In tendering the shipment for carriage, the customer agrees to these terms and conditions of carriage and that this air waybill is NON-NEGOTIABLE and has been prepared by the customer or on customer’s behalf by RAF. As used in these conditions, RAF International includes all operating divisions and subsidiaries of RAF and their respective agents, officers and employees.
- SCOPE OF CONDITIONS
These conditions shall govern and apply to all services provided by RAF on both domestic and international shipments. By signing this air waybill, the customer acknowledges that he/she has read the conditions and terms stipulated herein and agrees to be bound thereof. RAF shall not be bound by terms and conditions other than stipulated herein unless such written agreement is made in writing and signed by an officer of RAF. In the absence of such written agreement, these conditions shall constitute the entire agreement between RAF and its customer. No RAF employee shall have the authority to alter or waive these terms and conditions except as stated herein.
- RAF’S OBLIGATIONS
RAF agrees, subject to payment of applicable rates and charges in effect on the date of acceptance by RAF of a customer’s shipment, to arrange for the transportation of the shipment between the locations agreed upon by RAF and the customer. RAF reserves the right to transport the customer’s shipment by any route and procedure and by successive carriers and according to its own handling, storage and transportation method.
- SERVICE RESTRICTIONS
- RAF reserves the right to refuse any documents or parcel from any person, firm or company at its own
- RAF reserves the right to abandon carriage of any shipment at any time after acceptance when such shipment could possibly cause damage or delay to other shipments, equipment or personnel, or when any such carriage is prohibited by law or is in violation of any of the rules contained herein.
- RAF, without liability, reserves the right to open and inspect any shipment without notice for safety, security, customs or other regulatory reasons.
- LIMITATION OF LIABILITY
- RAF will be responsible for the customer’s shipment only while it is within the RAF’s custody and RAF shall not be liable for loss or damage of a shipment while shipment is out of RAF’s custody or control.
- RAF’S LIABILITY IS IN ANY EVENT LIMITED TO ONE HUNDRED PESOS (PHP 00) per shipment in case of a domestic shipment unless a higher value is declared on the air waybill at the time of tender and additional charge is paid for, as assessed and determined by RAF for each ONE HUNDRED PESOS (PHP 100.00) or fraction thereof, by which the insured value designated by the customer on the air waybill exceeds ONE HUNDRED PESOS (PHP 100.00) per shipment.
- RAF’S LIABILITY IS IN ANY EVENT LIMITED TO ONE HUNDRED DOLLARS (USO 00) per shipment in case of an international shipment, unless a higher value is declared on the air waybill at the time of tender and additional charge is paid for, as assessed and determined by RAF for each ONE HUNDRED DOLLARS (USO 100.00) or fraction thereof by which the insured value designated by the customer on the air waybill exceeds ONE HUNDRED DOLLARS (USO 100.00) per shipment.
- Notwithstanding the foregoing, should the customer, at the time of tender, declare a higher value than ONE HUNDRED PESOS (PHP 100.00) for domestic shipment or ONE HUNDRED DOLLARS (USO 00) for international shipment on the air waybill, RAF’s liability shall in any event be limited to the lower of the insured value or the amount of any loss or damage actually sustained by the customer.
- The actual value of the shipment shall be ascertained by reference to its replacement, reconstitution or reconstruction value at the time and place of shipment, whichever is less, without reference to its commercial utility to the customer or to other terms of consequential
- NOTWITHSTANDING ANY OF THE FOREGOING, THE MAXIMUM INSURED VALUE ON ANY SHIPMENT ACCEPTED BY RAF IS TEN THOUSAND DOLLARS (USO 10,00) AND IN NO EVENT SHALL THE LIABILITY OF RAF EXCEED THAT AMOUNT.
- CONSEQUENTIAL DAMAGES EXCLUDED
RAF SHALL NOT BE LIABLE IN ANY EVENT, FOR ANY CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGE FOR OTHER INDIRECT LOSS, HOWEVER, ARISING WHETHER OR NOT RAF HAD KNOWLEDGE THAT SUCH DAMAGE MIGHT BE INCURRED, INCLUDING, BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.
- LIABILITIES NOT ASSUMED
- RAF shall not be liable for any loss, damage, delay, misdelivery, non-delivery not caused by its own negligence, or for any loss, damage, delay, delivery or non-delivery caused by:
- The act, default, or omission of the shipper or consignee or any other party who claims an interest in the shipment.
- The nature of the shipment or any defect, characteristic or inherent vice
- Violation by the shipper or consignee of any term or condition stated herein including, but not limited to, improper or insufficient packing, securing, marking or addressing, misdescribing the contents of any shipment or failure to observe any of these rules relating to the non-acceptance of the shipment for transportation whether such rules are now or hereafter promulgated by
- Acts of God, perils of the air, enemies, public authorities acting with actual or apparent authority or law, acts or omission of postal, customs or other government officials, riots, strikes or other local disputes, hazard incidents to a state of war, weather conditions, temperature or atmospheric changes or conditions, mechanical or other delay, of any aircraft used in providing transportation services or any other cause reasonably beyond control of
- Acts or omissions of any postal service, forwarder or any other entity to whom a shipment is tendered by RAF regardless whether the customer requested or had knowledge of such third-party delivery requirement.
- Electrical or magnetic injury, erasure, or other such damage to electronic or photogenic images or recording in any form, or damage due to insects or
- While RAF will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules, RAF will not under any circumstances be liable for delay in pick up, transportation or delivery of any shipment regardless of the causes of such
- MATERIALS NOT ACCEPTABLE FOR TRANSPORT
- It is the customer’s responsibility to accurately describe the shipment on this air waybill and to ensure that no material is delivered to RAF which has been declared to be unacceptable by
- RAF will not carry any item which is prohibited by law, regulations of state or local
- In the event that a customer should consign to RAF any item that is undervalued for customs purposes or inaccurately described, whether intentionally or otherwise, the customer shall indemnify and hold RAF harmless from all claims, damages, fines and expenses arising in connection therewith, and RAF shall have the right to abandon such property and/or release possession of said property to any agent or employee of any national or local government claiming jurisdiction over such materials. Immediately upon RAF’s obtaining knowledge that such materials infringing these conditions have been turned over to RAF for transport, RAF shall be free to exercise any of its rights, reserved to it under this section without incurring liability whatsoever to the customer.
- PACKAGING AND ADDRESSING
The packaging of the customer’s document or goods for transportation is the customer’s sole responsibility. RAF accepts no responsibility for loss or damage to documents or goods caused by inadequate or inappropriate packaging. It is the sole responsibility of the customer to address adequately each consignment of documents or goods to enable effective delivery to be made. RAF shall not be liable for delay in forwarding or delivery resulting from the customer’s failure to comply with its obligation in this respect.
The customer is liable for all losses, damages and expenses arising as a result of its failure to comply with its obligation under this agreement as a result of its negligence. RAF shall have a lien over the consignor’s goods until all of the charges and expenses (including, but not limited to, storage and insurance charges) incurred by RAF in respect of the transportation of the goods have been met. RAF reserves the right to sell the goods where his charges and expenses have not been paid within one month from the date when RAF gives notice of the exercise of his lien to the consignor.
Any claims against RAF must be submitted in writing to the office of RAF nearest to the location where the shipment was accepted within thirty (30) days of the date of acceptance by RAF for both domestic and international shipment. Except in the event of damage, the same should be reported in writing within seven (7) days from the delivery/receipt of shipment. Notwithstanding any of the foregoing, no claim for loss or damage will be entertained until all transportation charges have been paid.
Any rates quoted by RAF for international carriage are inclusive of local airport taxes but exclusive of any added taxes, duties, levies, imposts, deposits, insurance premiums or outlays incurred in respect of carriage of the customer’s goods. Should the customer indicate by endorsement in the space provided on the air waybill that the receiver shall be liable for any customs duty, the customer shall be liable for such customs duty in the event of default in payment by the receiver. RAF will not be liable for any penalties imposed or loss or damage incurred due to the customer’s documents or goods being impounded by customs or similar authorities and the customer hereby indemnifies RAF against such penalty or loss.
RAF will only carry documents or goods which are the property of the customer and the customer warrants that it is authorized to accept and is accepting these conditions not only on behalf of itself but as agent and on behalf of all other persons who are or may hereafter be interested in the documents or goods. The customer hereby undertakes to indemnify RAF against any damages, costs and expenses resulting from any breach of this warranty. RAF shall not in any event become liable for any misrepresentations undertaken by its customers pertaining to the ownership of the goods for shipment.
- NON-DELIVERY OF SHIPMENT
Notwithstanding the customer’s instruction to the contrary, the customer shall be liable for all costs and expenses related to the shipment of the package and for costs incurred in either returning the shipment or warehousing the shipment pending disposition.
- INSURANCE FOR INTERNATIONAL SHIPMENT
- RAF maintains cargo liability insurance for international shipment to the full extent of the liability offered to the
- At the request of the customer and upon payment of premium therefore at the then prevailing rates apart from charges of carriage, RAF will arrange insurance coverage in behalf of the shipper in an amount not exceeding Ten Thousand Dollars (USO 10,000.00).
- The insurance cover shall be governed by all terms and conditions contained in the policy of insurance issued by the insurance carrier. A certificate evidencing such insurance will be made available to the shipper.
- CONSEQUENTIAL DAMAGES AND LOSS OR DAMAGE RESULTING FROM DELAYS IN TRANSPORTATION ARE NOT COVERED BY ANY SUCH POLICY OR INSURANCE.
- WARSAW CONVENTION
Where the rules relating to liability established by the Warsaw convention or the CMR convention apply, the carrier’s liability is governed by and shall be limited in accordance with such rules. Subject to applicable law where the Warsaw convention or the CMR convention do not apply, liability to loss or damage is governed by these terms and conditions and shall be limited to proven damages up to an amount not exceeding USO 100.00 per shipment or USO 20.00 per kilogram (or the equivalent in local currency), whichever is greater.