EAS USA LLC
INTERNATIONAL AIR TERMS AND CONDITIONS OF CONTRACT OF CARRIAGE
EAS USA LLC (EAS) is licensed as and operates as a Freight Forwarder and Indirect Air Carrier (“IAC”). In tendering shipment(s) for international air transportation, Customer agrees to be bound by these International Air Terms and Conditions of Contract of Carriage (“Terms and Conditions”); and indicates its understanding that the EAS waybill, bill of lading or other shipping document utilized is non-negotiable. No agent or employee of the parties may alter these Terms and Conditions, unless in writing and signed by both parties.
This agreement shall utilize the following definitions:
▪ “EAS” includes the carrier issuing this air waybill and all carriers that carry or undertake to carry the cargo or perform any other services related to such carriage.
▪ “CUSTOMER” means the party from whom the shipment(s) is received, any party requesting the shipment(s) be transported by EAS, any party having an interest in the shipment(s), and any party who acts as an agent for the aforementioned parties.
▪ “MONTREAL CONVENTION” means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999.
▪ “SPECIAL DRAWING RIGHT” (SDR) is a monetary reserve currency created by the International Monetary Fund (IMF) and shall be defined and valued in accordance with prevailing IMF publications.
▪ “WARSAW CONVENTION” means whichever of the following instruments is applicable to the contract of carriage:
▪ the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929;
▪ that Convention as amended at The Hague on 28 September 1955;
▪ that Convention as amended at The Hague 1955 and by Montreal Protocol No. 1, 2, or 4 (1975) as the case may be.
Carriage is subject to the rules relating to liability established by the Warsaw Convention or the Montreal Convention unless such carriage is not “international carriage” as defined by the applicable Conventions. To the extent not in conflict with the foregoing, carriage and other related services performed by each carrier are subject to applicable laws and government regulations.
The agreed stopping places (which may be altered by EAS in case of necessity) are those places, except the place of departure and place of destination, set forth on the face hereof or shown in EAS’s timetables as scheduled stopping places for the route. Carriage to be performed hereunder by several successive carriers is regarded as a single operation. Customer warrants and represents to EAS that the information set forth on the face of the EAS waybill, bill of lading(s), or other shipping document, or the information supplied to EAS electronically regarding any shipment(s), is complete and accurate; and that each package and/or article in the shipment(s) is properly and completely described including correct weight and measurement, is adequately packaged to protect the enclosed goods from loss or damage with ordinary care in handling, is properly classified, described, packaged, marked and labeled and is in proper condition for transportation according to all applicable laws and regulations , including without limitation, all regulations governing the transportation of hazardous materials, regardless of mode of transport based on the current edition of the International Air Transport Association (IATA) Dangerous Goods Regulations, and in the case of shipments to or from the United States, all applicable regulations issued by the U.S. Transportation Security Administration (“TSA”) and the U.S. Department of Transportation (“DOT”). Customer’s violation of any of these warranties will excuse EAS from any liability whatsoever for damage to any item(s) incurred as a result of such violation and shall also cause Customer to be liable to EAS for all claims, fines, penalties, damages, costs, or other sums, including reasonable attorneys’ fees, incurred by EAS as a result of such violation.
2.1 If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and, in most cases, limit the liability of EAS in respect of loss of, damage or delay to cargo. Depending on the applicable regime, and unless a higher value is declared, the liability of EAS shall be limited to 22 SDR per kilogram, converted into national currency under applicable law.
2.2 For cargo accepted for carriage, the Warsaw Convention and the Montreal Convention permit shipper to increase the limitation of liability by declaring a higher value for carriage, but such options may be exercised only by specific written agreement made with EAS prior to shipment, which agreement shall indicate the declared agreed value and the additional compensation for the added liability to be assumed.
2.3 For carriage to which neither the Warsaw Convention nor the Montreal Convention applies, EAS’s liability shall be limited to 22 SDR per kilogram for cargo lost, damaged, or delayed, unless a higher value is declared in advance by the Shipper and a supplementary charge is paid.
2.4 Customer understands and agrees that the rates charged by EAS for services do not include insurance or other compensation for loss or damage to cargo other than as expressly provided herein. EAS may assist Customer, upon Customer’s request, with the placement of cargo insurance on Customer’s behalf. Unless requested by Customer in writing in advance of shipment, and such request is confirmed
in writing by EAS, EAS is under no obligation to procure insurance on Customer’s behalf. Any such cargo insurance procured by EAS on Customer’s behalf shall be subject to the applicable policy terms thereof, and EAS shall not be liable if, for any reason, Customer is unable to recover a loss, in whole or in part, from the insurer under said policy, even if the premium charged by the insurer is different from EAS’s charges to Customer for the coverage. Insurance coverage provided by EAS will be assessed at a rate negotiated between the parties separate from any freight charges. Shipments must be packaged to withstand the normal hazards of transportation for any insurance claim to be valid.
2.5 In the case of loss, damage or delay to a shipment, the weight to be used in determining the limit of EAS’s liability shall be the weight used to determine the charge for carriage of such shipment.
2.6 In the case of loss, damage or delay to part of a shipment, the weight to be taken into account in determining the limit of EAS’s liability shall be only the weight of the package or packages concerned.
2.7 In the case of loss of, damage or delay to part of a shipment, the shipment weight in 2.5 shall be prorated to the packages covered by the same air waybill whose value is affected by the loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.
2.8 Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage.
3.1 EAS shall not, under any circumstances, be liable for punitive or exemplary damages, or for special, consequential, or indirect damages, including without limitation, damages arising from loss of profit, income, interest, utility, or loss of market, regardless of whether or not EAS had knowledge that such damages might be incurred.
3.2 EAS shall not be liable for loss, damage, delay or monetary losses of any type caused by: Acts of God; acts of public authorities acting with actual or apparent authority; strikes or labor disputes; weather; mechanical failures; aircraft failures; civil commotions or riots; acts or omissions of customs or quarantine officials; the nature of the freight or any defects thereof; acts of public enemies; hazards incident to a state of war; acts of terrorism; or acts, defaults, or omissions of Customer, the shipper or the consignee, including but not limited to improper packing, incorrect marking or incomplete or inaccurate shipping instructions, or failure to observe these Terms and Conditions or the rules relating to freight not acceptable for transportation or freight acceptable only under certain conditions as set forth in Section 3.5 below. In the event the foregoing liability exclusions are in conflict with the provisions of an applicable Convention, the provisions of such Convention shall govern.
3.3 EAS shall not be liable for loss or damage to exterior packaging or outside shipping containers.
3.4 EAS will not accept for transportation any shipment or commodity prohibited by law. In addition, the following items are not acceptable for carriage and will not be accepted by EAS: original works of art; antiques; bonds; coins of any kind, currency and currency equivalents; gems and stones (cut or uncut); industrial diamonds; gold or silver jewelry (other than costume jewelry); pearls; precious metals; negotiable securities; time sensitive written materials (such as contract bids and proposals); software licenses; electronic data (i.e., data stored on computers, discs, credit cards, etc.); one-of-a-kind articles, models or prototypes; original prints and lithographs; cement; fertilizer; fishmeal; live animals; live plants; human remains of any kind; nuclear fuels; fluorescent tubes; neon lighting; neon signs; or x-ray tubes. Except as otherwise provided in these Terms and Conditions, no employee or agent of EAS has any authority to accept such articles for transportation or to waive the limitations contained herein.
3.5 Should EAS inadvertently accept for transportation (A) any article(s) as defined in Section 3.5 herein or (B) articles with a purported declared value for which Customer has not secured EAS’s prior approval as required in Section 2.2 above, EAS’s liability for loss or damage shall be limited pursuant to the terms of Section 2 above for shipments on which no excess value has been declared.
4.1 No claims will be considered until all transportation charges have been paid. Claims may not be deducted from transportation charges and no claims may be deducted from any other charges owed to EAS. EAS reserves the right to deduct claim payments from open Customer balances. When no part of the consignment is delivered, a claim with respect to such consignment will be considered even though transportation charges thereon are unpaid.
4.2 In the case of loss, damage or delay to cargo, a written complaint must be made to EAS by the person entitled to delivery or the Customer. Such complaint must be made: (i) in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo; (ii) in the case of delay, within 21 days from the date on which the cargo was placed at the disposal of the person entitled to delivery; (iii) in the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill, or (iv) if an air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by EAS.
4.3 Formal claims, notices, and all related correspondence shall be filed with EAS USA LLC. 401 E Prospect Avenue, SUITE 204, Mt. Prospect, IL 60056 or email your local EAS representative.
4.4 Unless a written complaint is made within the time limits specified in 4.2, no action may be brought against EAS. Any rights to damages against EAS shall be extinguished unless an action is brought within two (2) years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
4.5 Any claim for damage to Customer’s, the shippers, and/or the consignee’s premises incurred during performance of services by EAS will be deemed untimely unless noted on the air waybill or other relevant shipping document or reported to EAS in writing within 24 hours of service at that location. Failure of Customer, the shipper and/or the consignee to notify EAS of any such damage in a timely manner will be grounds for declination of any such claim; and Customer, the shipper and/or the consignee will be barred from pursuing any such claim in a court of law or otherwise. For EAS to consider any such claim, EAS must be allowed a reasonable opportunity to inspect the claimed property damage.
5.1 In the event that this is not an international air shipment, EAS’s maximum liability shall be the limit of liability established by the applicable conditions of contract as posted at https://www.eas-intl.com/
6.1 The TSA and other governmental authorities require that EAS refuse to offer air transportation of any cargo where the shipper/customer does not consent to screening of the cargo. Such authorities consider all cargo tendered for air transportation subject to screening/search by EAS, the transporting air carrier, or authorized government agencies. EAS, the air carriers, and such agencies may conduct
screening of cargo from the date of the applicable shipping document. EAS shall not be liable for loss, damage or delay due to opening of cargo, resulting physical inspection, or repackaging arising out of any such screening by a government authority. This consent shall remain in effect for all cargo tendered to EAS. For all shipments to/from the United States, 49 USC §114 authorizes the collection of certain information pertaining to Customer, and any such information provided will be used to qualify Customer as a possible “known shipper”. Providing this information is voluntary; however, failure to provide the information will prevent qualifying as a known shipper. This information will be disclosed to TSA personnel and contractors or other agents including IACs in the maintenance and operation of the known shipper program. TSA may share the information with airport operators, foreign air carriers, IACs, law enforcement agencies and others in accordance with 5 USC § 552a. For additional details, see the system of records notice for the Transportation Security Threat Assessment System (DHS/TSA 002) published in the Federal Register. Any fraudulent or intentionally false statement or certificate may be subject to both civil and criminal penalties under 49 CFR Parts 1540 and 1548 and 18 USC § 1001, in addition to those penalties that may arise as a result of violation(s).
EAS T&C INTL V.03012025 4
Propulsé par Spationaute.io
