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.