The international Carriage by Air provided by Latin Logistics LLC doing Business as “Avianca Express“ here in (The Carrier or Avianca Express), is subject to the following clauses, in addition to any other terms and conditions printed in the airway bill. By sending the Shipment for service, the consignor agrees the present Agreement and the terms and conditions of the airway bill.
CLAUSE ONE: DEFINITIONS
Consignor: The person that send a shipment by Avianca Express services.
Consignee: Shall mean the person to whom is delivery the shipment by the consignor.
Shipment or cargo: The package to be carriage by Avianca Express.
Applicable Law: The Convention for the Unification of Certain Rules Relating to the International Carriage by Air, signed in Warsaw Indiana on 1929 and its modifications, or the Montreal Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on 1999.
CLAUSE TWO: OBJECT
The object of this Agreement is to stablish all rights and obligations of the consignor and of Avianca Express, herein the parties, and the rights and obligations of the consignee in accordance with Montreal Convention.
CLAUSE THREE: PRICE OF THE SERVICE
The price of the service will be charge to the consignor or the consignee in accordance with the product acquired, and it is describe in the airway bill as Total Due. The Total Due results from adding the tariff of the product plus the higher weight of the shipment (between real weight and volume weight), plus the declared value/insured value.
The Price of the service must be paid by the consignor at the imposition of the carriage or the shipment except the consignor requires that the price of the service must be charge to the consignee and Avianca Express accept it. The service must be paid in cash except Avianca Express accept other payment methods.
Additional charges may be assessed by Avianca Express, for readjustments of the declared value, customs clearance, storage, taxes or others required by the authorities.
CLAUSE FOUR: CUSTOMS CLEARANCE AND TAXES
The consignor and the consignee are liable for all expenses and charges generated for the customs clearance process and all taxes generated at the country of origin and destination of the shipment.
The consignor is responsible to compliance all applicable laws for export and import control requirements and must provide Avianca Express all documents required by the laws of the origin and destination countries for export and import of the shipment.
The consignor is liable for the correctness of the particulars and statements relating to the cargo inserted by it or on its behalf in the air waybill or furnished by it or on its behalf to the carrier for insertion in the cargo receipt. The consignor shall indemnify Avianca Express against all damages suffered by the incorrect or incomplete information declared.
CLAUSE FIVE: DECLARE VALUE OR ASSURED VALUE
Avianca Express liability for loss or damage for each international shipment or carriage is limited to declare value stablished at the airway bill.
CLAUSE FIVE.CONSIGNOR OBLIGATIONS:
1. Ensure Avianca Express that the shipment has a proper packaging and that contents are adequately and securely packed, wrapped, and cushioned for transportation.
2. Declare in a correct and specific manner the information to be incorporated at the airway bill as: consignee; address for delivery, postal code, weight, volume, declared or ensure value, special conditions of handling, packaging or delivery.
3. Provide to Avianca Express all documents required to comply with import, export and customs clearance procedures.
4. Not deliver prohibited or restricted elements to be transported by carriage by air as: hazardous materials, explosives and fuels, weapons, coins, cash, currency, bonds, money orders or negotiable instruments, jewelry, precious stones, artworks or cultural or historical patrimony objects, illicit drugs and in general every object or material prohibits prohibited by any law or regulation of any federal, state, provincial, or local government in the origin or destination country.
Paragraph: if there is any inconsistence in the information provided by the consignor on the airway bill, it is presume that the consignor realize an improper use of the service that could affect the delivery conditions or the shipment. Avianca Express is not liable for any damage cause by the improper use of the service.
CLAUSE SIX: AVIANCA EXPRESS OBLIGATIONS
1. Inform to the consignor the general conditions of the air transport service, in particular the tariffs, coverage, frequencies and approximately time delivery.
2. Delivered the shipment in the conditions provided by the consignor.
CLAUSE SEVEN: LIABILITY OF AVIANCA EXPRESS
In the carriage of shipments by air Avianca Express will be liable in case of destruction, loss or damage until the value declare by the consignor at the airway bill, when the shipment is on custody of Avianca Express, unless Avianca Express proves that the sum declare is greater than the consignor’s actual interest in delivery at destination or in the event that exists exoneration of liability of Avianca Express in accordance with articles 18, 20 and 22 of Montreal Convention of 1999.
CLAUSE EIGHT. EXONERATION OF LIABILITY OF AVIANCA EXPRESS
However, Avianca Express is not liable if it proves that the destruction of, loss of, or damage to the shipment resulted from one or more of the following:
a) Inherent defect, quality or vice of that cargo or shipment;
b) Defective packing of that cargo or shipment performed by a person different than the carrier or its servants or agents;
c) An act of war or an armed conflict;
d) An act of public authority carried out in connection with the entry, exit or transit of the cargo or shipment.
Paragraph: Under no circumstances Avianca Express shall be liable for any consequential, special, incidental or punitive damage including, but not limited to, damage, loss or destruction of the shipment, delay delivery or failure in any of the attempts of delivery of the shipment.
CLAUSE NINE: INFORMATION DECLARE
The consignor is responsible for the correctness of the particulars and statements relating to the shipment inserted by it or on its behalf in the air waybill or furnished by it. The consignor shall indemnify the carrier against all damage suffered by it, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished in the airway bill.
CLAUSE TEN: HANDLING OF GOODS
The General Policy for Handling Cargo shipments containing goods requiring special conditions for handling (Dangerous Merchandises, Live Animals, Human Remains, and Perishables) or all other type of goods will be deemed part of this Agreement. Therefore the consignor acknowledges that it has reviewed and accepts said policy and will be liable pursuant to the provisions therein for delivered Special goods and/or all other type of goods to be transported as Express Courier or cargo.
CLAUSE ELEVEN: JURISDUCTION AND APPLICABLE LAW
All differences related with this Agreement and all additional will be subject to the Montreal Convention of 1999.
All differences, controversies or claims directly or indirectly related to the entering into, performance, violation, termination, lack of effectiveness or interpretation of this agreement will follow the procedure set forth in the state of New York. If no agreement is reached, the same will be submitted to final decision by an arbitration court in session in the State of New York (United States), which will be made up of three arbitrators. Each of the parties will appoint one arbitrator and the two appointed arbitrators will select the third arbitrator who, in turn, will act as court president.
The arbitrators will decide at law any difference, controversy or claim that may arise regarding said agreement will be subject to the Montreal Convention of 1999, applicable to the entire agreement.
These Agreement is effective on the date of its publication and are subject to changes without prior notice. The most current version of this Agreement is published at www.aviancaexpress.com