Terms

Terms of Use & Conditions of Service

EFFECTIVE DATE: JANUARY 1, 2021

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF AIRANDSURFACE.COM. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY “YOU” OR “YOUR”), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.

AIR & SURFACE LOGISTICS MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF AIRANDSURFACE.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT AIRANDSURFACE.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH AIRANDSURFACE.COM.

All shipments tendered to Air & Surface Logistics, its employees and agents are subject to the terms and conditions described below. A copy of these terms and conditions may be found on the back of Air & Surface Logistics “Bill of Lading”, as posted on this Web site.

Definitions:
References contained in these Terms and Conditions to “we”, “our” and “us” refer to Air & Surface Logistics, its employees and agents. “You” and “your” refer to the sender, its employees and agents.

Agreement To Terms:
By giving us your freight for transport, you agree to all of the terms described herein. You also agree to these terms on behalf of any third party with an interest in the shipment. No one is authorized to change the terms of our Agreement.

Responsibility for Packaging and Documentation:
You are responsible for adequately packing your goods for shipment, accurately completing a Bill of Lading and for preparing all shipping documents. If you omit, the number of pieces and/or weight per package on the Bill of Lading, our billing will be based on our best estimate of the number of pieces we received and/or an estimated “default” weight per package, as determined by us.

Consent to Screen:
We may, at our option, open and inspect the contents of your shipment before or after you tender it to us. All air and ocean shipments are also subject to additional screening by Transportation Security Agency (TSA) personnel and/or TSA approved third-party screening facilities.

Final Charges to be based on Actual Weights & Measurements
All charges quoted for transport, whether by air ocean or ground, are an estimate and are not final until the actual weights and dimensions of the cargo are determined.  Final measurement of the actual weight and dimensions of each shipment will be done at the carrier’s origin terminal, prior to departure. Variance in the estimated weights and dimensions originally quoted  may result in changes to your final charges, at the sole discretion of Air & Surface Logistics.

Responsibility for Payment:
Even if you give us different billing instructions, you, as the originator of the order, will always by primarily responsible for all shipping costs, as well as any costs we incur in returning your freight to you or warehousing it pending further disposition. This responsibility explicitly extends to, but is not limited to, all third-party billing and Collect-On-Delivery (COD) shipments.

Duties & Taxes
International shipments may be subject to duties and taxes in the destination country. Unless explicitly quoted in advance, estimated charges do not include any duties and taxes that may be due. These duties and taxes, if any,  must be paid for in full, prior to delivery of the shipment, unless otherwise agreed to in writing by Air & Surface Logistics in advance.

Currency Fluctuations
All charges quoted for transport are based on the prevailing currency exchange rate in place on the date the shipment was quoted. Final charges may be adjusted to reflect the prevailing exchange rate on the actual day of shipment, at the sole discretion of Air & Surface Logistics.

Accessorial Charges:
All shipments quoted are based on a business-to-business delivery, Monday-Friday during normal business hours of 8:00am-5:00pm local time.  It is your responsibility to identify any Accessorial Services that may be required at the time the order is placed. Accessorial Services may result in additional charges and include, but are not limited to: Before, after-hours,  weekend or holiday service; Pickup from or delivery to a residence, hotel, convention center, school or military base; Appointment pickup or delivery; Detainment of the driver for waiting/loading/unloading; Liftgate service; Inside pickup or delivery; Extra-man service; Unpacking and debris removal.

Additional Terms & Conditions Pertaining to Ocean Shipments:
Ocean freight shipments are subject to additional Terms and Conditions, as required by international maritime law. A complete description of  the specific Terms & Conditions applicable to ocean freight may be found here: https://www.airandsurface.com/forms/OceanTerms.pdf

Limitations On Our Liability and Liabilities Not Assumed:
Our liability in connection any shipment is limited to the lesser of your actual damages or $100, unless you declare a higher value prior to shipment, pay an additional charge, and document your loss within thirty (30) days from the date of delivery. You may not insure a shipment after the freight has already been tendered to us.
In any event, we will not be liable for any damage, whether direct, incidental, special or consequential in excess of the declared value of a shipment, whether or not Air & Surface Logistics had knowledge that such damages might be incurred, including, but not limited to, loss of  income or profits.

We won’t be liable:
• for your acts or omissions, including but not limited to improper or insufficient packaging, securing, marking or addressing.
• for loss or damage to shipments of hazardous, dangerous or prohibited items.
• for loss, damage or delay of events we cannot control, including but not limited to acts of God, perils of the air, weather conditions, acts of public enemies, war, strikes, civil commotions or acts of public authorities with actual or apparent
authority.
• If you or the recipient violates any of the terms of our Agreement.

Declared Value / Insurance Limits:
The declared value of any shipment is subject to the following terms and conditions:
• If a value for insurance is not declared to us in writing prior to the tendering of your shipment to us, our maximum liability, regardless of mode of transport or service offering shall be $100.
• The maximum declared value allowed for an envelope is $100
• The maximum declared value allowed for small parcel shipments moved via our partnership with DHL Express is $50,000
• The maximum declared value for all other types of shipments is $100,000, unless written consent is obtained from Air & Surface Logistics prior to shipment.
• You may not insure a shipment for an amount in excess of the freight’s cost of replacement.
• You are responsible for proving the actual loss or damage to any shipment.
• You may tender more than one piece per shipment. However, the combined shipment may not be insured for more than $100,000 unless written consent is obtained from Air & Surface Logistics prior to shipment.

Unapproved Commodities
You may not insure or ship any of the following commodities without prior, written consent from Air & Surface Logistics and you must declare their inclusion in any shipment prior to tendering your shipment to us:

Unapproved Countries
You may not ship, or insure consignments to/from the following countries, or any other location where their local legislation decrees that insurance must be effected locally, without prior written consent from Air & Surface Logistics:

Restricted Countries
The following restrictions apply to shipments to/from the following former USSR and Commonwealth of Independent States (CIS) Countries:
– On Shipments TO the following countries (Exports): Insurance coverage, if any, shall cease upon discharge of goods from overseas carriers.
– On Shipments FROM the following countries (Imports): Insurance coverage, if any, shall commence upon loading of the goods on the overseas carrier.

Governing Law:
When tendering your shipment, you agree unconditionally to the exclusive jurisdiction of, and venue in, the court in the County of Orange, California or the federal court for the Central District, State of California for purposes of any claim and agree not to commence any Action relating hereto except in such courts.  You agree to irrevocably and unconditionally waive all objections to setting the venue of any action hereunder in any such court, and agree not to plead or claim that an action brought in any such court has been brought in an inconvenient forum.

Filing a Claim:
You must make all claims IN WRITING and notify us within thirty (30) calendar days of the date of the shipment. You may contact our Customer Service department to report a pending claim, however, you must still file a WRITTEN claim. Claims should be mailed to the attention of our Claims Department at:

Air & Surface Logistics
P.O. Box 55005
Irvine, CA 92619
USA

Within ninety (90) days of receipt of your written claim, you must provide us with all of the relevant information you have regarding the shipment. We are not obligated to act on any claim until you have paid all transportation charges for the shipment. You may not deduct the amount of your claim from those charges. If the recipient accepts your package without noting any damage on the delivery record, the package will be considered to have been delivered in good condition. For us to process your claim, you must make the original packaging and shipping cartons, if any, available to us for inspection.