Terms & Conditions

Please review the following terms and conditions, which apply to all Bellair shipment services:

  1. In tendering this shipment, the Shipper agrees to these Conditions of Contract, which no agent or employee of the parties may alter, and that this airbill is Non-Negotiable and has been prepared by the Shipper. The Shipper certifies and represents to BELLAIR that the information inserted on the face of this airbill is complete and accurate. It is agreed among the parties involved that the conditions of carriage for this shipment are governed by BELLAIR's tariffs, available for inspection at BELLAIR offices, and which are hereby incorporated into this contract. NOTE: Shipper in this contract means the party from whom the shipment is received, the party who requests the shipment be transported by BELLAIR, any party having an interest in the shipment, and any party who acts as agent for any of the above.
  2. SHIPPER WARRANTS that each package in this shipment is properly described on the airbill, is properly marked and addressed, is packaged adequately to protect the enclosed goods to insure safe transportation with ordinary care in handling, and except as noted in good order and condition. For articles shipped in unenclosed containers that are adequately packaged and marked to insure safe transportation with ordinary care in handling, BELLAIR shall not be liable for damage/loss unless abusive handling and/or loss is evident and is so noted on the delivery receipt at time of delivery. NOTE: A shipment in which delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary care in handling.
  3. At time of delivery, the CONSIGNEE MUST NOTE on the airbill any exceptions to the shipping containers that would indicate a discrepancy (shortage to the shipment, damage to the containers, or possible damage to the contents of the containers). The Consignee may not inspect the contents of the shipping containers until the Consignee signs for the shipment on the delivery receipt. NOTE: Such notations as "Subject to inspection" and "Subject to recount" are not exceptions.
  4. BELLAIR SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME INTEREST, UTILITY OR LOSS OF MARKET, WHETHER OR NOT BELLAIR HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
  5. Due to the inherent nature of the air freight business, BELLAIR does not guarantee pick up, transportation, or delivery by a stipulated date or a stipulated time, nor shall BELLAIR be liable for the consequences of failure to do so.
  6. Overcharge claims must be received in WRITING by BELLAIR within 120 days after date of acceptance of the shipment by BELLAIR. All other claims (except concealed loss/damage claims) must be received in WRITING by BELLAIR 21 days after BELLAIR accepted the shipment. Concealed loss/damage claims (i.e., claims for loss or damage discovered by the Consignee after delivery and after a clear receipt has been given) must be received in WRITING by BELLAIR within 7 days after delivery, or if perishables, verbally within 48 hours. For damage claims and concealed loss claims, BELLAIR must be notified of the damage or concealed loss within 14 days of delivery and BELLAIR must be allowed the privilege to make inspection of the shipment and its container(s) and packaging material(s) at the delivery location shown on this airbill. No claims will be entertained until all transportation charges have been paid. Claims may not be deducted from transportation charges and no claims may be deducted from any charges owed BELLAIR. Legal action to enforce a claim must be brought within one year after the claim has been denied in writing by BELLAIR in whole or in part.
  7. BELLAIR's liability, in the absence of a higher declared value for carriage, is limited to a minimum of $50.00 per shipment or $0.50 per pound, per piece, of cargo lost, damaged, misdelivered or otherwise adversely affected. This limitation is subject to provisions as published in BELLAIR's governing tariffs in effect at the time of this shipment. Declared values for carriage in excess of $0.50 per pound, per piece, shall be subject to an excess valuation charge.
  8. Unless each piece of the shipment has a declared value stated and is specially identified on the BELLAIR airbill at time of shipment and is so identified on the BELLAIR airbill as being lost, damaged, destroyed or otherwise adversely affected at time of delivery, BELLAIR shall be liable subject to tariff provisions in effect at the time of the shipment for the average declared value of the shipment multiplied by the package weight of the piece(s) adversely affected. The average declared value of the shipment shall be determined by dividing the total declared value of the shipment by the total weight of the shipment.
  9. BELLAIR shall not be liable for loss, damage or delay caused by acts of God, public authorities acting with actual or apparent authority; strikes; labor disputes; weather; mechanical failures; aircraft failures; civil commotions; acts or omissions of customs or quarantine officials; the nature of the shipment or any defects thereof; public enemies; hazards incident to a state of war; acts of terrorism; and by acts, defaults or omissions of the Shipper or Consignee for failure to observe the Terms and Conditions of Contract contained in this airbill including but not limited to the improper packaging, marking, airbill information, and the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions as outlined below.
  10. Unless otherwise expressly provided in BELLAIR's tariffs and subject to any conditions or restrictions contained therein, the following articles will not be accepted for carriage: any shipment prohibited by law; bonds, coins of any kind or currency, gems or stones (cut or uncut), industrial diamonds, gold or silver coined concentrates, jewels; (other than costume jewelry); money, pearls, precious metals, securities (negotiable); time sensitive written material (e.g., bids, contract proposals, etc.) (when the declared value exceeds $0.50 per pound); household goods and/or personal effects when the total declared value of the shipment exceeds $500.00 or when the declared value exceeds $0.50 per pound, per piece, and such other articles provided in BELLAIR's governing tariffs and service guide. BELLAIR shall not be liable for any loss, damage, or delay, liabilities or penalties resulting from the transportation of any of the foregoing articles, however described or misdescribed in this airbill, and no employee or agent of BELLAIR has any authority to accept for transportation such articles or to waive the limitations herein contained.
  11. Without prior notification, BELLAIR is insured for aggregate losses at any one time, at any one place under the cargo policy with maximum limits of $1,000,000.00.
  12. Rates and charges for this shipment will be based on actual or dimensional weight, whichever is greater.
  13. If this is an international shipment, liability rules under the Warsaw Convention shall apply, and BELLAIR accepts this airbill as a Shipper's Letter of Instructions with authorization to prepare and sign on Shipper's behalf an international air waybill. For international shipments, BELLAIR reserves the option to act as agent of the carrier instead of as a forwarder in which event the direct carrier's tariff shall apply to this shipment.
  14. Except as otherwise provided in Carrier's tariffs or conditions of carriage, in carriage to which the Warsaw Convention does not apply Carrier's liability shall not exceed US $20.00 or the equivalent per kilogramme of goods lost, damaged or delayed, unless a higher value is declared by the shipper and a supplementary charge paid.
  15. Unless inserted otherwise on the face of the airbill, the C.O.D. amount of a shipment shall be deemed to be the declared value for carriage amount. This declared value for a carriage amount in excess of $0.50 per pound, per piece, shall be subject to an excess valuation charge.
  16. C.O.D. amounts must be paid to the carrier in cash, or by cashier's check, certified check, money order or if authorized by the shipper in writing or by endorsement on the face of this airbill BELLAIR will accept the consignee's check made payable to the shipper. The sold responsibility of BELLAIR shall be to secure the appropriate financial instruments requested by the shipper and to exercise due care and diligence in forwarding it to the shipper. BELLAIR is not a guarantor of the validity of the financial instrument.
  17. BELLAIR shall have the right to (i) substitute alternate carriers or other means of transportation and (ii) select the routing or deviate from that shown on the face hereof.
  18. This shipment is subject to inspection by BELLAIR, however, BELLAIR is not obligated to perform such inspection.
  19. The Shipper and the Consignee shall be liable jointly and severally for all unpaid charges payable on account of this shipment pursuant to this contract and to pay or indemnify BELLAIR for claims, fines, penalties, damages, costs, (storage, handling, reconsignment, return of freight to Shipper, etc.) or other sums which may be incurred by BELLAIR by reason of any violation of this contract or any other default of the Shipper or Consignee or their agents. BELLAIR shall have a lien on any goods shipped for failure to pay for charges due and payable on account. BELLAIR may refuse to surrender possession of the goods until such charges are paid. Should BELLAIR bring legal action for the enforcement of this contract or collection of any sums due and payable under this contract, BELLAIR shall be entitled to reasonable attorney fees and costs.
  20. All invoices not paid in full within 30 days of invoice date will be subject to a charge of 11/2% per month of total invoice balance.
  21. Shipper and Consignee shall hold BELLAIR and its agents harmless for loss/damage/delay which is a result of auxiliary services including but not limited to local cartage, crating, uncrating, packing, and unpacking which are requested by the Shipper or Consignee and arranged by BELLAIR as a customer service unless such services are actually performed by BELLAIR or its agents. Such limitations of liability shall extend to the selection by BELLAIR of the providers of the auxiliary services. Auxiliary services are those which are performed prior or subsequent to transportation and which may be billed directly by the provider of the service or by BELLAIR. Providers of auxiliary services are contractors for the Shipper or Consignee and are not agents for BELLAIR. Local cartage is the movement of the unpackaged/uncrated freight. NOTE: Under no circumstances will the liability of BELLAIR for loss/damage/delay which is a result of any auxiliary services performed by BELLAIR or its agents be greater than the liability contained in this contract.
  22. Should BELLAIR successfully defend itself for any legal actions brought by any party with an interest in this shipment, BELLAIR shall be entitled to reasonable attorney fees and costs.
  23. Surcharges may apply for after hour and special services.
  24. It is understood and agreed that should the opening of any package after arrival be delayed, and loss or damage which can reasonably be shown to have occurred prior to delivery to final destination be found when packages are eventually opened must be submitted in writing no later than 30 days after arrival at final destination, but not later than 30 days after arrival at final destination. In the event that packages of the above mentioned goods are not to be opened within the above mentioned limit coverage provided shall not apply.