保证加急服务-条款 & 条件

美森航海公司. (“澳博体育app下载”) will provide a guarantee of delivery date (the “Guarantee”) to eligible shipments tendered under the 保证特快专递服务 (“GES”) from 中国。.  If a guaranteed shipment is not delivered by the guaranteed delivery date (“GDD”), 澳博体育app下载 will refund the agreed upon percentage of the freight charges, excluding fuel surcharges and accessorial charges, (the “Guarantee Payment”) to the Shipper (defined as the party to the service contract with 澳博体育app下载) subject to the following terms and conditions.

1. 合格的货物
   • 这批货必须在GES下预订.
   • The shipment and all required documentation must be received at 澳博体育app下载’s terminal facility in Shanghai, 宁波, or Xiamen 中国。 before the cut-off time for loading cargo to the intended sailing vessel.
   • The shipment will be routed through the port of 长滩.
   • The destination must be a point within the continental United States serviced by the GES.  Upon request, 澳博体育app下载 will provide a list of points serviced by the GES.
   • The Shipper must have entered into a service contract with 澳博体育app下载 that sets forth the rate and percentage of refund for the GES.
2. 不合格的货物
   • 危险货物
   • 温控货物
   • Cargo requiring special equipment for inland carriage or delivery
3. 保证交货日期
   • 澳博体育app下载 will provide a GDD at the time of booking.
   • The GDD will be calculated as of the date that the shipment is made available at the destination address listed on the 澳博体育app下载 bill of lading, regardless of whether the consignee takes delivery of the shipment.
4. 担保的例外
   1. The Guarantee is not available if delivery by the GDD is frustrated due to an event or condition beyond the reasonable control of 澳博体育app下载 or its independent contractors, including but limited to the following conditions:
      • 目的地址不正确
      • Refusal or unavailability of person at destination address to take delivery
      • Acts of governmental authorities acting alone or in agreement with other governments that impose embargoes, 进出口配额, 职责, or other tariff or non-tariff barriers on trade in goods or services
      • 受U影响的交付.S. 观察到的假期
      • riots; disturbances; war; act of public enemies or public authorities
      • 恐怖主义
      • strikes; lockouts; work stoppage; labor slowdowns; labor unrest
      • prolonged shortage of energy or other supplies
      • mechanical breakdown in equipment, vessels or facilities of 澳博体育app下载 and underlying carriers
      • 火车脱轨
      • 无法通行的公路或铁路线
      • lack of capacity on a street, road, highway or bridge
      • 流行,检疫
      • 天灾, 包括但不限于, 火, 洪水, 飓风, 台风, 地震, 闪电, 恶劣天气和爆炸
      • 货物的缺陷或固有缺陷
      • compliance with laws, regulations, government orders or requirements
      • inspection of cargo by government employees
      • act or omission of nominated customs broker
      • 错误描述或错误申报货物
      • shortage documented at time of transloading in U.S.
      • inadequate shoring, bracing or packing of cargo in container by shipper or its agents
      • act or omission of shipper, consignee or owner of cargo or their agents or principals
   2. The Guarantee is not available if Shipper fails to meet any of the following conditions:
      • All shipments must be pre-cleared by Customs prior to the vessel arrival in 长滩 and Customs cleared no later than Sunday at 1630 PST.
      • All freight and related charges must be prepaid before the shipment arrives in 长滩 or the party responsible for paying freight charges must have established credit with 澳博体育app下载.  Full freight charges are completely earned upon receipt of the shipment by 澳博体育app下载.
      • If the shipment is moving under a negotiable bill of lading, the original bill of lading must be surrendered to 澳博体育app下载 before the shipment arrives in 长滩.
5. 澳博体育app的提单
   • All shipments shall be subject to the terms and conditions of 澳博体育app下载’s bill of lading, and all claims for cargo loss and damage shall be determined in accordance with those terms and conditions.  Clause 11 of 澳博体育app下载’s bill of lading terms and conditions is modified by these GES terms and conditions to that extent that 澳博体育app下载 shall make a Guarantee Payment if an eligible shipment tendered in the GES and meeting the GES terms and conditions is not delivered by the GDD.  澳博体育app下载 shall not be liable for any incidental, 重要的, indirect or punitive damages or claims for loss of profits (even if 澳博体育app下载 is advised of the possibility of same) arising from a failure to deliver a shipment by the GDD.  The Guarantee Payment shall be the sole and exclusive remedy for breach of the Guarantee.
6. 保证付款程序
   • If 澳博体育app下载 fails to deliver an eligible shipment by the GDD, and the delay was not caused by an exception listed in these GES terms and conditions, 澳博体育app下载 will issue a freight correction and refund to the Shipper if all freight charges have been paid.