TERMS

1. SHIPPER HEREBY EXPRESSLY AGREES TO THE FOLLOWING TERMS AND
   CONDITIONS UPON TENDERING SHIPMENT DESCRIBED HEREIN.
   
   By signing our Freight Bill, Shipper agrees to pay all sums due in accordance with the terms set forth herein. In the event that any payment required by this Freight Bill is not paid when due, Capitol Crating shall be entitled to receive, in addition to the principal amount, interest calculated at the rate of one & one—half percent (1.5%) per month, from the date of delivery until paid. Shipper also expressly agrees that in the event any sums due under this Freight Bill become subject of any collection activity, Capitol Crating shall be entitled to receive all reasonable costs and expenses of collection and/or suit, including but not limited to, it’s attorney’s fees. Shipper shall have no claim for damages or loss unless all sums due under this Freight Bill are paid. All parties further agree that Capitol Crating shall have a lien on all freight until such time as payment is made on this waybill.
   
   
2. No agent, employee or servant of either shipper or Capitol Crating may alter, amend or otherwise modify any term, provision or condition of this Freight Bill. Any such purported alteration, amendment or other modification shall be void and of no force or effect.
   
   
3. In tendering the shipment for carriage, Shipper warrants that the shipment is packed adequately to protect the enclosed goods & to ensure safe transportation with ordinary care & handling, and that each package is appropriately labeled and is in good order (except as noted) for carriage as specified. In the event Capitol Crating packages the goods for shipment it is agreed that this term has been met.
   
   
4. International air carriage is subject to the rules relating to liability established by the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, October 12, 1929.
   
   
5. Capitol Crating LIABILITY IS EXPRESSLY LIMITED TO THE SUM OF $50.00 UNLESS A HIGHER VALUE IS DECLARED FOR CARRIAGE HEREIN AND A GREATER CHARGE PAID. Except as otherwise expressly provided herein, Capitol Crating liability is limited to the declared value of the shipment or the amount of loss or damage actually sustained, whichever is lower, less any deductible stated on the face of this Freight Bill. Capitol Crating and/or its insurance carrier may, at their sole option, cause any damaged item(s) to be repaired or restored by their designee and such repair and/or restoration shall exonerate Capitol Crating and/or its insurance carrier from any further claims or damages whatsoever.
   
   
6. Capitol Crating is not liable for loss, damage, delay, misdelivery or nondelivery not caused by its own negligence; or any loss, damage, delay, misdelivery or nondelivery caused by the act, default or omission of Shipper, Consignee, or any other party who claims interest in the shipment, the nature of the shipment or any defect, or any characteristic thereof; violation by Shipper or Consignee of any of the conditions of contract contained in this Freight Bill, including, but not acceptable for transportation or shipment acceptable only under certain conditions; acts of God, perils of the air, public enemies, public authorities acting with actual or apparent authority of law, acts or omissions of customs or quarantine officials, riots, strikes or other local disputes, civil commotions, hazard incident to a state of war, weather conditions or mechanical delay of the aircraft or acts or omissions of any person other than Capitol Crating, including compliance with delivery instruction of from Shipper or Consignee. Further, Capitol Crating shall not liable for: (a) the loss of articles loaded or sealed in packages provided by Shipper: (b) any mechanical failure of any electronics, musical instruments, appliances, clocks, radios, cameras, or other mechanical or electronic items of any kind or nature: (c) any claims for damage where such damage recurred in place where prior damage existed, or where such prior damage was previously repaired or restored: (d) for any claims or damages resulting from or to finishes incompletely or inadequately cured or dried, or witch were previously broken down from age, abuse or otherwise: (e) any claims for damages for abandoned goods or shipments refused by Consignee, whether in the possession of Capitol Crating, carrier, or any third party; or (f) any internal, unsecured or insufficiently secured, or other inherent vice contained within item(s) shipped which results in damage to item(s).
   
   
7. Capitol Crating SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INTEREST, OR INCOME WHETHER OR NOT CARRIER HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
   
   
8. NOTICE OF LOSS DUE TO DAMAGE OR SHORTAGE MUST BE REPORTED IN WRITING TO Capitol Crating BY SHIPPER WITHIN 5 DAYS OF THE DELIVERY OF THE SHIPMENT. NOTICE OF LOSS DUE TO NONDELIVERY MUST BE REPORTED IN WRITING TO Capitol Crating BY SHIPPER WITHIN 30 DAYS OF ACCEPTANCE OF THE SHIPMENT BY CAPITOL CRATING FOR CARRIAGE OR WITHIN 60 DAYS AFTER ACCEPTANCE FOR PACKAGING AND CARRIAGE. Documentation of all claims, other than overcharge claims, must be submitted in writing to Carrier within 90 days after receipt of notification. No claim of damage will be processed until all transportation charges have been paid. The amount of a claim may not be deducted from the transportation charges. Receipt of the shipment by Consignee without written notification of damage on the delivery receipt shall be prima facie evidence that shipment was delivered in good condition. Shipper shall notify Carrier in writing as promptly as possible after the discovery thereof and in any event no later than 12 days from the date of delivery. Shipper must make the original shipping cartons and packing available for inspection by Carrier. Claims for overcharges and refunds must be made in writing to Carrier within 30 days of the billing date. All claims must be filed by Shipper, and Shipper shall require its Consignee’s to (a) note all damages on the carrier’s delivery receipt, (b) retain all packaging materials, (c) provide photographs of the damaged items and the packaging materials, and (d) notify Shipper and Capitol Crating of any loss or damage within the time(s) specified herein.
   
   
9. Capitol Crating normal routing shall be followed unless Shipper specifically requests and inserts herein specific routing to be followed by Capitol Crating.
   
   
10. Unless Shipper specifies to the contrary, the shipment tendered herein may, solely at the discretion of Capitol Crating, be diverted to motor or other carrier.
    
    
11. Shipper shall enter the amount of any Shipper’s COD charges which shall be subject to the fees and rules of the delivering carrier.
    
    
12. In tendering this shipment for carriage, Shipper expressly agrees to the terms and conditions set forth on this Freight Bill. Capitol Crating liability for any loss or damage to the shipment is expressly limited to the sum of fifty dollars ($50.00) unless shipper expressly declares a higher value and pays the cost of such valuation based on the actual total value of the shipment. Where a shipper declares a value that is less than the actual value of the shipment, payment upon any claim shall be limited to the proportion of the value declared by the shipper divided by the actual value of the shipment. For example A shipment valued at $50,000.00 is declared at $10,000.00 and there is a $6,000.00 claim presented on the shipment. Capitol Crating liability would then be limited to $1,200.00. The failure by the shipper to declare a value of a shipment in excess of fifty dollars ($50.00) shall relieve Capitol Crating, its agents, employees, and assigns, of any liability in excess of $50.00 for any loss or damage to the shipment. The shipper further agrees to indemnify, defend, and hold harmless, Capitol Crating, its agents, employees, and assigns from and against any and all claims, costs, expenses, damages, and liabilities (including legal fees) in the event Shipper fails to adequately declare the actual total value of the shipment.
    
    
13. All Claims are subject to a $250.00 deductible.
    

claims procedures

If you have a claim, please contact Stephen at Capitol Crating at 916 454 5000 for assistance.

1. In order to preserve your rights of action against any delivering carrier as required by the Insurance covering your shipments upon receipt of every consignment:
   
   Make immediate inspection of each package.
   
   
2. Take proper exceptions on all delivery receipts in respect to all loss or damage existing at the time of taking delivery and during transit. It is most important that exact exceptions be taken in writing on the delivery receipt as to the condition of the consignment and a copy of the delivery receipt be retained for your claim file.
   
   Further to protect your rights under your insurance:
   
   
3. Promptly report loss or damage to the nearest authorized representative of the Company to permit assignment of a surveyor, or such other action as may be necessary. Preserve Packing for examination by surveyor.
   
   
4. Immediately file a claim in writing against carriers. If more than one carrier is involved (Ocean-Air-Truckman-Railroad) claim must be filed against each.
   
   Note:Claim to carrier should be positive, not merely expression of an Intent to claim.
   
   
5. Collect complete documentation in support of your insurance claim and when submitting claim for consideration to the Company or their nearest settling agent, include:
6. Copies of all original ocean, air and inland Bills of Lading covering the entire shipment including paid freight bills.
7. Certified copy of shippers commercial invoice covering the entire shipment insured
8. Copy of packing list(s)
9. Duty Consumption Entry Report bearing Entry Number; also, executed Customs Form No. 5931. (only required on non deliveries and shortages).
10. Copies of all delivery receipts with proper exceptions in respect of loss or damage noted thereon, as well as any other exceptions or bad order slips and carrier inspection reports which may substantiate loss or damage.
11. With regard to nondelivery claims, written confirmation by the carriers involved attesting to their inability to make delivery.
12. Copies of written claims against carriers or others, with their reply when available.
13. Assured's statement of claim.
14. Repair bills.
15. Any correspondence or other reports or information relevant to the transit, loss, damage or coverage.
16. Original of survey report if it has not been sent directly to the Company by the surveyor.
17. Original and/or duplicate of Special Cargo Policy or Certificate of Insurance if issued, properly endorsed by the payee. In case of import shipments not covered by a Special Cargo Policy or Certificate of insurance, identify the Declaration or Monthly Report under which the shipment has been declared to Underwriters.

The foregoing will normally suffice, but circumstances may require additional information or special action. In order to fully to protect your rights, always act promptly and prudently to preserve and safeguard your shipment.