Terms and Conditions

TERMS AND CONDITIONS OF CONTRACT

In tendering this shipment, the Shipper authorizes consent to search this cargo and agrees to these Conditions of Contract, which no agent or employee of the parties may alter, and that this waybill is NON-NEGOTIABLE and has been prepared by the Shipper. The Shipper certifies and represents to TAZMANIAN that the information inserted on the face of this waybill is complete and accurate. It is agreed among the parties involved that the conditions of carriage for this shipment are governed by TAZMANIAN’s tariffs, available for inspection at TAZMANIAN’s offices, and are hereby incorporated into this contract. NOTE: Shipper in this contract means the party from whom the shipment is received, the party who requested the shipment be transported by TAZMANIAN, any party having an interest in the shipment, and anyone that acts as an agent for any of the above.
Shipper warrants that each package in this shipment is properly described on the waybill, is properly marked and addressed, is packaged adequately to protect the enclosed goods to insure safe transportation with ordinary care in handling, and except as noted, is in good order and condition. For articles shipped in unenclosed containers that are adequately packaged and marked to insure safe transportation with ordinary care in handling, TAZMANIAN shall not be liable for damage/loss unless abusive handling and/or loss is evident and is so noted on the delivery receipt at the time of delivery. NOTE: A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling.
At the time of delivery, the Consignee must note on the waybill any exceptions to the shipping containers that would indicate a discrepancy (i.e., shortage in the shipment, damage to the containers or possible damage to the contents of the containers). The Consignee may not inspect the contents of the shipping containers until the Consignee signs for the shipment on the delivery receipt. NOTE: Such notations as “subject to inspection” and “subject to recount” are not exceptions.
TAZMANIAN SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, INTEREST, UTILITY, OR LOSS OF MARKET, WHETHER OR NOT TAZMANIAN HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
Any and all claims against “Tazmanian’s 100% Customer Satisfaction Guarantee” must be received in writing within 48 hours of date and time of delivery.
Due to the inherent nature of the time-definite freight business, TAZMANIAN does not guarantee pick up, transportation, or delivery by a stipulated date or a stipulated time, nor shall TAZMANIAN be liable for the consequences of failure to do so.
All claims including overcharge, but excluding concealed loss/damage, must be received in writing by TAZMANIAN within one hundred eighty (180) days after TAZMANIAN accepted the shipment. Concealed loss/damage claims (i.e., claims for loss or damage discovered by the Consignee after delivery and after a clear receipt has been given) must be received in writing by TAZMANIAN within seventy-two (72) hours after delivery, or if perishables, verbally within twenty-four (24) hours. For damage claims or concealed loss claims, TAZMANIAN must be notified of the damage or concealed loss within seventy-two (72) hours of delivery and TAZMANIAN must be allowed the privilege to make inspection of the shipment and its container(s) and packaging material(s) at the delivery location shown on this waybill within 15 days after receipt of such notice. NO CLAIMS WILL BE ENTERTAINED UNTIL ALL TRANSPORTATION CHARGES HAVE BEEN PAID. Claims may not be deducted from transportation charges and no claims may be deducted from any charges owed TAZMANIAN. Legal action to enforce a claim must be brought within one year after the claim has been denied in writing by TAZMANIAN, in whole or in part.
TAZMANIAN’s liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $0.50 per pound, per piece, whichever is greater, of cargo lost, damaged, misdelivered, destroyed, or otherwise adversely affected. This limitation is subject to provisions as published in TAZMANIAN’s governing tariffs in effect at the time of this shipment. Declared values for carriage in excess of $0.50 per pound, per piece, shall be subject to an excess valuation charge. All declared value charges are payable regardless of the presence of the Shipper’s signature on TAZMANIAN’s waybill.
Unless each piece of the shipment has a declared value stated and is specifically identified on the TAZMANIAN waybill at the time of shipment and is so identified on the TAZMANIAN waybill as being lost, damaged, misdelivered, destroyed, or otherwise adversely affected at the time of delivery, TAZMANIAN shall be liable subject to tariff provisions in effect at the time of the shipment for the average declared value of the shipment multiplied by the packaged weight of the piece(s) adversely affected. The average declared value of the shipment shall be determined by dividing the total declared value of the shipment by the total weight of the shipment.
TAZMANIAN shall not be liable for loss, damage, delay, or penalties caused by: acts of God; public authorities acting with actual or apparent authority; strikes; labor disputes; weather; mechanical failures; aircraft failures; civil commotions; acts or omissions of customs or quarantine officials; the nature of the shipment or any defects thereof; public enemies; hazards incident to a state of war; acts of terrorism; and by acts, defaults, or omissions of the Shipper or Consignee for failure to observe the Terms and Conditions of Contract contained in this waybill, including, but not limited to improper packaging, marking, waybill information, and the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions as outlined below.
TAZMANIAN’s maximum liability for the following items is limited to $50.00 per shipment, or $0.50 per pound, per piece, whichever is greater: original works of art; antiques; bonds; coins of any kind; currency; furs; fur clothing; gems or stones (cut or uncut); industrial diamonds; gold or silver coined concentrates; jewelry (other than costume jewelry); money; pearls; precious metals; securities (negotiable); time-sensitive written material (i.e., bids, contract proposals, etc.); household goods and/or personal effects; and other such articles as provided in TAZMANIAN’s governing tariffs and service guide. TAZMANIAN shall not be liable for any delay or penalties resulting from the transportation of any of the foregoing articles, however described or misdescribed in this waybill, and no employee or agent of TAZMANIAN has any authority to waive the liability limitations herein contained. Any shipment prohibited by law will not be accepted for carriage.
TAZMANIAN is insured for aggregate losses at any one time, at any one place under a cargo policy with maximum limits of $1,000,000. For shipments valued over $250,000, TAZMANIAN must be notified prior to arranging for pick up.
Rates and charges for this shipment will be based on actual or dimensional weight, whichever is greater.
If this is an international shipment, liability rules under the Warsaw Convention shall apply, and TAZMANIAN accepts this waybill as a Shipper’s Letter of Instruction with authorization to prepare and sign on the Shipper’s behalf an international waybill. For international shipments, TAZMANIAN reserves the option to act as agent of the Carrier, instead of as a Forwarder, in which event the direct Carrier’s tariffs shall apply to this shipment. If the rules stated in the Warsaw Convention do not apply, Forwarder’s liability is limited to $9.07 per pound ($20 per kilogram) of the lost or damaged portion of the shipment.
C.O.D. amounts must be paid to the Carrier in cash, or by cashier’s check, certified check, money order, or if authorized by the Shipper in writing or by endorsement on the face of this waybill. TAZMANIAN will accept the Consignee’s check made payable to the Shipper (see below for cash limitations). The sole responsibility of TAZMANIAN shall be to secure the appropriate financial instrument as requested by the Shipper, and to exercise due care and diligence in forwarding it to the Shipper. TAZMANIAN is not a guarantor of the validity of the financial instrument.
Unless prior arrangements are made, the acceptance of cash by TAZMANIAN and its agent for payment of freight charges and/or C.O.D. amounts is limited to a maximum of $2,000 per shipment and/or per stop. Payment of freight charges and/or C.O.D. amounts in excess of $2,000 must be remitted by a cashier’s check, certified check, money order, or Consignee’s check as authorized by the Shipper in writing.
TAZMANIAN shall have the right to (i) substitute alternate carriers or other means of transportation; and (ii) select the routing or deviate from that shown on the face hereof.
This shipment is subject to inspection by TAZMANIAN; however, TAZMANIAN is not obligated to perform such inspection.
The Shipper, the Consignee, and their agents shall be liable jointly and severally for all unpaid charges associated with this shipment pursuant to this contract and to pay or indemnify TAZMANIAN for claims, fines, penalties, damages, costs (i.e., storage, handling, reconsignment, return of freight to Shipper, etc.), or other sums which may be incurred by TAZMANIAN by reason of any violation of this contract or any other default of the Shipper or Consignee or their agents. TAZMANIAN shall have the right to retain in its possession this shipment, or any subsequent shipment by the Shipper or Consignee or their agents as security for the payment of outstanding shipping charges owed by the Shipper or Consignee or their agents to TAZMANIAN. After thirty (30) days, TAZMANIAN is empowered by the Shipper, the Consignee, and their agents to sell such goods so held by reasonable commercial means and to apply the proceeds therefrom to the outstanding shipping charges. Any sums collected by TAZMANIAN in excess of such outstanding shipping charges and/or associated charges will be paid to the debtor. No sale pursuant to this rule will discharge any liability or lien to any greater extent than the proceeds thereof. The Shipper, the Consignee, and their agents shall remain liable, jointly and severally, for deficiency. Should TAZMANIAN bring legal action for the enforcement of this contract or collection of any sums due and payable under this contract, TAZMANIAN shall be entitled to reasonable attorney fees and costs.
All invoices not paid in full within thirty (30) days of invoice date will be subject to a charge of two percent (2%) per month of total invoice balance.
Shipper and Consignee shall hold TAZMANIAN and its agents harmless for loss/damage/delay which is a result of auxiliary services including, but not limited to local cartage, crating, uncrating, packing, and unpacking which are requested by the Shipper or Consignee and arranged by TAZMANIAN as a customer service unless such services are actually performed by TAZMANIAN or its agents. Such limitation of liability shall extend to the selection by TAZMANIAN of the providers of the auxiliary services. Auxiliary services are those which are performed prior or subsequent to transportation and which may be billed directly by the provider of the service or by TAZMANIAN. Providers of auxiliary services are contractors for the Shipper or Consignee and are not agents for TAZMANIAN. Local cartage is the movement of unpackaged/uncrated freight. NOTE: Under no circumstances will the liability of TAZMANIAN for loss/damage/delay which is a result of any auxiliary services performed by TAZMANIAN or its agents be greater than the liability contained in this contract.
Should TAZMANIAN successfully defend itself for any legal actions brought by any party with an interest in this shipment, TAZMANIAN shall be entitled to reasonable attorney fees and costs.
In the event of the failure or inability of the Consignee to take delivery of the shipment, TAZMANIAN will notify the Shipper at the address shown on this waybill and request disposition instructions. If the Shipper fails to provide disposition instructions within thirty (30) days after the date of TAZMANIAN’s notice, TAZMANIAN will return the shipment to the Shipper at the Shipper’s expense. If the Shipper fails to accept delivery of a shipment thus returned, TAZMANIAN may, upon thirty (30) days notice to the Shipper, dispose of the shipment at public or private sale and pay out of the proceeds to satisfy the transportation charges owing on the shipment. Any sums collected by TAZMANIAN in excess of such transportation and/or other associated charges will be paid to the debtor. No sale pursuant to this rule will discharge any liability or lien to any greater extent than the proceeds thereof. The Shipper, the Consignee, and their agents shall remain liable, jointly and severally, for deficiency.