U.S.-DOMESTIC AIR WAYBILL CONDITIONS OF CONTRACT
1. Non-negotiable Document – 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 on his behalf by the Carrier.
2. Carrier Tariffs Govern – It is mutually agreed that the shipment described herein is accepted on the date hereof in apparent good order (except as noted) for carriage as specified herein, subject to governing tariffs in effect as of the date hereof. Said tariffs are available for inspection by the parties hereto and are hereby incorporated into and made a part of this contract.
3. Shipper Responsibility – The Shipper is responsible for preparing, marking, packing, labeling and properly describing the contents of the shipment so as to ensure safe transportation with ordinary care in handling.
4. Inspection of Shipments – All shipments are subject to inspection by the Carrier, but the Carrier shall not be obligated to perform such inspection.
5. Reweighing – All freight tendered to Delta is subject to reweighing, at either the point of tender, point of transfer or destination and recalculation of freight charges based on such reweighing.
6. Claims Time Limits and Procedures – All claims, including claims for overcharges, must be made in writing to the originating or delivering Carrier within (60) days after the date of acceptance of the shipment by the originating carrier. Damage and/or loss discovered by the Consignee after delivery and after a clear receipt has been given to the Carrier must be reported in writing to the delivering carrier at destination within 15 days after delivery of the shipment with the right of the carrier to make inspection of the shipment and container(s) within 15 days after receipt of such notice. Delta shall not be liable in any action brought to enforce a claim, except for overcharges, unless the above provisions have been met by the proper claimant and unless such action is brought within one year from the date that Delta accepted the shipment for transportation.
7. Liability Limits – (except DASH) – LIABILITY OF CARRIER IS LIMITED TO THE DECLARED VALUED, INVOICE, OR THE AMOUNT OF ANY DAMAGES ACTUALLY SUSTAINED, WHICHEVER IS LESS. DECLARED VALUE IS AGREED AND UNDERSTOOD TO BE NOT MORE THAN .50 PER POUND OR $50.00, WHICHEVER IS HIGHER, UNLESS A HIGHER VALUE IS DECLARED HEREON AND APPLICABLE CHARGES PAID THEREON; HOWEVER, CERTAIN COMMODITIES MAY BE DEEMED TO HAVE LESSER VALUE, IN WHICH CASE THE VALUE AS STATED IN GOVERNING TARIFFS WILL APPLY.
8. Liability Limits and Declared Value (DASH ONLY-NOT TO INCLUDE DASH HEAVY) – DECLARED VALUE IS AGREED AND UNDERSTOOD TO BE $50.00 PER PACKAGE UNLESS A HIGHER VALUE,NOT TO EXCEED $750.00 PER AIR WAYBILL, IS REQUESTED BY THE SHIPPER AND ENTERED IN THE DECLARED VALUE BLOCK ON THE REVERSE SIDE OF THIS AIR WAYBILL. MAXIMUM CARRIER’S LIABILITY IS THE AVERAGE DECLARED VALUE PER PACKAGE OR THE DAMAGES SUSTAINED, WHICHEVER IS LESS.
9. Consequential and Special Damages – THE CARRIER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES WHETHER OR NOT THE CARRIER HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
10. Delivery – Delivery will be made by the delivering carrier to the Consignee at a point where delivery service is available at applicable tariff charges unless instructions to deliver at city terminal or airport terminal are specified by Shipper under special instructions.
11. Use of Other Carrier – Shipment may be diverted to motor or other carrier as per tariff rule unless Shipper gives other instructions hereon.
12. Dimensionalization (Except DASH) – All shipments tendered to Delta are subject to dimensionalization either at point of tender, point of transfer or destination pursuant to the terms of Rule G50 and subject to recalculation of freight charges if dimensionalization is applicable under such rule.
13. Indemnity – The Shipper and Consignee shall be liable, jointly and severally, to pay or indemnify the Carriers for all claims, fines, penalties, damages, costs or other sums which may be incurred, suffered or disbursed by reason of any violation of any of the rules contained in applicable tariffs or any other default of the Shipper or other such parties with respect to a shipment.
14. Exclusions – The Carrier shall not be liable for loss, damage, delay or other result caused by (a) Acts of God, perils of the air, public enemies, public authorities acting with actual or apparent authority on the premises, authority of law, quarantine, riots, strikes, civil commotions, or hazards or dangers incident to a state of war or undeclared war; (b) the act or default of the Shipper or Consignee; (c) the nature of the shipment, or any defect, characteristic or inherent vice thereof; (d) violation by the Shipper or Consignee of any of the rules contained in applicable tariffs, including, but not confined to, improper or insufficient packing, securing, marking or addressing and failure to observe any of the rules relating to shipments not acceptable for transportation or shipment acceptable only under certain conditions; or (e) compliance with delivery instructions from the Shipper or Consignee or noncompliance with special instructions from the Shipper or Consignee not authorized by applicable tariffs.
15. Carrier Liability Insurance – Delta has a deductible with respect to the risk of loss, damage, or delay and maintains liability insurance above the deductible amount.
16. Schedules Not Guaranteed – Except as otherwise provided herein, the Carrier has no obligation to commence or complete transportation within a certain time or according to any specific schedule, or to make connections with any other carrier, or for error in any statement of times of arrival or departure.
17. Georgia Law Applicable – This Agreement is subject to, and will be interpreted in accordance with, the laws of the State of Georgia, without regard to principles of conflict of law.
United States Federal Aviation Administration Air Carrier Standard Security Program Knows Shipper’s Security Notification – Cargo items tendered for air transportation are subject to aviation security controls by air carriers and when appropriate, other government regulations. Copies of all relevant shipping documents showing the cargo’s consignee, consignor, description or other relevant data will be retained in file until the cargo completes its air transportation. You have the right to inspect the full text of each transporting air carrier’s rules at its airport locations or other cargo offices. You also have the right, upon request, to receive free of charge the full text of the applicable terms incorporated by reference from each of the transporting air carriers. The complete text of Delta’s incorporated terms can be obtained upon request by writing the carrier at the following address:
Delta Air Lines, Inc. Cargo Marketing/Sales
PO Box 20706, Dept. # 763
Atlanta, GA 30320