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Sec 1.(a) The carrier shown as transporting the property described in this bill of lading shall be liable as at common law for any loss or damage to the shipment, except as provided herein.
(b) No carrier shall be liable for any loss or damage or for any delay caused by an Act of God, the public enemy, the authority of law, the act or default of the shipper, riots or strikes, or any related causes. Except in the case of negligence of the carrier, the carrier shall not be liable for loss, damage or delay which results: when the property is stopped and held in transit upon request of the shipper, owner or party entitled to make such request; or from faulty or impassible highway, or by lack of capacity of a highway, bridge or ferry; or from a defect or vice in the property. The burden to prove carrier negligence is on the shipper
Sec 2. Unless arranged or agreed to in writing or electronically, prior to shipment, carrier is not bound to deliver a shipment by a particular schedule or in time for a particular market, but will transport the shipment in the regular course of its providing transportation services. In the case of physical necessity while in transit, carrier may forward the shipment via another carrier.
Sec. 3. (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 damage must be filed with the carrier not more than nine (9) months from the date of delivery (or in the case of export traffic, not more than nine (9) months after delivery at the port of export, or in the case of import traffic, not more than nine (9) months after pickup at the place of tender). Claims for loss must be filed with the carrier not more than nine (9) months from the date of the bill of lading.
(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) Any carrier or party liable for loss of or damage to any of said
property shall have the full benefit of any insurance that may have been effected,
upon or on account of said property, so far as this shall not void the
policies or contracts of insurance, PROVIDED, that the carrier receiving the
benefit of such insurance will reimburse the claimant for the premium paid
on the insurance policy or contract.
Sec. 4. (a) 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 or 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.
(b) 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 good. 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.
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(c) Where carrier has attempted to follow the procedure set forth in
subsections 4 (a) and (b) 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. When perishable goods cannot
be delivered and disposition is not given within a reasonable time, the
carrier may dispose if property to the best advantage.
(d) 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.
Sec. 5. (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 freight charges if paid shall be the maximum
recoverable amount for loss or damage, whether or not such loss or damage
occurs from negligence.
(b) No carrier hereunder will carry or be liable in any way for any
documents, coin money, 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,
Sec. 6. Every party, whether principal or agent, who ships explosives
or dangerous goods, without previous full written disclosure to the carrier of
their nature, shall be liable for and indemnify the carrier against all loss or
damage caused by such goods. Such goods may be warehoused at owner’s
risk and expertise or destroyed without compensation.
Sec. 7. (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 at 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 of 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.
Sec. 8. 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.
Sec. 9. It 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.
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