Address, City, State, Zip {/addr}___________________________________________________________________________________
Account Number {/acctno}_________________________, Registration/Meter Number {/s}{/meter}_______________________
Customer hereby agrees to be bound by the following terms and conditions to use FedEx Ship to ship its documents and packages via FedEx delivery services to destinations located outside the United States.
Section 16. International Shipments.
(a) Printed Signature. Customer acknowledges that if FedEx Ship is used to process shipments to locations outside the United States, FedEx Ship may be programmed to print in lieu of a manual signature on an International Air Waybill the name of the person executing this Agreement on behalf of the customer, and such printed name shall be sufficient to constitute signature of the Air Waybill and acceptance of the terms and conditions of carriage on behalf of Customer for purposes of the Warsaw Convention and for all other purposes. Customer agrees to immediately notify FedEx if the person executing this Agreement leaves the employ of Customer for any reason.
(b) Customer Warranty. Customer warrants that each article in each shipment will be properly described on this Air Waybill and is acceptable for transport by FedEx, and that the shipment is properly marked, addressed and packed to ensure safe transportation with ordinary care in handling.
(c) Air Carriage Notice. If the carriage of Customer's shipment by air involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, an international treaty relating to international carriage by air, may be applicable, which treaty would then govern and in most cases limit FedEx's liability for loss or delay of or damage to Customer's shipment. In the U.S., the Warsaw Convention limits FedEx's liability to U.S. $9.07 per pound (U.S. $20.38 per kilogram), unless a higher value for carriage is declared as described below. The interpretation of the Warsaw Convention's liability limits may vary in other countries. There are no specific stopping places which are agreed to and FedEx reserves the right to route the shipment in any way FedEx deems appropriate.
(d) Road Transport Notice. Shipments transported solely by road or from a country which is party to the Convention on the Contract for the International Carriage of Goods by Road (the "CMR") are subject to the terms and conditions of the CMR, not withstanding any other provisions of the Agreement to the contrary.
(e) Limitation of Liability. If not governed by the Warsaw Convention or the CMR as described above, FedEx's maximum liability for loss, damage or delay is limited by this Agreement to U.S. $100 per shipment or U.S. $9.07 per pound (U.S. $20.38 per kilo) (or equivalent local currency), whichever is greater, unless you declare a higher value for carriage as described below. FedEx does not provide cargo liability or all-risk insurance, but you may pay an additional charge for each additional U.S. $100 (or equivalent local currency) of declared value for carriage. If a higher value for carriage is declared and the additional charge is paid, FedEx's maximum liability will be the lesser of the declared value for carriage or Customer's actual damages.
(f) Liabilities Not Assumed. IN ANY EVENT, FedEx WON'T BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, IN EXCESS OF THE DECLARED VALUE FOR CARRIAGE (INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS) WHETHER OR NOT FedEx HAD ANY KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED. FedEx won't be liable for Customer's acts or omissions, including but not limited to incorrect declaration of cargo, improper or insufficient packing, securing, marking or addressing of the shipment, or for the acts or omissions of the recipient or anyone else with an interest in the shipment. Also, FedEx won't be liable if Customer or the recipient violate any of the terms of our Agreement. FedEx won't be liable for loss of or damage to shipments of cash, currency or other prohibited items. FedEx won't be liable for loss, damages or delay caused by events FedEx cannot control, including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities (including customs and health officials) with actual or apparent authority.
(g) Right to Inspect. Customer's shipments may, at FedEx's option or at the request of governmental authorities, be opened and inspected by FedEx or such authorities at any time.
(h) Responsibility For Payment. Even if Customer gives us different payment instructions, you will always be primarily responsible for all charges, including transportation charges, and all duties, custom assessments, governmental penalties and fines, taxes, and FedEx's attorney fees and legal costs, related to this shipment. Customer also will be responsible for any costs FedEx may incur in returning Customer's shipments to Customer or warehousing it pending disposition.
(i) Customs Clearance. Customer hereby appoints FedEx as Customer's agent solely for performance of customs clearance and certifies FedEx as the consignee for the purpose of designating a customs broker to perform customs clearance. In some instances, local authorities may require additional documentation confirming our appointment. It is Customer's responsibility to provide proper documentation confirmation, where required. Customer is responsible for and warrants its compliance with all applicable laws, rules and regulations, including but not limited to custom laws, import and export laws and government regulations of any country to, from, through or over which Customer's shipments may be carried. Customer agrees to furnish such information and complete and attach to the shipments such documents as are necessary to comply with such laws, rules and regulations. FedEx assumes no liability to Customer or any other person for any loss or expense due to Customer's failure to comply with this provision.
(j) Letter of Instruction. If Customer does not complete all the documents required for carriage or if the documents submitted are not appropriate for the services or destination requested, Customer hereby instructs FedEx, where permitted by law to complete, correct or replace the documents for Customer at Customer's expense. However, FedEx is not obligated to do so. If a substitute form of air waybill is needed to complete delivery of Customer's shipment and FedEx completes that document, the terms of this Agreement will continue to govern. FedEx is not liable to Customer or any other person for FedEx's actions on Customer's behalf under this provision.
(k) Export Control. Customer authorizes FedEx to act as forwarding agent for Customer for export and customs purposes. Customer hereby certifies that all statements and information contained on all Air Waybills relating to exportation are true and correct. Furthermore, Customer understands that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements or for the violation of any United States laws on exportation, including but not limited to, 13 U.S.C. ñ 305; U.S.C. ñ401; 18 U.S.C. ñ1001; and 50 U.S.C. App. 2410.
(l) Air Waybill Format and Design. Pursuant to the terms and conditions of this Agreement, FedEx agrees to permit Customer to generate on Customer's equipment FedEx Air Waybills for Customer's sole use, subject at all times to the prior written approval of FedEx of the format, content and layout of such Air Waybill. Customer agrees to immediately discontinue producing such Air Waybills at any time upon request by FedEx.
Section 17. Incorporation. All terms and conditions contained in the FedEx Ship License provided to Customer during the registration process for FedEx Ship are incorporated herein by reference, are ratified and confirmed, and apply to Customer's shipments tendered to FedEx for carriage to locations outside the United States pursuant to this Agreement.
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Section 18. Validity of Agreement. This Agreement has been presigned by FedEx and shall only be binding upon FedEx when executed by Customer if Customer has made no additions, deletions or changes to the Agreement. Any additions, deletions or changes by Customer will have no effect and will not be binding upon FedEx unless Customer receives in writing FedEx's consent to such additions, deletions or changes.
