TERMS AND CONDITIONS OF BILL OF LADING
The following Terms and Conditions apply to all services performed by Carrier, and any appointed Third Party.
The word “Shipper” includes the party entering into this Bill of Lading as Consignor and any party for whose account the goods are shipped. The word “Goods” includes articles of every kind and description tendered for transportation under this Bill of Lading. The word “Third Party” refers to an individual or business appointed by the “Shipper” to act or perform duties on the “Shipper’s” behalf. This includes the Carrier or a Third Party to the Carrier that may be appointed as Consignor in the absence of the owner of the goods. In addition, all inventories, quotations, and all documentation prepared in conjunction with this Bill of Lading are covered under the Terms and Conditions of this Bill of Lading. These documents, together with this Bill of Lading, constitute the contractual documents governing the services rendered to Shipper. Incorporated provisions include, but are not limited to:
(1) Establishing the limitation of Carrier s liability; (2) Setting the time period for filing claims; and (3) Reserving the Carrier s right to invoice additional charges for additional services performed. SHIPPER AND/OR APPOINTED THIRD PARTY AGREES TO ALL TERMS AND CONDITIONS, LIMITATIONS, RATES, AND PROVISIONS. In signing the Bill of Lading at origin, any appointed third party (non-owner of the goods) will be assumed to have authority to ship the goods if they are in possession of the goods at origin.
SECTION 1: The Carrier, (and its employees, officers, directors, contractors, agents, representatives, and/or corporately related business entities, and any Third Party Sub-contracted to perform services on the Carrier’s behalf) shall not be liable for physical loss of or damages to any goods handled, stored, or transported pursuant to this Bill of Lading or for delay in the delivery of such goods caused by or resulting:
(a) From an act, omission or change in the service by Shipper.
(b) From any defect or inherent vice of the article, including susceptibility to damage because of mechanical malfunction and/or atmospheric conditions such as temperature and humidity or changes therein;
(c) For any war like action.
(d) From Acts of God.
(e) From damages due to improper packing, bracing or preparation.
SECTION 2: The Carrier, (and its employees, officers, director, contractors, agents, representatives and corporately related business entities, and any Third Party Sub-contracted to perform services on the Carrier’s behalf) shall not be liable in any event for any special, incidental or consequential damages, including, but not limited to loss of profits, income, interest, utility or loss of market, whether or not Carrier had knowledge that such damages might be incurred.
SECTION 3: The liability of Carrier (and its employees, officers, directors, contractors, agents, representatives, and/or corporately related business entities, and Third Party Sub-contracted) for physical loss or damage to any goods handled, stored, or transported pursuant to this Bill of Lading or delay in the delivery of such goods shall be subject to the limitations of liability set forth in this Bill of Lading, the limitations of liability contained in this Bill of Lading is $0.60/lb. per piece.
SECTION 4: The Carrier shall not be liable for delay caused by highway obstruction, or faulty or impassable highways, or lack of capacity of any highway, bridge or ferry, or caused by breakdown or mechanical defect of vehicles or equipment, or from any cause.
SECTION 5: The Consignor/Shipper or authorized agent upon signing the Bill of Lading at origin, together with the Consignee, upon acceptance of the shipment from the Carrier; shall be jointly responsible for all charges relating to the shipment. Payment must be made before delivery of the goods, and if delivery is performed without collection of funds, then the terms of credit are 30 days. After 30 days, any unpaid charges will be subject to a 10% interest charge compounded monthly.
SECTION 6: If for any reason delivery cannot be made at the destination address or at any changed address of which Carrier has been notified, Carrier, at its own option, may cause articles contained in shipment to be stored in a warehouse selected by Carrier at the cost of the Shipper or Consignee and also subject to a lien for all charges before delivery.
SECTION 7: If shipment is refused by Consignee at destination, or if Shipper, Consignee or owner of property fails to receive or claim the shipment within thirty (30) days, or Shipper fails or refuses to pay all outstanding charges; Carrier may sell or dispose of the property.
SECTION 8: Nothing in this Bill of Lading shall limit the right of the Carrier to require the prepayment of all charges at the time of collection and/or prior to delivery. If the description of articles or other information on this Bill of Lading is found to be incorrect or incomplete, all charges still must be paid based upon the articles actually shipped.
SECTION 9: Shipper hereby acknowledges and agrees that it releases holds harmless Carrier for any risk. As well as damage caused as a result of any pre-existing condition, age, prior handling, lack of maintenance, or any risk including negligence. Shipper further acknowledges and agrees to be bound by the limits of liability contained in this agreement.
SECTION 10: Any claim must be received in writing by Carrier within two (2) months after delivery to Consignee as shown on Bill of Lading. All shipments will be governed by our limited liability of $0.30/lb. per piece unless valuation insurance protection has been purchased.
SECTION 11: Rates and Charges: The parties, in advance of the shipment, have agreed to the charges for Carrier’s services. Carrier’s charges are set and established by the Quotation and Shipper’s acceptance. The Quotation, unless otherwise noted thereon, excludes all applicable taxes and or duties. Any unpaid charges are subject to 10% compound interest per month.
SECTION 12: Unless payment has been otherwise arranged, the Carrier will not relinquish possession of shipment until all the charges are paid. The terms and conditions of the “Quotation and Contract: and the “All Risk” Valuation Insurance protection have been read and understood and are in effect. Notwithstanding any “Quotation” signed by a Third Party or any instructions to invoice a Third Party, the Shipper remains jointly and severally liable for all charges. Shipper and Carrier are in agreement that all articles are being shipped to the correct destination via the correct mode, and we release the Carrier from shipping unwanted or wanted goods after initial shipment. Arrival dates are subject to change as a result of weather, strikes, customs, inspections, port congestion, or any other unforeseen circumstances. The Carrier will not be responsible for any charges (temporary accommodation, living expenses, inspection fees, storage, demurrage, etc.) resulting from shipping delays.
SECTION 13: Cancellation: If at any time after Shipper’s acceptance of the Quotation, Shipper elects to cancel Carrier’s services, Shipper agrees to pay a cancellation fee equal to 25% of the quotation. If Shipper’s cancellation of Carrier’s services occurs within seven (7) days of the date scheduled for pick-up, Shipper agrees to pay a cancellation fee equal to 50% of the quotation.
SECTION 14: Attorney’s Fees and Costs: In the event of any action based on this Bill of Lading, Carrier shall be entitled to collect, all damages, costs, and attorney’s fees.
SECTION 15: Storage in Transit: If goods are stopped and held for any cause the goods and any charges are held at the risk of the shipping party.
SECTION 16: If Consignor is unable sign this Bill of Lading; Consignor may grant permission to “Carrier” to sign upon receiving goods at origin or destination. It is assumed carrier has authority to sign, if they are in possession of goods at origin.
SECTION 17: If no valuation protection insurance is purchased prior to transport it is assumed the shipment is being transported on terms and conditions of this Bill of Lading.
