AirNet Systems, Inc. Terms and Conditions

Agreement to Terms
In tendering the shipment to AirNet for delivery, Shipper agrees to all the terms and conditions on this Airbill which no agent or employee of AirNet may alter. Shipper also agrees to these terms and conditions on behalf of any third party with an interest in the shipment. This Airbill may be prepared by the Shipper or by AirNet with the Shipper’s authority and on its behalf.

Services
AirNet will provide transportation services as requested by Shipper and will arrange for air and surface transportation as required. AirNet reserves the right to use agents or other third parities to fulfill these services.

Payment for Services
Payment is due net 15 days. Shipper must have established an account with AirNet prior to pick-up. Shipment fees will be charged based on the greater of actual weight or dimensional weight (defined as length times width times height of the outside of the package, divided by 184, i.e., DIM weight). Rates and quotes provided by AirNet employees and agents are based upon information provided by Shipper. Final rates may vary based upon actual shipment size, weight and services rendered. Shipper will always be primarily responsible for shipping costs, despite any alternate payment instructions, as well as any cost incurred in either returning the shipment or warehousing it pending disposition.

Shipment Weight and Inspection.
All shipments tendered to AirNet are subject to reweighing and recalculation of charges based upon such reweighing. Increments over one pound are rounded to the next pound. All shipments are subject to inspection by AirNet at its discretion without notice.

Shipper’s Responsibility
Shipper is responsible for adequately preparing, marking, packing, labeling and properly describing the contents of the shipment so as to ensure safe transportation with ordinary handling. Shipper must comply with all applicable local, state and federal laws, including those governing packing, marking and labeling for all shipments. Shipper is responsible for any errors in completing the Airbill that may result in additional billing, including, but not limited to incorrect addresses, incorrect weight information and incorrect pick-up or delivery times. If Shipper communicates to AirNet that no delivery signature by recipient is required, AirNet shall not be responsible for any loss that occurs after the delivery of the shipment.

Right of Refusal
AirNet reserves the right to refuse or reject any shipment and may do so in its sole discretion and without liability. AirNet may exercise this right at any time, and includes situations (among others) when a shipment may cause damage to or delay other shipments, property or personnel; is likely to sustain damage or loss in transit due to improper packaging; contains prohibited items; the account of Shipper is not in good standing; or when acceptance of a shipment may jeopardize AirNet’s ability to provide service to other customers.

Undeliverable Shipments
AirNet will hold undeliverable shipments and will notify Shipper. If Shipper cannot be notified, the shipment will be held for 30 days after the attempted delivery date. After 30 days, the shipment will be disposed of at AirNet’s discretion. Shipper will be responsible for all transportation, delivery attempts, storage and disposal charges.

Special Arrangement Required
Shipments weighing in excess of 70 pounds and/or shipments of which the sum of the greatest outside length plus the greatest outside height plus the greatest outside width (i.e., DIM weight) exceeds 90 inches may not be acceptable for shipment. Contact AirNet Customer Support at 888-888-TIME (8463) to make special arrangements for large shipments

Hazardous Materials / Dangerous Goods (hereinafter “HM/DG”, defined domestically under FAA guidelines and defined internationally under ICAO guidelines) may not be shipped under this Airbill. Although AirNet is certified to transport certain HM/DG shipments, certain restrictions do apply. Contact AirNet Customer Support at 888-888-TIME (8463) to make special arrangements to ship HM/DG.

Limitation on Liability and Liabilities Not Assumed
Unless Shipper declares a higher shipment valuation and pays an additional fee, AirNet’s liability for any loss, damage or delay to, or involving, a domestic shipment (which shall include all documents or packages consigned to AirNet under a single Airbill) is limited to the lesser of $100.00 (U.S) or the actual value of the shipment. If a shipment involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, as amended by the Montreal Protocol No. 4 and the Montreal Convention, may apply and limit the liability of AirNet for any loss, delay or damage to the shipment. In the event the Warsaw Convention does not apply to an international shipment, the limitations set forth above with respect to domestic shipments shall apply to such international shipment. AirNet reserves the right to use other aircraft providers and subcontractors in the transportation of Shipper’s shipment. Any exclusion or limitation of liability applicable to AirNet shall apply to AirNet’s agents, subcontractors and employees and to any person whose aircraft or equipment is used in the transportation of the shipment.

AirNet shall not be liable for loss, damage, delay or other result caused by any circumstances beyond the control of AirNet, including, but not limited to, weather, governmental action, mechanical delays, acts of God, strikes or labor disturbances, civil commotion, war, terrorism, fuel shortages, any act or default of Shipper or consignee, inherent vice or defect of the shipment, or violation by Shipper or consignee of any of these Terms and Conditions

AIRNET WILL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF INCOME, WHETHER OR NOT AIRNET HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

Declared Value Limits.
Shipper may elect to declare a higher valuation for loss or damage purposes (other than damage caused by delay) by designating the amount in the Declared Value space on the face of this Airbill or and paying an additional fee for each additional $100 of declared value (currently $.55 per $100). Declared values for items of extraordinary value cannot exceed $500. Items of extraordinary value include shipments containing such items as artwork, jewelry, furs, film, precious metals, negotiable instruments or other unique one of a kind items. For all other shipments, the declared value may not exceed $10,000. Any declared value in excess of $10,000 must be pre-approved by AirNet prior to shipment. Arrangements for declaring values in excess of $10,000 can be made by calling AirNet Customer Support at 888-888-TIME (8463). In the event Shipper should declare a higher shipment valuation as permitted hereunder, AirNet’s maximum liability shall be the value so declared or the actual value of the shipment, whichever is less. Shipper is responsible for proving the actual loss or damage.

Claims
All Claims for lost or damaged shipments must be made in writing and received by AirNet at its offices located at 7250 Star Check Drive, Columbus OH 43217 within 15 days after the date of acceptance of the shipment from AirNet. Any damaged shipment and its original packing material must be made available to AirNet for inspection at the delivery location shown on the Airbill. AirNet is not obligated to act on any claim until Shipper has paid all charges related to such shipment. The amount claimed cannot be deducted from outstanding charges related to shipments transported under this or any other Airbill. Shipper is responsible for providing adequate documentation to support the actual or declared value of the loss.

Choice of Law.
These terms and conditions shall be interpreted and enforced according to the laws of the State of Ohio or applicable federal law, except to the extent the Warsaw Convention may apply.