Abba Freight ~ Terms & Conditions
Terms & Conditions 1. Abba Freight Systems, LLC (herein referred to as Abba Freight) terms and conditions supercedes any/all Bills of Lading, invoices or packing slips used as shipping invoice by a customer for the express purpose of moving product from point of origin to point of destination. This includes all carriers and their agents bills of lading that carry the property herein or perform any other services incidental to such carriage on behalf of Abba Freight.
2. All shipments are subject to inspection for any reason deemed necessary by Abba Freight or its agents.
3. Abba Freight or it agents will not be responsible for any loss or damage pertaining to act of God, including but not limited to floods, fire, earthquake, mud slides and lightning, acts of public enemy, riots or strikes, act of public authority, the act or default of the shipper or owner, or the inherent nature of the goods.
4. Abba Freight or it agents will not be responsible for lass of profit due to delay, shortage or damage.
5. Abba Freight or its agents will not be liable for consequential damages, including but not limited to duties paid, air freight charges for replacement orders, fees or penalties due to job or production shut downs which result from on time service failure or any other special or unusual monetary damages not listed herein.
6. Abba Freight liability will default to that of a warehouseman in the event of non-delivery or non acceptance of delivery through no fault of Abba Freight or its agents after offer of delivery or notification there of has been attempted. Liability as a warehouseman begins at the time the property becomes undeliverable and ends when disposition is accomplished. Warehouseman monetary liability is not to exceed $.10 cents per pound.
7. Maximum claim liability is not to exceed $1.00 per pound with the exception of commodities listed under section 8 and 9 and unless different liability provisions have been negotiated and agreed to in writing prior to shipping.
8. Unless different liability provisions have been negotiated and agreed to in writing prior to shipment, Abba Freight maximum claim for the following commodities is not to exceed $.10 per pound: glass and or glass products, ceramic items, porcelain products, medical supplies, rugs, oriental carpets, auto and or motorcycle parts, engines of any kind, used or refurbished machinery or electronics, perfume or perfume products, toilet preparations, cosmetics, furniture of any kind, personal effects, plastic articles, shipments described as FAK, unpackaged items, coupons, aluminum casting or alloys, marble, animal skins, textiles, fabric cloth (uncut), printed matter, books, paper products, salvage or surplus items.
9. Restricted Articles: Antiques, articles of extraordinary value, artwork, bills of exchange, bonds, bullion coins, coin-operated games, corpses, cyanides, sulfides, currency, deeds, bullion, evidence of debt, furs, fur or fur trimmed clothing, cut or uncut gems, hazardous materials, jewelry, money, narcotics, pearls, precious metals, securities, stamps, postage or revenue watches or times pieces. If any of the above shipments are tendered and accepted inadvertently, the maximum liability for loss or damage will default to a maximum of $.50 per pound.
10. Unless otherwise specified in a separate written agreement made prior to shipping, shipments having prior or subsequent movement by air must be released to a value not exceeding $.50 per pound, including any occasion where a shipment without this released value is inadvertently accepted.
11. Undelivered or unclaimed shipments shall be subject to storage charges of $.35 per pound or a minimum of $35.00 per day, whichever is higher. Charges will begin on the date the customer has been offered a shipment for delivery and through no fault of Abba Freight or its agent shipment is either refused or unclaimed.
12. Any unclaimed or refused shipments which are not resolved within 48 hours of notification will have an undelivered freight notice issued. This notice will be delivered via certified mail to the shipper (owner of the goods) and consignee for disposition. If disposition is not received with 14 days of receipt of notice the goods will be subject to disposal or auction.
13. Claims filed against Abba Freight for reason of loss or damage must be filed in writing within one month after delivery. No claims will be honored if the carrier delivery receipt is signed without exception at time of delivery. Claims filed for failure to make delivery must be filed within nine months after a reasonable time frame has elapsed for delivery. Failure to file claims in accordance to these terms will not be honored.
14. All freight charges must be paid prior to claims being settled. No settlement will be paid if invoices are not paid.
15. Abba Freight will not accept collect on delivery shipments.
16. Abba Freight will NOT handle hazardous materials of any kind. Should a shipment be tendered without disclosure, shipper indemnifies Abba Freight and it agents against any and all claims caused by such goods tendered. Any and all documentation and all charges related to return or warehouse shipment will be at the shipper's expense.