1.   In tendering this shipment, Shipper specifically agrees to the terms and conditions of this contract. No agent or employee of the parties may bindingly alter this contract and that this tender in NON-NEGOTIABLE and has been prepared by shipper or on shipper’s behalf by Custom Global Logistics. It is mutually agreed that the conditions of carriage for this shipment are governed by Custom Global Logistics rules and regulations available for inspection at our offices and which are hereby specifically incorporated into this contract by reference as if written hereon and become a part of this airbill contract.

  2.   In tendering the shipment for carriage, the shipper warrants that the shipment is packaged to protect the enclosed goods and to insure safe transportation with ordinary care in handling and that each package is appropriately labeled, and is in good order for carriage as specified. Shipper also warrants that the commodity description is explicit and accurate.

  3.   Transportation of the shipment is subject to availability of equipment and space therein. Custom Global Logistics shall have the right to (i) substitute alternate Carriers or other means of transportation; and (ii) select the routing or deviate from that shown on the face of hereof. Custom Global Logistics does not guarantee commencement or completion of freight shipment within a specified term unless stated otherwise on billing.

  4.   When written instructions are received to collect cash, Custom Global Logistics reserves the right to accept cash, cashier’s check, certified check, money order or other instrument issued by or on behalf of the consignee. All checks (including cashier’s checks and certified checks) and money orders tendered in payment of C.O.D.’s will be accepted at the shipper’s risk including but not limited to risk of nonpayment and forgery and Custom Global Logistics shall not be liable upon such instrument.

  5.   Shipper’s instructions to collect a C.O.D. amount, will likewise be Custom Global Logistics instructions to declare a value of an amount equal to the C.O.D. amount in the event of loss or damage to all or part of the shipment to which the C.O.D. applied. Custom Global Logistics tariff rate for such insurance/declared value charges will likewise apply in addition to the normal C.O.D. fee.

  6.   The shipper, consignee, and the third party, if applicable, shall be liable, jointly and severally, (i) for all unpaid charges payable on account of a shipment pursuant to this contract, including the cost of collection, and (ii) to pay or indemnify Custom Global Logistics for all claims, fines, penalties, damage costs or other sums in which may be incurred by Custom Global Logistics by reason of any violation of this contract or any other default. In addition the shipper shall be liable for all costs in either returning the shipment to the shipper or warehousing the shipment pending disposition should the shipment be undeliverable.

  7.  All shipments may at Custom Global Logistics option, be opened and inspected.

  8.  Goods classified as hazardous materials are accepted subject to ability to arrange carriage on a direct carrier.

  9.   In consideration of Carrier’s rate for the transportation of any shipment which is in part dependent upon the declared value of the shipment, Custom Global Logistics liability of any kind whatsoever shall be limited to the lessor of:

a) The amount of any damages sustained or
b)

1) .50 per pound (where no value is declared) multiplied by the number of pounds of the shipment lost or damaged (but not less than $50.00 per shipment):

2) The declared value in case of loss or damage of the entire shipment (but not less than $50.00 per shipment): and in the event of loss or damage of part of the shipment, the average declared value per pound of the shipment multiplied by the number of pounds of that part of the shipment lost or damaged plus the amount of any transportation charges for which Custom Global Logistics has been paid for such part of the shipment lost or damaged.

  10.   Shipper may declare a higher amount on the entire shipment, in which case an additional transportation charge as set forth in the Rate Tariff shall be required. For shipments where the Declared Value is $50,000 or greater contact your local Custom Global Logistics office in advance for authorization.

  11.   As to the herein shipment described, the Custom Global Logistics shall not be liable for any loss or damage thereto or delay caused by an act of God, the public enemy, the authority of law, strikes, labor disputes, weather, mechanical aircraft failures, acts or omissions of customs or quarantine officials, the act or default of the owner or shipper, the inherent nature or vice of the shipment, or compliance or noncompliance with delivery or special instructions.

  12.   Custom Global Logistics SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF INCOME, WHETHER OR NOT Custom Global Logistics HAD PRIOR KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

  13.   The liability of Custom Global Logistics will be that of a warehouseman if the shipment is not picked up by the consignee within 48 hours after notice of its arrival is given to the consignee. In such event, Custom Global Logistics will hold the shipment subject to storage charges with the right to sell the shipment at public or private sale not less than 30 days after having given written notice thereof to the shipper. Forwarder will pay itself out of the net proceeds of the sale for all charges due it and remit the balance to the shipper.

  14.   As conditions precedent to recovery. (i) claims for loss or damages must be filed in writing with Custom Global Logistics within 180 days after the date of acceptance of the shipment by Custom Global Logistics and (ii) claims for overcharges or duplicate billing must be filed in writing with Custom Global Logistics within 180 days after the date of acceptance of the shipment by the consignee. No claim for loss or damage will be entertained until all transportation charges have been paid.

  15.   As a condition precedent to recovery any damage or loss discovered after a clear receipt has been given to Custom Global Logistics must be reported in writing to Custom Global Logistics within 12 days after delivery to the consignee, with privilege to Custom Global Logistics to inspect the container(s) and contents within 15 days after receipt of such notice. Merchandise must be retained in original container box.

  16.   Custom Global Logistics shall not be liable unless an action is brought within (2) years after the date written notice is given to the claimant that Custom Global Logistics has disallowed the claim in whole or in part.

  17.   Shipper and/or consignee agree to pay Custom Global Logistics reasonable attorney’s fees and costs of collection together with interest at the rate of 15% per annum in the event shipper or consignee fail to pay the invoice for this shipment when due.

  18.   Parties consent to jurisdiction and agree that any claims or legal action of whatever nature brought by or against Custom Global Logistics for whatever reason, must be brought in the Circuit Court of Cook County in the state of Illinois or in the United States District Court for the Northern District of Illinois and no other courts shall have jurisdiction over any such action.

  19.   All shipments where shipper elects TL or LTL service are subject to the terms and conditions of the Uniform Straight Bill of Lading as published by the National Motor Freight Traffic Association and the terms set forth above where consistent.