VANGUARD IMPORT & FREIGHT CO (VAN), its subsidiaries, affiliated parties, officers, staff, and agents shall not assume liability for losses and damages under circumstances stated under Guideline H. In the event that VAN / its officers / employees / agents is / are made liable, the limit of its / their liability shall be strictly limited to the amount stated under Guideline F. Customers are therefore advised to purchase cover to guarantee that they are fully insured.

By presenting the materials for shipment via VAN and it subsidiaries, the Client agrees to the terms and conditions stated herein. No employee or agent of VAN may alter the stipulations indicated under these terms and conditions.

A. CLIENT/S’ OBLIGATIONS AND ACKNOWLEDGEMENTS: The Client warrants that all shipment is properly disclosed to our party and has not been declared by VAN to be unacceptable for transport as listed under Guideline B. The shipment should be properly marked, addressed, and packed to ensure safe transportation with ordinary care in handling. Failure to do so, the Client will incur penalty that will be charged together with their shipment billing. The Client hereby acknowledges that VAN may abandon and/or release any item for shipment declared unacceptable without incurring any liability whatsoever to the Client, and the Client shall not hold VAN liable for all indemnities, claims, damages, and expenses arising therefrom. The Client shall be solely liable for all costs and expenses, either returning the shipment to the Client, or their supplier’s warehouse. The Client acknowledges that VAN reserves the right to refuse or abandon the carriage or transportation of any shipment from any individual or company and that VAN carries or transports any shipment at its discretion. The Client acknowledges the right of VAN to dispose any cargo if it remains unclaimed for thirty (30) days from the date of its arrival and did not pay its warehouse storage fee.

B. PROHIBITED SHIPMENT: Any prohibited drugs, narcotics, and all other articles prohibited for shipment or carriage as defined by Philippine laws shall not be accepted for shipment. Any corrosive material, inflammable item, acid chemicals, toxic liquids, dangerous articles, easily breakable items, perishable goods, cash, money orders, treasury warrants, explosives, and all other articles of similar nature are accepted for shipment only at CLEINT’S / OWNER’S RISK.

C. ADVANCED OR DOWNPAYMENT: VAN, its subsidiaries, affiliate partners, officers, staff, and agents will never ask for advanced or down payment for the service that it provides.

D. SHIPMENT INSPECTION: VAN has the right, but in no way obliged, to inspect any shipment, including but not limited to, opening of the shipment.

E. LIEN ON GOODS SHIPPED: VAN shall have a lien on all shipments for freight charges other charges of any kind arising out of transportation hereunder and may refuse to surrender possession.

F. LIMITATION OF LIABILITY: The liability of VAN for any loss or damage to shipment is limited to the following:

1.  Full refund of CLIENT’s shipping fee if proven that the shipment is deemed unusable or unsellable due to the damages incurred by VAN during its transport or carriage of the shipment . 
2.  Full refund of the total value of the shipment is compensated to the CLIENT if they have accomplished the In-House Insurance Policy form and have submitted to VAN before sending their shipment to the jurisdiction of VAN and its subsidiaries. The value of the compensation will be based on the actual value as determined under Guideline G hereof, without regard to each commercial utility or special value to the Client.

G. ACTUAL VALUE:

The actual value of a shipment (which term includes any item of no commercial value) which is transported hereunder shall be ascertained by reference to its official packing list and sales invoice.

H. LIABILITIES NOT ASSUMED: While VAN will exercise its best effort to provide expeditious delivery in accordance with regular lead time schedules for all countries and shipment type, VAN will not under any circumstances be liable for delay in pick-up, transportation or delivery of any shipment, regardless of the cause of such delay. Furthermore, VAN shall not be liable for any loss or damage due to the following:

1. Due to acts of God, fortuitous event, force majeure, or any cause or reason beyond the control of VAN; or
2. Caused by the act of default or omission of the Client, the consigning or any other party who claims an interest, including violation of any term or condition hereof or of any person other than VAN regardless of whether the Client requested or had acknowledged such third-party delivery arrangement.

I. APPLICABILITY: Terms and conditions shall inure to the benefit of VAN, its subsidiaries, affiliated parties, officers, employees authorized agents.

J. GOVERNING LAW AND VENUE: This Agreement shall be governed by and construed in accordance with the laws of the Philippines, without regard to any conflict of laws.