In tendering the shipment for carriage, the shipper agrees to these Terms and Conditions of Contract, which no agent or employee of the parties may alter.

In tendering the shipment for carriage, the shipper warrants that the shipment is packaged adequately to protect the enclosed goods to insure safe transportation with ordinary care and handling. Express Solutions International (ESI) will not be responsible for damages caused by insufficient packaging.

Express Solutions International (ESI) shall not be liable for special, incidental or consequential damages, including but not limited to loss of profits or income, whether or not ESI had knowledge that such damages may be incurred.

All shipments may be opened and inspected by ESI.

Receipt of the shipment by the consignee or his agent, without written notification on the face of the air bill, or delivery manifest, will be prima facie evidence that the shipment was delivered in good condition. No claim will be processed by ESI until all transportation charges have been paid. The amount of the claim may not be deducted from the transportation charges.

Damages and/or loss, whether discovered at the time of delivery or thereafter, must be reported to ESI within 7 days of the time of delivery. The shipment, its container(s) and packing material must be made available to ESI or its agent for inspection at the delivery location shown on the face of the air bill. Documentation for all claims for loss or damage must be filed in writing to ESI within 90 days of the date of delivery.

Notice and claim for non-delivery or short delivery of a shipment must be reported and documentation filed in writing to ESI within 120 days of the acceptance of the shipment by ESI. Claims for overcharges or refunds must be made in writing to ESI within three years of the billing date. In the event notice and documentation is not filed within the time limits set forth herein, ESI will have no liability for any such claim.

The shipper shall be primarily responsible for all charges, costs and expenses incurred in either returning the shipment to the shipper, or warehousing the shipment pending the determination of its disposition. The shipper and the consignee shall be jointly and severally liable for all charges on any shipment covered by this Contract. ESI shall have a lien on this or any other shipment for all sums due and payable to ESI.

ESI shall not be liable for loss, damage or delay caused by circumstances beyond its control, such as Acts of God, weather, airline schedules, public agencies acting with actual or apparent authority, riots, guaranties, strikes, civil conditions or acts of war.

In the event of the failure or inability of the consignee to take delivery of the shipment, ESI will notify the shipper at the address shown on the face of the air bill. If the shipper fails to provide disposition instructions within 30 days of such notice, the shipment will be returned to the shipper at the shipper’s expense. If the shipper fails to take delivery of the shipment, ESI may dispose of the shipment at private or public sale and pay itself out of the proceeds to satisfy the transportation charges owing on the shipment. Excess sums from the proceeds of such sale will be returned to the shipper.

ESI may divert shipments to any mode of transportation, which in its judgment will expedite their movement. Regardless of the method of transportation employed, all air freight charges from origin to destination will apply.

Express Solutions International's liability is limited to $0.50/lb per piece of the shipment, or the actual value, whichever is less, unless a higher value is declared heron, and charges are paid at the rate of $.50 per $100.00.

Transportation charges will be based on weight or volume charges, whichever is greater. Domestic volume charges will be based on one pound for each 194 cubic inches per package. International volume charges will be based on one pound for each 166 cubic inches per package.