1. Generally. The parties hereby agree that the Carrier’s liability is limited for physical damage, loss or loss due to delay to $0.60 per pound and/or not to exceed $100 per bill of lading unless a greater amount is declared on the face of this Bill of Lading. The parties further agree that the terms of 49 U.S.C. 14706 (c)(1)(A) and (B) are applicable. Nothing herein shall wave, diminish, or lessen any protection which Carrier may have pursuant to any statute, rule or regulation of the United States, any state territory thereof or any other jurisdiction governing a particular shipment. Carrier in no event shall be liable for consequential damages (including loss of market, interest or use of the freight) whether or not Carrier was informed of possibly of such damages. The aforesaid terms and conditions and limitations apply to and for the protection of the Carrier and its directors, officer, agents, employees and independent sub-contractors.
2. Carrier’s Limitation of Liability. Neither the carrier nor the party in possession of any of the property described in this bill of lading shall be liable as at common law for any loss thereof or damage thereto, except as hereinafter provided. (a) Carrier shall not be liable for loss or damage to shipments handled hereunder by any cause other than gross negligence or intentional misconduct of or by the Carrier. Shippers and consignees have agreed to release carrier from liability for physical damage, loss or loss due to delay for items of freight including, but not limited to: (i) items improperly or inadequately packed or mislabeled by the shipper; (ii) items containing internal damage or concealed breakage; glass and ceramic with existing cracks; (iii) items of inherent vice or weakness due to poor craftsmanship in fabrication; (iv) items containing internal mechanics or instrumentation; (v) items with waxen, resinous, or viscous surface area, be they in wet, semi-dry, or hardened state; (vi) damaged or excessively worn antique items in disrepair, items exhibiting prior repairs or breakage; (vii) uncured and/or not thoroughly dry paintings; uncured and/or unset varnish applied to furniture (viii); (ix) items with directional orientation to which the shipper does not affix descriptive arrows in advance; and (x) items shipped unwrapped at the stated request of the shipper. Parties further agree that Carrier may define subjective terms, including but not limited to, “inadequately packed,” “inherent vice,” and “excessively worn” as reasonably and commonly acceptable in Carrier’s industry and as applied against common and previous occurrences in the normal course of packing and shipping. (b) Furthermore, Carrier is not responsible for and shall remain exempt from liability for physical damage, loss or loss due to delay for items of freight for conditions beyond Carrier’s control, including but not limited to, the following conditions: (i) highway obstruction or closure due to official or unofficial action; (ii) faulty or impassable highway; (iii) lack of capacity of any highway, bridge, or roadway structure; (iv) breakdown, mechanical defect, or detention for any reason of aircraft, oceangoing vessel, vehicle, or equipment; (v) civil disobedience, riots, strikes, or lockouts; (vi) illegal, unlawful or warlike actions; and (vii) extreme weather: acts of nature and God.
3. Shipment Schedule. Unless arranged or agreed upon, in writing, prior to shipment, carrier is not bound to transport a shipment by a particular schedule or in time for a particular market but is responsible to transport with reasonable dispatch. In case of physical necessity, carrier may forward a shipment via another carrier. Shippers and consignees agree to be available to Carrier for pick-up and delivery during regular business hours or to arrange reasonable appointment times with Carrier directly. Carrier reserves the right to assess additional charges if shippers or consignees fail complete shipment by means of shippers or consignees’ delay, impediment, omission of information and/or unwillingness to schedule pick-up or delivery during regular business hours.
4. Procedures for Filing of Claims. (a) As a condition precedent to recovery, claims must be filed in writing with: any participating carrier having sufficient information to identify the shipment. (b) Claims for loss or damage must be filed within 15 days after the delivery of the property (or, in the case of export traffic, within 15 days after delivery at the port of export), except that claims for failure to make delivery must be filed within 30 days after a reasonable time for delivery has elapsed. (c) Suits for loss, damage, injury or delay shall be instituted against any carrier no later than two years and one day from the day when written notice is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts of the claim specified in the notice. Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, no carrier shall be liable, and such claims will not be paid. (d) Carrier does not automatically provide carriage insurance. Insurance may be purchased at a premium added to the cost of transportation services. Carrier insurance premium shall be based upon declared value in freight and such value must appear on the face of this document. Declared values may not be altered once freight is in transit unless written consent is obtained from Carrier. (e) No claims for loss or damage will be entertained until carrier charges have been paid in full.
5. Carrier as Warehouseman. (a) Carrier shall have a general lien upon all goods in its possession for all monies due to it from any of the Customer Parties, and for liabilities incurred and monies paid by Carrier on behalf of any of the Customer Parties. If part of all the goods shall have been delivered, removed, dispatched or sold, the general lien shall apply in respect of such goods as remain in Carrier’s possession. (b) If the consignee refuses the shipment tendered for delivery by carrier or if carrier is unable to deliver the shipment, because of fault or mistake of the consignor or consignee, the carrier’s liability shall then become that of a warehouseman. Carrier shall promptly attempt to provide notice, by telephonic or electronic communication as provided on the face of the bill of lading, if so indicated, to the shipper of the party, if any, designated to receive notice on this bill of lading. Storage charges, based on carrier’s tariff, shall start no sooner than the next business day following the attempted notification. Storage may be, at the carrier’s option, in any location that provides reasonable protection against loss or damage. The carrier may place the shipment in public storage at the owner’s expense and without liability to the carrier. (c). If the carrier does not receive disposition instructions within 48 hours of the time of carrier’s attempted first notification, carrier will attempt to issue a second and final confirmed notification. Such notice shall advise that if carrier does not receive disposition instructions within 10 days of that notification, carrier may offer the shipment for sale at a public auction and the carrier has the right to offer the Shipment for sale. The amount of sale will be applied to the carrier’s invoice for transportation, storage and other lawful charges. The owner will be responsible for the balance of charges not covered by the sale of the goods. If there is a balance remaining after all charges and expenses are paid, such balance will be paid to the owner of the property sold hereunder, upon claim and proof of ownership. (d) Where carrier has attempted to follow the procedure set forth in subsections 5(b) and (c) above and the procedure provided in this section is not possible, nothing in this section shall be construed to abridge the right of the carrier at its option to sell the property under such circumstances and in such manner as may be authorized by law. (e) Where a carrier is directed by consignee or consignor to unload or deliver property at a particular location where consignor, consignee, or the agent of either, is not regularly located, the risk after unloading or delivery shall not be that of the carrier. (f) The parties hereby agree that the Carrier’s liability as Warehouseman shall be limited for physical damage, loss and loss due to delay to $0.25 per pound or not greater than $20.00 per square foot or the material value, whichever is less.
6. Redirection. Should a customer or concerned party to a shipment redirect freight outside of Carrier’s route area in mid-transit, Carrier shall have the right to create a new Bill of Lading and direct freight via the Carrier or outside carriers. Additionally, Carrier retains the right to deliver freight to a warehouse selected by Carrier, with charges for such warehousing payable by the customer pursuant to the terms of Paragraph 5, as stated above.
7. Value. (a) In all cases not prohibited by law, where a lower value than the actual value of the said property has been stated in writing by the shipper or has been agreed upon in writing as the released value of the property as determined by the classification or tariffs upon which the rate is based, such lower value plus freights charges if paid shall be the maximum recoverable amount for loss or damage, whether or not such loss or damage occurs from gross negligence or intentional misconduct. (b) Carrier will not carry nor be liable in any way for any documents, currency, coin money, precious stones, jewelry, negotiable instruments or for any articles of extraordinary value not specifically rated in the published classification or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading.
8. Excluded Items from Transportation. The following types of freight shall not be transported by the carrier under any circumstance: (a) contraband or illegal substances; firearms or ammunition; (b) explosive, chemical, noxious or dangerous goods; (c) livestock, plants, biological or hazardous goods. The act of consigning items of these types to Carrier which are willfully disguised by the shipper, acting with or without knowledge of the customer, shall entitle Carrier to recover any and all costs or fines, penalties, legal fees, damage to Carrier equipment and/or personal injury and compensation to Carrier employees. The customer shall also be liable for and indemnify the Carrier against all loss or damages to other property or persons caused by said dangerous goods. The Carrier is at liberty to dispose of any items consigned with or associated with said dangerous goods at any time and place deemed appropriate by the Carrier with disposal charges billable to customer.
9. Consignor or Consignee Responsible for Charges. (a) The consignor or consignee shall be liable for the freight and other lawful charges accruing on the shipment, as billed or corrected, except that collect shipments may move without recourse to the consignor when the consignor so stipulates by signature or endorsement in the space provided on the face of the bill of lading. Nevertheless, the consignor 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 the consignor. (b) Notwithstanding the provisions of subsection (a) above, the consignee’s liability for payment of additional charges that may be found to be due after delivery shall be as specified by 49 U.S.C. §13706, except that the consignee need not provide the specified written notice to the delivering carrier if the consignee is a for-hire carrier. (c) Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of the charges at the time of shipment or prior to delivery. If the description of articles or other information on this bill of lading is found to be incorrect or incomplete the freight charges must be paid based upon the articles actually shipped.
10. Substitution of Bill of Lading. If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper’s signature on the prior bill of lading or in connection with the prior bill of lading as to the statement of value or otherwise, or as to the election of common law or bill of lading liability shall be considered a part of this bill of lading as fully as if the same were written on or made in connection with this bill of lading.
11. Water Carriage. If all or any part of said property is carried by water over any part of said route, such water carriage shall be performed subject to the terms and provisions and limitations of liability specified by the “Carriage of Goods By Sea Act” and any other pertinent laws applicable to water carriers.
12. Indemnification. The shipper agrees to indemnify and hold harmless the Carrier against any claim asserted against Carrier by a third party for loss or damage to shipments handled hereunder.
13. Payment. Payment terms are due on receipt from the presentation of the invoice unless otherwise stated on the face of this document. Invoices past more than 15 days are subject to 1.5% per month service charge and applicable surcharges. The customer, shipper, consignee and owner of shipment handled hereunder (collectively, the “Customer Parties”) shall remain jointly and severally liable for all amounts payable hereunder until payment is made in full to the Carrier. Carrier shall be entitled to assess fees to Customer Parties if collection procedures on delinquent accounts including, but not limited to, costs for administration, communication, legal procedures and interest on unpaid amounts.
14. Jurisdiction. Carrier and the Customer Parties agree that any dispute arising from or relating to, any shipment or the terms of this agreement shall be brought and enforced in the courts of New York and Carrier and Customer Parties hereby waive any objection to personal jurisdiction or venue, and any right to a trial before jury, in any proceeding in these courts.
15. Alterations. Any alteration, addition or erasure in this bill of lading which shall be made without the special notation hereon of the agent of the carrier issuing this bill of lading shall be without effect and this bill of lading shall be enforceable according to its original tenor.