Corvus Airlines d/b/a Ravn Alaska – U.S. Domestic Conditions of Contract (Cargo)
1. In tendering the shipment described herein, the shipper agrees to these terms and conditions which no agent or employee of the parties may waive or alter, and agrees that this Ravn Alaska Air Waybill is non-negotiable, does not convey title to the goods transported and has been prepared by the shipper or prepared or completed by Ravn Alaska on behalf of the shipper.
2. Shipper warrants that all articles in the shipment are properly described on the Air Waybill and that the shipment is packed to ensure safe transportation with ordinary care in handling. Shipper warrants that any article susceptible to damage by ordinary handling, or as a result of any conditions normally encountered in air transportation, has been adequately protected by proper packing, markings, and labeling.
3. Ravn Alaska shall have the right, but no obligation, to inspect all shipments and to inquire into the correctness and sufficiency of information or documents tendered in respect of any shipment. Consignee may not inspect or examine the contents of any part or any package in the shipment prior to paying for shipment and signing for receipt of the shipment on the delivery copy of the Air Waybill.
4. The statements on this Air Waybill relating to the weight, dimensions, packing and number of packages in the shipment shall be prima facie evidence of the facts stated. Statements relating to the quantity, volume and condition of this shipment shall not constitute evidence against Ravn Alaska or any other Carrier unless such statements have been noted on the Air Waybill by Ravn Alaska in the presence of the shipper.
5. This Air Waybill and Ravn Alaska’s Official Rules and Regulations, (which are hereby incorporated and made part of this contract, are available for inspection at any Ravn Alaska cargo office and for which copies may be obtained by writing to Ravn Alaska Cargo, 4750 Old International Airport Road, Anchorage, AK 99502), rates and any government regulations applicable to the shipment shall apply at all times when the shipment is in the possession of Ravn Alaska and its agents.
6. Exclusion from Liability.
RAVN ALASKA SHALL NOT BE LIABLE FOR LOSS, DAMAGE, DELAY OR OTHER RESULT CAUSED BY: (I) ACTS OF GOD, PUBLIC ENEMIES, TERRORISTS OR PUBLIC AUTHORITIES; (II) PERILS OF THE AIR, QUARANTINE, RIOTS, STRIKES, OR CIVIL COMMOTION; (III) HAZARDS OR DANGERS INCIDENT TO A STATE OF WAR; (IV) THE ACT OR DEFAULT OF THE SHIPPER OR CONSIGNEE; (V) THE NATURE OF THE SHIPMENT, OR ANY DEFECT, CHARACTERISTIC OR INHERENT VICE THEREOF; (VI) IMPROPER OR INSUFFICIENT PACKING; (VII) SHORTAGE OF ARTICLES LOADED AND SEALED IN CONTAINERS BY THE SHIPPER, PROVIDED THE SEAL IS UNBROKEN AT THE TIME OF DELIVERY AND THE CONTAINER RETAINS ITS BASIC INTEGRITY; OR (VIII) SHIPPER’S FAILURE TO COMPLY WITH ALL APPLICABLE LAWS AND ALL CUSTOMS AND OTHER GOVERNMENT REGULATIONS OF ANY JURISDICTION TO, FROM OR THROUGH WHICH THE SHIPMENT MAY BE CARRIED, INCLUDING THOSE RELATED TO THE PACKAGING, CARRIAGE OR DELIVERY OF THE SHIPMENT. RAVN ALASKA SHALL NOT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES WHETHER OR NOT RAVN ALASKA HAD ANY KNOWLEDGE THAT SUCH DAMAGE MIGHT BE INCURRED.
7. Limit of Liability.
SHIPPER, CONSIGNEE AND ALL PARTIES HAVING AN INTEREST IN THE SHIPMENT AGREE THAT THE VALUE OF THE SHIPMENT SHALL BE DETERMINED AS FOLLOWS, AND THAT THE TOTAL LIABILITY OF RAVN ALASKA AND ITS AGENTS, INCLUDING LIABILITY FOR SPECIAL OR CONSEQUENTIAL DAMAGES, IF ANY, SHALL IN NO EVENT EXCEED THE LESSER OF: (A) (I) 50 CENTS PER POUND/PER SHIPMENT (BUT NOT LESS THAN $50.00 PER SHIPMENT), UNLESS THE SHIPPER DECLARES A HIGHER VALUE ON THIS AIR WAYBILL AT THE TIME THE SHIPMENT IS TENDERED TO RAVN ALASKA, AND AN ADDITIONAL TRANSPORTATION CHARGE AS SHOWN ON THIS AIR WAYBILL HAS BEEN PAID FOR THE AMOUNT OF DECLARED VALUE EXCEEDING 50 CENTS PER POUND, AND (II) THE AMOUNT OF ANY TRANSPORTATION CHARGE FOR WHICH RAVN ALASKA MAY BE LIABLE; OR (B) THE AMOUNT OF ANY DAMAGE ACTUALLY SUSTAINED.
8. Notice and Disposition of Property.
(A) If a shipment is unclaimed, Ravn Alaska will notify the shipper by mail at the address shown on the Air Waybill. Ravn Alaska will dispose of the shipment in accordance with instructions received from the shipper only, and at the shipper’s expense. If no instructions are received within 30 days after the date of mailing such notice, Ravn Alaska will dispose of the shipment at public or private sale. Shipments of a perishable nature whose value may be diminished by continued storage and, after attempted notification, may be disposed of prior to the 30-day limit
(B) If a shipper or consignee desires special notification when a shipment containing perishable property is delayed in the possession of Ravn Alaska, threatened with deterioration or unclaimed, instructions for such notification must be given on the Air Waybill. If such instructions are not given or cannot be reasonably complied with, Ravn Alaska will determine the routing or disposition of the shipment without further notice to the shipper or consignee.
Signature on the delivery receipt of the Air Waybill by the consignee without complaint shall be prima facie evidence that the shipment has been delivered in good condition and in accordance with the Air Waybill and that the transaction is concluded.
10. Routing and Rerouting.
In order to protect all property accepted for transportation, Ravn Alaska will determine the routing of any shipment not routed by the shipper. Unless specific instructions to the contrary are provided on the Air Waybill by the shipper, Ravn Alaska will change the routing in order to expedite the shipment via any other Carrier or other transportation agency. The transportation charges shall be no greater than the air freight charges from origin to destination via the route shown on the Air Waybill.
Except for such guarantees as Ravn Alaska may make in accepting a “Ravn RUSH” or Priority shipment, Ravn Alaska has no obligation to commence or complete transportation within a certain time or according to any specific schedule, or to transfer a shipment to any other carriers within a certain time.
12. Availability of Equipment and Space.
Ravn Alaska will transport, consistent with its capacity to carry, all cargo accepted for transportation. All shipments are subject to the availability of equipment and aircraft of the size and type necessary to accommodate a Shipment. Ravn Air Group AOG (aircraft-on-ground) parts and “Must Ride” shipments, passengers and their baggage, U.S. Mail, “Ravn RUSH” package express shipments, and shipments traveling at a surcharge of the General Commodity Rate shall at all times have transportation priority over all other types of air cargo.
13. Transportation Charges
Transportation charges will be assessed on the greater of the following: (i) actual weight; (ii) cubic dimensional weight, determined by multiplying in inches the length, width and height and dividing by 194; or (iii) 10 pounds per cubic foot. No charges of any description will be advanced to the shipper or consignee by Ravn Alaska.
14. Claim Procedures.
All claims, other than for overcharges, must be made to Ravn Alaska in writing within 60 days after the date of consignee’s acceptance of the shipment, or, in the case of loss, within 60 days after the date of issuance of the Air Waybill. Claims for overcharge must be made within 90 days of receipt of billing statement. Notwithstanding the foregoing, as a condition precedent to recovery, any damage or loss discovered after a clear receipt has been given to Ravn Alaska must be reported in writing to Ravn Alaska within 15 days after delivery to the consignee, in which case the consignee must hold the shipping container, packaging and contents in the same condition as when damage was discovered for inspection by Ravn Alaska.
15. Limitation of Actions.
Unless a written complaint is made within the time limits specified in Section 14, above, no action may be brought against Ravn Alaska or any other Carrier involved in the transportation of the shipment. Ravn Alaska will not be liable in any action to enforce a claim unless such action is initiated within one year from the date of delivery or attempted delivery, or in the case of loss, from the date of issuance of the Air Waybill; provided that when Ravn Alaska has given written notice to a claimant denying a claim or part of a claim, the one-year period will be extended six months from the date such written notice was given by Ravn Alaska.