Conditions Of Contract

  1. In tendering this shipment to Explore AIRTRANS Services, LLC, hereafter to be called EAS, the shipper agrees to these conditions of Contract for Carriage, which no agent or employee of the parties may alter, and that this shipping document is non-negotiable and has been prepared by the shipper. The shipper certifies and represents to EAS that the information inserted on the face of this shipping document is complete and accurate. It is agreed among the parties involved that the conditions of contract for carriage for this shipment are governed by EAS tariffs, rules and regulations, available for inspection, and which are hereby incorporated into this contract, and a copy of which can be supplied upon request. NOTE: “Shipper” on this contract means the party from whom the shipment is received, the party who requested the shipment be transported by EAS, and any party having any interest in the shipment, and any party who acts as an agent for any of the above. Except to the extent of any written contract between shipper and EAS signed by an officer of the company, this shipping document supersedes and negates any claimed, alleged or asserted oral contract,  promise, representation or understanding between the parties with respect to this shipment.
  2. In the event that the shipment is tendered to Explore on a straight bill of lading, an unsigned Explore airbill, or any other shipping document, EAS rules, regulations and conditions of contract will supersede any rules and regulations, or the like, contained on shipping document on which the freight was tendered.
  3. The following shipments will not be accepted under any circumstances any shipment prohibited by law, corpses, cremated remains, live animals, precious metals, coins, currency or negotiable instruments, stamps, fur, fur clothing, gem stones (cut or uncut), pearls, artwork, objects of art, jewelry, antiques (excluding rugs, namely Oriental or Indian), original manuscripts, drawings, microfilm, any original of which no other copy exists, archeological goods, perishables, hazardous materials and substances.
  4. The following shipments will not be accepted with a declared value on the airbill: shipments of any prototype material, models, one of kind items, rugs, namely Oriental or Indian, time-sensitive written material (e.g. bids, contract/proposals, proxy material, etc.), personal effects, household goods, plasma screens or the like.
  5.  It is mutually agreed that the shipment described herein is accepted on the date of the front of the airbill, in apparent good order (except as noted) for carriage as specified, subject to applicable tariffs, rules and regulations in effect as of the date signed on the airbill. Shipper warrants that each package in this shipment is properly and completely described on this shipping document, 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, is in good order and condition. For articles shipped in unenclosed containers, EAS shall not be liable for loss and/or damage to external shipping containers of any kind.
  6. At the time of delivery, the consignee must note on the delivery receipt any exceptions to the shipping containers that would indicate a discrepancy (or shortage or damage to the containers) in the shipment. The consignee may not inspect the contents of the shipping containers until the consignee signs for the shipment on the delivery receipt. Such notations as “subject to inspection” and “subject to recount” are not acceptable exceptions. 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. NOTE: Under no circumstances shall Explore be liable for loss and/or damage to external shipping containers of any kind.
  7. EAS shall not be liable in any event for any consequential, special or incidental damages, including but not limited to loss of profits, income interest, utility, or loss of market, whether or not Explore had knowledge that such damages might be incurred.
  8. For shipments originating and terminating in the U.S.A. in consideration of Explore’s rate for the transportation of any shipment, which rate, in part, is dependent upon the value of the shipment, the shipper and all other parties having interest in the shipment agree that Explore’s liability for carriage, is limited to a minimum of $50.00 per shipment or $.50 per pound, per piece, of cargo lost, damaged misdelivered, or otherwise adversely affected, but in no event shall the amount exceed the actual invoice value or cost of the goods. This limitation is subject to provisions as published in EAS’s governing tariffs and conditions of contract in effect at the time of this shipment. Declared values for carriage, in excess of $50.00 minimum or $.50 per pound, per piece, shall be subject to an excess valuation charge.
  9. Unless each numbered piece of the shipment has a specified declared value stated on the Explore airbill at the time of pickup and is specifically identified on the delivery receipt as being lost, damaged, destroyed or otherwise adversely affected at the time of deliver, Explore shall be liable subject to the tariff provisions in effect at the time of shipment, for the “average declared value”. The “average declared value” of the shipment shall be determined by first dividing the total declared value of the shipment by the total weight of the shipment. This figure, multiplied by the package weight of the piece's) (or the average weight if not clearly marked) adversely affected, shall then establish the amount of EAS’s liability. EAS’s liability shall in no event exceed the actual invoice value or cost of the goods adversely affected. The total declared value arrived must be inserted in the DECLARED VALUE box on the face of this shipping document.
  10. Non-Delivery Coverage applies to Rug shipments only. The maximum liability is $8,000.00 per bale (wrapped roll). The amount of Non-Delivery Coverage must be written in the declared value box on the (Enter Amount) line on the front of the EAS airbill. “For Non-Delivery Coverage Only” must be written on the Explore airbill in the declared value box to the left of the amount. Settlement would be based on the “average Non-Delivery Coverage value”. If each bale has a different value, you must number each bale and assign a value to each numbered bale itemized on the EAS airbill at the time of pickup. You MUST have an Explore airbill at the time pickup. EAS’s liability shall in no event exceed the actual invoice value or cost of the goods adversely affected.
  11. EAS’s liability for aggregate losses at any one time at any one place is limited to $1,000,000.00. For shipments having declared over $25,000.00 EAS must be given advance notice prior to pickup.
  12. EAS shall not be liable for any loss, damage, delay, misdelivery or monetary loss of any type caused a) Acts of God, perils of the air, public enemies, public authorities acting with actual or apparent authority of law, weather, mechanical failures, aircraft failures, act of or omissions of customs, quarantines, riots, strikes, labor disputes, civil commotion, or hazards or dangers incident to state of war, acts of terrorism, b) the acts, defaults, omissions, or violations of he Shipper, Consignee or any party claiming an interest in the shipment, or for failure to observe the terms and conditions of contract for carriage contained in this shipping document, including but not limited to improper packaging, marking, incomplete/inaccurate shipping instructions or the rules relating to freight not acceptable for transportation or freight acceptable only under certain conditions c) the nature of the freight or any defect thereof.
  13. Due to the inherent nature of the transportation business, it is agreed that no time is fixed for the completion of carriage hereunder and the EAS shall not be liable for any consequences thereof. Alternate carriers or aircraft may be substituted without notice. EAS assumes no obligations to carry the goods following any particular routes or schedules, not withstanding that the same may be stated on the face of the airbill.
  14. In the event of the failure or inability of the consignee to take delivery of the shipment, EAS will notify the shipper in writing at the address shown on the shipping document and request disposition instructions. If the shipper fails to provide disposition instructions within 30 days after the date of EAS notice, EAS will return the shipment to the shipper at the shipper’s round trip expense. If the shipper fails to accept delivery of shipment thus returned, EAS may dispose of the shipment at a public or private sale and pay itself out of the proceeds to satisfy the transportation and any storage or other charges owing on this or any other shipment. Any sums collected by EAS in excess of such transportation or other charges will be paid to the shipper upon written request. No sale or disposal pursuant to this rule will discharge any liability or lien to any greater extent than the proceeds thereof. The shipper and the consignee shall remain liable, jointly and severally, for any deficiency.
  15. A) All claims for overcharges must be made in writing within a period of one year after the date of acceptance of the shipment by EAS. All other claims (except concealed loss/damage) must be received in writing by EAS within 30 days after EAS accepted the shipment and must be perfected within six months after notification or claim will not be honored. B) Damage and/or loss discovered by the consignee after delivery and after a clear receipt has been given to the carrier must be reported in writing to EAS on an EAS claim notification form within 12 days after the delivery of the shipment, with privilege to EAS or a representative of it’s insurance company to make inspection of the shipment and the packing materials. C) Except as provided in the above paragraph 15B, receipt by the consignee of the shipment without written notification of damage on the delivery receipt shall be Prima Facie Evidence that the shipment has been delivered in good condition. D) While awaiting inspection by EAS or a representative of its insurance company the consignee must hold the shipping container and it’s contents in the same condition they were in when the damage was discovered. E) No claims shall be entertained until all transportation charges have been paid. Claims may not be deducted from the transportation or any other charges owed EAS. F) EAS shall not be liable in any action brought to enforce a claim unless all procedures have been complied with and the action is brought within one year after the date that EAS disallowed all or part of the claim.
  16. Collect on Delivery (C.O.D.) service is provided under the following conditions: A) Shipper must identify the shipment as a C.O.D. shipment by entering the amount to be collected in the “C.O.D. Box” on the front of this shipping document, B) shipper must specify the type of payment to be received (e.g. cash, check, money order or cashier’s check) in the “Special Instructions Box” on the front of this shipping document, C) EAS and shipper agree that EAS does not Guarantee type of check collected nor verify that a check, money order, cashier’s check or other such financial instruments are valid or negotiable. All payments are collected at shipper’s risk D) unless prior arrangements are made with an officer of the company, the acceptance of cash by EAS for payments of freight charges and/or C.O.D. amount is limited to a maximum of $2000.00 per shipment. Payment of freight charges and/or C.O.D. amounts in excess of $2000.00 must be remitted by cashier’s check, money order, certified check or consignee check as authorized by the shipper or EAS. If the type of check is not cancelled EAS assures amount to be collected.
  17. EAS is authorized (but shall be under no obligation) to advance any duties, taxes, or charges and to make disbursements with respect to the goods and the shipper, owner and consignee shall be jointly and severally liable for the reimbursement thereof.
  18. This shipment is subject to inspection by EAS; however, EAS is not obligated to perform such inspection.
  19. The shipper and the consignee shall be jointly and severally liable for all unpaid charges payable on account of the shipment pursuant to this contract. The shipper and the consignee also agree to pay or indemnify EAS for all claims fines, penalties, damages, cost (storage, handling, reconsignment, return of freight to the shipper), or other sums which may be incurred, suffered, or disbursed by EAS by any reason of violation of any of the rules contained in applicable tariffs or any other default of the shipper or of other parties with respect tot he shipment. EAS shall have a lien on any goods shipped for failure to pay charges payable on account of this shipment or other shipments pursuant to this contract. EAS may refuse to surrender possession of the goods until such charges are paid. Should EAS bring collection action for the enforcement of this contract collection of any sums due and payable under this contract, the shipper and the consignee shall be jointly liable for collection charges due to the collection agency. Should EAS bring legal action for the enforcement of this contract collection of any sums due and payable under this contract, EAS shall be entitled to reasonable attorney fees and costs. The shipper guarantees the payment of all charges and advances including but not limited to aforementioned.
  20. Shipper and consignee shall hold Forwarder and its agents harmless for loss/damage/delay any monetary losses which are 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 Forwarder as a customer service unless such services are actually performed by Forwarder or its agents. Such limitation of liability shall extend to the selection by Forwarder 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 services by the Forwarder. Local cartage is the movement of unpacked/uncrated freight. NOTE: Under no circumstances will the liability of Forwarder for any monetary loss which is a result of any auxiliary services performed by Forwarder or its agents be greater than the liability contained in this contract.
  21. A) All invoices are payable within 15 days. Invoices not paid within 30 days of invoice date will be subject to a charge of 1 1/2% per month. EAS can not be responsible for the U.S. Postal Service and/or the services they provide. All invoices are mailed via the U.S. Post Office. B) Explore Airtrans Services, LLC (Explore) had the right to hold shipments for nonpayment of all outstanding monies due to EAS, regardless of ownership or the agreement between the shipper, the consignee and any other party having an interest in said shipment.
  22.  The shipper shall comply with all applicable laws, customs, and other government regulations of any country to, from, through or over which the goods may be carried, including nut not limited to those related to the packing, carriage, or delivery of the goods and shall furnish such information and attach such documents to the airbill as may be necessary to comply with such laws and regulations. EAS is not liable to the shipper or any other person for loss or expense due to the shipper’s failure to comply with this provision.
  23. Shipments are subject to security controls by carriers and, where appropriate, by government agencies. Copies of shipping documents will be retained until the shipment is delivered.
  24. Insofar as any provision contained in this airbill may be contrary to the mandatory law or government regulations, such provisions shall remain applicable to the extent that is not overridden thereby. The invalidity of any provision shall not affect any other part thereof. Non-compliance with any of the above stated terms and conditions will make this agreement null and void, releasing EAS from any and all liability.


Cargo items tendered for our transportation are subject to aviation security controls by air carriers and when appropriate, other government regulation. Copies of all shipping documents showing that cargo’s consignee, description and other relevant data will be retained on file until the cargo completes its air transportation.