TERMS AND CONDITIONS.
Indirect Air Carriers. The TSA defines an Indirect Air Carrier as any person or individual (except government entities and postal authorities), within the United States, not in possession of an FAA operating certificate or permit, who undertakes to engage indirectly in air transportation of property, and uses for all or any part of such transportation the services of an air carrier. For the purpose of this definition, Agents, Air Freight Forwarders, and Couriers are Indirect Air Carriers.
Privacy Act Notice. 49 U.S.C. 114 authorizes the collection of this information. The information you provide will be used to qualify you or verify your status as a possible “known shipper.” Providing this information is voluntary; however, failure to provide the information will prevent you from qualifying as a “known shipper.” This information will be disclosed to TSA personnel and contractors or other agents, including IACs in the maintenance and operation of the known shipper program. TSA may share the information with aircraft operators, foreign air carriers, IACs, law enforcement agencies and others in accordance with the Privacy Act, 5 U.S.C. Section 552a. For additional details, see the system of records notice for Transportation Security Threat Assessment System (DHS/TSA 002) published in the Federal Register.
Agreement to Terms of Established Shipping Agreement. Pursuant to this Established Shipping Agreement, Carrier and Shipper agree that the Shipper’s cargo will be transported in accordance with Hawaiian Airlines Conditions of Contract and Hawaiian Airlines Cargo Tariffs. This Established Shipping Agreement does not modify, change or discharge in whole or in part; any term or condition in the carrier’s Conditions of Contract. This agreement covers a series of shipments. The cargo will not be tendered for transportation prior to seven days following signing of this agreement.
Credit Application. For the purposes of obtaining credit from Hawaiian Airlines, Inc. ("Hawaiian"), Applicant agrees as follows:
- Applicant represents that the information supplied herein is in all respects complete, accurate, and truthful. Applicant agrees to notify Hawaiian promptly, in writing, of any substantive changes in the information provided.
- Applicant agrees to pay in full for services rendered (without deduction or setoff) within 30 days of date of invoice. Payment should be made to the order of Hawaiian at the mailing address of PO Box 29460, Honolulu, Hawaii 96820-1860. Any amounts not paid when due shall be assessed a service charge at the rate of eighteen (18%) percent per annum (1 1/2% per month) or the highest rate allowed by law.
- If Applicant's account is placed or given to an attorney for collection, Applicant shall pay any and all expenses of collection and attempted collection, court costs and reasonable attorney's fees in addition to other amounts due.
- The failure of Hawaiian to charge interest on Applicant's account or pursue any other remedy available to it shall not constitute Hawaiian's waiver.
- The acceptance of this application by Hawaiian does not constitute an agreement to extend credit to Applicant or to provide services to Applicant. Hawaiian, in its absolute discretion, may set and/or modify credit limits from time to time or terminate credit, with or without notice to Applicant.
- In the event Applicant or any affiliate of Applicant (i.e. a company or other entity under common control) defaults in the payment of any sums due to Hawaiian, all other amounts due from Applicant or any affiliate shall be immediately due and payable, including any amount due for freight in transit. Also, in the event of such default, to the extent allowed under applicable law, Hawaiian is hereby authorized by Applicant to take possession of any freight then being shipped by Applicant and hold the same until payment is made, with all the rights of a secured party under the Uniform Commercial Code, as applicable in the State of Hawaii.
- Applicant agrees that Hawaiian may set off against monies due it from Applicant or any affiliate any monies owed by Hawaiian to Applicant or any affiliate. Applicant agrees that he/she will not set off against any amounts due Hawaiian or claimed to be due to Applicant from Hawaiian.
- If any one or more of the above terms becomes invalid or illegal in any respect, such term or terms shall be waived, and the validity, legality and enforceability of the remaining terms shall not be affected.
- All disputes must be submitted to Hawaiian no later than 30 days following date of billing. Any billing not challenged within 30 days will be deemed accepted and it is agreed will not thereafter be subject to dispute by applicant. No adjustments will be accepted based only on verbal notification received by Hawaiian's representatives. Adjustments may be called in to the Accounts Receivable Department (808) 835-3055, within the 30 days. However, these same adjustments must be also submitted to Hawaiian in writing. All adjustments must reference either an invoice number or any air waybill number, or both numbers, for which the adjustment is being made.
- If applying for credit: I have read, I understand, and I accept the above terms, and I have provided true information to the best of my knowledge. I understand you will rely on the information provided herein in determining whether to extend credit and the limits thereof and that you may wish to periodically update the information given herein. For the purpose of obtaining credit from Hawaiian, Applicant hereby authorizes Hawaiian, or its agents, to investigate the Applicant's personal, partnership to corporate credit and financial responsibility.