COMPENSATION / HYOSUNG EXPRESS
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AIR WAYBILL(AWB)
By tendering items to Hanjin Intermodal America, Inc. ("Hanjin Intermodal") for shipment, the Shipper identified on the face of this AIR WAYBILL, agrees to all the terms and conditions herein stated. This Waybill is non-negotiable and the Shipper acknowledges that it has been prepared by the Shipper or by Hanjin Intermodal on behalf of the Shipper. The Shipper warrants that it is the owner of the goods transported hereunder or it is the authorized agent of the owner of the goods. No agent or employee of Hanjin Intermodal or the Shipper may alter or modify any of the terms and conditions herein stated.
SHIPPER'S OBLIGATIONS AND ACKNOWLEDGEMENTS
a. The Shipper warrants that each article is properly described in this Air ensure safe transportation with ordinary care in handling.
b. The Shipper certifies that all information provided to Hanjin Intermodal orally; or set forth in this Air Waybill and any related documents, is accurate and complete.
c. The Shipper shall be solely liable for all costs and expenses related to the shipment and for costs incurred in either returning the shipment to the Shipper or warehousing the shipment pending disposition.
d. The Shipper agrees to indemnify and hold Hanjin Intermodal harmless for any claim, liability or expense arising from the Shipper’s failure to comply with any applicable law or regulations.
RIGHTS OF INSPECTION AND REJECTION: LIEN ON GOODS SHIPPED
a. Hanjin Intermodal reserves the right, but not the obligation, to inspect and to open any shipment. With regard to each shipment Hanjin Intermodal reserves the right to correct any under declaration of weight and to re-invoice the shipper accordingly.
b. The Shipper acknowledges that Hanjin Intemodal reserves the right to refuse or abandon the carriage or transportation of any shipment at its discretion of such shipment would be likely to cause damage or delay to other shipments, equipment or personnel; is economically or physically impracticable to transport; is improperly packed; or if the transportation of such shipment is prohibited by law or regulation of any federal, state or local government in the
origin or destination countries or is in violation of any rules contained in this Air Waybill or any provisions of Hanjin Intermodal’s General Conditions of Carriage of International Cargo.
c. Hanjin Intermodal shall have a lien on any goods shipped for all freight and storage charges, customs duties or penalties, advances or other charges of any kind arising out of transportation hereunder and may refuse to surrender possession of the goods until such charges are paid.
CUSTOMS COMPLIANCE
The Shipper warrants that all applicable customs, import, export and other laws and regulations, of all countries to, from, through or over which the shipment may pass have been complied with, Hanjin Intermodal is authorized (but under no obligation) to complete on the Shipper’s behalf any documents required to comply with such laws and regulations, and to act as the Shipper’s forwarding agent for customs and export control purposes.
Organization(ICAO)
b. No service shall be rendered in the transportation of any of the prohibited articles listed in the General Conditions of Carriage of International Cargo.
c. No services shall be tendered in the transportation of any article weighing more than 60 pounds or exceeding 100 centimeters in length, or exceeding a total of 160 centimeters and girth combined.
LIABILITIES NOT ASSUMED
a. Hanjin Intermodal shall not be liable for any loss, damage, mis-delivery or non-delivery due to Act of God, force majeure occurrences or any cause reasonably beyond the control of Hanjin Intermodal including, but not limited to, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, labor disputes, civil commotions, or-caused by the nature
of the shipment or other defect, characteristic, or inherent vice thereof (including electrical or magnetic injury, erasure, other such damage to electronic or photographic images or recordings in any form), or-caused by acts or omissions, (including, but not limited to, improper or insufficient packaging securing, making or addressing or the violation of any term or condition hereof) of the Shipper, the Consignee or any other party with an interest in the shipment.
b. Hanjin Intermodal shall not the liable, in any event for any consequential, special or incidental damages or other indirect loss however arising, whether or not Hanjin Intermodal had knowledge that such damages might be incurred, including but not limited to, loss of income, profits, interest, utility or item kept.
c. THE RULES RELATION TO LIABILITY ESTABLISHED BY THE WARSAW CONVENTION AND ANY AMENDMENTS THERETO SHALL APPLY TO THE INTERNATIONAL CARRIAGE OF ANY SHIPMENT HEREUNDER INSOFAR AS THE SAME IS GOVERNED THERE BY.
CLAIMS
a. The person entitled to deliver must make a complaint to Hanjin Intermodal in writing, in the case (i) of visible damage to the goods, immediately after discovery of the damage and at the latest within 14 days from receipt of goods, (ii) of other damage to the goods within 14 days from the date of receipt of the goods, (iii) of delay, within 21 days of the date the goods are placed at his disposal, and (iv) of non-delivery of the goods, within 120 days from the date
of the issue of the Air Waybill.
b. Except as otherwise provided in Hanjin Intermodal’s tariffs or conditions of carriage to which the Warsaw Convention does not apply, Hanjin Intermodal’s liability shall not exceed U.S.$20.00 or the equivalent per kilogram of goods lost, damaged or delayed, unless a higher value is declared by the shipper and a supplementary charge paid.
c. No claim for loss or damage will be entertained until all delivery and transportation charges have been paid. The amount of any such claim may not be deducted from any transportation charges owned by Hanjin Intermodal.
APPLICABILITY
These terms and conditions shall apply to and inure to the benefit of Hanjin Intermodal and its authorized agents and affiliated companies, and their officers, directors and employees.