable laws may otherwise require we shall not be liable to you or any other person for any damage , delay, decay, spoilage, discoloration, bruising, decomposition, freezing, thawing, rusting, oxidation, or loss of any nature (hereinafter collectively referred to as "damage") arising out of or in connection with the carriage of your shipment, unless such damage is proved to have been caused by our negligence or willful fault and there has been no contributory negligence on the part of the sender, recipient, or any other party.  We shall not be liable for any damage directly or indirectly caused by (a) Acts of God, public enemies, public authorities, quarantine, riots, strikes, civil disorders, commotions, or hazards or dangers incident to a state of war;  any default or acts or omissions including but not limited to improper or insufficient packing, securing, marking or addressing, or for the acts or omissions of the recipient or anyone else with an interest in the shipment; (c) the nature of the shipment, or any defect, characteristic or inherent vice thereof; (d) any violation by you or the recipient of the terms of our agreement; (e) compliance with laws, governmental regulations, orders or requirements of any jurisdiction, or from any other cause beyond our control; (f) events we cannot control such as weather conditions, mechanical delays or failures; or (g) loss or damage to shipments of cash, currency, or other prohibited items as specified in our tariff or service guide.

6.   LIMITS OF LIABILITY AND INSURED VALUE LIMITS.

The charges for carriage hereunder have been in part based upon either the value declared by the sender, or, in the absence of any such insured value our limitation of liability.  Our liability shall in no event exceed your insured value stated on the face of this waybill, and, in the absence of any insured value and payment of the additional charges for insurance, our liability for that part of the consignment lost or damaged shall be limited to the lower of the following: On shipments between points in the United States: (a) actual value, or (by ) $.50 per pound per piece of that part of the shipment which is lost, destroyed, or damaged. On shipments between points in the United States and points in other countries:  (a) actual value, or (by) $ 9.07 per pound per piece of that part of the shipment which is lost destroyed or damaged. You may elect to declare a higher value only by your written declaration on the waybill and by payment of the additional charge for such declared value insurance.  You may declare a value up to the specific limits in our current tariff or service guide, by payment of the additional charges for such. Shipments containing certain articles will not be accepted for transportation or will be accepted subject to the special limitations of liability as set forth in our current tariffs or service  guide.  These articles include but are not limited to: shipments prohibited by law, gold, silver and similar precious metals, money, jewelry, negotiable paper, and all like valuables, works of art, antiques, furs, watches, personal effects, original film prints, original wearing apparel designs, live stock, alcoholic beverages, and hazardous waste. We will not be liable for breakage or damage to paintings, statuary, and other works of art and articles of virtue.  We will not be liable for any consequential, incidental, or special damages regardless of whether or not we have knowledge that such damages might be incurred including, but not limited to loss of income or profits.  All claims shall be subject to proof of value, and the limitations of insurance enumerated in the actual policy obtained in your behalf, a copy of which is available on request from DBA. Shipments from points in the United States to points outside the United States may be subject to various conditions of an international treaty known commonly as the "Warsaw Convention" which may limit various aspects of the carrier's liability.

7.   CLAIMS.

If the recipient accepts the shipment without noting any damage on the delivery record, this shall be prima facie evidence that the shipment was delivered in good condition, and act as a bar to the assertion of any claim for loss or damage.  In the event of a claim for concealed damage, we must be notified immediately upon discovery, and in the event no later than three (3) days from the date of delivery, and we shall be entitled to make an inspection within a reasonable time of such notification, of the shipment, its contents, the original shipping carton and all packing material.  The failure to follow the foregoing rules shall bar any recovery.  In any event, no claim for loss, damage or delay shall be considered unless presented in writing to our office within 120 days from the date of acceptance of the shipment by us.  As a condition precedent to the consideration of any claim by us, all transportation charges must be paid in full.  No claim may be deducted from any transportation charges due to us.  Any right to bring an action for enforcement of any claim for damage or loss shall be extinguished if not commenced within two (2) years of our denial of claim or any portion thereof.  Any claim for overcharge or duplicate  billing must be made in writing and received by us within 90 days of the date of shipment, and any action to enforce same shall be extinguished if not commenced within one (1) year from the date of our denial of claim or any portion thereof.

8.   RIGHT TO INSPECTION.

We may at our option, open and inspect any shipment for any reason, including but not limited to, verification of contents prior to or after acceptance of the shipment for transportation.

9.   RESPONSIBILITY FOR PAYMENT.

Irrespective of the instructions given for collection of the transportation, insurance and other charges incurred on the shipment, including but not limited to charges for returning, rerouting, or storage charges, by sending a shipment, the shipper, consignee and beneficial owner of the goods hereby guarantees payment of all charges accruing on the shipment, unconditionally. DBA shall be entitled to enforce collection on all or any of the foregoing and shall be entitled to a lien and to hold the shipment or any other shipment as security for payment of any outstanding charges.  You and the recipient shall jointly and severally indemnify us for all claims, fines, penalties, damages, cost and other amounts which may be incurred by and imposed upon us by reason of any breach by the sender or the recipient of any provisions of this contract or law.  Carrier shall be entitled to add interest at eighteen percent on unpaid amounts overdue beyond thirty days of billing and a reasonable charge, not to exceed twenty percent of the amount due, in the event carrier shall institute an action for collection of the amounts due.

10.  QUALIFIED ACCEPTANCE.

We reserve the right to reject your shipment at any time, when in our sole judgment such shipment might cause damage or delay to other shipments, equipment or personnel, or if the transportation of your shipment is prohibited by law or is in violation of any rules contained in this agreement, our tariff or our service guide.

11.  WEIGHTS AND CORRECTIONS.

Transportation charges for this shipment are based on the greater of the actual or dimensional weight based on 194 cubic inches per pound on shipments within the United States, and based on 166 cubic inches per pound on shipments between points in the United States and points outside the United States. We may reweigh or measure any shipment at any time and make appropriate corrections on shipping and billing documents.

12.  UNENFORCEABILITY AND INVALIDITY.
To the extent that any provision of this agreement is held to be unenforceable as contrary to any applicable law or governmental regulation, such provision shall be effective to the extent that it is not held to be unenforceable.  The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision hereof.

For additional terms and conditions not found herein please refer to our rules tariff and service guide which is available upon request and from our web site: dbaco.com.