*CaPEx Terms and Conditions as stipulated at the back of the airwaybill.
IMPORTANT NOTICE TO CUSTOMERS
CARGO PADALA EXPRESS FORWARDING SERVICES CORPORATION (CaPEx), its employees and agents shall not assume liability for losses and damages under circumstances stated under condition No. 9. In the event that CaPEx is made liable, the limit of its liability shall be strictly limited to the amount stated under Condtion No. 6. Customers are therefore advised to purchase cover to ensure that they are fully insured.
TERMS AND CONDITIONS
By tendering the materials for shipment via CaPEx and manifested thru this Air Waybill, the Shipper agrees to the terms and conditions stated herein. No employees or agent of CaPEx may alter, deviate from anything indicated and stipulated under these terms and conditions.
- CONSIGNMENT NOTE or Air Waybill: This Air Waybill is NON-NEGOTIABLE and the Shipper acknowledges that it has been prepared by the Shipper or by CaPEx representative on behalf of the Shipper. The Shipper warrants that it is the owner of the goods transported or it is the authorized agent of the goods, that it hereby accepts CaPEx terms and condition for itself for and agent and on behalf of any person having interest in the shipment. In case of shipment I Credit, an official receipt shall be issued by CaPEx aside from the previously issued consignment note on Air Waybill, upon full payment of the amount indicated therein.
- SHIPPER/S’ OBLIGATION AND ACKNOWLEDGEMENTS: This Shipper warrants that each article in the shipment is properly described on this Air Waybill and has not been declared by CaPEx to be unacceptable for transport as listed under Condition 3, and that the shipment is properly marked, addressed and packed to ensure safe transportation with ordinary care in handling. The Shipper hereby acknowledges that CaPEx may abandon and/or release any item for shipment declared unacceptable without incurring any liability whatsoever to the Shipper, and the Shipper shall not hold CaPEx liable for all indemnities, claims, damages, liens and expenses arising therefrom. The Shipper shall be solely liable for all costs and expenses related to the shipment and for the cost incurred in, either returning the shipment to the Shipper or warehousing the shipment pending disposition. The Shipper acknowledges that CaPEx reserves the right to refuse or abandon the carriage or transportation of any goods for any person, firm, company and that carriages or transportation of any class of goods at its discretion. The Shipper acknowledges the right of CaPEx: a.) to dispose highly perishable cargo if it remains unclaimed for twenty four hours after its arrival at the airport of destination; b.) to dispose non-perishable cargo if it remains unclaimed for thirty (30) days from the date of its arrival to its destination. CaPEx assumes no obligation to release the cargo unless the corresponding storage and other fees are paid. If any, to CaPEx, storage charge is to be computed Php 1.00 multiple by the number of days in excess of five (5) days from its date of arrival and multiplied by its actual weight.
- PROHIBITED SHIPMENT: Any corrosive material, inflammable item, acid chemicals, toxic liquids, prohibited drugs, narcotics, dangerous articles, easily breakable items, perishable goods, cash money orders, treasury warrants, cashier’s explosives and other articles prohibited for shipment or carriage as defines by Philippine laws, Glass China wares, casting and other good which are brittle or fragile on nature or unprotected pieces including demijohns of all kinds are accepted for shipment only at OWNER’S RISK.
- RIGHT INSPECTION OR SHIPMENT: CaPEx has the right but in no way obligated to inspect any shipment including and without limitation to opening of the shipment.
- LIEN ON GOODS SHIPPED: CaPEx shall have a lien on all goods shipped for freight charges and/or advances of other charges of any kind of arising out of transportation hereunder and may refuse to surrender possession.
- LIMITATION OF LIABILITY: Without prejudice to Condition 8, the liability of CaPEx for any loss or damages to shipment which terms shall include all documents or parcels to be delivered by CaPEx, under this Airwaybill is limited to the following, whichever is the least:
• Php 500 is the maximum liability. To obtain higher limits of liability, Shipper must declare a greater value with corresponding additional freight charges, cost of liability not exceeding Php 800 under Air Waybill. In cases where customers wish to ship cargoes with declared value exceeding Php 800 value will have to make special arrangement with CaPEx to facilitate endorsement of coverage from its insurance Company prior to acceptance of shipment. The liability of CaPEx shall be subsidiary only to that of the insurer which covered the shipped cargo, the insurance being made in favor of the shipper and/or consignee.
• The amount of loss or damage to a document or parcel, actually sustained or
• The actual value of the document as determined under Condition No. 7 whereof, without regard to each commercial utility or special value to the Shipper.
• The declared value by the Shipper as appearing on the Airwaybill.
CONSEQUENTIAL DAMAGES EXCLUDED: CaPEx shall not be liable in any event for any consequential or special damages or other indirection, however arising, whether or not CaPEx had no knowledge that such damages might be incurred including, but not limited to loss of income, profits, interest, utility or loss of market.
LIABILITIES NOT ASSUMED: While CaPEx will endeavor to exercise its best effort to provide expeditious delivery in accordance with regular delivery schedules, CaPEx will not under any circumstances be liable for delay in pick-up, transportation or delivery of any shipment, regardless of the cause of such delay. Further, CaPEx shall not be liable for any loss, damages, mistaken delivery or non-delivery.
• The actual value of a document (which term include any item of no commercial value) which is transported hereunder, shall be ascertained by the reference to its cost preparation, replacement, reconstruction or reconstitution at the time and place of shipment, whichever is less.
• The actual value of parcel (which term shall include anything of commercial value) which is transported hereunder, shall be ascertained by reference to its cost of repair and replacement, resale at fair market value at the time and place of shipment whichever is less. In no event shall be such value exceed the original cost of the article paid by the Shipper plus 10%.
• Due to Acts of God, force majeure occurrence or any cause on reasons beyond control of CaPEx or;
• Caused by:
- The act of default or omission of the Shipper, the consigning or any other party who claims an interest, including violation of any term or condition hereof or of any person other than CaPEx regardless of whether the Shipper requested or had acknowledge of such third party delivery arrangement.
- The nature of the shipment or other defect, characteristics or inherent vice thereof.
- The electrical or magnetic injury, erasure or other such damage to electronic photography images or recordings in any form.
APPLICABILITY: Terms and conditions shall apply to insure to the benefit of CaPEx and its authorize agents and affiliated companies and their offices, directors and employees.
GOVERNING LAW AND VENUE: This agreement shall be governed by and construed in accordance with the laws of the Philippines, without regard to any conflicts of law. Exclusive jurisdiction over venue of any suit arising out of relating to this agreement shall be in Pasay City, Philippines.
*CaPEx Policy as stipulated at the lower front portion of airwaybill.
• Any claim must be notified to CaPEx Corporate Affairs Department within 24 hours from the time of acceptance and must be brought by the Shipper and presented in writing to the office of CaPEx at Head Office in Domestic Road, Pasay City at which the shipment was accepted by CaPEx within 7 days from the date of acceptance. Claims made beyond the 7 days period from the time of acceptance of shipment by CaPEx may no longer be entertained.
• No claim for loss or damage will be entertained until all transportation charges have been paid. The amount of any such claim may not be deducted from any transportation or freight charges due to CaPEx.
• If the shipment shows signs of tampering at the time of delivery to consignee, any claim for loss or damage of any document may not be entertained and considered valid provided the consignee notes the said loss or damage on the Proof of Delivery or Carrie’s Duplicate Copy.
IN ACCEPTING THIS WAYBILL, the Shipper, Consignee, Holder hereof and Owner of the goods agreed to be bounded by all its stipulation and conditions whether written, printed or stamp on the front or back hereof, as well as the provisions of above Forwarder’s Tariff Rules And Regulations, as fully as if they were all signed by Shipper, Consignee, Holder or Owner.
NOTES: 1. Shipper’s Risk for any Valuable Cargo (Electronic like computers, cellphones) on LCL (Less Container Load) Seafreight Transport Mode. 2. Shipper’s Risk for breakable cargoes. 3. No payment of FC/COD upon delivery, cargo shall not be released.