In tendering this shipment, the Shipper or Consignee agrees to these Terms & Conditions of Contract. No agent or employee of the parties may alter the attached document prepared by the Shipper or on Shipper’s behalf by Commodity Forwarders, Inc. henceforth known as CFI.

Commodity Forwarders does not assume liability for any claim as a result of an inability or unfulfilled responsibility deemed that of the air or ocean carrier. These responsibilities include and are not limited to sufficient air space to accommodate a specific booking, a delay resulting from enhanced security measures, weather or mechanical failure, lack of appropriate container equipment, failure to board on a designated flight or a re-accommodated routing which differs from the original booking. Further, it is stipulated that once the cargo is tendered to the air or ocean carrier any and all claims which are caused after the time of tender are to be considered a Carrier Claims and you should refer to our “Carrier Claim Procedure” section.

The shipper warrants that their shipments are packed adequately to protect their shipments and ensure safe transportation with ordinary care in handling. Shippers are required to pack their shipments to withstand 48 hours in transit for domestic air freight shipments and 72 hours for international air freight shipments. Commodity Forwarders offers our customers several options to help maintain the most optimal temperature while in transit. These options are a deterrent to temperature fluctuations and are in no means a guarantee concerning arrival temperatures.

Due to the inherent nature of the airfreight business, CFI does not guarantee delivery by a stipulated date or a stipulated time, nor shall CFI be liable for the consequences of failure to make timely delivery. CFI shall not be liable in any event for any special incidental or consequential damages, including but not limited to loss of profits or loss of income, whether or not CFI had knowledge that such damage might be incurred.

Claim Procedure
Any claim which is to be filed as a result of Commodity Forwarders handling or negligence must be done so according to our claim procedure. Any claim not filed accordingly may be rejected as a result. CFI shall not be liable for loss, damage, acts of terrorism, of delay caused by Acts of God, public authorities, strikes, labor disputes, weather, mechanical, aircraft failures, acts or omissions of Customs or quarantine officials, or civil commotions. All claims are paid based on costs of goods only and loss of profit or replacement of goods value will not be covered.

Notification
All claims (except overcharges) must be received in writing by CFI within 7 days after CFI accepted the shipment.

Concealed loss/damage must be reported in writing to CFI within 7 days after delivery, or if perishable, verbally within 24 hours, and with written follow-up either fax or e-mail within 48 hours after delivery.

Commodity Forwarders makes every attempt to settle their claims as quickly as possible. The claim process should take no more then 45 days from date of notification. Commodity Forwarders will also file claims with the carriers on the shipper’s/consignee’s behalf, however, Commodity Forwarders are dependent on carrier’s; their investigations, offers and settlements.

Mitigation
The Shipper or Consignee must make every reasonable attempt to mitigate the loss on Commodity Forwarders behalf. At no time does Commodity Forwarders take possession of the goods the final settlement value will be based on our interpretation of the Shipper or Consignee's attempt to salvage. The Shipper of record bears title to the goods until such time as they are signed for and possession is taken by another party.

Shipper
For our purposes the shipper is defined as the party which instructs Commodity Forwarders to co-ordinate the transportation of a particular shipment and not to be confused with the supplier of goods. These are not one and the same.

Liability
Legal action to enforce a claim must be brought within one year after the claim has been denied in writing by CFI, in whole or in part.

Commodity Forwarders liability in the event of a claim is $.50 USD per pound but not less than $50.00 per shipment, whichever is higher. Higher liabilities may be acceptable only by written contract, duly signed by the Shipper and Commodity Forwarders, Inc.