Term & Conditions for Shipment
1) The terms and conditions of the National Motor Freight Classification Series 100 uniform straight bill of lading in effect on the date of the issue of this bill of lading shall apply subject to exceptions in carrier's tariffs, pricing schedules and rules.
2) Articles which are subject to released or declared value provisions in the National Motor Freight Classification or any subsequent classification applicable to release rates which are in effect on the date of the issue of this bill of lading shall be considered to be released at the lowest released or declared value stated therein, unless a higher value, as provided for in the classifications, is declared on the bill of lading and a higher rate charged as shown in the carrier's tariffs, pricing schedules, terms and conditions and rules which will be provided to the shipper upon request. In no case shall the carrier's liability exceed the maximum liability provided for in the clssification for items subject to released or declared value, or the actual loss to the product, whichever is less.
3) Carrier shall not be liable for any failure to perform any of its respective obligations under this bill of lading or for loss, damage or delay to any of the goods described in the bill of lading when caused by an act of God, public enemies, riots, strike, other work stoppage or labor unrest, a defect or inherent vice in the goods, acts of public authorities, acts or ommission of custom officials, authority of law, quarantines, civil commotions or hazardous incidents to a state of war, compliance with laws, governmental regulations, orders or requirements, act or omission of shipper, consignee, or owner of the goods, or any cause beyond carrier's control.
4) The shipper and consignee shall be liable, jointly and severally, for all unpaid charges payable on account of a shipment.
5) The shipper and consignee shall be liable, jointly and severally, to pay and indemnify and hold carrier harmless from all claims, fines, penalties, damages, costs or other sums that may be incurred, suffered or dispersed for any violation of any of the terms contained herein or any other default of the shipper or consignee with respect to a shipment.
6) Carrier shall have a lien on the shipment for all sums due and payable to carrier. In the event of nonpayment of any sums payable to carrier, the shipment may be held by carrier and be subject to storage and/or disposed of at public or private sale, without notice to shipper or consignee and with no further liability to carrier, paying carrier out of the proceeds of such sale all sums due and payable to carrier, including storage charges. The shipper and/or consignee shall continue to be liable for the balance of any unpaid charges payable on account of the shipment.
7) The listing of conditions herein is not all inclusive as the shipment is subject to the National Motor Freight Classification, the ATA Hazardous Material tariff (ATA 111 Series), the Household Goods Mileage Guide, carrier's tariffs, pricing agreements and Rules and Special Service Charges in effect on the date of the issue of this bill of lading which will be provided to the shipper upon request. Carrier shall provide to the shipper, on request of the shipper, a written or electronic copy of the rate, classification, rules, and practice upon which any rate agreed to between the shipper and carrier may have been based.
8) If the terms and conditions published under the Rules and Service Charges conflict with any other document or correspondence, then the terms and conditions of said rules, which will be provided to the shipper upon request, shall be controlling.
9) All payments due hereunder shall be made by the shipper within fifteen (15) days of receipt of invoice. Payment not timely made shall bear an interest rate of the lesser of 1-1/2% per month or the maximum rate allowed by law. Carrier must issue any bill for charges in addition to those originally billed within 180 days of the date of the original bill in order to have the right to collect such additional charges. Shipper must contest the original bill within 180 days of the date of the original bill in order to have the right to contest such charges. Shipper shall not have the right to withhold or offset the payment of charges for any reason, including but not limited to, claims for lost or damaged goods.
10) Carrier is not bound to transport property by any particular schedule or in time for any particular market, or in any manner other than with reasonable dispatch.
11) As a condition precedent to recovery, claims must be filed in writing with carrier within nine months after the delivery of the property except that claims for failure to make delivery must be filed within nine months after a reasonable time for delivery has elapsed.
12) Suits for loss, damage, or delay shall be instituted against carrier no later than two (2) years and one (1) 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 thereof. and such claims will not be paid.