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피해보상규정
1. FHL EXPRESS Liability
FHL EXPRESS liability is strictly limited to direct loss only and to the per kg./lb. limits inthis Section 6. If Shipper regards these limits as insufficient it must make aspecial declaration of value and request Shipment Value Protection as describedin section 8 (Shipment Value Protection) or make its own insurance arrangements. All other types of loss or damage are excluded (including but not limitedto lost profits, income, interest, future business), whether such loss or damageis special or indirect, and even if the risk of such loss or damage was broughtto FHL EXPRESS attention before or after acceptance of the Shipment since special riskscan be insured by Shipper. If a Shipment combines carriage by air, road orother mode of transport, it shall be presumed that any loss or damage occurredduring the air period of such carriage unless proven otherwise. FHL EXPRESS liabilityin respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed the greater of; $US 100; or For certain international Shipments in which the Warsaw Convention applies, approximately $US 20.00/kg, or $US 9.07/lb., depending on the applicable law; or $US 10.00/kg.
or $US 4.5/lb. for Shipments transported by road (not applicable to the US).
2. Claims
Claims are limited to one claim per Shipment, settlement of which will be fulland final settlement for all loss or damage in connection therewith.
All Claims must be submitted in writing to FHL EXPRESS within thirty(30) days from thedate that FHL EXPRESS accepted the Shipment, failing which FHL EXPRESS shall have no liabilitywhatsoever.
All of the original shipping cartons, packing and contents must be made availablefor FHL EXPRESS inspection and retained until the claim is concluded.
FHL EXPRESS is not obligated to act on any claim until all transportation charges havebeen paid.
3. Shipment Value Protection
If the Shipment has actual value greater than the liability limits listed in Section6, FHL EXPRESS can arrange Shipment Value Protection for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment providedShipper completes the Declared Value for Carriage section on the front of thewaybill or requests it via FHL EXPRESS automated systems and pays the applicablepremium. Shipment Value Protection does not cover indirect loss or damage, or loss or damage caused by delays. If Shipper does not declare a value forcarriage and pay the appropriate charge, Shipper assumes all risks of lossor damage over the amount of FHL EXPRESS liability as stated in Section 6.
4. Delayed Shipments.
FHL EXPRESS will make every reasonable effort to deliver the Shipment according to FHL EXPRESS regular delivery schedules, but these are not guaranteed and do not form part of the contract. FHL EXPRESS is not liable for any damages or loss caused by delays.
5. Circumstances Beyond HDL's Control
FHL EXPRESS is not liable for any loss or damage arising out of Circumstances Beyond FHL EXPRESS Control. These include but are not limited to; - "Act of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" -e.g. war, plane crash or embargo any defect or characteristic related to the nature of the Shipment, even if known to FHL EXPRESS; riot or civil commotion; any act or omission by a person not employed or contracted by FHL EXPRESS, e.g. Shipper, Consignee, third party, Customs or other government official, labor strike; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
6. Warsaw Convention
If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, if applicable, governs and in most cases limits FHL EXPRESS liability for loss or damage.
7. Shipper's Warranties and Indemnity
Shipper shall indemnify and hold FHL EXPRESS harmless for any loss or damage arising out of Shipper's failure to comply with any applicable laws or regulations and for Shipper's breach of the following warranties and representations. all information provided by Shipper or its representatives is complete and accurate; Shipper protected the Shipment against unauthorized interference duringpreparation, storage and transportation to HDL; the Shipment is properly marked and addressed and packed to ensure safetransportation with ordinary care in handling; all applicable Customs, import, export and other laws and regulations havebeen complied with; and the waybill has been signed by Shipper's authorized representative and theTerms and Conditions constitute binding and enforceable obligations of Shipper.
8. Routing
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places which FHL EXPRESS deems appropriate.
9. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment.
10. Severability
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.