Terms & Conditions
Domestic Conditions of Contract
Domestic Conditions of Contract
CONQUEST AIR, INC. (“CONQUEST”) U.S. DOMESTIC CONDITIONS OF
CONTRACT
1. In tendering the shipment described herein, the shipper agrees to these terms and conditions which no agent or employee of the parties may waive or alter, and agrees that this Conquest Air Waybill is non-negotiable, does not convey title to the goods transported and has been prepared by the shipper or prepared or completed by Conquest on behalf of the shipper.
2. Shipper warrants that all articles in the shipment are properly described on the Air Waybill and that the shipment is packed to ensure safe transportation with ordinary care in handling. Shipper warrants that any article susceptible to damage by ordinary handling, or as a result of any conditions normally encountered in air transportation, has been adequately protected by proper packing, markings, and labeling.
3. Conquest shall have the right, but not an obligation, to inspect all shipments. Consignee may not inspect or examine the contents of any part or any package in the shipment prior to signing for receipt of the shipment on the delivery copy of the Air Waybill.
4. The statements on this Air Waybill relating to the weight, dimensions, packing and number of packages in the shipment shall be prima facie evidence of the facts stated. Statements relating to the quantity, volume and condition of this shipment shall not constitute evidence against Conquest or any other Carrier unless such statements have been noted on the Air Waybill by Conquest in the presence of the shipper.
5. This Air Waybill and Conquest’s Official Rules, Regulations, Terms and Conditions (which are hereby incorporated and made part of this contract), rates and any government regulations applicable to the shipment shall apply at all times when the shipment is in the possession of Conquest and its agents.
6. Exclusion from Liability
Conquest shall not be liable for loss, damage, delay or other result caused by A.
i. Acts of God, perils of air, public enemies, public authorities acting with actual or apparent authority, authority of law, quarantine, riots, strikes, civil commotions, or hazards or dangers incident to state of war.
ii. The act of default of the shipper or consignee.
iii. The nature of the shipment, or any defect, characteristic or inherent vice thereof.
iv. Violation by the shipper or consignee of any of Conquest’s Official Rules, Regulations, Terms and Conditions.
v. Compliance with delivery instructions from the shipper or consignee.
vi. Shortage of articles loaded and sealed in containers by the shipper, provided the seal is unbroken at the time of delivery and the container retains its basic integrity.
⦁ In no event shall Conquest be liable to shipper or consignee for any indirect, special, punitive, incidental or consequential damages, including interest, lost revenues, lost profits or lost prospective economic advantage, whether or not foreseeable and whether or not based on contract, statutory liability, tort, warranty claims, or otherwise in connection wit the shipment, and shipper and consignee hereby releases and waives any claims against Conquest regarding such damages. This provision shall not limit Conquest’s right to refuse the shipment.
7. LIMIT OF LIABILITY
A. Shipper and/or consignee and all parties having an interest in the shipment agree that the value of the shipment shall be determined as follows, and that the total liability of Conquest and its agents, including liability for special or consequential damages, if any, shall in no event exceed the lesser of:
B.
a) 50 cents per pound/per shipment (but not less than $50.00 per shipment), unless the shipper declares a higher value on this Air Waybill at the time the shipment is tendered to Conquest, and an additional transportation charge as shown on this Air Waybill has been paid for the amount of declared value exceeding 50 cents per pound, or
b). The amount of any damage actually sustained.
8. Notice and Disposition of Property
1. A. If a shipment is unclaimed, Conquest will notify the shipper by mail at the address shown on the Air Waybill. Conquest will dispose of the shipment in accordance with instructions received from the shipper only, and at the shipper’s expense. If no instructions are received within 30 days after the date of mailing such notice, Conquest will dispose of the shipment at public or private sale.
2. B. If a shipper or consignee desires special notification when a shipment containing perishable property is delayed in the possession of Conquest, threatened with deterioration or unclaimed, instructions for such notification must be given on the Air Waybill. If such instructions are not given or cannot be reasonably complied with, Conquest will determine the routing or disposition (at public or private sale) of the shipment without further notice to the shipper or consignee.
3. Delivery
4. Signature on the delivery receipt of the Air Waybill by the consignee without complaint shall be prima facie evidence that the shipment has been delivered in good condition and in accordance with the Air Waybill and that the transaction is concluded.
5. Routing and Rerouting
6. In order to protect all property accepted for transportation, Conquest will determine the routing of any shipment not routed by the shipper. Conquest will change the routing in order to expedite the shipment via any other Carrier or other transportation agency. The transportation charges shall be no greater than the air freight charges from origin to destination via the route shown on the Air Waybill.
7. Schedules
8. Conquest has no obligation to commence or complete transportation within a certain time or according to any specific schedule, or to move connections with any other carrier, or for error in any statement of times of arrival or departure.
9. Availability of Equipment and Space
10. Conquest will transport, consistent with its capacity to carry, all property accepted for transportation. All shipments are subject to the availability of equipment of the size and type capable of handling the shipment. Passengers and their baggage and Air Mail shall at all times have transportation priority over air freight tendered for transportation. Conquest will determine, on a reasonable and not unjustly discriminatory basis, the priority for carriage among air freight shipments, and will decide which shipments shall not be carried on a particular flight and which shall be removed at any time or place whatsoever.
11. The C.O.D. amount must be entered by the shipper on the Air Waybill. Each piece in a C.O.D. shipment must be marked “C.O.D.” and show the total C.O.D. amount. All C.O.D. charges must be paid in cash, or by check made payable to the shipper. Under no circumstances will Conquest be responsible if a check proves to be counterfeit, forged, or is for any reason dishonored.
12. No charges of any description will be advanced to the shipper or consignee by Conquest.
13. Claim Procedure
A. In the case of loss of, damage or delay to cargo, a written complaint must be made to Conquest by the person entitled to delivery. Such complaint must be made:
i. in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo;
ii. in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery;
iii. in the case of non-delivery of the cargo, within 120 days from the date of issue of the Air Waybill, or if an Air Waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by Conquest.
B. Such complaint may be made to Conquest, or to the Carrier that performed the carriage during which the loss, damage or delay took place.
15. Limitation of Actions
A. Unless a written complaint is made within the time limits specified in 16.
B. above, no action may be brought against Conquest or any other Carrier involved in the transportation of the shipment.
C. Any rights to damages against Conquest shall be extinguished unless an action is brought within two years from the date the shipment arrived at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
International Conditions of Contract
International Conditions of Contract
CONQUEST AIR, INC.’S INTERNATIONAL CONDITIONS OF CONTRACT AND NOTICE CONCERNING LIMITATION OF LIABILITY
If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and in most cases limit Conquest Air, Inc.’s (“Carrier’s”) liability in respect of loss, damage or delay to cargo. Carrier’s limitation of liability in accordance with those Conventions shall be as set forth in subparagraph 4 unless a higher value is declared.
1. In this contract and the Notices appearing hereon:
“Carrier” includes the air carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage. Special Drawing Right (“SDR”) is a Special Drawing Right as defined by the International Monetary Fund. “Warsaw Convention” means whichever of the following instruments is applicable to the contract of carriage:
- The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929;
- That Convention as amended at The Hague on 28 September 1955;
- That Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be.
“Montreal Convention” means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999.
2. Carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not “international carriage” as defined by the applicable Conventions.
To the extent not in conflict with the foregoing, carriage and other related services performed by each Carrier are subject to:
(i). Applicable laws and government regulations.
(ii). Provisions contained in the air waybill, Carrier’s conditions of contract and related rules, regulations, and timetables (but not the times of departure and arrival stated therein) and applicable tariffs of such Carrier, which are made part hereof, and which may be inspected at any airports or other cargo sales offices from which it operates regular services. When carriage is to/from the USA, the shipper and the consignee are entitled, upon request, to receive a free copy of the Carrier’s conditions of contract. The Carrier’s conditions of contract include, but are not limited to:
- Limits on the Carrier’s liability for loss, damage or delay of goods, including fragile or perishable goods;
- Claims restrictions, including time periods within which shippers or consignees must file a claim or bring an action against the Carrier for its acts or omissions, or those of its agents;
- Rights, if any, of the Carrier to change the terms of the contract;
- Rules about Carrier’s right to refuse to carry;
- Rights of the Carrier and limitations concerning delay or failure to perform service, including schedule changes, substitution of alternate Carrier or aircraft and rerouting.
3. The agreed stopping places (which may be altered by Carrier in case of necessity) are those places, except the place of departure and place of destination, set forth on the face hereof or shown in Carrier’s timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive Carriers is regarded as a single operation.
4. For carriage to which neither the Montreal Convention does not apply, Carrier’s liability limitation for cargo lost, damaged or delayed, shall be 22 SDRs per kilogram unless a greater per kilogram monetary limit is provided in any applicable Convention or in Carrier’s ariffs or general conditions of carriage.
5. (A). Except when the Carrier has extended credit to the consignee without the written consent of the shipper, the shipper guarantees payment of all charges for the carriage due in accordance with Carrier’s tariff, conditions of carriage and related regulations, applicable laws (including national laws implementing the Warsaw Convention and the Montreal Convention), government regulations, orders and requirements.(B). When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.
6. (A). For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.
(B). In carriage to which neither the Warsaw Convention nor the Montreal Convention applies Carrier shall, in accordance with the procedures set forth in its general conditions of carriage and applicable tariffs, permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required.
7. In cases of loss of, damage or delay to part of the cargo, the weight to be taken into account in determining Carrier’s limit of liability shall be only the weight of the package or packages concerned.
(B). No with standing any other provisions, for “foreign air transportation” as defined by the U.S. Transportation Code:
- In the case of loss of, damage or delay to a shipment, the weight to be used in determining Carrier’s limit of liability shall be the weight which is used to determine the charge for carriage of such shipment; and
- In the case of loss of, damage or delay to a part of a shipment, the shipment weight in 7.b.i shall be prorated to the packages covered by the same air waybill whose value is affected by the loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.
8. Any exclusion or limitation of liability applicable to Carrier shaJl apply to Carrier’s agents, employees, and representatives and to any person whose aircraft or equipment is used by Carrier for carriage and such person’s agents, employees and representatives.
9. Carrier undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, Carrier may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the shipper. Carrier is authorized by the shipper to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the face hereof.
10. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.
A. In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such complaint must be made:
(i). in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo;
(ii) in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery;
(iii) in the case of non-delivery of the cargo, within 120 days from the date of issue of the Air Waybill, or if an Air Waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by Conquest.
B. Such complaint may be made to the Carrier whose air waybill was used, or to the first Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the loss, damage or delay took place.
C. Unless a written complaint is made within the time limits specified in 10 (a) no action may be brought against Carrier.
D. Any rights to damages against Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
11. Shipper shall comply with all applicable laws and government regulations of any country to or from which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall furnish such information and attach such documents to the air waybill as may be necessary to comply with such laws and regulations. Carrier is not liable to shipper and shipper shall indemnify Carrier for loss or expense due to shipper’s failure to comply with this provision.
12. No agent, employee or representative of Carrier has authority to alter, modify or waive any provisions of this contract
