American International Transport, Inc. Terms and Conditions of Service

For all intents and purposes, references to “you” and “your” indicate the customer, and references to “us”, “we” and “our” indicate American International Transport Inc, also referred to as “AIT”.

Billing

A. If you are interested in or have questions regarding any of our invoicing or payment methods, contact your AIT Sales representative at 310-725-2800.

B. Invoices for transportation charges and for import duties/taxes are payable immediately, unless credit has been offered in writing and confirmed by you.

C. We reserve the right to verify the method of payment for any shipment and to refuse any shipment for which the method of payment cannot be verified.

D. Along with your payment, you must furnish the invoice numbers to which your payment applies. Payment should be sent using your remittance advice to: American International Transport, Inc., P.O. Box 2224, El Segundo CA 90245 USA

E. If you are interested in or have questions regarding any of our invoicing or payment methods, contact your AIT Sales representative at 310-725-2800.

  1. The customer has the right to audit our invoices. The customer is solely responsible for informing us, , in writing, prior to 14 days before the due date of any invoice, that a discrepancy exists, or a reason to not pay or reason to partially pay exists.

  2. Our Guarantee Policy, for Guaranteed Air service, governs and is the exclusive remedy for requests for refunds or credits related to service failures. (See "Guaranteed Air-Service Policy" for applicable notice provisions and other conditions.) If the Guarantee policy is suspended or revoked, to the customer in writing, there is no remedy.
  3. We are not obligated to refund any overcharge or pay any other obligation owed when your account is, or has been in the past, more than 15 days past due.


  4. If your account is more than 15 days past due, we may, in our sole discretion, apply any overcharge amounts or other overpayments it agrees are owed to you against any unpaid invoice.
  5. A request for invoice adjustment for reasons not related to a service failure may be submitted by telephone. You must confirm your request in writing, via fax, letter, or email within 15 days of your call. The request must state the reason you believe an adjustment or refund is warranted and must provide, the invoice number in question,and the date of delivery of shipment. A partial payment against an invoice is not considered a request for invoice adjustment or notice of a refund request.


  6. If you choose to send your request for an invoice adjustment for non-service-related failure via the U.S. Postal Service or FedEx, please send it to: American International Transport, Inc., P.O. Box 2224, El Segundo, CA 90245


  7. We will not be liable for any invoice adjustment unless you comply with the notice requirements described above. The filing of a lawsuit against us does not constitute compliance with these notice provisions.

F. The customer, and any other party who is liable for payment, is responsible for all reasonable costs incurred by us in obtaining or attempting to obtain payment for services rendered by us. Such costs include, but are not limited to, attorneys' fees, collection agency fees, interest and court costs.

Credit Terms

A. We do not provide individual consumer credit privileges.

B. We require that an application for credit be correctly completed and signed by the appropriate officer of the customer’s company, and that the original copy be received by us, in order to process and confirm the customer’s credit status.

C. We will confirm your credit status in writing, including the credit amount within 4 business days of receipt of the original copy of the credit application.

D. To obtain credit privileges, customers may be required to agree to bank draft arrangements for payment on account.

E. The invoice date begins the credit term cycle, and payment for transportation charges is due within 30 days from the invoice date. Failure to keep your account current will result in your account being placed on "cash only" status. This status may impair your ability to use our services, delay your shipments, and may result in the loss of any applicable discounts. Duties, taxes and other fees are payable immediately upon receipt of each shipment. If transportation charges and duty and taxes are on the same invoice, all charges are due upon receipt of invoice.

F. IF THE ACCOUNT IS NOT IN GOOD CREDIT STANDING, ANY PACKAGE/SHIPMENT MAY BE REFUSED, HELD OR STOPPED IN TRANSIT UNTIL YOU MAKE ALTERNATE PAYMENT ARRANGEMENTS. THE GUARANTEE POLICY WILL NOT APPLY IN SUCH CIRCUMSTANCES.

G. The shipper, and any other party who is liable for payment, is responsible for all reasonable costs incurred by us in obtaining or attempting to obtain payment for services rendered by us. Such costs include, but are not limited to, attorneys' fees, collection agency fees, interest, and court costs.

H. Credit privileges will not be restored until you have paid all past-due balances in full and all costs, fees and expenses incurred by us in collecting or attempting to collect such balances. We may require establishment of electronic funds transfer as a prerequisite to credit restoration. We may decline to restore credit privileges even if all costs, fees and expenses are paid. We may apply payments made on your account to any unpaid invoice issued on your account at our sole discretion.

Application of Service Conditions

  1. The rates, charges, regulations, and service conditions published in these Service Conditions are applicable to all transportation provided by American International Transport Company, unless otherwise indicated.


  2. The rates cover transportation as indicated in the “Important Details” of each rate quotation only. They do not include the charges for special services, unless otherwise indicated.
  3. Rates, charges, regulations, and Service Conditions applicable to the carriage of cargo will be those in effect on the date of pick-up of the shipment by us or our agents.
  4. All rates, charges, regulations, and Service Conditions published in these Service Conditions are subject to change without notice.

Claims

A. All claims for damage or theft of goods must include photographs of the damage or evidence of theft.

B. Please refer to the Claims section your AIT Co. blue binder. It contains instructions and forms to process claims quickly, and MOST IMPORTANTLY, many procedures to help you avoid claims and to protect your company’s interests. Please review it in depth and refer any questions to your AIT Customer-Account Manager.

C. We must receive notice of a claim due to damage (visible or concealed), delay (including spoilage claims), shortage, within 7 calendar days after delivery of the shipment. We must receive notice of all other claims, including, but not limited to, claims for non-delivery or misdelivery, within 30 calendar days after we accept the shipment.

D. Notice of claims for which you are seeking more than $100 must be in writing. All claims must be made within the time limits set forth above.

E. AIT Co. does not directly insure any shipment. In the case where we offer insurance, we offer such insurance as a service to you, our customer, through a Marine insurance company policy that we hold. No reimbursement for a claim shall be paid directly by AIT Co., but rather, by the Marine insurance company. Typical processing time, and reimbursement, for a claim is between four to six weeks, although this period may be longer.

F. In the case where a customer uses our FedEx 3rd Party Billing account number, we do not provide insurance. The sender/shipper of the goods must request insurance from FedEx on the FedEx air waybill. We will present to FedEx any claims due to damage or loss, however, we accept no responsibility for reimbursement.

G. Your Formal Notice of Claim must include complete shipper and recipient information, as well as the AIT invoice number, date of delivery, number of pieces, and shipment gross weight in kilos. Failure to provide us with notice in this manner and within the time limits set forth in paragraph (C) will result in denial of your claim, and there will be no liability or obligation to pay your claim. The filing of a lawsuit does not constitute compliance with these notice provisions.

H. Written documentation supporting the amount of your claim must be delivered to us within 15 calendar days after we receive your Formal Notice of Claim. Such documentation may include original purchase invoices, estimates, or invoices for repair, expense statements, appraisals or other records. These documents must be verifiable to our satisfaction.

I. We are not obligated to act on any claim until all transportation charges have been paid. The claim amount may not be deducted from these charges or from any outstanding balance owed to us.

J. We reserve the right to inspect a damaged shipment on the recipient's premises as well as the right to retrieve the damaged package for inspection at our facility. The terms and conditions applicable to the original shipment (including any declared value) will govern the disposition of all claims in connection with the shipment, including any claim relative to the retrieval, inspection or return of the package. When a package is picked up for inspection, a receipt for the damaged package will be provided if requested by your company. All of the original shipping cartons, packing and contents must be made available for our inspection and retained until the claim is concluded

K. Except in the case of concealed damage, receipt of the shipment by your company or your company’s agent without written notice of damage on the Delivery Order document is prima facie evidence that the shipment was delivered complete and in good condition.

L. Only one claim can be filed in connection with a shipment. Acceptance of payment of a claim shall extinguish any right to recover in connection with that shipment.

M. When we resolve a claim by paying full value for a shipment, we reserve the right to pick up the package and its contents for salvage, and all rights, title to, and interest in the package shall vest with us.

N. Written claims must be sent (via U.S. Postal Service) to: American International Transport, Inc., P.O. Box, El Segundo, CA 90303

O. FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS WILL RESULT IN THE DENIAL OF YOUR CLAIM.

"Guaranteed Air-Service Policy"- Import Shipments.

A. “Guaranteed Air Service” must be requested by you, in writing, before the shipment leaves the possession of the Shipper. Once your shipment is received from the Shipper by us or our agents, we enter into a contract to deliver such goods within 3 calendar days.

B. If we fail to deliver your shipment by 9:00PM on the 3rd day after receipt, then we agree to send you a Credit Note equal to 60% of the transport charges.

C. In the case where we are unable to deliver within 3 days due to U.S. government (including U.S. customs) restrictions, examinations or impediments, no Credit Note will be issued. Instead, we will offer written proof of the U.S. government’s refusal to release for delivery your import shipment.

Terms and Conditions 2005

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