GOVERNING RULES AND REGULATIONS

DBA shipments within the United States of America are governed by the terms and conditions in this service guide and the terms and conditions published in its tariff (whether or not these are required to be filed with a government agency) and those terms and conditions printed on the front and the reverse sides of the airbill and available on DBA?s Web site: www.dbaco.com.  International shipments, in addition to being governed by these terms and conditions may also be subject to the provisions of international treaties such as the Warsaw Convention of 1929, and its subsequent amendments. (Specific reference is made to the Convention for the Unification of certain Rules relating to International Carriage by Air signed in Warsaw, October 12,1929). Shipments tendered to DBA for seafreight services are subject to the provisions of the United States Carriage of Goods by Sea Act, 1936 (COGSA) as amended. Detailed Terms and Conditions for International Air Shipments are printed on the reverse side of the DBA House Airwaybill (HAWB) and for Sea Shipments, detailed Terms and Conditions are printed on the reverse side of the DBA House Bill of Lading (HBOL). No agent, employee or representative of DBA has the authority to waive or change any term or condition of service

REQUEST FOR PICK UP OR SERVICES

At the time of requesting services or requesting a pick-up of a domestic or international air shipment you must advise DBA if the shipment requires advance arrangements. Shipments requiring advance arrangements are:

1.  shipments with declared values exceeding $25,000.00 (also applies to sea shipments)  

2.  airfreight shipments of unusual size or weight including:
          - more than 70 lbs per cubic foot
          - any piece greater than 20 by 24
          - more than 125 inches in length
          - more than 88 inches in width

If you tender, without notice,  a shipment to DBA requiring advance arrangements and it is inadvertently accepted by DBA, DBA may return it to you or hold it at its terminal pending special arrangements in which case DBA is not responsible for any delays incurred or for any failure to transport the shipment.

PREPARATION OF THE AIRBILL

 

At the time of tendering a shipment to DBA, the shipper is asked to provide an airbill (or straight Bill of Lading for sea shipments) in addition to any other shipping documents required for the shipment. Shippers who have executed an electronic transmission or Internet shipment agreement with DBA may provide information electronically or via the Internet in lieu of executing and tendering an airbill. The shipper is responsible for accurately and completely filling out the airbill to reflect the correct description of the items shipped, service level required, the name and address of the consignee, who will pay the shipping charges, the declared value on which charges are assessed or no declared value, and if insurance is requested in which case the insured amount must be stated. If the airbill does not state who will pay the shipping charges the shipment may not be delivered to the consignee without payment being made. DBA has the right to reweigh or otherwise correct the airbill to reflect the items shipped, including if the charges are based on the cubic dimensions of the shipment. DBA is not responsible if the shipment is seized, delayed, or incurs additional charges because of incomplete or erroneous information on the airbill.


RESPONSIBILITY FOR PACKAGING

 

Uncrated, unprotected, or improperly packaged merchandise is handled by DBA at the sole risk of the sender and no liability is assumed in the event of damage.  The shipper further warrants that the contents of the shipment is not a prohibited or restricted commodity under any applicable law or Dangerous Goods Regulation or requiring special documentation or labeling.


CREDIT TERMS AND CONDITIONS

 

Upon submitting an application to DBA and approval by the credit department the shipper or consignee may be invoiced by DBA with a statement for services. Unless credit approval is given any prepaid shipment must be paid for at the time it is received by DBA and before it is transported, and any collect shipment must be paid for at the time of delivery, or prior to release for delivery if DBA is not effecting delivery.

BASIS FOR RATES AND CHARGES


The charges for your shipment will be the rates and charges in effect on the date your shipment is picked up. Charges not included in the rates are charges for: preparation of international documents, storage, C.O.D. service, advanced charges, customs clearance and handling charges, preparation of sight drafts or other documents required by Letters of Credit, penalties, fines duties and taxes, charges incurred to repair the packing of the shipment or to provide additional packing if DBA in its discretion requires additional packing to properly protect the shipment, and any charges incurred in returning the shipment to the point of origin for any reason.  Charges may be determined by contacting your local DBA terminal.

SHIPMENTS CHARGED BY VOLUME


Shipments within points in the United States which weigh less than 9 pounds per cubic foot will be charged for based on their dimensional weight calculated by charging 1 pound for each 194 cubic inches based on the total dimensions of the shipment. Shipments from points in the United States destined to points outside the United States which weigh less than 9 pounds per cubic foot will be charged for based on their dimensional weight calculated by charging 1 pound for each 166 cubic inches based on the total dimensions of the shipment.  Shipments moving by sea are rated on a per cubic meter or per ton basis, whichever results in greater revenue.

MINIMUM CHARGE PER SHIPMENT

   
The minimum charge for any domestic or international shipment handled by DBA will be determined by the service level, weight and point of destination.  Contact your local DBA terminal for charges.


PICK-UP AND DELIVERY RULES AND DETENTION CHARGES

DBA, when it provides a pick-up or delivery service, will provide only one person including the driver of the vehicle. Normal pick-up or delivery service will only be provided at normal business hours (9:00 AM to 5:00 PM) Mondays to Fridays, excluding holidays. If DBA is requested to provide service at another time an additional charge will be assessed.

DBA shall not be required to deliver any shipment without the signature of the consignee. If for any reason the shipment cannot be delivered DBA shall return the shipment to the terminal and redelivery will be made upon payment of an additional fee for such redelivery.

If the shipment cannot be loaded or unloaded within thirty minutes of the arrival or, upon request of the shipper or consignee, DBA's vehicle is held at origin or destination more than 30 minutes, detention charges shall be assessed in the amount of $50.00 per hour.
 
C.O.D. SERVICE

DBA offers Collection on Delivery Service to locations where C.O.D. is permitted subject to the following conditions. The shipper must enter the C.O.D. amount on the airbill. The consignee will not be permitted to examine or inspect the shipment prior to payment of the C.O.D..  A certified check will be accepted for C.O.D. payments unless advised that a company check is acceptable. Contact your DBA representative to discuss service availability and charge.  A C.O.D. fee will be assessed. 

All C.O.D. shipments will automatically be insured for the amount of the C.O.D. unless we receive a signed release instructing us not to insure. No credit will be extended for any portion of the C.O.D. amount

No C.O.D. shipments will be accepted for ocean carriage. 

VALUATION AND LIMITS OF LIABILITY

Insurance is available for most shipments for an additional fee. To insure domestic shipments you must indicate an insured value on the waybill and pay the additional charge. To insure international shipments, a sum must be entered on the face of the airbill as Insured Value or Declared Value for Carriage.  Our liability should in no event exceed your insured value as stated.  In the absence of such insured value and payment of the additional charges for such insurance, our liability is as follows: 

Domestic Shipments (shipments within the United States):  Maximum liability shall be limited to the actual value not to exceed  $ .50 per pound of that part of the shipment which is lost or damaged

International Shipments (air shipments between Points in the United States and Points outside the United States and Points outside the United States to Points outside the United States):  Subject to the rules established by the Warsaw Convention, maximum liability shall be limited to the actual value not to exceed USD $20.00 per kilogram/$9.07 per pound of that part of the shipment which is lost or damaged. 

Ocean Shipments (shipments by sea) carry a maximum liability (as defined in COGSA, 1936) of $500.00 per package or customary freight unit unless a higher value is declared on the House Bill of Lading and an additional fee is paid.

Shipments containing certain articles will not be accepted for transportation or will be accepted subject to special limitations. Please refer to our Exclusion List.  More detailed information regarding Valuation and Limits of Liability can be found by clicking Radiant Logistics Terms & Conditions Domestic Terms & Conditions, International Air Terms & Conditions, and Ocean Terms and Conditions.

The terms of the DBA bill of lading govern all transportation and any other document is issued solely for receipt purposes. In the event of any inconsistency between the DBA bill of lading and the document issued at origin, the DBA bill of lading will govern.

SMALL PACKAGE EXPEDITED SERVICE

DBA will be pleased to handle "Next Flight Out" shipments which will be transported on the next available flight reasonably able to accommodate the freight. DBA will charge in addition to the normal charge for this service.

PREPARATION OF ADDITIONAL DOCUMENTS BY CARRIER

If DBA or its agents are required to prepare additional documents such as export or import documents, an additional charge for each document required will be charged by DBA to the party responsible for the freight charges. A complete listing of the fees for various documents may be obtained from your local DBA terminal.

HAZARDOUS MATERIALS AND DANGEROUS GOODS

Shipments containing Hazardous Materials as defined in the Code of Federal Regulations or shipments of Dangerous Goods as defined by international regulations, will only be handled by DBA if the shipper presents the proper Dangerous Goods Declaration and Material Safety Data Sheet. DBA will charge a service fee in addition to all other charges.

COMPLIANCE WITH GOVERNMENT REGULATIONS

The shipper is charged with knowledge of and liability for compliance with all laws, regulations or customs for any country that the shipment is to transit and shall furnish to DBA all documents or information necessary to comply with such laws rules or customs. Due to the constantly changing laws and regulations in certain countries, DBA shall not be liable for any loss or expense due to the correctness or sufficiency or any documents or to a failure to comply with these provisions or for a refusal, warranted or unwarranted to transport a shipment due to such regulations or what DBA believes in good faith to be such regulations.

SHIPPER'S RIGHT OF DISPOSITION

The shipper shall have the right to request DBA to stop, hold or divert a shipment prior to delivery to the consignee, by written instructions to DBA. However DBA, although it will make every reasonable effort to comply, bears no liability for failure to comply with any such instructions and DBA may also require prepayment of any estimated or known additional charges prior to acceptance of such instructions.

DELIVERY AND NON-DELIVERY

DBA shall deliver a shipment only to the consignee named in the airbill, or if customs clearance is required, to the consignee's broker or forwarder. Where government regulation, law or custom requires, DBA or its agent shall notify the consignee by mail or telephone according to the local custom and procedures, but DBA shall not be liable for non-receipt of any such notice.

If the consignee fails to take delivery or delivery cannot be effected, DBA shall attempt to notify the shipper and shall attempt to comply with any instructions given by the shipper subject to any government laws or regulations. The shipper, beneficial owner and consignee are jointly liable for all charges incurred and authorize DBA to effect customs clearance at DBA's option of any undelivered shipment for the express purpose of disposing of or selling the shipment on any commercially reasonable basis, to recover any unpaid charges for transportation or other charges. No such sale discharges the liability of any party for any deficiency for all costs incurred on the shipment.

STORAGE CHARGES

If a shipment is picked up or delivered to DBA and cannot be forwarded due to any reason, or upon request of the shipper, is held at origin or destination, DBA shall charge a storage fee of $.05 per pound or $.05 per cubic foot or a $10.00 minimum per day, whichever is greater, commencing at midnight of the first day after DBA shall possess the shipment.

LIABILITY FOR CHARGES AND LIEN

The shipper, consignee and beneficial owner are liable jointly and severally to DBA for any unpaid charges or charges disbursed for the shipment. DBA shall have a lien on the shipment for any amounts due and in the event of non-payment shall have the right to hold the shipment or any other shipment of the party, subject to storage charges, and dispose of the shipment or shipments at public or private sale and pay itself out of the proceeds of any sale. No such sale discharges the liability of any party for any deficiency.

TIME LIMITATIONS AND CLAIMS

If the consignee accepts the shipment without any notations of shortage or damage on the delivery receipt, this acceptance shall be prima facie evidence that the shipment was delivered complete and in good condition, and shall be a bar to the assertion of any claim for loss or damage. The following time limitations shall be applied if a claim is pursued:

Domestic Shipments – Claims must be presented to DBA in writing within 270 days of tender to DBA. Concealed damage to merchandise must be reported to DBA immediately upon discovery and no later than 3 days from the date of delivery whether or not damage to packaging was noted on the delivery receipt.

International Shipments – Claims for damage, both visible and concealed, must be presented to DBA in writing within 14 days from the date of delivery. Claims for non-delivery must be presented in writing within 120 days from the date of the issue of the air waybill.

Ocean Shipments – Claims for loss or damage, visible or concealed, must be presented to DBA in writing within 3 days from the date of delivery.

All Damage Claims - Immediately upon discovery of damage and prior to moving, all merchandise, shipping containers, and packaging must be made available to DBA for inspection.  Failure to comply shall bar any recovery. 

Freight charges must be paid in full before claims are considered.

Any right of action for any cause shall be extinguished if not brought within two years (Domestic and International Air Shipments) or within one year (Ocean) of the date of arrival at destination or the date on which the shipment should have arrived at destination, or the date on which the transportation stopped, whichever shall be the later date.  

Overcharge Claims Any claim for overcharge or duplicate billing must be made in writing and received by us within 60 days of the date of shipment and any action to enforce same shall be extinguished if not commenced within one year from the date of our denial of claim or any portion.

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