International Air Terms and Conditions

KGR GLOBAL HOLDINGS, INC DBA KGR LOGISTICS

INTERNATIONAL AIR TERMS AND CONDITIONS OF CONTRACT OF CARRIAGE

 

  1. Introduction

 

KGR GLOBAL HOLDINGS, INC, together with its subsidiaries and affiliates (collectively “KGR Logistics”), is licensed as and operates as a Freight Forwarder and Indirect Air Carrier (“IAC”). In tendering shipment(s) for international air transportation, Customer agrees to be bound by these International Air Terms and Conditions of Contract of Carriage (“Terms and Conditions”); and indicates its understanding that the KGR LOGISTICS waybill, bill of lading or other shipping document utilized is non-negotiable. No agent or employee of the parties may alter these Terms and Conditions, unless in writing and signed by both parties.

 

This agreement shall utilize the following definitions:

 

  • “KGR LOGISTICS” includes the carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such
  • “CUSTOMER” means the party from whom the shipment(s) is received, any party requesting the shipment(s) be transported by KGR LOGISTICS, any party having an interest in the shipment(s), and any party who acts as an agent for the aforementioned
  • “SPECIAL DRAWING RIGHT” (SDR) is a monetary reserve currency created by the International Monetary Fund (IMF), and shall be defined and valued in accordance with prevailing IMF
  • “WARSAW CONVENTION” means whichever of the following instruments is applicable to the contract of carriage:
    • the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929;
    • that Convention as amended at The Hague on 28 September 1955;
    • that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be.
  • “MONTREAL CONVENTION” means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May

Carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not “international carriage” as defined by the applicable Conventions. To the extent not in conflict with the foregoing, carriage and other related services performed by each carrier are subject to applicable laws and government regulations.

 

The agreed stopping places (which may be altered by KGR LOGISTICS in case of necessity) are those places, except the place of departure and place of destination, set forth on the face hereof or shown in KGR LOGISTICS’s timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive carriers is regarded as a single operation.

 

Customer warrants and represents to KGR LOGISTICS that the information set forth on the face of the KGR LOGISTICS waybill, bill of lading(s), or other shipping document, or the information supplied to KGR LOGISTICS electronically regarding any shipment(s), is complete and accurate; and that each package and/or article in the shipment(s) is properly and completely described including correct weight and measurement, is adequately packaged to protect the enclosed goods from loss or damage with ordinary care in handling, is properly classified, described, packaged, marked and labeled and is in proper condition for transportation according to all applicable laws and regulations , including without limitation, all regulations governing the transportation of hazardous materials, regardless of mode of transport based on the current edition of the International Air Transport Association (IATA) Dangerous Goods Regulations, and in the case of shipments to or from the United States, all applicable regulations issued by the U.S. Transportation Security Administration (“TSA”) and the U.S. Department of Transportation (“DOT”). Customer’s violation of any of these warranties will excuse KGR LOGISTICS from any liability whatsoever for damage to any item(s) incurred as a result of such violation, and shall also cause Customer to be liable to KGR LOGISTICS for all claims, fines, penalties, damages, costs, or other sums, including reasonable attorneys’ fees, incurred by KGR LOGISTICS as a result of such violation.

 

2.               Liability

  • If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and in most cases limit the liability of KGR LOGISTICS in respect of loss of, damage or delay to Depending on the applicable regime, and unless a higher value is declared, the liability of KGR LOGISTICS shall be limited to 22 SDR per kilogram, converted into national currency under applicable law.
  • For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase the limitation of liability by declaring a higher value for carriage, but such options may be exercised only by specific written agreement made with KGR LOGISTICS prior to shipment, which agreement shall indicate the declared agreed value and the additional compensation for the added liability to be
  • For carriage to which neither the Warsaw Convention nor the Montreal Convention applies, KGR LOGISTICS’s liability shall be limited to 22 SDR per kilogram for cargo lost, damaged or delayed, unless a higher value is declared in advance by the Shipper and a supplementary charge is
  • Customer understands and agrees that the rates charged by KGR LOGISTICS for services do not include insurance or other compensation for loss or damage to cargo other than as expressly provided herein. KGR LOGISTICS may assist Customer, upon Customer’s request, with the placement of cargo insurance on Customer’s behalf. Unless requested by Customer in writing in advance of shipment, and such request is confirmed in writing by KGR LOGISTICS, KGR LOGISTICS is under no obligation to procure insurance on Customer’s behalf. Any such cargo insurance procured by KGR LOGISTICS on Customer’s behalf shall be subject to the applicable policy terms thereof, and KGR LOGISTICS shall not be liable if, for any reason, Customer is unable to recover a loss, in whole or in part, from the insurer under said policy, even if the premium charged by the insurer is different from KGR LOGISTICS’s charges to Customer for the coverage. Insurance coverage provided by KGR LOGISTICS will be assessed at a rate negotiated between the parties separate from any freight charges. Shipments must be packaged to withstand the normal hazards of transportation for any insurance claim to be
  • In the case of loss, damage or delay to a shipment, the weight to be used in determining the limit of KGR LOGISTICS’s liability shall be the weight used to determine the charge for carriage of such shipment.
  • In the case of loss, damage or delay to part of a shipment, the weight to be taken into account in determining the limit of KGR LOGISTICS’s liability shall be only the weight of the package or packages concerned.
  • In the case of loss of, damage or delay to part of a shipment, the shipment weight in 5 shall be prorated to the packages covered by the same air waybill whose value is affected by the loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.
  • Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.

3.               Liabilities Not Assumed

  • KGR LOGISTICS shall not, under any circumstances, be liable for punitive or exemplary damages, or for special, consequential, or indirect damages, including without limitation, damages arising from loss of profit, income, interest, utility, or loss of market, regardless of whether or not KGR LOGISTICS had knowledge that such damages might be
  • KGR LOGISTICS shall not be liable for loss, damage, delay or monetary losses of any type caused by: Acts of God; acts of public authorities acting with actual or apparent authority; strikes or labor disputes; weather; mechanical failures; aircraft failures; civil commotions or riots; acts or omissions of customs or quarantine officials; the nature of the freight or any defects thereof; acts of public enemies; hazards incident to a state of war; acts of terrorism; or acts, defaults, or omissions of Customer, the shipper or the consignee, including but not limited to improper packing, incorrect marking or incomplete or inaccurate shipping instructions, or failure to observe these Terms and Conditions or the rules relating to freight not acceptable for transportation or freight acceptable only under certain conditions as set forth in Section 5 below. In the event the foregoing liability exclusions are in conflict with the provisions of an applicable Convention, the provisions of such Convention shall govern.
  • KGR LOGISTICS shall not be liable for loss or damage to exterior packaging or outside shipping
  • KGR LOGISTICS will not accept for transportation any shipment or commodity prohibited by law. In addition, the following items are not acceptable for carriage and will not be accepted by KGR LOGISTICS: original works of art; antiques; bonds; coins of any kind, currency and currency equivalents; gems and stones (cut or uncut); industrial diamonds; gold or silver jewelry (other than costume jewelry); pearls; precious metals; negotiable securities; time sensitive written materials (such as contract bids and proposals); software licenses; electronic data (i.e., data stored on computers, discs, credit cards, etc.); one-of-a-kind articles, models or prototypes; original prints and lithographs; cement; fertilizer; fishmeal; live animals; live plants; human remains of any kind; nuclear fuels; fluorescent tubes; neon lighting; neon signs; or x-ray Except as otherwise provided in these Terms and Conditions, no employee or agent of KGR LOGISTICS has any authority to accept such articles for transportation or to waive the limitations contained herein.
  • Should KGR LOGISTICS inadvertently accept for transportation (A) any article(s) as defined in Section 3.5 herein or (B) articles with a purported declared value for which Customer has not secured KGR LOGISTICS’s prior approval as required in Section 2.2 above, KGR LOGISTICS’s liability for loss or damage shall be limited pursuant to the terms of Section 2 above for shipments on which no excess value has been

4.               Claims Process

  • No claims will be considered until all transportation charges have been paid. Claims may not be deducted from transportation charges and no claims may be deducted from any other charges owed to KGR LOGISTICS. KGR LOGISTICS reserves the right to deduct claim payments from open Customer When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.
  • In the case of loss, damage or delay to cargo, a written complaint must be made to KGR LOGISTICS by the person entitled to delivery or the Such complaint must be made: (i) in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo; (ii) in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery; (iii) in the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill, or (iv) if an air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by KGR LOGISTICS.
  • Formal claims, notices, and all related correspondence shall be filed with KGR LOGISTICS at 5353 W. Alabama Street Ste. 300, Houston, TX. 77056 or emailed to [email protected].
  • Unless a written complaint is made within the time limits specified in 2, no action may be brought against KGR LOGISTICS. Any rights to damages against KGR LOGISTICS shall be extinguished unless an action is brought within two (2) years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
  • Any claim for damage to Customer’s, the shipper’s, and/or the consignee’s premises incurred during performance of services by KGR LOGISTICS will be deemed untimely unless noted on the air waybill or other relevant shipping document or reported to KGR LOGISTICS in writing within 24 hours of service at that location. Failure of Customer, the shipper and/or the consignee to notify KGR LOGISTICS of any such damage in a timely manner will be grounds for declination of any such claim; and Customer, the shipper and/or the consignee will be barred from pursuing any such claim in a court of law or In order for KGR LOGISTICS to consider any such claim, KGR LOGISTICS must be allowed a reasonable opportunity to inspect the claimed property damage.

5 Legal

    • Customer guarantees payment of all charges for the carriage due in accordance with KGR LOGISTICS’s tariff, these Terms and Conditions, applicable laws (including national laws implementing the Warsaw Convention and the Montreal Convention), government regulations, orders and requirements. Customer, the shipper, and the consignee shall be liable jointly and severally for all charges incurred in connection with the transportation and/or handling of any shipment tendered to KGR LOGISTICS which shall include special handling fees, duties or taxes which have been advanced; and shall pay or indemnify KGR LOGISTICS for claims, fines, penalties, damages, costs (including but not limited to those for storage, handling, reconsignment, return of freight to the shipper, and other services) or other sums which may be incurred by KGR LOGISTICS by reason of any violation of these Terms and Conditions or any other default of Customer, the shipper or the consignee or their
    • KGR LOGISTICS shall have a continuing general lien upon all goods and documents in its possession, custody, or control or enroute for all amounts owed to KGR LOGISTICS, including all charges, expenses, duties, fines, penalties, or advances in connection with any shipment or other transaction involving Customer. This lien supplements KGR LOGISTICS’s other rights under any other agreements and/or applicable law and can be extinguished only by full and indefeasible payment of all secured amounts. If Customer defaults in the payment of any such amounts, then KGR LOGISTICS may sell such property by public auction or private sale. Any notice required to be given by KGR LOGISTICS of a sale or other intended action with respect to any goods or documents, made by sending same to Customer at least ten (10) days prior to any proposed action shall constitute fair, reasonable and adequate notice to Customer. Customer is liable for any deficiency from any
    • Any exclusion or limitation of liability applicable to KGR LOGISTICS shall apply to KGR LOGISTICS’s agents, employees, and representatives and to any person whose aircraft or equipment is used by KGR LOGISTICS for carriage and such person’s agents, employees and
    • KGR LOGISTICS undertakes to complete the carriage with reasonable dispatch. Where permitted by applicable laws, tariffs and government regulations, KGR LOGISTICS may use alternative carriers, aircraft or modes of transport without notice but with due regard to the interests of the Customer. KGR LOGISTICS is authorized by the Customer to select the routing and all intermediate stopping places that it deems appropriate or to change or deviate from the routing shown on the shipping documents. If Customer requests motor carrier service or if KGR LOGISTICS decides that Customer’s shipment should be transported by motor carriage rather than air for all or part of the transportation, KGR LOGISTICS shall arrange with authorized motor carrier(s) to perform such transportation (which, in the case of U.S. transport, shall be done either as an exempt carrier as defined by 49 S.C. § 13506(a)(8), or if not exempt, as “contract carriage” within the meaning of 49 U.S.C. § 13102(4)(b)) on the same cargo liability limitations and terms as contained in these Conditions. Customer expressly waives all rights and remedies it may have as to KGR LOGISTICS and its subcontractor motor carriers under 49 U.S.C. subtitle IV, part b (excluding §§ 13703, 13706, 14101 and 14103) to the full extent permitted by 49 U.S.C. §14101(b)(1), each as amended from time to time.
    • In the event any carrier, governmental agency, or other person makes a claim or institutes legal action against KGR LOGISTICS for air, motor, or other cargo revenue, fees, commissions, duties, fines, penalties, direct or indirect losses, actual, consequential, or liquidated damages, restitution, disgorgement, or other moneys arising out of a shipment of cargo of Customer, Customer agrees to defend, indemnify, and hold harmless KGR LOGISTICS for any amount KGR LOGISTICS incurs, including reasonable attorneys’ fees and other expenses in defending against such claim or legal action and in obtaining reimbursement from Customer, provided, however, that Customer’s obligations shall not apply to any claim or action caused solely by the negligence or intentional misconduct of KGR LOGISTICS. The confiscation or detention of the cargo by any governmental agency shall not diminish the obligation of Customer to pay KGR LOGISTICS, promptly on demand, all amounts owed under this paragraph or other charges or monies due.
    • These Conditions and any act or contract to which they apply shall be governed by the applicable Convention, the laws of the United States and of the State of Illinois, without regard to the choice-

of-law rules of Illinois or any other State. CUSTOMER AND KGR LOGISTICS AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF THESE TERMS AND CONDITIONS AND/OR THE PROVISION OF TRANSPORTATION SERVICES BY KGR LOGISTICS FOR CUSTOMER, WHETHER UNDER FEDERAL, STATE, LOCAL, OR FOREIGN STATUTES, REGULATIONS, OR COMMON LAW, SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS SERVING DUPAGE COUNTY, ILLINOIS, U.S.A.. CUSTOMER AND KGR LOGISTICS HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND WAIVE JURISDICTION OF ALL OTHER COURTS.

  • The Customer shall comply with all applicable laws and government regulations, including anticorruption laws such as, but not limited to, the S. Foreign Corrupt Practices Act (“FCPA”), the

U.S. Export Administration Regulations (“EAR”), the U.S. Anti-Boycott regulations, and the various

U.S. economic sanctions programs administered by the U.S. Treasury Office of Foreign Assets Control (“OFAC”). The Customer shall also comply with all applicable laws and government regulations of any country to, from, through or over which the cargo may be carried, including those relating to the licensing, classification, valuation, marking and other Customs requirements, packing, carriage, or delivery of the cargo. Pursuant to the foregoing, Customer shall furnish such information and attach documents to this air waybill as may be necessary to comply with such laws and regulations. Customer warrants that the cargo is properly marked, addressed, and packaged to withstand air transport and necessary ground transport. KGR LOGISTICS is not liable to the Customer for loss or expense due to the Customer’s failure to comply with this agreement. Customer shall indemnify and hold KGR LOGISTICS harmless against any and all claims, losses, or damages arising from the conduct of Customer or any of its officers, directors, employees, agents, owners, shareholders or other persons working for or with Customer under this agreement that constitutes a violation of the representations and warranties contained herein.

  • Customer, the shipper and the consignee shall hold KGR LOGISTICS and its agents harmless for loss, damage, delay or any monetary losses which are a result of the performance of auxiliary services (services which are performed prior or subsequent to transportation, including, but not limited to, local cartage, crating, uncrating, packing, warehousing, and unpacking) performed or arranged directly by Customer, the shipper or the consignee and not by KGR LOGISTICS. In the event that auxiliary services are performed by KGR LOGISTICS or its agents, under no circumstances will the liability of KGR LOGISTICS for any monetary loss resulting from the performance of such services be greater than the liability contained in these Terms and Conditions.
  • Customer, the shipper, and the consignee agree that any assistance that they or their agents, employees, contractors, or other affiliated parties may provide during the pick-up, transportation or delivery process will be at their own Customer, the shipper, and the consignee hereby assume the responsibility of notifying any related parties of the risks of assisting in any service being provided by KGR LOGISTICS. Customer, the shipper, and/or the consignee shall indemnify and hold harmless KGR LOGISTICS from any liability or claims resulting from the respective participation or assistance of Customer, the shipper, and/or the consignee or their agents, employees, contractors, or other affiliated parties in any service being provided by KGR LOGISTICS.
  • Section headings have been included in these Terms and Conditions for convenience of reference only and are not to be considered part of, or to be used in interpreting, these Terms and
  • In the event that this is not an international air shipment, KGR LOGISTICS’s maximum liability shall be the limit of liability established by the applicable conditions of contract as posted at kabilogistics.com/privacy-policy.

6.               Security, Compliance, Inspection

6.1 The TSA and other governmental authorities require that KGR LOGISTICS refuse to offer air transportation of any cargo where the shipper/customer does not consent to screening of the cargo. Such authorities consider all cargo tendered for air transportation subject to screening/search by KGR LOGISTICS, the transporting air carrier, or authorized government agencies. KGR LOGISTICS, the air carriers and such agencies may conduct screening of cargo from the date of the applicable shipping document. KGR LOGISTICS shall not be liable for loss, damage or delay due to opening of cargo, resulting physical inspection or repackaging arising out of any such screening by a government authority. This consent shall remain in effect for all cargo tendered to KGR LOGISTICS. For all shipments to/from the United States, 49 USC

  • 114 authorizes the collection of certain information pertaining to Customer, and any such information provided will be used to qualify Customer as a possible “known shipper”. Providing this information is voluntary; however, failure to provide the information will prevent qualifying as a known shipper. This information will be disclosed to TSA personnel and contractors or other agents including IACs in the maintenance and operation of the known shipper program. TSA may share the information with airport operators, foreign air carriers, IACs, law enforcement agencies and others in accordance with 5 USC § 552a. For additional details, see the system of records notice for the Transportation Security Threat Assessment System (DHS/TSA 002) published in the Federal Register. Any fraudulent or intentionally false statement or certificate may be subject to both civil and criminal penalties under 49 CFR Parts 1540 and 1548 and 18 USC § 1001, in addition to those penalties that may arise as a result of violations.