Terms and Conditions

1. The carrier or the party in possession of the property described in this bill of lading shall be liable at common law for any loss thereof or damage thereto, except as herein provided.

2. Unless arranged or agreed upon prior to shipment, in writing, carrier is not bound to transport a shipment by any particular schedule, or in time for a particular market, but is responsible to transport with reasonable dispatch. Carrier may forward any shipment via another carrier when warranted by necessity.

3. Carrier shall not be liable for any loss, damage or delay to a shipment caused by an Act of God, the public enemy, including terrorism and rioting, the authority of law, the act or default of shipper, or when the property is stopped and held in transit at the request of the shipper, owner, consignor, consignee or receiving party.

4. Claims. a. Claims for loss or damage must be filed with the carrier in writing within thirty (30) days following the delivery of the property. b. Claims for non-delivery must be filed in writing within thirty (30) days after a reasonable time for delivery has elapsed. c. Except where otherwise prohibited by applicable law, suits for loss, injury, damage or delay shall be instituted against carrier no later than six (6) months from the day when written notice is issued by carrier to claimant that it has disallowed any part of the claim specified in such notice. Where claims are not filed or suits are not instituted in accordance with the foregoing provisions, carrier shall not be liable, and such claims will not be paid. d. Carrier may satisfy a claim by repairing or replacing the property lost or damaged with materials of like kind, quality and condition at time of acceptance by carrier. e. Carrier or party liable for loss or damage to any property for which a claim is presented shall have the full benefit of any insurance that might be in effect upon or on account of said property. f. No claim for loss, damage or delay to a shipment will be processed by carrier until all transportation charges thereon have been paid.

5. Non-delivery. a. If consignee refuses the shipment tendered for delivery by carrier, or if carrier is unable to deliver the shipment due to fault, mistake or other action of shipper, owner, receiver, consignor or consignee, carrier’s liability shall be limited to that of a warehouseman. Carrier shall attempt to provide notice, by telephone or electronic communication in accordance with the contact information provided on the face of the bill of lading, to the shipper, receiver or other party designated to receive notice. Storage charges shall start no sooner than the next business day following the attempted notification, unless otherwise agreed upon in writing between the parties. Storage may be at carrier’s option, in any location that provides reasonable protection for the property against loss or damage, including, but not limited to, placement of the shipment in public storage at the owner’s expense and with no liability to the carrier. b. If carrier does not receive disposition instructions within 48 hours of carrier’s attempted first notification, carrier will attempt to issue a second and final notification. Such notice shall advise that if carrier does not receive disposition instructions within ten (10) days following such notification, carrier has the right to offer the shipment for public sale. In the event of the shipment’s sale, the amount of the sale shall be applied to carrier’s invoice for transportation, storage and other lawful charges in connection with the shipment. The owner will be responsible for the balance of charges not covered by the sale of the property. If there is a balance remaining after all charges are paid, such balance will be paid by carrier to the owner of the property upon claim and proof of ownership. Updated 6/1/21

6. Limitation on Damages. a. Except as otherwise prohibited by law, where a lower value than the actual value of the property has been stated in writing by the shipper, such lower value plus freight charges shall be the maximum amount recoverable for loss or damage to the property, whether or not such damage results from negligence. b. In the absence of a written contract between the parties including contrary terms, Carrier’s maximum liability for loss or damage shall be limited to $1.00 per pound, unless shipper declares in writing a value in excess of $1.00 per pound and elects to insure the goods at such declared value at a premium rate. c. In the absence of a written contract between the parties including contrary terms, Carrier’s maximum liability for loss or damage shall be limited to $1,000.00 per shipment, unless shipper declares in writing a value which exceeds $1,000.00 and elects to insure the goods at such declared value at a premium rate. d. Carrier shall not be liable for any loss, damage or delay resulting from an act or omission of shipper. e. Carrier has no liability for any documents, coin money, or for any articles of extraordinary value not specifically referenced with a stipulated value on this bill of lading. f. Carrier shall not be liable for any defect or inherent vice of the property. g. Unless packaging shows visible signs of mishandling, carrier shall not be liable for any concealed damage to property that has been pre-packaged by the shipper or consignor. h. Carrier’s liability for loss or damage to any items shipped as part of a pair or set shall be limited to the repair or replacement value of the damaged item only. i. In no event will carrier be liable to shipper, owner, consignor, consignee or receiver for any type of incidental, consequential, indirect or punitive damages, including, but not limited to, lost revenue, lost profits, depreciated value, replacement goods or any other loss or interruption of use, even if advised of the possibility of such damages.

7. Freight Charges. a. Shipper, owner, consignor, consignee or receiver shall be liable for the freight and other charges accruing on the shipment, as billed or corrected, and shall remain liable for transportation charges where there has been an erroneous determination of the freight charges assessed, based upon incomplete or incorrect information provided by shipper, owner or consignor. b. Nothing in this bill of lading shall limit the right of carrier to require the prepayment or guarantee of the freight charges at the time of shipment or prior to delivery. If the description of the articles or other information on this bill of lading is found to be incorrect or incomplete, freight charges must be paid based upon the articles actually shipped. c. Notwithstanding the above, the shipper, owner, consignor, consignee or receiver maintains liability for payment of additional freight charges relating to ferry fees, or other additional fees not anticipated upon initial determination of freight costs, found to be due after completion of delivery.