Definitions: On all documents, “we,” “our,” and “us” refer to Marabout Freight, its subsidiaries, affiliates, contractors, employees, agents and sub-contractors. “You” and “your” refer to the consignor, sender, its employees, agents and anyone claiming an interest in the shipment, including any consignee. “Package” or “Packages” means any container or envelope that is accepted by us for delivery. “Shipment” or “Shipments” means all packages which are tendered to and accepted by us.
Agreement to Terms: By giving us shipments, you agree to our Shipping Terms and Conditions. No one is
authorized to change these Shipping Terms and Conditions. You agree that your shipment may be carried through intermediaries, and that it is our decision to apply “best way” options for each shipment.
Document Completion and Packaging Obligations: You are responsible for accurately completing a packing list and warrant that each article in the shipment is properly marked, addressed, and packaged for transportation. All shipments are subject to weight verification by us, and you accept all weight changes without notification. Additionally, all charges are based on volumetric standards; thus, when the dimensional weight exceeds the actual weight, the dimensional weight is used to determine the charges. You warrant that each package tendered for shipment is accurately described on this packing list.
Limitation of Liability: In consideration of the transportation charges for the movement of any shipment, it is agreed that the liability of Marabout Freight shall be limited, in any event, to a maximum sum of U.S. $100.00 or the actual value of the documents or shipment, which ever is smaller. In case you wish to declare a high value on an item, we will need to provide an additional insurance coverage, that you will contract with an external insurer and submit to us your arranged paid insurance in advance. Liability does not apply if Document Completion and Packaging Obligations are not submitted before shipment.
Liabilities Not Assumed: We will make every reasonable effort to deliver your shipment according to our regular delivery schedules; however, Marabout Freight is not liable for delays in delivery, damages of any kind (whether direct, indirect, incidental, special or consequential) including but not limited to loss of income, loss of interest, loss of profit, loss of business opportunity, loss of use of contents, breach of other contracts, or any loss or damage arising from the inherent nature of the goods, whether or not we had knowledge that such damage might be incurred, even if the delay is our fault in picking up the shipment, transporting the shipment, or delivering the
shipment. Marabout Freight will not be liable for your acts or omissions, including but not limited to incorrect declaration of goods, improper or insufficient packaging, concealed damage, or marking or addressing of the shipment, or for acts or omissions by the consignor or consignee or anyone else with an interest in the shipment. Also, Marabout Freight will not be liable if you or the consignee violate any of the terms of our agreement. Marabout Freight will not be liable for loss of or damage to the shipments of cash, currency, security instruments, or other prohibited items. Marabout Freight does not accept for shipment cash, currency or other security instruments, perishables, precious metals or precious stones. Marabout Freight will not be liable for electrical or magnetic damage to, or erasure of electronic or photographic images or recordings.
Also, Marabout Freight will not be held liable for loss of a shipment, damage to a shipment, or delay caused by any events we cannot control, including but not limited to acts of God, “force majeure”, the acts of another carrier or third party with whom we contract, or the action or omissions by any governmental or public authority (including but not limited to customs or health officials), or omission by anyone outside Marabout Freight . Marabout Freight reserves the right, without admitting liability, to refund transportation charges at its sole discretion, but is not obligated to do so.
No Warranties: We make no warranties, express or implied.
Claims: All claims must be made by you, the consignor, in writing to Marabout Freight – Fort-Lauderdale, FL within 30 days from the date that we accepted your shipment. No claims will be accepted or reviewed until all shipping charges and any other related charges owed have been paid in full. You may not deduct the amount of any claim from shipping and related charges. If the consignee accepts your shipment without noting any damage on the delivery records, it is agreed that the shipment was delivered in good and acceptable condition. In order for us to consider any claim for damage, you must also make the contents and original shipping cartons and packing materials available for inspection by us.
Right to Inspect: Your shipment may, at our option or at the request of governmental authorities, be opened, searched and inspected by us or such authorities at any time.
Responsibility for Payment: In any case, you will always be primarily responsible for all charges including transportation charges, duties, customs assessments, governmental penalties and fines, taxes, brokerage fees, and our reasonable attorney fees and legal costs and disbursements related to this shipment in the case of default in payment. You will also be responsible for any costs we may incur in returning your shipment to you or warehousing it pending disposition. In the event that payment is not made within 7 days after the date that we accepted your shipment, the outstanding balance shall bear an additional service and handling charge at the rate of 1½% per month, and we may turn the said account over to an attorney for collection. If we turn the balance over to
an attorney for collection, there shall then be added to the balance due, as and for attorney fees, the actual reasonable fee to be paid to the attorney for his services.
Any dispute hereunder, including any dispute or claim which you may have, shall be heard exclusively in the courts of the County of Broward, State of Florida, United States of America, and you agree to submit to the jurisdiction of said courts. If any provision herein is found to be invalid, unenforceable, ambiguous and/or illegal, such provision shall not affect the remaining provisions, and such remaining provisions shall continue in full force and effect.
Customs Clearance: If requested, you hereby appoint us as your agent solely for the performance of customs clearance, and certify us as the consignee for the purpose of designating a customs broker to perform customs clearance. In some instances, authorities may require additional documentation confirming our appointment, and it is your responsibility to promptly provide proper documentation and confirmation where required. Furthermore, you are responsible for and warrant your compliance with all applicable laws, rules and regulations, including but not limited to customs laws, import and export laws, and government regulations of any country to, from,
through, or over which your shipment may be carried. You agree to furnish such information and complete and attach to all shipments such documents as are necessary to comply with such laws, rules and regulations.
Letter of Instruction: If you do not complete all the documents required for carriage, or if the documents you submit are not appropriate for the services or destination requested, you hereby give us permission to, at our discretion and where permitted by law, complete, correct or replace the documents for you at your expense; however, we are not obligated to do so.
Shipper’s Security Endorsement: By agreeing to ship with Marabout Freight you certify that your cargo does not, and will not, contain any unauthorized explosives, incendiaries, or hazardous materials. You consent to a search of your cargo and automatically agree to these Shipping Terms & Conditions.