POLICIES

• Privacy
• Legal
• Terms & Conditions of Service
• Terms & Conditions of Carriage
• Full Containerload – Additional Standard Business Terms & Conditions
• Airfreight

PRIVACY

The Information We Collect
We may collect personally identifiable information from Users through online forms for ordering our services. DHX - Dependable Hawaiian Express may also collect information about how Users use our Web site, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate. We may use “cookies” to track how Users use our Web site. A cookie is a piece of software that a Web server can store on the Users’ PC and use to identify the User should they visit the Web site again. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our Web site.

How We Use Information
DHX - Dependable Hawaiian Express may use personally identifiable information collected through our Web site to contact Users regarding services offered by DHX - Dependable Hawaiian Express but will not be shared with affiliates, independent contractors or business partners. DHX - Dependable Hawaiian Express may also use information collected through our Web site for research regarding the effectiveness of the Web site and the customer service, marketing, advertising and sales efforts of DHX - Dependable Hawaiian Express.

Disclosure of Information
DHX - Dependable Hawaiian Express will not disclose information collected from Users to affiliates, independent contractors or business partners. We may however disclose aggregate, anonymous data based on information collected from Users to potential affiliates or business partners.

Maintenance Information
Information about Users that is maintained on our systems is protected using industry standard security measures.

Our Family of Companies Include:

• DHX - Dependable Hawaiian Express, Inc.
• Dependable Hawaiian Express - Maui, Inc.
• Dependable Hawaiian Express - Big Island, Inc.
• Dependable Hawaiian Express, Inc.
• Dependable AirCargo Express, Inc.
• Massdec, LLC
• Dependable Global Express, Inc.
• DGX Australia Pty., Ltd.
• DGX (H.K.) Limited
• DGX Singapore PTE Limited
• DGX Japan Limited
• DHX Ocean/Airfreight (NZ) Limited
• DGX American Samoa, Inc.
• DGX-Tonga, Ltd.

Questions
Users may direct questions concerning this Privacy Policy by e-mail.

LEGAL

Terms of Use
This web site is owned and operated by DHX - Dependable Hawaiian Express and is made available to you under the terms and conditions hereinafter set forth. By using this web site you have agreed to accept these terms and conditions.

We make no warranty or other assurance as to the operation, quality or functionality of the web site, or to the content of the material, its accuracy, completeness or fitness for any purpose. And we assume no responsibility for the content of any other site to which we are linked.

We reserve the right at any time, without notice, to make change to this web site or any part of it and the terms then contained shall govern our relationship of the date of any such change. We also reserve the right to reject any submitted materials that we deem to be unacceptable and to terminate any services of the Website and your access to it is our sole discretion.

If you do not agree with or accept our web site usage terms and conditions, we recommend you do not use this web site as we will not be held responsible for any of your actions.

TERMS & CONDITIONS OF SERVICE

These terms and conditions of service constitute a legally binding contract between the “Company” and the “Customer”. In the event the Company renders services and issues a document containing Terms and Conditions governing such services, the Terms and Conditions set forth in such other documents(s) shall govern those services.

1. Definitions.
   (a) “Company” shall mean DHX-Dependable Hawaiian Express, Inc., its subsidiaries, related companies, agents and/or representatives;
   (b) “Customer” shall mean the person for which the Company is rendering service, as well as its agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and copy(s) of these terms and conditions of service to all such agents or representatives;
   (c) “Documentation” shall mean all information received directly or indirectly from Customer, whether in paper or electronic form;
   (d) “Ocean Transportation Intermediaries” (“OTI”) shall include an “ocean freight forwarder” and a “non-vessel operating carrier”;
   (e) “Third parties” shall include, but not be limited to, the following: “carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise”.
   
   
2. Company as Agent.
   The Company acts as the “agent” of the Customer for the purpose of performing duties in connection with the entry and release of goods, post entry services, the securing of export licenses, the filing of export documentation on behalf of the Customer and other dealings with Government Agencies: as to all other services, Company acts as an independent contractor
   
   
3. Limitation of Actions.
   (a) Unless subject to a specific statute or international convention, all claims against the Company for a potential or actual loss, must be made in writing and received by the Company, within ninety (90) days of the event giving rise to claim; the failure to give the Company timely notice shall be a complete defense to any suit or action commenced by Customer.
   (b) All suits against Company must be filed and properly served on Company as follows:
   (i) For claims arising out of ocean transportation, within one (1) year from the date of the loss;
   (ii) For claims arising out of air transportation, within two (2) years from the date of the loss;
   (iii) For claims arising out of the preparation and/or submission of an import entry(s), within seventy-five (75) days from the date of liquidation of the entry(s);
   (iv) For any and all other claims of any other type, within two (2) years from the date of the loss or damage.
   
   
4. No Liability for the Selection or Services of Third Parties and/or Routes.
   Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, Company shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does Company assume responsibility or liability for any action(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company.
   
   
5. Quotations Not Binding.
   Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon the Company unless the Company in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer.
   
   
6. Reliance on Information Furnished.
   (a) Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with the Customs Service, other Government Agency and/or third parties, and will immediately advise the Company of any errors, discrepancies, incorrect statements, or omissions on any declaration filed on Customer’s behalf;
   (b) In preparing and submitting customs entries, export declarations, applications, documentation and/or export data to the United States and/or a third party, the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall use reasonable care to ensure the correctness of all such information and shall indemnify and hold the Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer’s failure to disclose information or any incorrect or false statement by the Customer upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to import, export or enter the goods.
   
   
7. Declaring Higher Value to Third Parties.
   Third parties to whom the goods are entrusted may limit liability for loss or damage; the Company will request excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any charges therefore; in the absence of written instructions or the refusal of the third party to agree to a higher declared value, at Company’s discretion, the goods may be tendered to the third party, subject to the terms of the third party’s limitations of liability and/or terms and conditions of service.
   
   
8. Insurance.
   Unless requested to do so in writing and confirmed to Customer in writing, Company is under no obligation to procure insurance on Customer’s behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance.
   
   
9. Disclaimers; Limitation of Liability.
   (a) Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;
   (b) Subject to (d) below, Customer agrees that in connection with any and all services performed by the Company, the Company shall only be liable for its negligent acts, which are the direct and proximate cause of any injury to Customer, including loss or damage to Customer’s goods, and the Company shall in no event be liable for the acts of third parties;
   (c) In connection with all services performed by the Company, Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefore, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s).
   (d) In the absence of additional coverage under (c) above, the Company’s liability shall be limited to the following:
   (i) where the claim arises from activities other than those relating to customs brokerage, $50.00 per shipment or transaction, or
   (ii) where the claim arises from activities relating to “Customs business,” $50.00 per entry or the amount of brokerage fees paid to Company for the entry, whichever is less;
   (e) In no event shall Company 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.
   
   
10. Advancing Money.
    All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to Customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company.
    
    
11. Indemnification/Hold Harmless.
    The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability arising from the importation or exportation of Customer’s merchandise and/or any conduct of the Customer, which violates any Federal, State and/or other laws, and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs, claims and/or expenses, including but not limited to reasonable attorney’s fees, which the Company may hereafter incur, suffer or be required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought against the Company, it shall give notice in writing to the Customer by mail at its address on file with the Company.
    
    
12. Inspection Consent.
    Company may, but shall not be obligated to, inspect any shipment. Cargo items tendered for transportation may be subject to security controls by carriers and to other government regulations. The customer expressly agrees and consents to searches / inspections / screenings of all cargo in accordance with applicable security controls, initiatives and regulations, including, but not limited to, the regulations of the U.S. Transportation and Security Administration.
    
    
13. C.O.D. or Cash Collect Shipments.
    Company shall use reasonable care regarding written instructions relating to “Cash/Collect” or “Deliver (C.O.D.)” shipments, bank drafts, cashier’s and/or certified checks, letter(s) of credit and other similar payment documents and/or instructions regarding collection of monies but shall not have liability if the bank or consignee refuses to pay for the shipment.
    
    
14. Forfeiture of Discounts and Costs of Collection.
    All discounts offered, as indicated on the invoice faces, are forfeited should Customer fail to comply in all respects with payment terms. In any dispute involving monies owed to Company, the Company shall be entitled to all costs of collection, including reasonable attorney’s fees and interest at 15% per annum or the highest rate allowed by law, whichever is less, unless a lower amount is agreed to by Company.
    
    
15. General Lien and Right to Sell Customer’s Property.
    (a) Company shall have a general and continuing lien on any and all property of Customer coming into Company’s actual or constructive possession or control for monies owed to Company with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both;
    (b) Company shall provide written notice to Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage or other charges; Customer shall notify all parties having an interest in its shipment(s) of Company’s rights and/or the exercise of such lien.
    (c) Unless, within thirty days of receiving notice of lien, Customer posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favor of Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, Company shall have the right to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to Customer.
    
    
16. No Duty to Maintain Records for Customer.
    Customer acknowledges that pursuant to Sections 508 and 509 of the Tariff Act, as amended, (19 USC §§1508 and 1509) it has the duty and is solely liable for maintaining all records required under the Customs and/or other Laws and Regulations of the United States; unless otherwise agreed to in writing, the Company shall only keep such records that it is required to maintain by Statute(s) and/or Regulation(s), but not act as a “recordkeeper” or “recordkeeping agent” for Customer.
    
    
17. Obtaining Binding Rulings, Filing Protests, etc.
    Unless requested by Customer in writing and agreed to by Company in writing, Company shall be under no obligation to undertake any pre- or post Customs release action, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.
    
    
18. Preparation and Issuance of Bills of Lading.
    Where Company prepares and/or issues a bill of lading, Company shall be under no obligation to specify thereon the number of pieces, packages and/or cartons, etc.; unless specifically requested to do so in writing by Customer or its agent and Customer agrees to pay for same, Company shall rely upon and use the cargo weight supplied by Customer.
    
    
19. No Modification or Amendment Unless Written.
    These terms and conditions of service may only be modified, altered or amended in writing signed by both Customer and Company; any attempt to unilaterally modify, alter or amend same shall be null and void.
    
    
20. Compensation of Company.
    Customer, shippers, consignees and bill-to parties are jointly and severally liable for the compensation of the Company for its services. The Company’s charges may be reversed to the responsible parties if a shipment is refused or payment is not made by the original bill-to party. The compensation of the Company for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by the Company from carriers, insurers and others in connection with the shipment. On ocean exports, upon request, the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges. In any referral for collection or action against the Customer for monies due the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.
    
    
21. Severability.
    In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect.
    
    
22. Governing Law; Consent to Jurisdiction and Venue.
    These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the State of California without giving consideration to principles of conflict of law. All disputes arising hereunder shall be resolved at Los Angeles County, California and at no other place.
    

Customer and Company
(a) irrevocably consent to the jurisdiction of the State and Federal courts located in Los Angeles County, State of California.
(b) agree that any action relating to the services performed by Company, shall only be brought in said courts;
(c) consent to the exercise of in personam jurisdiction by said courts over it, and
(d) further agree that any action to enforce a judgment may be instituted in any jurisdiction.

STANDARD TERMS & CONDITIONS OF CARRIAGE

Definitions.
“Cargo” means the goods, property, freight and or merchandise described on the face hereof, whether packed in Containers or not, and whether carried on or under deck and includes any Container not supplied by or on behalf of the Carrier. “Carriage” means the whole of the operations and services undertaken by the Carrier or a Subcontractor with respect to the Cargo. “Carrier” means DHX-Dependable Hawaiian Express, Inc., on whose behalf this Non-Negotiable Bill of Lading has been issued as indicated on the face hereof. “Container” includes any container, trailer, transportable tank, flat rack or pallet or any similar article used for the transportation of cargo. “Dangerous or Hazardous Goods” includes any Cargo classified or described as dangerous in the Dangerous Goods code issued by the International Maritime Organization (the “IMO CODE”) or in the applicable tariff and any Cargo that could present or could be likely to present any hazard to the conveyance in which it is carried or to other Cargo or property or to any person. “Holder” means any person in possession of this Non-Negotiable Bill of Lading to whom the title in the Cargo has passed upon or by reason of the consignment of the Cargo or the endorsement of this Non-Negotiable Bill of Lading or otherwise. “Merchant” includes the consignor, shipper, Holder, consignee, the receiver of the Cargo, any person, including any corporation, company or other legal entity, owning or entitled to the possession of the Cargo or this Non-Negotiable Bill of Lading or anyone acting on behalf of any such person. “Multi-Modal Transportation” means the Carriage of Cargo under this Non-Negotiable Bill of Lading by a Vessel and one or more inland carriers for a single freight charge to the Merchant. “Non-Negotiable” means that this Bill of Lading is not a document of title, unless the words “TO ORDER” appear in the consignee box on the face hereof. “Subcontractor” shall include direct and indirect subcontractors of the Carrier and their respective servants and agents, including, but not limited to, warehousemen, stevedores, container freight stations, and motor truck carriers. “Vessel” includes the vessel set forth on the front page hereof, as well as any vessel, ship, craft, lighter or other means of transport, which is or shall be substituted, in whole or in part, for the vessel set forth on the front face hereof.

1. Applicability
   These Terms and Conditions shall apply to all modes of Carriage utilized to transport the Cargo, and the Carrier’s responsibility to the Merchant for the Cargo shall terminate at the time of delivery under Clause 12.
   
   
2. Issuance of this Non-Negotiable Bill of Lading
   2.1. By issuance of this Non-Negotiable Bill of Lading, the Carrier undertakes to perform and/or in its own name to procure the performance of the entire Carriage, from the place at which the Carrier takes charge of the Cargo (place of receipt evidenced in this Non-Negotiable Bill of Lading) to the place of delivery designated in this Non-Negotiable Bill of Lading;
   2.2. The information in this Non-Negotiable Bill of Lading shall be prima facie evidence of the taking in charge by the Carrier of the Cargo as described by such information unless a contrary indication, such as “shipper’s weight, load and count”, “shipper-packed container” or similar expressions, has been made in the printed text or written on this Non-Negotiable Bill of Lading. 
   
   
3. Agreement to Terms and Conditions
   The Merchant warrants that it is authorized to arrange for the Carriage of the Cargo and accepts the Terms and Conditions of this Non-Negotiable Bill of Lading.
   
   
4. Dangerous or Hazardous Goods and Indemnity
   4.1. The Merchant shall comply with mandatory rules according to the applicable national law or by reason of international convention relating to the Carriage of goods of a dangerous or hazardous nature, and shall in any case inform the Carrier in writing of the exact nature of the danger or hazard, before Cargo of a dangerous or hazardous nature is taken in charge by the Carrier and indicate to it the precautions to be taken.
   4.2. If the Merchant fails to provide such information and the Carrier is unaware of the dangerous or hazardous nature of the Cargo and the necessary precautions to be taken, and if, at any time, it is deemed to be a hazard to life or property, the Cargo may at any place be unloaded, destroyed or rendered harmless, as circumstances may require, without compensation. The Merchant shall indemnify the Carrier against all loss, damage, liability, or expense arising out of such dangerous or hazardous Cargo being taken in charge, or its Carriage, or of any service incidental thereto. The burden of proving that the Carrier knew the exact nature of the danger constituted by the Carriage of the said Cargo shall be on the Merchant.
   4.3. If any Cargo shall become a danger to life or property, it may in like manner be unloaded or landed at any place or destroyed or rendered harmless. If such danger was not caused by the fault and neglect of the Carrier, it shall have no liability and the Merchant shall indemnify the Carrier against all loss, damage, liability and expense arising therefrom. 
   
   
5. Description of Cargo and Merchant’s Packing and Inspection
   5.1. The Merchant shall be deemed to have guaranteed to the Carrier the accuracy, at the time the Cargo was taken into the charge of the Carrier, of all particulars relating to the general nature of the Cargo, including, without limitation, its marks, number, weight, volume and quantity and, if applicable, the dangerous character of the Cargo, as furnished by the Merchant or on its behalf for insertion on the Non-Negotiable Bill of Lading. The Merchant shall indemnify the Carrier against all loss, damage and expense resulting from any inaccuracy or inadequacy of such particulars. The Merchant shall remain liable even if the Non-Negotiable Bill of Lading has been transferred by the Merchant.
   5.2.
   a) The Merchant agrees that it shall inspect the Container before loading the Cargo and shall warrant and certify to the Carrier that the Container is in satisfactory condition and fit for the stowage of the Cargo.
   b) The Carrier shall not be liable for any damage, delay, expense or loss of the Cargo caused by defective or insufficient packing of Cargo or by inadequate loading or packing within Containers or other transport units when such loading or packing has been performed by the Merchant or on its behalf by a person other than the Carrier. The Carrier shall not be liable for any damage, delay, expense or loss of the Cargo caused by the defect or unsuitability of the Containers or other transport units supplied by the Merchant, or if supplied by the Carrier if a defect or unsuitability of the Container or other transport unit would have been apparent upon reasonable inspection by the Merchant. The Merchant shall indemnify the Carrier against all loss, damage, liability and expense so caused. 
   
   
6. Carrier’s Liability
   6.1. Arrival times are not guaranteed by the Carrier.
   6.2. If the Cargo has not been delivered within ninety days of the anticipated date of delivery, the Cargo shall be deemed lost, in the absence of evidence to the contrary.
   6.3. When the Carrier establishes that damage, delay, expense or loss of the Cargo could be attributed to one or more causes or events specified in a - e of the present clause, it shall be presumed that it was so caused, always provided, however, that the claimant shall be entitled to prove that the loss or damage was not, in fact, caused wholly or partly by one or more of such causes or events: a) an act or omission of the Merchant, or person other than the Carrier acting on behalf of the Merchant or from which the Carrier took the Cargo in its charge; b) insufficiency or defective condition of the packaging or marks and/or numbers; c) handling, loading, stowage or unloading of the Cargo by the Merchant or any person acting on behalf of the Merchant; d) inherent vice of the Cargo; e) strike, lockout, stoppage or restraint of labor.
   6.4. Notwithstanding Clauses 6.2 and 6.3 the Carrier shall not be liable for damage, delay, expense or loss of the Cargo with respect to Cargo carried by sea, inland waterways, motor carrier or rail when such damage, delay, expense or loss of the Cargo has been caused by: a) act, neglect, or default of the master, mariner, pilot or the servants of the Carrier in the navigation or in the management of the ship; b) fire, unless caused by the actual fault or privity of the carrier, however, always provided that whenever loss or damage has resulted from unseaworthiness of the ship, the Carrier can prove that due diligence has been exercised to make the ship seaworthy at the commencement of the voyage. 
   
   
7. Paramount Clauses
   7.1. These Terms and Conditions shall only take effect to the extent that they are not contrary to international conventions or national law compulsorily applicable to the contract evidenced by this Non-Negotiable Bill of Lading.
   7.2. The Hague Rules contained in the International Convention for the Unification of Certain Rules Relating to Bills of Lading, dated Brussels 25th August 1924, or in those countries where they are already in force the Hague-Visby Rules contained in the Protocol of Brussels, dated 23rd February 1968, as enacted in the country of shipment, shall apply to all Carriage of Cargo by sea and also to the Carriage of Cargo by inland waterways, and such provisions shall apply to all Cargo whether carried on deck or under deck.
   7.3. The United States of America Carriage of Goods by Sea Act (“COGSA”), 46 U.S.C. section 1300 et seq., shall apply to the carriage of the Cargo by sea in foreign trade, whether on deck or under deck, if compulsorily applicable to this Non-Negotiable Bill of Lading or would be applicable but for the goods being carried on deck in accordance with a statement on this Non-Negotiable Bill of Lading.
   7.4. Merchant expressly agrees to a waiver of the United States of America Carmack Amendment, (“Carmack”) 49 U.S.C. sections 14706 and/or 11706 liability scheme if Carmack is compulsorily applicable to any stage of the Multi-Modal Transportation. 
   
   
8. Limitation of Carrier’s Liability
   8.1. The value of Cargo lost, damaged, or delayed shall be determined by the commercial invoice value of the Cargo at the port of exportation or the entered value declared to the Customs officials at the port of importation, whichever is less.
   8.2. The Carrier does not undertake the Cargo shall arrive at the port of discharge or place of delivery at any particular time or to meet any particular market. The Carrier shall in no circumstances be liable for any indirect or consequential loss caused by delay or any other cause.
   8.3. When an ocean container or trailer or similar conveyance is loaded with more than one package or unit, such ocean container or trailer or similar conveyance shall be deemed the package or unit.
   8.4. In the event of damage or loss occurring during ocean transportation moving between ports of the United States, COGSA shall not apply but rather the U.S. Harter Act shall apply, 46 U.S.C. section 190 et seq., and the liability of the Carrier shall not exceed $50 per shipment unless the nature and value of the Cargo have been declared by the Merchant and inserted in this Non-Negotiable Bill of Lading and the ad valorem freight rate paid.
   8.5. In the event of damage or loss occurring during ocean transportation moving to or from the United States in foreign trade, the liability of Carrier shall not exceed U.S. $500 per package or unit unless the nature and value of the Cargo have been declared by the Merchant and inserted in this Non-Negotiable Bill of Lading and the ad valorem freight rate paid. In the case of Personal Effects, Household Goods and/or Used Merchandise, the liability of the Carrier shall not exceed $.10 per pound.
   8.6. When it cannot be ascertained at what stage of the Multi-Modal Transportation the damage or loss of the Cargo occurred the damage shall be presumed to have occurred before loading on the vessel or after discharge from the vessel and unless the nature and value of the Cargo have been declared by the Merchant and inserted in this Non-Negotiable Bill of Lading, and the ad valorem freight rate paid, the liability of the Carrier shall not exceed U.S. $500 per package or unit or U.S. $0.50 per lbs. of gross weight of the Cargo lost, damaged or delayed, whichever is less.
   8.7. When the damage, delay, expense, or loss of the Cargo occurred during a particular stage of the Multi-Modal Transportation, in respect of which an applicable international convention or mandatory national law governs, liability for such loss or damage shall be determined by reference to the provisions of such international convention or mandatory national law.
   8.8. If the Carrier selects a motor or rail carrier to perform any portion of the Multi-Modal Transportation in the United States of America, the Merchant agrees to a waiver of Carmack liability and any time-for-suit provisions to the extent Carmack may apply. Unless the nature and value of the Cargo have been declared by the Merchant and inserted in this Non-Negotiable Bill of Lading, and the ad valorem freight rate paid, the liability of the Carrier shall not exceed U.S.$500 per package or unit or U.S.$0.50 per lbs.of gross weight of the Cargo lost, damaged or delayed, whichever is less.
   8.9. Subject to the provisions 8.1 through 8.8 the Carrier shall in no event be or become liable for any loss of damage to the goods in an amount exceeding the equivalent of 666.67 SDR per package or unit or 2 SDR per kilogram of gross weight of the goods lost or damaged, whichever is the higher, unless the nature and value of the goods shall have been declared by the Merchant and accepted by the Carrier before the goods have been taken in his charge, or the ad valorem freight rate paid, and such value is stated in the Non-Negotiable Bill of Lading by the Merchant, then such declared value shall be the limit.
   8.9.1. Subject to the provisions 8.1 through 8.9 herein, if the Multi-Modal Transport does not, according to the contract, include carriage of goods by sea or by inland waterways, the liability of the Carrier shall be limited to an amount not exceeding 8.33 SDR per kilogram of gross weight of the goods lost or damaged.
   8.9.2. The aggregate liability of Carrier shall not exceed the limits of liability for total loss of the goods.
   
   
9. Applicability to All Actions
   These Terms and Conditions apply to all claims against the Carrier relating to the performance of the contract evidenced by this Non-Negotiable Bill of Lading, whether the claim is founded in contract or in tort, including, but not limited to, claims for indemnity and contribution.
   
   
10. Liability of Subcontractors, Servants, Agents, or Other Persons
    10.1. These Terms and Conditions apply whenever claims relating to the performance of this Non-Negotiable Bill of Lading are made against any Subcontractor, servant, agent or other person (including any independent contractor) whose services have been used in order to perform the contract of carriage, whether such claims are founded in contract or in tort, including, but not limited to, claims for indemnity and contribution and the aggregate liability of the Carrier and of such Subcontractors, servants, agents or other persons shall not exceed the limits set forth in Clause 8.
    10.2. In entering into this contract as evidenced by this Non-Negotiable Bill of Lading, the Carrier, to the extent of these provisions, does not only act on its own behalf, but also as agent for the class of persons identified in Clause 10.1, and such persons shall to that extent be or be deemed to be parties to this contract.
    10.3. If the loss of or damage to the Cargo resulted from an intentional act or omission of the class of persons identified in Clause 10.1, done with intent to cause damage, or recklessly and with knowledge that damage would probably result, such Subcontractor, servant, agent or other person shall not be entitled to the benefit of the limitation of liability set forth in Clause 8.
    10.4. The aggregate of the amounts recoverable from the Carrier and the class of persons identified in Clause 10.1 shall not exceed the limits provided for in these Terms and Conditions.
    
    
11. Method and Route of Transportation
    Without notice to the Merchant, the Carrier has the liberty to carry the Cargo on or under deck and to choose or substitute the means, route, and procedure to be followed in the handling, stowage, storage, and transportation of the Cargo.
    
    
12. Delivery
    12.1. The Cargo shall be deemed to be delivered when it has been delivered to or placed at the disposal of the Merchant or its agent in accordance with this Non-Negotiable Bill of Lading, or when the Cargo has been delivered to any authority or other party to which, pursuant to the law or regulation applicable at the place of delivery, the Cargo must be delivered, or such other place at which the Carrier is entitled to call upon the Merchant to take delivery.
    12.2. The Carrier shall also be entitled to store the Cargo at the sole risk of the Merchant, and the Carrier's liability shall cease upon the Carrier’s tender/delivery of the Cargo to the appointed warehouse or storage facility. The cost of such storage shall be paid, upon demand, by the Merchant to the Carrier.
    12.3. If at any time the Carriage under this Non-Negotiable Bill of Lading is or is likely to be affected by any hindrance or risk of any kind (including the condition of the Cargo) not arising from any fault or neglect of the Carrier or a Subcontractor that cannot be avoided by the exercise of reasonable diligence, the Carrier may: abandon the Carriage of the Cargo under this Non-Negotiable Bill of Lading and, where reasonably practicable, place the Cargo or any part of it at the Merchant's disposal at any place that the Carrier may deem safe and convenient, whereupon delivery shall be deemed to have been made, and the responsibility of the Carrier in respect of such Cargo shall cease. In any event, the Carrier shall be entitled to full freight under this Non-Negotiable Bill of Lading and the Merchant shall pay any additional costs arising out of the aforementioned circumstances.
    12.4 If this document constitutes a negotiable bill of lading, all original bills of lading, properly endorsed, must be surrendered when the cargo is delivered. If the person receiving the Goods from the Carrier wishes to surrender fewer than all the original bills of lading that were issued, and if the Carrier agrees to deliver against fewer than all the originals, the person receiving the Goods hereby agrees to indemnify the Carrier against all damages which the Carrier may be liable to pay as a result of delivering the Goods without surrender of all original bills of lading.
    
    
13. Freight Charges and Expenses
    13.1. Freight charges shall be paid without any reduction or deferment on account of any claim, counterclaim or set-off, whether prepaid or payable at destination. Freight charges shall be deemed earned by the Carrier upon its receipt of the Cargo. Earned freight charges are non-refundable.
    13.2. Freight charges and all other amounts set forth in this Non-Negotiable Bill of Lading are to be paid in the currency named in this Non-Negotiable Bill of Lading or, at the Carrier's option, in the currency of the country of origin or destination.
    13.3. The Merchant shall reimburse the Carrier for any duties, taxes, demurrage, detention, charges or other expenses in connection with the Cargo.
    13.4. The Merchant shall reimburse the Carrier for any costs for deviation or delay or any other increase of costs of whatever nature caused by war, military or warlike actions, epidemics, riots, strikes, government directions or force majeure.
    13.5. The Merchant warrants the accuracy of the declaration of contents, weight, measurements or value of the Cargo, but the Carrier has the liberty to have the contents inspected and the weight, measurements or value verified. If on such inspection it is found that the declaration is not correct, it is agreed that a sum equal either to five times the difference between the correct figure and the freight charges, or to double the correct freight charges less the freight charged, whichever sum is less, shall be payable as liquidated damages to the Carrier for its inspection costs and losses of freight charges on other Cargo notwithstanding any other sum having been stated on this Non-Negotiable Bill of Lading as freight charges payable.
    13.6. Despite the acceptance by the Carrier of instructions to collect freight charges or other expenses from any other person in respect of the transport under this Non-Negotiable Bill of Lading, the Merchant shall remain responsible for such monies on receipt of evidence of demand and the absence of payment for whatever reason. Shipper, consignee, and bill-to party are jointly and severally liable for all charges related to this shipment. Charges may be reversed to the responsible parties if shipment is refused or payment is not made by the original bill-to party.
    
    
14. Lien
    14.1. The Carrier shall have a lien on any and all of the Merchant’s property for all advances, claims, costs, freight charges, duties, taxes, demurrage, money due and payable to the Carrier, including any lien and collection related costs. The lien on the Cargo shall survive delivery to the Merchant. Carrier may sell the Cargo privately or by public auction without notice to the Merchant. If on sale of the Cargo the proceeds fail to satisfy the amount due, and the cost and expenses incurred, the Carrier shall be entitled to recover any difference from the Merchant.
    14.2. If the Cargo is unclaimed after 30 days from date the Cargo is placed at the disposal of the Merchant, or whenever in the Carrier’s judgment the Cargo will become deteriorated, decayed or worthless, the Carrier may, at its discretion and subject to its lien and without any responsibility attaching to it, sell, abandon, or otherwise dispose of such Cargo solely at the risk and expense of the Merchant.
    
    
15. General Average
    The Merchant shall indemnify the Carrier in respect of any claims of a General Average nature that may be made on it and shall provide such security as may be required by the Carrier in that connection.
    
    
16. Notice
    16.1. Unless the Merchant provides written notice to the Carrier of the general nature of any loss or damage to the Cargo at the time that the Carrier delivers the Cargo to the Merchant in accordance with Clause 12, such delivery by the Carrier is prima facie evidence of the Carrier’s delivery of the Cargo in good order and condition.
    16.2. Where the loss or damage is not apparent and/or latent, the same prima facie presumption shall apply if notice in writing is not given within 3 days after the day when the Cargo was delivered to the Merchant in accordance with Clause 12.
    
    
17. Time Bar
    The Carrier shall be discharged of all liability unless suit is brought against the Carrier within one year from the date of delivery or the date on which the Cargo should have been delivered.
    
    
18. Partial Invalidity
    If any clause or a part thereof is held to be invalid, the validity of this Non-Negotiable Bill of Lading and the remaining clauses or a part thereof shall not be affected.
    
    
19. Mandatory Venue, Jurisdiction, and Applicable Law
    Merchant agrees that all claims or disputes hereunder or questions arising out of the Carriage of Cargo shall be determined solely in the United States District Court for the Central District of California in Los Angeles, California, to the exclusion of all other courts, and the Merchant and Carrier each agree to submit to the personal jurisdiction of that court; provided, however, where the Vessel operator issues a bill of lading for the transportation of the Cargo that includes a mandatory venue clause for a mandatory venue other than the United States District Court for the Central District of California in Los Angeles, the Merchant expressly agrees to be bound by the mandatory venue clause of the Vessel operator’s bill of lading for any claims, disputes, or questions that the Merchant has against the Carrier and any Subcontractor. Merchant agrees that equity and judicial efficiency require that a single action shall resolve all claims, disputes, or questions arising out of the Carriage of Cargo.

FULL CONTAINERLOAD - ADDITIONAL STANDARD BUSINESS TERMS & CONDITIONS

All services, materials, equipment and supplies, including all sub-contractor services, arranged by or provided by DHX, Dependable Hawaiian Express, Inc., or Dependable Global Express, Inc., (dba DGX) herein together known as “Dependable” are subject to the following standard terms and conditions. Merchant, as that term is defined herein, by accepting the services, materials, equipment and supplies, including all sub-contractor services, thereby accepts, agrees to and does ratify these standard terms and conditions of service. Dependable conducts business in the international and foreign trades of the United States as an Ocean Transportation Intermediary and is duly licensed under the Shipping Act of 1984 by the United States Federal Maritime Commission. Dependable also conducts business in the domestic offshore trades of the United States as an unregulated transportation broker or shipper’s agent. Dependable also holds itself out to perform common carriage, by any means, transportation mode, or form in the domestic offshore trades. Merchant hereby expressly acknowledges and agrees that Dependable does not own nor provide the physical facilities of transportation carriers but arranges such services without express or implied warranty as to the carriers’ transportation services or equipment utilized. Merchant herby acknowledges and agrees that in the event of any claim of loss or damage, delay, or any other claim unrelated to the “selection” of the underlying common or contract carrier, such claim shall be brought and asserted directly with the motor carrier, vessel operating carrier or freight forwarder that provided the physical transportation service. Merchant hereby acknowledges and agrees that Dependable shall not be held responsible for, nor in any manner liable for, any claim of loss or damage, shortage, deterioration, stowage, delay, misrouting, consequential or special damages of any nature whatsoever, theft, fire, water or moisture damage or damage from or relating the mishandling of any cargoes or containers transported pursuant to any arrangement made by or provided by Dependable. Merchant hereby acknowledges and agrees that, in the event of any loss or damage claim, that Dependable may, but is not obligated to nor assumes any responsibility for or liability for, the processing of any such claim on behalf of the Merchant, beneficial owner or lien holder on such damaged cargoes. Merchant hereby acknowledges and expressly agrees to compensate Dependable for such services in the processing of such loss and damage claims in the amount of twenty percent (20%) of the value of such claim(s). Such services do not include the assumption of liability for the cost(s) of inspection/surveyors of such damaged cargoes, legal fees and costs of litigation, expert witness fees, and any other costs or expenses incurred in the collection of or prosecution of such claims. All costs, expenses, legal fees, both witness and expert witness fees, travel costs and expenses are for the account of the Merchant and the cargo. Merchant further agrees to promptly pay and reimburse Dependable for any and all fees, expenses, and costs as identified above. In the event that Merchant fails to pay any invoice of Dependable for such fees, costs and expenses, then Merchant hereby acknowledges and agrees to pay all costs and expenses and reasonable legal fees incurred in the collection, including compromise or settlement, of all funds and monies due Dependable in regard to the above matters. Merchant further agrees to indemnify, save and hold harmless Dependable from any and all claims, losses, injuries, real or alleged, that are received by or incurred by Dependable as a result of any cargoes handled by or the transportation of which is arranged by Dependable. Such indemnification is to specifically include any and all legal fees incurred as a result of any third party claim, claim from or by any carrier, counter-claim, cross-claim or claim for indemnification by any other person. No employee of Dependable servant nor agent, shall have power to waive or vary any of the terms hereof unless such waiver or variation is in writing and is specifically authorized in writing by an officer of Dependable.

Merchant, as that term is defined herein, acknowledges and agrees that the fees, rates and charges quoted and assessed by Dependable for the services procured and provided by Dependable, represent reasonable compensation and that Merchant, by accepting those services is legally and contractually bound to payment of such fees, rates and charges. Unless otherwise agreed by Dependable all fees, rates and charges assessed by Dependable are due and payable upon the date of issuance of an invoice thereof by Dependable or the departure/sailing date of the subject freight cargoes upon which such fees, rates and charges are assessed. In the event that Merchant shall fail to timely pay all such invoices, without claim of setoff, then Dependable may bring the necessary civil action in any court in the State of California, Merchant herby waiving any objection of court jurisdiction and/or venue. Dependable shall be entitled to the recovery from Merchant of all costs, expenses and legal fees as noted on the invoices of Dependable issued to Merchant. All parties included within the definition of “Merchant” herein shall be jointly and severally liable to Dependable for all fees, rates, charges, expenses and costs of collection of monies and funds due Dependable.

Merchant herby expressly acknowledges that the ocean transportation of cargo in an inherently dangerous undertaking and that on occasion loss or damage to cargo does occur. Merchant agrees that and acknowledges that ocean carriers are limited in their liability for such cargo loss and/or damage and that such limits are set by international law or treaty, or where applicable by contract. Merchant further acknowledges and agrees that Dependable will not procure nor provide cargo insurance against such loss and/or damage except with the express written instructions of the Merchant or shipper and then only at their expense and lodgment of a declaration as to the value of the cargo prior to shipment. Dependable, as noted above, shall in no manner be liable for any special, consequential, exemplary or punitive damages in regard to the cargo transported nor the services provided by either the ocean carrier, its agent or servants, sub-contractor, marine terminal operator(s), warehouseman, trucking company nor their agents, employees or assigns. Further, Merchant hereby acknowledges and agrees that any claim for any loss, damage, injury, breach of contract, or claim of negligence against Dependable is limited to the fees or monies paid to Dependable in regard to the shipment or transaction upon which the alleged claim of loss, damage, injury, negligence or breach of contract is premised. Merchant hereby further agrees that any and all claims or any nature whatsoever are hereby subject to and governed by the laws of the State of California, excluding any conflict of law provision, statue or regulation, and shall be heard in the Federal Court in Los Angeles County, California.

Merchant warrants and agrees that all full containerload or truckload shipments or cargo are tendered to the carriers on a shipper load, count and sealed basis. Neither the carriers nor Dependable may be held liable in any manner for any claim for shortage on such cargoes. Merchant further acknowledges and agrees that any claims against Dependable shall be brought, filed by, and served upon Dependable within 120 days after receipt of the shipment by the intended consignee at the point/port of destination. In the event that a shipment or cargo is lost overboard, misdelivered, subject of theft or conversion, then such 120 day period shall run from the date that such cargo was tendered to the initial carrier for such movement to destination.

Merchant hereby further acknowledges and agrees that Dependable shall be entitled to all rights, remedies, clauses and defenses as may be available by the underlying transportation carriers in regard to any claim or loss and/or damage to any cargoes tendered by Merchant. Merchant further warrants and agrees that Merchant shall comply with all regulations, both State and Federal, applicable to the transportation of any commodity defined to be a hazardous commodity or product under applicable State or Federal law and regulation. Merchant herby represents, warrants and agrees that Merchant shall be liable for any and all damages, claims, fines, penalties of any nature whatsoever associated with the transportation of Merchant’s cargo or products when such cargoes, products or commodities are defined as hazardous materials.

Merchants which tender or request Dependable to procure or arrange the transportation or any freight, property or cargo which requires protection from heat or cold herby expressly acknowledge and agree that Dependable shall in no matter by responsible for the safe, secure, or successful transportation of such cargoes. The utilization of refrigerated cargo containers constitute the provision of specialized equipment and a specialized undertaking by the carriers. Such refrigerated cargoes are especially susceptible to deterioration, spoilage, and damage while in loading, transit and unloading. Dependable does not hold itself out to provide any form of specialized equipment and Merchant hereby acknowledges that Dependable is not liable for nor responsible for the safe, adequate or proper operation of such specialized equipment. As noted above, any and all claims relating transportation services using specialized equipment shall be made and brought directly with the carrier that provided the involved equipment. Such claims include the failure of the equipment to maintain proper temperature, breakdown or uncontrolled variations of temperature during shipment.

These standard terms and conditions are subject to the following definitions as used herein:

• “MERCHANT” - The term “merchant” means the shipper, consignor, consignee, domestic freight forwarder, the holder of such documentation as evidencing the ownership, title, or right of possession or equitable ownership of the goods, cargoes or property and/or the receiver or actual legal owner of the goods, cargoes or property.
• “CARGOES, GOODS, OR PROPERTY” - The term “cargoes, goods or property” means the cargoes, goods or property the transportation of which is to be arranged by or procured by Dependable and which is tendered to any underlying carrier pursuant to any contractual or other arrangement with the Merchant or Dependable.
• “DEPENDABLE” - The term includes the DHX – Dependable Hawaiian Express, Inc. and Dependable Global Express, Inc., its officers, employees, agents and representatives and includes any commonly owned and operated corporation such as Dependable Hawaiian Express, Inc. and Dependable Hawaiian Express, Maui, Inc.
• “CARRIER” - The term includes any and all entities that provide the physical transportation facilities, equipment, containers, ships, trucks, chassis and services that transport or move Merchant’s cargoes, goods or property from the point(s) of origin to destination(s).

AIRFREIGHT - BILL OF LADING PROVISIONS
DAX-Dependable AirCargo Express

1. In tendering the shipment described herein for carriage, Shipper agrees to these conditions of Contract which no agent or employee of the parties may alter, and that this Airbill is non-negotiable and has been prepared by him/her or on his/her behalf by DAX-Dependable AirCargo Express (herein referred to as Carrier).
2. It is agreed that the goods herein described are prepared and packed by the shipper (except when packed by the Carrier and a charge is paid for this service) for transportation as specified herein. Shipper warrants that the shipment is packed to ensure safe transportation with ordinary care in handling. Shipper warrants that any article susceptible to damage by ordinary handling or as a result of any condition which may be encountered in air transportation, such as changes in temperature or atmospheric pressure, has been adequately protected by proper packing. Each package prepared by the shipper prior to tendering that package to Carrier must have the destination name and address marked legibly and durable for identification purposes. Carrier shall have the right, but not an obligation, to inspect any shipment.
3. It is mutually agreed that the shipment described herein is accepted on the date hereof in apparent good order (except as noted) for carriage as specified herein, subject to governing classifications and tariffs in effect as of the date hereof. Said classifications and tariffs are available for inspection by the parties hereto and are hereby incorporated into and made part of this contract. Tariffs will not apply when quotations are given by Carrier for an individual shipment.
4. Declared value is agreed and understood. DAX-Dependable AirCargo Express’s liability is limited to the actual damages sustained but in no event higher than $.50/lb., $50.00 or the C.O.D. amount, whichever is less, unless a higher valuation is declared and charges paid thereon. Carrier shall not be liable for more than the actual value of the contents should the declared value exceed the worth of the contents.
5. Carrier shall not be liable for any loss, damage, delay, misdelivery or other result not caused by its own negligence, nor shall Carrier be liable for any act, default or omission by the Consignee or Consignor, or any other party claiming interest in the shipment. Carrier shall not be liable if the nature of the shipment or defect or inherent vice thereof represents a violation by Consignor or Consignee of any of the rules contained in tariffs in effect as of the date of the shipment, including improper or insufficient packing, securing marking or addressing, and failure to observe any of the rules relating to shipments subject to advance arrangements.
6. All weights entered on the airbill are subject to correction by the Carrier. Transportation charges for a shipment will be assessed on the gross weight of the shipment based on the greater of a) the actual weight or b) the cubic dimensional weight determined by taking the length x width x height and dividing that number by 194 for Domestic and 366 for International.
7. Delivery shall be made by the delivering Carrier to the Consignee at a point where delivery service is available at applicable tariff charges unless instructions to deliver at city terminal or airport terminal are specified by Shipper under Special Instructions.
8. The Consignor and Consignee shall be liable jointly and severally for the payment of
   1. all sums due and payable to Carrier pursuant hereto on account of any shipments,
   2. interest at the rate of 18% per year on all sums over 30 days past due,
   3. reasonable costs and attorney’s fees incurred in collecting any sums past due, and
   4. actual fees incurred by Carrier in addition to all sums past due when referred to a collection agency. All charges are due within 15 days of receipt of invoice. All invoices are subject to final audit.
9. Shipment may be diverted to motor or other carrier as per tariff rule unless Shipper gives other instructions hereon.
10. DAX-Dependable AirCargo Express will not be responsible for any consequential damages resulting from loss or delay of shipment.
11. Claims for damaged shipments must be made within 9 months of ship date.Written notice of non-delivery of goods must be reported within 90 days of the issue date of the Carrier’s airbill. Notification of concealed damage must be made within 24 hours of receipt. For damaged shipments, original shipping carton and contents must be retained by Consignee for inspection, which should be requested by Consignor or Consignee within 15 days of delivery. Claims for overcharges must be presented to DAX-Dependable AirCargo Express within 90 days of the shipping date. All transportation charges must be paid prior to settlement of claim.
12. Insurance coverage will be assessed at $.85 per $100.00 of value. Insured value is not to exceed the actual value of the goods. There is a $45.00 minimum.
13. International air carriage (as defined in DAX-Dependable AirCargo Express’s Airfreight tariff) is subject to the rules relating to liability established by the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, on October 12, 1929.
14. Shipper must enter the amount of any Shipper’s C.O.D. which shall be collected subject to the fees and rules of the delivering Carrier. There is a fee according to a preset schedule. If interested, contact DAX-Dependable AirCargo Express for a copy of the applicable tariff item.You are required to specify whether or not a company check is acceptable from Consignee. DAX-Dependable AirCargo Express will only collect a company check unless cash or certified check is specified in the Instructions to Carrier.
15. Rates are not applicable for any oversized, restricted article or hazardous material shipments.
16. Carrier routing applies.
17. For shipments with any single piece weighing over 250 pounds or with any dimension of more than 82 inches, please contact the Los Angeles office for confirmation of services and charges. A 50% surcharge on freight charges may apply.
18. Any second day shipments going to destinations not listed on our major airport city list or outside of DAX-Dependable AirCargo Express areas A-D of the major airport city, or an Island of Hawaii other than Oahu may require an additional day in transit or require an upgrade into same day service fees.
19. Second Day Service to Guam is defined as 3 business days and applies to known shipper cargo as defined by TSA 1ACSSP standards.