1.      Claims for non-delivery of shipment must be presented to Yello X Supply Chain Solutions, Inc. within thirty (30) days from the date of arrival of shipment. Suits based upon claims arising from shortage, damage, or non-delivery of shipment shall be instituted within sixty (60) days from the date of accrual of the right of action. Failure to make claims, or to institute judicial proceeding as herein provided shall constitute a waiver of the claim of right of action.

2.      Shipper/Consignee shall withdraw its cargo within twenty-four (24) hours from notice by  Yello X Supply Chain Solutions, Inc. or within the storage concession period based on prior agreement , if any. Failure to withdraw within the aforesaid time frame shall release Yello X Supply Chain Solutions, Inc. of all liability and responsibility for loss or damage to the cargo of whatever nature and for whatever cause.

3.      Cargoes that could no longer be delivered due to error or omission by the Shipper or Consignee or when no disposal instructions have been provided by either Shipper or Consignee, shall be considered unclaimed or abandoned. Upon arrival of shipment, Yello X Supply Chain Solutions, Inc. shall notify the proper parties shown in this House Waybill of such arrival through the Cargo Arrival Notice. For non-perishable cargo, if no instructions are received from either Shipper or Consignee within thirty (30) days after the issuance of the Cargo Arrival Notice, Yello X Supply Chain Solutions, Inc may dispose of, or sell any unclaimed or abandoned cargo through a public auction, at its sole discretion. For this purpose, the Shipper/Consignee hereby appoints Yello X Supply Chain Solutions, Inc.  as its Attorney-In -Fact to dispose of or sell the unclaimed or abandoned cargo, sign for all documents, and perform any act requisite and necessary to accomplish said purpose, and to appoint its substitutes as such Attorney-In-Fact with the same powers above specified. For unclaimed/abandoned perishable cargo, Yello X Supply Chain Solutions, Inc. shall have the right to take action as it deems necessary for the protection of the interests of all parties, including disposal of said cargoes within two (2) days after the issuance of the Cargo Arrival Notice.

4.       If the Shipper delivers inflammables, explosives, or other articles of a dangerous or hazardous character, collectively known as “Dangerous Goods” or DG without notice to Yello X Supply Chain Solutions, Inc. as to the nature of the consignment, Shipper shall be responsible for all loss or damage caused by such dangerous goods, and such cargo may be warehoused at his expense, or if  safe warehousing is impossible, may be destroyed without compensation to the Shipper. In addition, Yello X Supply Chain Solutions, Inc. shall have the right to impose penalty on the Shipper, the nature and amount of which shall be at the sole discretion of Yello X Supply Chain Solutions, Inc. as punitive action for delivering dangerous goods to the premises of Yello X Supply Chain Solutions, Inc. without notice.

5.      Yello X Supply Chain Solutions, Inc. shall not be responsible for the detention or wrongful delivery of any merchandise herein specified not distinctly marked to correspond with this House Waybill, nor for consequences arising from the insufficiency of the address or packing, or from obliteration, errors, or inaccuracies of marks and numbers, or for damages from sweat, effect of climate, natural decay, leakage, rust, or any injurious effects of other goods, or for chafing of contents, or for damage from coal or dust. Glass china casting, and other goods of a brittle or fragile nature, or unprotected pieces of such merchandise are carried at owner’s risk only.

6.      Yello X Supply Chain Solutions, Inc. shall have a lien on all merchandise shipped on this House Waybill for freight, dead-freight, demurrage and detention; and all payments made or liabilities incurred with respect to any charges stipulated herein shall be borne by the Shipper/Consignee. Cargoes that are not claimed at destination within the period prescribe in paragraph 2 are stored at the cost of the shipper/consignee and are not covered by insurance unless otherwise agreed upon. Cargoes that remain unclaimed after thirty (30) days are considered unclaimed or abandoned after which period Yello X Supply Chain Solutions, Inc. shall have the right to disposed of the same in the manner described in paragraph 3 in order to cover freight charges, handling, storage fees, etc. Storage fee on all overstaying cargoes at any port in the Philippines shall be assessed and collected based on the prevailing rate charged at port of destination.

7.      Shipper/Consignee shall pay freight charges at the rate stated within and all other charges accruing on said cargo according to actual weight or volume before delivery. If upon inspection it is found that the articles shipped are not those described in this House Waybill, freight charges shall be paid upon the articles actually shipped, and wrong description of cargo shall release the Carrier from all responsibility in case of seizure or detention thereof. All fines, expenses, and losses due to detention of ship or cargo caused by incorrect marking or by incomplete or inaccurate description of contents or weights, or of any other particulars required by the authorities upon either the packages or House Waybill, shall be borne by the Shipper/Owner or Consignee of the goods implicated.

8.      Yello X Supply Chain Solutions, Inc. will not receive for shipment any article the transportation of which is prohibited by law, and if any such goods be shipped in any manner, Shipper will not only be liable for such penalties as may be imposed by law, but also for all damages sustained in consequence of such shipment.

9.      A false or incorrect description of contents, weight, measurement, or value of any package or shipment whereby the full amount of freight due may if estimated on the face of the House Waybill, be not correct, shall entitle Yello X Supply Chain Solutions, Inc. to charge and collect double the regular rate provided.

10.   It is specifically stipulated and agreed that all claims for loss of or damage to any merchandise or property from any cause or for any conversion thereof shall be restricted to the cash value of the same at the port and on the date of shipment, unless otherwise previously agreed in writing. The liability of Yello X Solutions, Inc. however, shall not exceed the value of the goods as appearing in the House Waybill, Yello X Supply Chain Solutions, Inc. shall not be liable for loss of market value arising from miscarriage or late delivery.

11.   Transport of all perishable items are considered Owner’s Risk.

12.  Any court action arising from this transaction will be subject to the jurisdiction of the courts in the City of Cebu.