1.    DEFINITIONS.  As used in this contract, "JAC" refer to JOHNNY AIR CARGO CANADA, its employees and agents. "Shipper" means the owner of the goods transported hereunder, its authorized agent having any interest in the shipment. 

 

2.   AGREEMENT TO TERMS. By tendering material for shipment by Johnny Air Cargo Canada (JAC) the shipper agrees to the terms and conditions as indicated herein and/or in the Non-Negotiable Air Waybill, in any applicable tariff and JAC Standard Conditions of Carriage, copies of which are available upon request. The Terms and Conditions of this contract is subject to the rules relating to liability established by the Warsaw Convention. Applicable tariff of the country of ultimate destination other than country of departure shall be in force. No one may alter or modify these terms and conditions.

 

3. SHIPPER'S OBLIGATIONS. Shipper warrant that each article in the shipment is properly described on the Air Waybill and is acceptable for transport by JAC, and that the shipment is properly packaged to ensure safe transportation with ordinary care and handling. All shipments are subject to electronic and/or physical inspection and may be opened to confirm conformance to all rules, regulations, and restrictions in shipping. Likewise, the Shipper is aware of this and agrees to inspection of the shipment when required. Shipper is responsible for all charges, including transportation charges, duties and taxes, legal costs, related to the shipment. Shipper acknowledges that JAC may abandon and/or release any item consigned by the shipper to JAC which the shipper has misdeclared whether intentionally or otherwise, without incurring any liability whatsoever to the shipper and the shipper save and defend indemnity and hold JAC harmless for all claims, damages, fines, and expenses arising therefrom. 

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4. CHARGEABLE BILLABLE WEIGHT. JAC uses whichever is greater between the dimensional (volume) weight and the actual (scaled) weight.  Dimensional weight is based on volume (the amount of space a package occupies in relation to the actual weight), while actual weight is based on actual weight. To determine if dimensional weight applies to your package, follow these steps:

     1. Measure the length, width, and height in inches, rounding dimensions of half an inch or more to the next full inch. Drop any fractions that are less than half an inch. Then multiply these numbers together. This is the cubic size of your package.

     2. Divide the cubic size by 166, rounding up to the nearest whole pound. This is the dimensional weight of your package in pounds, lbs.

     3. Compare this number with the actual weight of your package in pounds, lbs. Price of your shipment will be based on the greater of the two values.

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5. LIMITATION OF LIABILITY. The maximum liability of JAC to loss is $100 unless a higher value is declared in advance by the shipper and the shipper paid the supplemental insurance charge. The liability of JAC for loss is limited to the lesser of your declared value or the cost of carriage. JAC does not ensure for breakage.

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6. LIABILITIES NOT ASSUMED.  JAC SHALL NOT BE LIABLE, IN ANY EVENT, FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER INDIRECT LOSS, HOWEVER ARISING, WHETHER OR NOT JAC HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.  INCLUDING BUT NOT LIMITED TO, LOSS OF INCOME, PROFITS, INTEREST, UTILITY, OR LOSS OF MARKET. JAC shall not be liable for any item which the shipper has improperly packed, marked addressed or misdeclared, whether intentionally or otherwise, without incurring any liability whatsoever to the shipper and the shipper save and defend indemnity and hold JAC harmless for all claims, damages, fines and expenses arising therefrom.

Further, JAC shall not be liable for any loss or damage, misdelivery,  non-delivery, or delays in delivery due to acts of God or force majeure such as but not limited to natural calamities, war, rebellion, civil commotion, act of public enemies, airline issues and delays, shipper's fault, inherent defect of goods, government actions and the like, as well as occurrences of any cause reasonably beyond the control of JAC or caused by 

     (i) The act, default or omission of the shipper, the consignee of any other party who claims an interest in the shipment including violation of any term or condition hereof or of any person other than JAC or any Government Officials, or of any Postal Service forwarder, Cargo forwarder, Airline Cargo forwarder, Cargo Logistics Service or other entity or person to whom shipment is tendered by JAC for transportation to any location served or not regularly served by JAC regardless of whether the shipper requested of had knowledge of such third party delivery arrangement.

     (ii) The nature of the shipment or any detect, characteristics, or any vice thereof.

     (iii) Electrical or magnetic injury, erasure, or other such damage to electronic or photographic images or recordings in any form.

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7. CLAIMS. Any claims must be brought by the shipper and delivered in writing to the offices of JAC nearest the location at which the shipment was accepted within 30 days of the date of such acceptance. No claim may be made against JAC outside of that limit.

No claim for loss or damage will be entertained until all transportation charges have been paid. The amount of any such claim may be deducted from any transportation charges owed JAC.

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8. RESPONSIBILITY TO PAYMENT.  Regardless of the billing instructions, the shipper shall be primarily responsible for all costs and expenses related to the shipment and for costs incurred for returning the shipment to the shipper or warehousing the shipment pending disposition.

JAC shall have a lien on any goods shipped for all freight charges, customs duties, advances or other charges of any kind arising out of the transportation hereunder and may refuse to surrender possession of teh goods until such charges are paid.

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9. EXPORT AND CUSTOMS CLEARANCE. By tendering material to JAC, the Shipper appoints JAC as agent to arrange export and customs clearance of the material unless otherwise specified on the front of the AirWay Bill. The shipper shall comply with all applicable laws, and regulations, of any country to, from, and over which the goods may be carried, including but not limited to those regarding export licensing or restrictions, trade embargoes, packaging, carriage or delivery of the goods, and shall furnish such information, including but not limited to accurate merchandise descriptions and values, and attach to the Air Waybill any document, permits or licenses as may be necessary to comply with such laws and regulations. JAC is not liable to the shipper for loss or expense due to the shippers failure to comply with this provision.

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10. SHIPPERS LETTER OF INSTRUCTION. If attached necessary documents required for carriage are not appropriate to comply with such laws and regulations, JAC may complete, or replace such documents at shippers expense. 

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11. APPLICABLE LAW/JURISDICTION/ARBITRATION. The invoice/contract/Air Waybill shall be deemed fully executed and performed in the City of Toronto, Province of Ontario, Canada and shall be governed and construed in accordance with the laws thereof. Shipper and Johnny Air Cargo agree that the exclusive jurisdiction and venue shall be in the City of Toronto, Province of Ontario, Canada and Johnny Air Cargo further agree that any dispute or disagreement arising between or among the parties with respect to the invoice contract or the meaning or interpretation or any provision herein, or concerning their rights of obligations hereunder or concerning their rights and duties or any other matter or thing not herein otherwise specifically provided for, shall be determined by arbitration in accordance with the then rules and regulations of teh Canadian Arbitration Association in Toronto and the laws of the Province of Ontario.

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