In tendering the shipment for carriage, the customer agrees to these terms and conditions of carriage and that this air bill is NON-NEGOTIABLE and has been prepared by the customer or on the customer's behalf by Pony Express (Malta). As used in these conditions, PONY EXPRESS (MALTA) includes PONY EXPRESS (MALTA), all operating divisions and subsidiaries of Pony Express (Malta). and their respective agents, servants, officers and employees.
1. SCOPE OF CONDITIONS
These conditions shall govern and apply to all services provided by Pony Express (Malta), BY SIGNING THIS AIRBILL, and THE CUSTOMER ACKNOWLEDGES THAT HE/SHE HAS READ THESE CONDITIONS AND AGREES TO BE BOUND BY EACH OF THEM. Pony Express (Malta) shall not be bound by any agreement which varies from these conditions, unless such agreement is in writing and signed by an authorized officer of Pony Express (Malta). In the absence of such written agreement, these conditions shall constitute the entire agreement between Pony Express (Malta) and each of its customers. NO employee of Pony Express (Malta) shall have the authority to alter or waive these terms and conditions, except as stated herein.
2. Pony Express (Malta) OBLIGATIONS
Pony Express (Malta) agrees, subject to payment of applicable rates and charges in effect on the date of acceptance by Pony Express (Malta) of a customer's shipment, to arrange for the transportation of the shipment between the locations agreed upon by Pony Express (Malta) and the customer
Pony Express (Malta) reserves the right to transport the customer's shipment by any route and procedure and by successive carriers and according to its own handling, storage and transportation methods.
3. SERVICE RESTRICTION
a. Pony Express (Malta) reserves the right to refuse any documents or parcels from any person, firm, or company at its own discretion.
b. Pony Express (Malta) reserves the right to abandon carriage of any shipment at any time after acceptance when such shipment could possibly cause damage or delay to other shipments, equipment or personnel, or when any such carriage is prohibited by law or is in violation of any of the rules contained herein.
c. Pony Express (Malta) reserves the right to open and inspect any shipment consigned by a customer to ensure that it is capable of carriage to the state or country of destination within the standard customs procedures and handling methods of Pony Express (Malta). In exercising this right, Pony Express (Malta) does not warrant that any particular item to be carried is capable of carriage, without infringing the law of any country or state through which the item may be carried.
4. LIMITATION OF LIABILITY
Subject to Section 5 and 6 hereof:
a. Pony Express (Malta) will be responsible for the customer's shipment only while it is within Pony Express (Malta)'s custody and control. Pony Express (Malta) shall not be liable for loss or damage of a shipment while shipment is out of Pony Express (Malta)'s custody or control. Pony Express (Malta)'S LIABILITY IS IN ANY EVENT LIMITED TO ONE HUNDRED DOLLARS (US$100/=) or its equivalent per shipment unless a higher value is declared on the Airway bill at the time of tender and an additional charge is paid for, as assessed and determined by Pony Express (Malta), for each one Hundred Dollars (US$100/=) or fraction thereof, by which the insured value designated by the customer on the Airway bill exceeds One Hundred Dollars (US$100/=) per shipment.
b. Not withstanding the foregoing, should the customer, at the time of tender, declare a higher value than One Hundred Dollars (US$100.00) on the Airway bill, Pony Express (Malta)'S liability shall in any event be limited to the lower of the insured value or the amount of any loss or damage actually sustained by the customer.
c. The actual value of a shipment shall be ascertained by reference to its replacement, reconstitution or reconstruction value at the time and place of shipment, whichever is less, without reference to its commercial utility to the customer or to other items of consequential loss.
d. NOTWITHSTANDING ANY OF THE FOREGGOING, THE MAXIMUM INSURED VALUE ON ANY SHIPMENT ACCEPTED BY Pony Express (Malta) IS TEN THOUSAND DOLLARS (US$10,000.00) AND IN NO EVENT SHALL THE LIABILITY OF PONY EXPRESS (MALTA) EXCEED THAT AMOUNT.
5. CONEQUENTIAL DAMAGES EXCLUDED 5
Pony Express (Malta) SHALL NOT BE LIABLE, IN ANY EVENT,, FOR ANY CONSEQUENTIAL OR SPECIAL OR INCIDENTAL DAMAGE OR OTHER INDIRECT LOSS HOWEVER ARISING, WHETHER OR NOT PONY EXPRESS (MALTA) HAD KNOWLEDGE THAT SUCH DAMAGE MIGHT BE INCURRED, INCLUDING, BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.
6. LIABILITY NOT ASSUMED:
a. Pony Express (Malta) shall be not liable for any loss, damage, delay, misdelivery, nondelivery not caused by its own negligence, or for any loss, damage, delay, misdelivery or non-delivery caused by:
i. the act, default or omission the shipper or consignee or any other party who claims an interest in the shipment.
ii. the nature of the shipment or any defect, characteristic, or inherent vice thereof.
iii. violation by the shipper or consignee of any term or condition stated herein including, but not limited to, improper or insufficient packing, securing, marking or addressing, misdescribing the contents of any shipment or failure to observe any of these rules relating to the shipments not acceptable for transportation whether such rules are now or hereafter promulgated by Pony Express (Malta).
iv. Acts of God, perils of the air, enemies, public authorities acting with actual or apparent authority or law, acts or omission of postal, customs or other government officials, riots, strikes, or other local disputes, hazard incidents to a state of war, weather conditions, temperature or atmospheric changes or conditions, mechanical or other delay, of any aircraft used in providing transportation services or any other cause reasonably beyond the control of Pony Express (Malta).
v. Acts or omissions of any postal service, forwarder, or any other entity to whom a shipment is tendered by Pony Express (Malta) for transportation, regardless of whether the shipper requested or had knowledge of such third party delivery requirement.
vi. Electrical or magnetic injury, erasure, or other such damage to electronic or photographic images or recordings in any form, or damage due to insects or vermin.
b. While Pony Express (Malta) will endeavour to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules, Pony Express (Malta) will not under any circumstances be liable for delay in pickup, transportation or delivery of any shipment regardless of the causes of such delay.
7. MATERIALS NOT ACCEPTABLE FOR TRANSPORT:
a. Pony Express (Malta) will notify customer from time to time as to certain classes of materials which are not accepted by Pony Express (Malta) for carriage. It is the customer's responsibility to accurately describe the shipment on this Airbill and to ensure that no material is delivered to Pony Express (Malta) which has been declared to be unacceptable by Pony Express (Malta).
b. Pony Express (Malta) will not carry: property, the carriage of which is prohibited by any law, regulation or state or local government of any country from, to or through which the property maybe carried: and firearms, bullion, works of art, negotiable instruments in bearer form, jewelry, precious metals, precious stones, lewd obscene or pornographic material, currency, stamps, deeds, hazardous or combustible material, cashier's checks, money orders, travelers’ checks, industrial carbon and diamonds, antiques, plants, and animals.
c. In the event that any customer should consign to Pony Express (Malta) any such item, as described above, or any item which the customer has undervalued for customs purposes or misdiscribed, whether intentionally or otherwise the customer shall indemnify and hold Pony Express (Malta) harmless from all claims, damages, fines and expenses arising in connection therewith, and Pony Express (Malta) shall have the right to abandon such property and / or release possession of said property to any agent or employee of any national or local government claiming jurisdiction over such materials. Immediately upon Pony Express (Malta)'s obtaining knowledge that such materials infringing these conditions have been turned over to Pony Express (Malta) shall be free to exercise any of its rights reserved to it under this section without incurring liability whatsoever to the customer.
The packaging of the customer's documents or goods for transportation is the customer's sole responsibility, including the placing of the goods or documents in any container which may be supplied by the customer to Pony Express (Malta). Pony Express (Malta) accepts no responsibility for loss or damage to documents or goods caused by inadequate or inappropriate packaging. It is the sole responsibility of the customer to address adequately each consignment of documents or goods to enable effective delivery to be made. Pony Express (Malta) shall not be liable for delay in forwarding or delivery resulting from the customer's failure to comply with its obligations in this respect.
The customer is liable for all losses, damages and expenses arising as a result of its failure to comply with its obligations under this agreement as a result of its negligence.
Any rates quoted by Pony Express (Malta) for carriage are inclusive of local airport taxes, but exclusive of any value added taxes, duties, levies, imposts, deposits or outlays incurred in respect of carriage of the customer's goods. Should the customer indicate by endorsement in the space provided on the airbill that the receiver shall be liable for any customs duty, the customer shall be liable for such customs duty in the event of a default in payment by the receiver. Pony Express (Malta) will not be liable for any penalties imposed or loss or damage incurred due to the customer's documents or goods being impounded by customs or similar authorities and the customer hereby indemnifies Pony Express (Malta) against such penalty or loss.
Pony Express (Malta) will only carry documents or goods which are the property of the customer and the customer warrants that it is authorized to accept and is accepting these conditions not only on behalf of itself but as agent and on behalf of all other persons who are or may hereafter be interested in the documents or goods. The customer hereby undertakes to indemnify Pony Express (Malta) against any damages, costs and expenses resulting from any breach of this warranty.
ANY CLAIMS AGAINST Pony Express (Malta) MUST BE SUBMITTED IN WRITING TO THE OFFICE OF PONY EXPRESS (MALTA) NEAREST THE LOCATION WHERE THE SJHIPMENT WAS ACCEPTED, WITHIN SIXTY (60 DAYS) OF THE DATE OF ACCEPTANCE BY PONY EXPRESS (MALTA).
13. NON-DELIVERY OF SHIPMENT
Notwithstanding the shipper's instruction to the contrary, the shipper shall be liable for all costs and expenses related to the shipment of the package, and for costs incurred in either returning the shipment or warehousing the shipment pending disposition.
a. Pony Express (Malta) maintains cargo liability insurance to the full extent of the liability offered to the shipper.
b. At the request of the shipper and upon payment therefore at the then prevailing rates. Pony Express (Malta) will arrange insurance coverage on behalf of the shipper in an amount not exceeding Ten Thousand Dollars (10.000.00)
c. The insurance cover shall be governed by all the terms and conditions contained in the policy of insurance issued by insurance carrier. A certificate evidencing such insurance will be made available to the shipper.
d. CONSEQUENTIAL DAMAGES AND LOSS OR DAMAGE RESULTING FROM DELAYS IN TRANSPORTATION ARE NOT COVERED BY ANY SUCH POLICY OF INSURANCE.
15. WARSAW CONVENTION:
"Where the rules relating to liability established by the Warsaw convention or the cmr convention apply, the carrier's liability is governed by and shall be limited in accordance with such rules. Subject to applicable law, where the Warsaw convention or the cmr conventions do not apply, liability to loss or damage is governed by these terms& conditions and shall be limited to proven damages up to an amount not exceeding usd 100 / shipment."
THIS IS A NON NEGOTIABLE AIRBILL AL SERVICES PROVIDED ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE OF SHIPPER''S COPY. BY SIGNING THIS AIRBILL, THE SHIPPER ACKNOWLEDGES THAT HE/SHE HAS READ THESE CONDITIONS AND AGREES TO BE BOUND BY EACH OF THEM. Pony Express (Malta)'S LIABILITY IS LIMITED TO US$ 100.00 IN TENDERING THIS SHIPMENT SHIPPER AGREES THAT PONY EXPRESS (MALTA) SHALL NOT BE LIABLE FOR SPECIAL INCIDENTIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE CARRIAGE HEREOF, PONY EXPRESS (MALTA) DISCLAIMS ALL WARRANTIES. EXPRESS OR IMPLIED WITH RESPECT TO THIS SHIPMENT.