The bill of lading is not tradable and the shipper acknowledges that it was prepared by him or by Alpha Logistics Company company on behalf of him. The shipper ensures that he still the owner of the goods that being transported in accordance with this document or that he is the authorized broker by any other person who has an interest in this shipment.
Shipper obligations and acknowledgments/the shipper acknowledge and agree
That each article in the shipments is described in details and properly in the bill of lading
That the shipment doesn’t contain any non-transferrable materials
That the shipment data is being mentioned and described properly and in details and the shipment has been packaged and shipped in a safe way that ensure safe transporting and safe handling.
The shipper acknowledges that Alpha Logistics Company has the right to waive or abandon any shipment or any part of it which sent by the shipper or his broker if Alpha Logistics Company company had decided and declared that the shipment not acceptable or that the Shipper has reduced the value of the customs purposes or misdescribed whether intentionally or otherwise, without incurring any liability and the Shipper will save and defend and keep Alpha Logistics Company free from all claims or damages caused by that.
The shipper shall be solely responsible of all costs and expenses including but not limited to income tax, customs duties or any other taxes or charges related to the shipment and for costs incurred because of returning the shipment to the shipper and that includes storing or dealing with it with any other manner
The shipper acknowledges that Alpha Logistics Company reserves its right at its discretion to send the shipment by via its agents or via a third party contracted by Alpha Logistics Company to perform the required service.
The right to preview and inspect the shipment: Alpha Logistics Company reserves its right in inspecting and previewing the shipment but it’s not obligated to do so, it has the right to open the shipment and examine any object or material inside it. In this case Alpha Logistics Company will exercise reasonable care but will not be liable for any damage to the shipment and not responsible for any delay caused by this inspection.
Lien on transported goods: Alpha Logistics Company has the right to lien on any shipped goods in exchange for all shipping charges according to this document and may refuse to deliver the goods until the charges are paid.
Limits of liability concerning direct loss:
Direct loss means the permanent damage or disappearance of the shipment or any part of it when it is under the guarantee / custody of Alpha Logistics Company or its agents, the shipment includes the goods delivered to Alpha Logistics Company Company as provided by the bill of lading
Alpha Logistics Company is not responsible for any subsequent loss or damage which means any loss or damage other than the direct loss incurred or alleged to be incurred by the shipper or by any other person as a result of transporting the shipment via Alpha Logistics Company Company or its employees or agents or as a result of the violation of shipping transporting agreement by Alpha Logistics Company company or its agents.
Exceptional liability for delay: Alpha Logistics Company will not be liable for delay which means any delay in receiving, transporting or delivery of any shipment or mis-delivery or non-delivery of any shipment because:
Negligence or misconduct by Alpha Logistics Company employees or its agents
Act of god
force majeure including but not limited to industrial or political disputes, kidnapping, war or threat of war, acts of foreign governments or any other cause beyond the control of f Alpha Logistics Company company.
Negligence or omission by the shipper or the receiver or any other party who claims an interest in the shipment including violation of any terms or conditions of this document or of any person at Alpha Logistics Company or any customs employee, government employee, or of any postal service, shipping broker or any other person to whom a shipment is delivered by Alpha Logistics Company to be transported to any location not regularly served by Alpha Logistics Company, regardless of whether it’s upon the shipper request or his knowledge of such third party delivery arrangements
The nature of the shipment or any defect, characteristic, or flaw.
Claims: Alpha Logistics Company has to be informed in writing about any claim within 15 days after the delivery date provided within the agreement and Alpha Logistics Company reserves its right to decline any claims that not being informed for, in any case Alpha Logistics Company will not be liable for the acceptance of any claim unless the shipper has paid all charges due to Alpha Logistics Company upon this agreement and the shipper shall not set-off with any amount of his claim in exchange for those charges.
Prohibited items to transport: except for the explicit written approval of the employee approved by Alpha Logistics Company Company, the following materials are prohibited to transport (currency, stamps, artwork, jewelry, valuable metals, precious stones, gold or silver alloys, weapons and explosives, bank checks, payment orders, traveler’s checks, antiques, plants, animals, medicines and drugs, foodstuffs, liquid materials, tobacco, perishable goods, tradable commercial papers in the form of a bondholder, inappropriate materials, industrial funds, diamonds, prohibited materials by the International Transport Union including hazardous and flammable materials prohibited by any official or local federal government to any country or region through the shipment that will be transferred, or any other materials reported for by Alpha Logistics Company that it’s prohibited materials)
Insurance: the shipment insurance is the shipper responsibility and he has to inform Alpha Logistics Company in writing with of his desire to insure the shipment against the shipping hazards before delivering the shipment to Alpha Logistics Company, and about the nature and the value of the goods and the required coverage, and he shall provide the required documents to the insurance companies and in case of any damage caused to the shipment during the shipping process, the liability shall be exclusively the responsibility of the insurance company.
Contracting law: the shipper and Alpha Logistics Company company both should have irrevocable agreement to apply the laws of the Republic of Turkey to each article of the agreement and submit it exclusively to the jurisdiction in the Republic of Turkey.