SERVICE BY AIR, INC. TERMS AND CONDITIONS OF SERVICE

• Service By Air, Inc. is a domestic (U.S.) and international air freight forwarder providing services as an indirect air carrier, including the issuance of house air waybills for individual shipments, assembly, consolidation and arrangement of transportation of goods via direct air carriers, pursuant to exemptions at 49 U.S.C. §§ 13531 and 13506(8).
• Service By Air, Inc. is also duly registered as a surface freight forwarder with the Federal Motor Carrier Safety Administration under Docket No. FF-005392 to provide ground transportation services via motor carriers selected by Service By Air, Inc.
• SBA Consolidators, Inc. is an Ocean Transportation Intermediary duly licensed as both a non-vessel operating common carrier (NVOCC) and ocean freight forwarder with the Federal Maritime Commission under License No. 009688.

• 1. the actual weight, or
• 2. the cubic dimensional weight determined in accordance with Sub-Section (E) of this rule.

• 1. Shipments addressed to United States Government agencies, unless shipped on Government Bill of Lading.
• 2. Shipments destined to exhibition grounds, parks, fairs or similar enclosures where admission is charged for entrance.
• 3. Shipments addressed to hotel guests.
• 4. Shipments addressed to any person and/or organization in care of another person and/or organization.
• 5. Shipments addressed to political organizations.

• 1. The charges for shipments containing oversized pieces (defined in Sub-Section (B) above) shall be based on the higher of the following calculations:
  
  • a). the actual weight of the shipments; or
  • b). multiplying 4,000 pounds by the total number of pallets used (fully or partially). See (2) below for pallet dimensions.
• 2. The dimensions of the pallets to be used are:
  
  • Width: 88 inches
  • Length: 125 inches

• 1. The amount of the C.T.S. must be entered on the Waybill by the shipper in the space provided.
• 2. The letters C.T.S. (or C.O.D.) must be legibly and durably marked, by the shipper, on each piece of a C.T.S. shipment. The markings must also show the number of pieces in the shipment.
• 3. THE FULL AMOUNT OF THE C.T.S. MUST BE PAID BY THE CONSIGNEE'S CHECK MADE PAYABLE TO THE SHIPPER. SBA'S SOLE RESPONSIBILITY SHALL BE TO ACCEPT THE CONSIGNEE'S CHECK AND EXERCISE DUE CARE AND DILIGENCE IN MAILING IT TO THE SHIPPER. THE CHECK WILL BE MAILED TO THE SHIPPER WITHIN TEN (10) BUSINESS DAYS AFTER RECEIPT BY US. WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO PAYMENT OF THE CHECK. ALL RISKS RELATED TO CONSIGNEE'S CHECK SHALL BE ASSUMED BY THE SHIPPER, INCLUDING BUT NOT LIMITED TO NON-PAYMENT, FRAUD OR MISREPRESENTATION. OUR CHARGE FOR THE C.T.S. SERVICE OR ANY OTHER CHARGE PAYABLE TO US MUST NOT BE INCLUDED IN THE CONSIGNEE'S CHECK PAYABLE TO THE SHIPPER.
• 4. Transportation charges, the fee for the C.T.S. service, or any other charges payable by the consignee on delivery shall be made by check payable to us separate from the check payable to the shipper for the C.T.S. amount.
• 5. The disposition of refused or unclaimed C.T.S. shipments may be arranged for by the shipper in the following manner:
  • a). by instructions placed on the Waybill at the time of shipment; or
  • b). by written order to us at origin, SBA will then transmit such instructions to destination at the expense of the shipper.
• 6. C.T.S. shipments refused or unclaimed by the consignee will be held subject to storage charges. If written disposal instructions as prescribed in Sub-Section 5(b) above are not received by us within thirty (30) days after notice has been given to the shipper that the shipment has been refused or unclaimed by the consignee, such shipments will be returned by us to the shipper at the shipper's expense.
• 7. A charge of 3% of the C.T.S. amount, or fraction thereof, subject to a minimum charge of $10.00 per shipment will be assessed for obtaining and mailing the consignee's check.

• 1. Shipments requiring prepayment or guarantee of transportation charges.
• 2. Shipments on which the C.T.S. amount is greater than $50,000.00 (USD).
• 3. If the C.T.S. amount is less than the transportation charges and C.T.S. fee.
• 4. Shipments moving via Same Day Service.
• 5. Shipments of perishable commodities.
• 6. Shipments to or from points outside the United States.

• 1. Title 49 of the U.S. Code of Federal Regulations ("CFR"), revisions thereto or reissues thereof.
• 2. The "Dangerous Goods Regulations" published by the International Air Transport Association ("IATA"), revisions thereto or reissues thereof.
• 3. The International Civil Aviation Organization ("ICAO") "Technical Instructions for the Safe Transport of Dangerous Goods by Air" published by ICAO, revisions thereto or reissues thereof.
• 4. The "International Maritime Dangerous Goods (IMDG) Code" published by the International Maritime Organization, revisions thereto or reissues thereof.

• 1. Title 49 of the U.S. Code of Federal Regulations ("CFR"), revisions thereto and reissues thereof.
• 2. The "Dangerous Goods Regulations" published by the International Air Transport Association ("IATA"), revisions thereto and reissues thereof.
• 3. The International Civil Aviation Organization ("ICAO") "Technical instructions for the Safe Transport of Dangerous Goods by Air" published by ICAO, revisions thereto or reissues thereof.
• 4. The "International Maritime Dangerous Goods (IMDG) Code" published by the International Maritime Organization, revisions thereto or reissues thereof.

• 1. The carrier[s] or their agent[s]
• 2. Government officials
• 3. Personnel authorized by the government to inspect shipments.

• 1. The act, default or omission of the shipper, consignee or any other party claiming an interest in the shipment including, but not limited to, incorrect declaration of cargo, improper or insufficient packing, securing, marking or addressing of your shipment, or for the acts or omissions of the recipient.
• 2. The nature of the shipment or any defect, characteristics or inherent fault thereof.
• 3. Failure of the shipper or consignee to observe any of the rules contained in these Terms and Conditions.
• 4. Acts of God, weather conditions, mechanical delay of aircraft or other equipment failures, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omission of custom officials, authority of law, quarantine, war, riots, strikes or civil commotion.
• 5. Acts or omissions of any person other than us including delivery instructions from the shipper or consignee complied with by us.
• 6. We cannot guarantee delivery by a specific time or date and shall not be liable for special or consequential damages due to delay, mis-delivery or non-delivery. Our liability shall be limited to a refund of the shipping charges in the event of a delay.
• 7. Erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film.
• 8. The loss of any personal or financial information including, but not limited to, social security numbers, dates of birth, driver's license numbers, credit card numbers and financial account information.
• 9. Shipments released without obtaining a signature at residential addresses, and at nonresidential addresses if a signature release is on file.

• 1. Air and Ground Shipments. Our liability for loss or damage to any air and/or ground shipment in the U.S., Canada or Mexico is limited to $0.50 per pound multiplied by the number of pounds of each piece(s) of the shipment which may have been lost or damaged (but not less than $50.00 per shipment), or the actual value of such piece(s), whichever is less, unless you declare a higher value for carriage and pay an additional charge for excess liability, subject to a maximum of $25,000.00 per shipment. If you declare a higher value and pay an additional charge (see Section 16.D.), our liability will be the lesser of your declared value or the actual value of your shipment. Determination of our limit of liability on any shipment shall be based on the weight of the package or packages lost or damaged.
• 2. Canadian Ground Shipments. For loss or damage to any Canadian intra-provincial or inter-provincial ground shipment and/or any interstate ground shipment to the U.S. or Mexico originating from Canada where the loss or damage occurs within Canada our liability is limited to $2.00 (CDN) per pound or $4.41 (CDN) per kilogram multiplied by the weight of each piece(s) of the shipment which may have been lost or damaged, or the actual value of such piece(s), whichever is less, unless you declare a higher value for carriage and pay an additional charge for excess liability, subject to a maximum of $25,000 per shipment. If you declare a higher value and pay an additional charge (see Section 16.D.), our liability will be the lesser of your declared value or the actual value of your shipment. Determination of our limit of liability on any shipment shall be based on the weight of the package or packages lost or damaged. To the extent it cannot be determined that the loss or damage occurred within Canada on an interstate shipment originating from Canada, then such loss or damage will be deemed to have occurred within the United States and be subject to the limits of liability set forth in Section 16.A.1. above.

• 1. Regardless of whether the Montreal Convention applies to your shipment, SBA’s liability for loss, damage or delay of a shipment shall be limited to 19 Special Drawing Rights (SDRs) per kilogram, unless you declare a higher value for carriage and pay an additional charge for such excess liability.
• 2. In the case of loss of, damage or delay to part of the cargo, the weight to be taken into account in determining SBA’s limit of liability shall be only the weight of the package or packages concerned.
• 3. In the case of loss of, damage or delay to a shipment, the weight to be used in determining SBA’s limit of liability shall be the weight that is used to determine the charge for carriage of such shipment.
• 4. In the case of loss of, damage or delay to a part of a shipment, the shipment weight in 16.B.3 shall be prorated to the packages covered by the same air waybill whose value is affected by the loss, damage or delay. The weight applicable in the case of loss or damage to one or more articles in a package shall be the weight of the entire package.

• 1. Service By Air, Inc. Shipments. If all or any part of the shipment tendered to Service By Air, Inc. is carried by water over any part of said route, such water carriage shall be performed subject to the terms and provisions and limitations of liability specified by the “Carriage of Goods By Sea Act” and any other pertinent laws applicable to water carriers. The shipper or his agent hereby authorizes Service By Air, Inc., in his name and on his behalf, to prepare any export documents, sign and accept any documents relating to said shipment and forward this shipment in accordance with the conditions of carriage and the tariffs of ocean carriers employed. The sole responsibility of Service By Air Inc. hereunder is to use reasonable care in the selection of carriers, forwarders, agents and others to whom it may entrust the shipment.
• 2. SBA Consolidators, Inc. Shipments. Ocean shipments arranged by SBA Consolidators, Inc. shall be governed and controlled by the terms and conditions of SBA Consolidators, Inc.’s bill of lading, as well as the bills of lading, conditions of carriage and tariffs of the carriers employed by SBA Consolidators, Inc..

• 1. make a request for insurance;
• 2. pay the appropriate premium; and
• 3. record the amount of the insurance in the space designated on the SBA Waybill.

• Bulk products
• Cigarettes and other tobacco products
• Computer chips and similar memory devices
• Cotton
• Knitting and textile machines
• Mobile/Cellular telephones

• Alcoholic beverages
• Artwork
• Automobiles and motorcycles
• Computer equipment
• Glass, glassware, mirrors and glass tubes
• Lasers and laser equipment
• Televisions and other electronic equipment
• Truck shipments to or from Mexico
• Used goods, machinery or equipment

• 1. We will pick up shipments only when tendered at the ground floor or receiving dock, and
• 2. Delivery to the person whose duty it is to receive property for the occupants of such buildings will constitute delivery to the consignee.

• Antiques
• Architectural Models
• Corpses, cremated or Disinterred remains
• Firearms
• Fresh Food Products
• Fur and Fur trimmed articles
• Gems
• Hazardous Waste Materials
• Live animals
• Marble
• Money, currency, bonds, Bills of Exchange, Deeds, Promissory Notes, Negotiable Securities and Stock Certificates
• Nursery stock and plants
• Original manuscripts or electronic media
• Wearing apparel designs of which no other copy exists
• Packages that are wet, leaking, or emit an odor of any kind
• Personal effects
• Postage, trading or revenue stamps, stamp collections and coin collections.
• Precious metal, including but not limited to, gold, silver or platinum in the form of bullion, jewelry or any other form.
• Used furniture or household goods uncrated or unwrapped.
• Shipments as classified in 49 CFR Parts 171-177 Hazardous Material Regulations of the US, with the following hazard class or divisions:
  • Explosives of class 1 with the following divisions: 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, or known by class name prior to Jan. 1, 1991 as class A, B, C and blasting agents respectively. Division 1.6 had no applicable hazard class prior to Jan 1, 1991.
  • Shipment of class 2 with the following division: 2.3 poison gas or ICAO/IATA toxic gas
  • Shipments of class 4 with the following divisions: 4.1 flammable solid, 4.2 spontaneously combustible material and 4.3, dangerous when wet material
  • Shipments of class 5 with the following divisions: 5.1, oxidizer and 5.2, organic peroxide
  • Shipments of class 6 with the following divisions: 6.1 poisonous material or ICAO/IATA toxic substance and 6.2 infectious substance
  • Shipments of class 7 (radioactive) material
• Shipments of an inherent nature or defect, which indicates to us that such transportation, could not be furnished by us without loss of or damage to the shipment.
• Shipments prohibited by U.S. Federal or State, or foreign countries governing laws, rules and regulations either at origin or destination.
• Shipments from unknown shippers for movement on passenger aircraft.
• Shipments which require that we obtain a federal, state or local license for their transportation if we have elected not to comply with such license requirements.
• Shipments containing alcohol and/or tobacco, except when to be delivered to licensed dealers.
• Shipments from packaging companies (e.g. Mailboxes, etc.)
• Shipments not expressly covered by these rules, or which would be likely to cause damage to other shipments, equipment, crew or passengers, the carriage of which is prohibited by law.

• 1. for damage or shortage, immediately after discovery of the damage or shortage, but in no event later than 14 days from the date of delivery.
• 2. for delay of the shipment, within 21 days from the date of delivery.
• 3. for non-delivery of the shipment, within 120 days from the date the shipment was accepted by SBA.