BILL OF LADING TERMS AND CONDITIONS

In tendering this shipment for carriage and other services, the Shipper agrees to these TERMS & CONDITIONS OF CONTRACT which no agent or employee of the parties may alter. This S.A.I. Bill of Lading is non-negotiable, and has been prepared by the Shipper or on the Shipper's behalf by SHIP/ART Inc. As used in this contract, "Carrier" and S.A.I. means SHIP/ART Inc., and its authorized agents.

Carriage and other services performed hereunder are subject to these conditions and to the rates, rules and classifications set forth

Shipper confirms that it is the owner or authorized agent of all items being shipped, and if acting on behalf of any co-owners, has full authority to bind all other such parties in interest to all terms and conditions of the instant agreement.

If packaged by Shipper, Shipper warrants that the shipment is packaged to protect 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 (exceptions to be noted). Carrier retains the right to inspect all shipments. Exercise of such right will not be construed to constitute any form of approval or control over any method or form of packing utilized by shipper.

Liability for shipments will not be assumed in cases of damage to works improperly packaged, and said shipments will be accepted only on a "hold harmless" basis. Shipper acknowledges that it has advised S.A.I. in writing of any unusual properties or characteristics of any item shipped, and has done so in recognition that during the course of shipment, such goods may be subject to extraordinary conditions of temperature, pressure, movement and impact that will be beyond the control of S.A.I., and Shipper agrees to hold S.A.I. harmless for any damage or injury caused by same.

S.A.I. shall not be liable for loss, damage, delay or other results caused by a) acts of Nature, public enemies, public authorities acting with actual or apparent authority, authority of law, quarantine, riots, strikes, civil commotion, or hazards or dangers incident to a state of war or mechanical failure; b) the act of default of the Shipper or Consignee, including any breach of the warranty set forth in Paragraph 3) above; c) the nature of the shipment, or any defect, characteristic or inherent vice thereof; d) violation by the Shipper or Consignee of any of the these conditions of Contract , e) compliance or non-compliance with delivery or special instructions.

Damage and/or loss must be reported in writing to S.A.I. within 36 hours from the date of delivery, with privilege to S.A.I. to inspect the shipment and its container(s) and packing materials within 15 days after receipt of such notice.

No claims with respect to a shipment, any part of which is received by the Consignee will be entertained until all transportation charges have been paid. Claims may not be deducted from transportation and other charges.

S.A.I. shall not be liable for special or consequential damages, including but not limited to loss of profits, income, utility, interest or loss of market whether or not S.A.I. had knowledge that such damage might be incurred.

In consideration for the rates charged, Shipper agrees that the carrier's liability in the absence of a higher declared value in writing with applicable valuation charges paid, is limited to $ .60 (sixty cents) per pound of damaged or lost goods (but not more that $50.00 per shipment) unless a higher value is declared in writing and applicable valuation charges paid. Shipper acknowledges that it has been advised of the advisability of securing and maintaining its own separate and complete insurance coverage and by acceptance hereof, has either elected to do so or has unilaterally declined to do so.

If a shipment involves international transportation, S.A.I.'s liability shall be limited to $9.07 per pound, $20.00 per kilogram of cargo lost or damaged unless a higher amount is declared on the face of this bill and the Warsaw Convention may govern and thereby limit our liability. S.A.I. reserves the option to act as agent of the Shipper, instead of as a forwarder, in which event the direct carrier's tariffs shall apply to this shipment.

The Shipper, Consignee and owner shall be liable , jointly and severally, a) for all unpaid charges payable on account of shipment pursuant to this contract, and b) to pay or indemnify S.A.I. for all claims, fines, penalties, damages, costs or others sums which may be incurred by S.A.I. by reason of any violation of this Contract or any other default of the Shipper Consignees ,owner or their agents.

S.A.I. shall have a general lien on any and all property of the Customer in its possession/custody or en route for charges, expenses or advances incurred by S.A.I. in connection with any transaction handled by S.A.I. for the Customer, and if such claim remains unpaid for Thirty (30) days, after demand for payment is made, S.A.I. may sell at public or private sale, without notice to the Customer the goods and or property of the Customer, or so much thereof as may be necessary to satisfy such a lien, and apply the net proceeds of such sale to the payment of the amount due to S.A.I.. Any surplus remaining form such sale shall be transmitted to the Customer and the Customer shall be liable for any deficiency.

In the event of the failure or inability of the Consignee or their agents to take delivery of the shipment, S.A.I. will at its discretion, either re-attempt delivery, store shipment , or return to Shipper. Shipper shall be liable for all costs associated with these activities if Consignee does not accept shipment. If Shipper , after written notification to the address on the face of this bill, fails to provide instructions as to the disposition of the shipment, S.A.I. may , upon 30 days written notice to Shipper, dispose of the shipment at a public or private sale and pay itself out of the proceeds to satisfy the transportation, storage, and associated charges owing on this shipment.

Shipper shall be responsible for all costs, including reasonable attorney's fees, incurred by S.A.I. in collecting the charges due from Shipper to S.A.I. pursuant to this bill. Shipper is also responsible for all costs for "COLLECT" shipments via S.A.I. if deemed uncollectible from consignee after 30 days.
Quotations as to freight charges, insurance premiums and/or other charges given by S.A.I. to the Customer are for information purposes only and are subject to change without notice, and shall not, under any circumstances be binding upon S.A.I. unless S.A.I. specifically undertakes in writing, to handle the transaction at a specific fixed rate without change.
Terms of payment; charges are due on date of invoice. A service charge of 10%,APR or the maximum allowable by law, will be charged on all past due charges exceeding 30 days.