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Sec. 1 (a) The carrier of 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
thereto, or damage thereto, except as hereinafter provided.
Sec. 1 (b)
1. No carrier or party in possession of all or any portion of the property
described in this bill of lading shall be liable for any loss of or damage to
the said property or for any delay caused by an Act of God, the public enemy,
the authority of law, or the act or default of the shipper or owner. Further,
no carrier or party in possession of all or any portion of the said property
shall be liable for any natural shrinkage of the property.
2. The carrier shall be liable solely as a warehouseman for loss, damage or
delay resulting from fire occurring after the expiration of free time (if any)
allowed by the tariffs lawfully on file (such free time shall be computed as
provided in said tariffs) where such loss, damage or delay occurs:
(a) after notice of the arrival of the property at the destination (or, if the
property is intended for export after notice of the arrival of said property at
the port of export) has been duly sent or or given, and
(b) after placement of the property for delivery at destination or tender of
delivery of the property to the party entitled to receive it has been made.
Except in the case of negligence of the carrier or the party in possession, the
carrier or the party in possession shall not be liable for country damage to
cotton, or 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 a request or
(a) when the property is stopped and held in transit upon request of
the shipper, owner or party entitled to make such a request or
(b) from a defect or vice in the property, or
(c) from riots or strikes
The burden to prove freedom from such negligence is on the carrier or the party
in possession.
Except in the case of negligence of the carrier, no carrier or party in
possession of all or any portion of the property described in this bill of
lading shall be liable for delay caused by highway obstruction, by faulty or
impassable highway, or by lack of capacity of any highway bridge or ferry. The
burden to prove freedom from such negligence is on the carrier or party in
possession.
Sec. 2 (a)
1. No carrier is bound to transport said property by any particular schedule,
train, vehicle or vessel, or in time for any particular market, or in any
manner other than with reasonable dispatch. Every carrier shall have the right,
in case of physical necessity to forward said property by any carrier or route
between the point of shipment and the point of destination.
2. 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 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.
Sec. 2 (b)
Articles of extraordinary value will not be accepted for transportation. Should
an article or articles of extraordinary value be inadvertently accepted by the
carrier, the shipper agrees and declares that the value of the property is
released to a value not exceeding $25.00 per pound per package except when
otherwise provided in the current National Motor Freight Classification ICC NMF
100 Series on this carrier’s governing tariffs. Where shipper pays appropriate
excess valuation charges as provided in carrier’s governing tariff, carrier’s
liability may be increased accordingly up to a maximum of (a) $50.00 per pound
per package or (b) $100,000 for the aggregate of all articles tendered to
carrier by a shipper and transported in a unit of carrier’s equipment.
Articles of Extraordinary Value means (a) articles having a value exceeding
$50.00 per pound per package or (b) the aggregate of all articles tendered to
carrier by a shipper for transport in a unit of carrier’s equipment having a
value in excess of $100,000.
Unit of Carrier’s Equipment means any motor truck or other self-propelled
highway vehicle, trailer, semi-trailer or any combination or set of such
highway vehicles or trailers operated by the carrier.
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LIMITATION OF CARRIER LIABILITY WHERE VALUE IS NOT
DECLARED BY SHIPPER
(1) Where item 62820,63025, 70080, 88140, 99400, 107830, 13I6500, 164900 or
196420 of this classification applies and shipper fails to declare a value as
required by those provisions, the shipment will not be accepted, but if the
shipment is inadvertently accepted, the carrier’s liability shall be limited as
follows:
| Item No. |
Description |
Value Limitation |
| 62820 |
Radio, Radio-telephone or Television Transmitting or
Transmitting and Receiving Sets or other Radio Impulse or Wireless Audio
(Sound) Impulse Transmitting or Transmitting and receiving sets, separate or
combined
|
$5.00 per pound |
| 63025 |
Semiconductors, viz; Devices, NOI; Diodes; Rectifiers;
Transistors
|
$19.00 per pound |
| 70080 |
Flatware,Dresserware or Hollowware, sterling silver, or
Flatware, or Hollowware, with sterling silver parts such as backs, covers,
frames, handles or tops |
$7.50 per pound |
| 88140 |
Glassware, NOI |
$5.00 per pound |
| 99400 |
Hides, Pelts or Skins, dressed or tanned or not dressed nor
tanned, NOI, dry |
$19.00 per pound |
| 107830 |
Jewelry, costume or novelty, made of materials other than
solid or filled precious metals, not mounted, nor set with precious stones
|
$7.50 per pound |
| 116030 |
Machines, Systems or Devices, data
processing, or units that form components of data processing machines, systems
or devices, including Facsimile (FAX) Machines, or Parts thereof, NOI; or
electronic Telephone Switching Systems or Components for such systems
|
$5.00 per pound |
| 136500 |
Metal, NOI, or Metal Allow, NOI
|
$5.00 per pound |
| 164900 |
Radioactive Materials, Articles or Isotopes
|
$5.00 per pound |
| 196420 |
Watches or Watch Movements
|
$10.00 each |
Where the provisions of other tariffs apply, and these provisions specify a
limitation of the carrier’s liability absent a release value declaration by the
shipper, the carrier’s liability shall be limited to the extent provided by
such applicable provisions where the shipper does not make the requisite or
specified release or value declaration.
(2) Shippers who choose to use their own bills of lading shall be considered to
possess the sophistication and transportation knowledge necessary to be
conversant in tariffs provided by motor carrier. Therefore the annotation
provided in paragraph (1) will not be required on shipper furnished bills of
lading and the notice of limited liability provided herein shall be deemed
sufficient public notice.
Sec. 4 (c) Where perishable property transported to the destination stated in
this bill of lading is refused by consignee or party entitled to receive it, or
said consignee or party entitled to receive the property fails to receive it
promptly, the carrier may, in its discretion, to prevent deterioration or
further deterioration, sell the property to the best advantage at private or
public sale:
PROVIDED: that if there is sufficient time to notify the consignor or owner of
the refusal of the property or the failure to receive it and to request for
disposition of the property, such notification shall be given, in such manner
as the exercise of due diligence required, before the property is sold.
Unless a greater value is declared herein, the shipper agrees and declares, that
the value of the property is released to a value not exceeding $25.00 per pound
per package except when otherwise provided in the current National Motor
Freight Classification, ICC NMF 100 series, or this carrier’s governing
tariffs.
PROPERLY IDENTIFIED SHIPMENTS
(1) As shipper, the customer agrees to identify all “foodstuffs”, edible
materials, drugs that are ingested or injected intravenously, or otherwise
taken internally when tendered to the carrier by insertion on the bill of
lading the work “foodstuff”. This item shall apply on foodstuffs, edible
materials and drugs used by humans and animals. Initials and acronyms are not
acceptable. As consignee or third party to the shipment, customer agrees to
indemnify carrier if foodstuffs are not identified by the shipper as stated
above and carrier will not be liable for improper loading violations on any
shipments where foodstuffs are not identified as indicated.
(2) The customer agrees as shipper to clearly identify on the Bill of Lading all
shipments containing materials classified by U.S. Department of Transportation
regulations as poisons. Initials and acronyms are not acceptable. As consignee
or third party to the shipment, customer agrees to indemnify carrier if poisons
are not identified by the shipper as indicated, and carrier will not be liable
for improper loading violations on any shipments where poisons have not been
properly identified.
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