"Novo Express" means Novo Express International, Inc., its subsidiaries,
(b) "Customer" means the person or firm on whose behalf Novo Express has been hired to perform services, as well as its agents and/ or representatives.
(c) "Shipper" mean s the person tendering goods to Novo Express
for transport or storage and the person for whose account goods are being
transported or stored, and any and all agents and/or representatives of
the Shipper, including, but not limited to, secured parties, warehousemen,
buyers and/or sellers, shipper's agents, insurers and underwriters, break-bulk
agents, and consignees.
(e) "Third Party" means the articles of every kind or description,
including their packaging, containers, or other shipping units or materials,
tendered to Novo Express for transportation, storage and/or delivery as
identified on the face of any shipper's instructions, receipt, truck tag,
bill of lading or other document provided to Novo Express.
2. Responsibilities of Novo Express
Novo Express issues a bill of lading under its own name as a carrier,
Novo Express acts
Novo Express shall use reasonable care to ensure that written special
instructions concerning the handling, transport, storage or delivery of
Goods or collection of funds in payment for the Goods, including instructions
relating to "Cash/Collect" on "Delivery (C.O.D.)"
shipments, bank drafts, cashier's and/or certified checks, letter(s) of
credit and other documents, are complied with. However, Novo Express shall
have no liability if the person or firm which is responsible for executing
the instructions or obtaining the documents required fails to follow the
3. Limitations of Liability of Carriers and Others
or firms to whom Novo Express entrusts Goods often limit their liability
to amounts which
If Novo Express does not receive written instructions to request a higher limit of liability or declare a value, or upon the failure or refusal of the Customer/Shipper/Third Party to pay for the higher limit of liability or declared value requested, or upon the refusal of the person or firm to whom the goods are to be entrusted to accept the goods at the higher limit of liability or declared value requested, Novo Express may, in its discretion, tender the goods to the person or firm subject to the standard limit of liability offered, without incurring liability for doing so.
4. Customer/Shipper/Third Party/Consignee Warranties
Customer, Shipper, Third Party and Consignee warrant and represent as follows:
(a) The amount and description of any Goods tendered to Novo Express for handling, transportation, storage and/or delivery as set forth on the face of any shipper's instructions, receipt, truck tag, bill of lading or other document provided to Novo Express is accurate.
(b) The goods tendered for handling, transport, storage and/or delivery are not "unacceptable goods" as described in paragraphs 5(a) through 5(h) below;
(c) The Goods have been properly packed, marked and secured to ensure safe handling, transportation, storage and/or delivery with ordinary care;
(d) The Goods have been packed in compliance with any applicable governmental laws or regulations which pertain to their transport, storage and/or delivery.
Customer, Shipper, Third Party and Consignee jointly and severally agree to indemnify Novo Express and hold it harmless from any claims which may arise as a consequence of any breach of the foregoing representations and warranties, including, without limitation, claims for personal injury or property damage.
5. Unacceptable Goods
following goods are unacceptable goods and shall not be accepted for handling,
(a) Valuables, including articles which have a value, whether declared or not, of more than $500 per pound, unless Novo Express has consented to transport or store such Goods in a separate writing:
(b) Gold, platinum or other precious metals or any products thereof;
Paper money, coins, marketable securities, traveler's checks, stamps and
bank cards or
(d) Precious gems, including diamonds, rubies, emeralds, sapphires, opals, pearls (including cultured pearls), and ornaments and accessories made therefrom or incorporating such articles;
(f) Human remains and ashes;
Dangerous or hazardous articles, including, without limitation explosives,
Any article with a declared value in excess of $1,000.00, unless an authorized
Other Goods which are deemed to be inappropriate for transport or storage
6. Right to Inspect
Express and the persons or firms to whom Goods are entrusted are entitled,
but shall have no
7. Freight and Other Charges
Quotations as to fees, freight charges, insurance premiums or other charges
given by Novo
(b) The Customer, Shipper and Third Party, jointly and severally, and the Consignee in the event of a freight collect shipment, agree to pay all freight, storage and other charges payable for shipment of the Goods described on the face of any shipper's instructions, receipts, track tag, bill of lading or other document provided to Novo Express.
(c) If the transaction involves a freight collect shipment, Customer, Shipper and Third Party acknowledge and agree that Novo Express may decline to make delivery of the shipment unless and until all freight and other charges have been paid.
(d) Customer, Shipper, Consignee and Third Party acknowledge that the freight and other charges collected or determined to be due at the time of receipt by Novo Express have been established based upon their representations concerning the Goods to be transported and/or stored, and that additional charges may be due if the representations are later determined to be inaccurate.
(e) Novo Express shall have a general and continuing lien on all Goods
and documents delivered to Novo Express by the Customer, Shipper, Third
Party or Consignee for all charges which are payable to Novo Express by
the Customer, Shipper, Third Party or Consignee, regardless of whether
the charges related to (i) the Goods and documents upon which the lien
is asserted, (ii) Goods previously handled, or (iii) other charges.
(g) In the event that it becomes necessary to retain an attorney to collect
freight, storage or other charges owed under these Terms and Conditions
or to recover an amount which is due under
8. General Provisions Regarding Handling, Transportation and Storage of Goods
The handling, transportation, storage and delivery of Goods is subject
(b) The transportation of Goods is subject to inherent delays which cannot be controlled by Novo Express or the carrier of the goods. Notwithstanding any oral or written agreement to the contrary, neither Novo Express nor the carrier guarantees that the Goods will arrive at the destination at any particular time.
If Novo Express has issued a bill of lading in its own name as a carrier,
and if the Goods are
9. Limitation on Novo Express's Liability
Unless Novo Express issues a bill of lading under its own name as carrier
(in which case its
(b) Unless additional liability coverage is purchased in accordance with subparagraph (c) below, Novo Express's liability shall be limited to the lesser of (i) $50 per shipment, (ii) $.50 per pound of the Goods which are lost, damaged or delayed, or (iii) the difference between the amount incurred by Novo Express in connection with the handling, transport, storage and/or delivery of the Goods and the amount charged to the Customer, Shipper, Third Party and/or Consignee.
(c) In connection with all services performed by Novo Express, additional liability coverage may be available, up to the actual or declared value of the Goods in issued; such coverage must be requested and confirmed in writing by Novo Express prior to tender of Goods to Novo Express for handling, transportation or storage.
(d) Novo Express shall not be liable or responsible for consequential, indirect, incidental, statutory or punitive damages, even if it has been put on notice of the possibility of such damages.
Party/Consignee agrees to indemnify, defend, and hold Novo Express
11. Advancing Money
Customer/Shipper/Third Party agrees, jointly and severally, to pay all charges in advance unless the Novo Express agrees in writing to extend credit; the granting of credit in connection with a particular transaction shall not be considered a waiver of this provision as to other transaction.
the extent permitted by law, Customer, Shipper, Third Party and Consignee
agree that, in the
13. Conditions for Filing Suit Against Novo Express
Except in cases in which a shorter or longer period of notice is prescribed
by law, Novo
(b) Novo Express shall be relieved of all liability unless suit is filed
in a proper forum and venue and a copy of the suit is properly served
on Novo Express within the following time limits:
(ii) For claims arising out of air, ground, inland water or rail transportation, within two (2) years from the date of the loss or damage, or the date the Goods arrived or should have arrived at the destination, whichever is earlier;
(iii) For claims of any other type, within two (2) years from the date of the events giving rise to the loss or damage.
(c) Any suit against Novo Express for loss or damage arising out of the handling, transport, storage or delivery of Goods must be filed in the County of San Mateo, State of California, United States of America.
14. Modification of These Terms and Conditions
Terms and Conditions of Service may only be modified, altered or amended
in a writing
the event any paragraph and/or portion of these Terms and Conditions is
found to be invalid or
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