Conditions of Contract - DASH Only
1. In tendering the shipment described herein for carriage, Shipper agrees to these Conditions of Contract, which no agent or employee of the parties may alter, and that this Air waybill is non-negotiable and has been prepared by him or in his behalf.
2. In consideration of the rate charges, Shipper agrees that the minimum liability of Carrier for physical loss or damage to any shipment is limited to $50 unless a higher value (not to exceed $750) is declared in writing on the Air waybill and applicable valuation charges paid. Shipments with a declared value in excess of $750 are not acceptable for transportation under this contract.
3. Carrier shall not be liable for loss, damage, delay or other results caused by any circumstances beyond the control of the Carrier.
4. Carrier shall not be liable for special or consequential damages unless at the time of receipt of shipment, Carrier is given notice in writing on the air waybill of the circumstances which could result in such damages, and in no event shall Carrier's liability for such damages exceed the declared value of the shipment.
5. Carrier will refund the Shipper 100% of the applicable transportation charge for shipments not delivered on the specific flight, unless miss-delivery is caused by: (1) weather conditions; (2) mechanical delay on the aircraft; (3) failure of Shipper to tender shipment in accordance with cut-off times by location; or (4) other circumstances beyond the control of Carrier. Refunds will only be considered for shipments booked on Delta’s approved online booking channels.
*Note: Surcharges and fees are not refundable.
6. All claims, including claims for overcharges, must be made in writing to the Carrier or the originating or delivering Carrier within a period of 60 days after the date of acceptance of the shipment by the originating Carrier. If the originating or delivering Carrier's tariff requires a shorter period of notification time, the shorter time will apply to the entire carriage.
7. Damage and/or loss discovered by the Consignee after delivery must be reported in writing to the delivering Carrier at destination within 15 days after delivery. While awaiting inspection by the delivering Carrier, Consignee must hold the shipping container and its contents in the same condition they were in when damage was discovered insofar as it is possible to do so.
8. Carrier shall not be liable in any action brought to enforce a claim unless such action is brought within one year from the date Delta accepted the shipment for transportation.
9. Carrier and Shipper hereby incorporate by reference in this contract Carriers published rules and regulations.
10. Shipper acknowledges that Shipper's electronic agreement to these Conditions of Contract is valid and enforceable. Through Shipper's electronic agreement and submissions or documents, Shipper is representing that the information provided is accurate, and that Shipper or Shipper's agent has the legal authority and capacity to enter into the agreement for shipment as governed by these Conditions of Contract.