Effective	15MAY2007
Filed	14MAY2007
Filing Codes	C

 
CONTRACT TERMS AND CONDITIONS
 
 
This contract is subject to all the rules, regulations,
rates and charges, in carrier's currently effective
applicable tariffs on file with the Interstate Commerce
Commission including, but not limited to, the following
terms and conditions:
 
SECTION 1. The carrier or party in possession shall be
liable for physical loss of or damage to any articles
from external cause while being carried or held in
storage,-in-transit EXCEPT loss, damage or delay caused
by or resulting:
 
(a) From an act, omission or order of shipper;
(b) From defect or inherent vice of the article,
including susceptibility to damage because of
atmospheric conditions such as temperature and humidity
or changes therein;
(c) From (1) hostile or warlike action in time of peace
or war, including action in hindering, combating or
defending against an actual, impending or expected
attach (A) by a government or sovereign power, or by an
authority maintaining or using military, naval or air
forces, or (B) by military, naval or air forces; or (C)
by an agent of any such government, power, authority or
forces; (2) any weapon or war employing atomic fission
or radioactive force whether in time of peace or war:
(3) insurrection, rebellion, revolution, civil war,
usurped power, or action taken by the governmental
authority in hindering, combating or defending against
such an occurrence; (4) seizure or destruction under
quarantine or customs regulations; (5) confiscating by
order of any government or public authority; or (6)
risks of contraband or illegal transportation or trade.
(d) (1) For shipments other than household goods as
defined in 40 USC 10102 (10) (B) and (C) from strikes,
lockouts, labor disturbances, riots, civil commotions,
or the acts of any person or persons taking part in any
such occurrence or disorder; (2) For shipments of
household goods and defined in 49 USC 10102 (1) (A),
from delay caused by strikes, lockouts, labor
disturbances, riots, civil commotions, or the acts of
any person or persons taking part in any such occurrence
or disorder and from lost or damage when carrier, after
notice to shipper or consignee of a potential risk of
loss or damage to the shipment from such causes, is
instructed by the shipper to proceed with such
transportation and/or delivery, notwithstanding such
risk.
(e) From Acts of God.
 
SUBJECT, in addition to the foregoing, to the further
following limitations on the carrier's or the party's
possession liability;
The carrier's or the party's in possession maximum
liability shall be either.
(1) The amount of the actual loss or damage not
exceeding $1.25 times the actual weight (in pounds) of
the shipment, or the lump sum declared value, whichever
is greater; or
(2) The actual loss or damage not exceeding thirty (30)
cents per pound of the weight of any lost or damaged
article when the shipper has released the shipment to
carrier, in writing, with liability limited to thirty
(30) cents per pound per article
 
SECTION 2.
 
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
cause by breakdown or mechanical defect of vehicles or
equipment, or from any cause other than negligence of
the carrier, nor shall the carrier be bound to transport
by any particular schedule, means, vehicle or otherwise
then 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.
 
SECTION 3.
 
(a) The shipper, upon tender of the shipment to carrier,
and the consignee, upon acceptance of delivery of
shipment from carrier shall be liable, jointly and
severally, for all unpaid charges payable on account of
a shipment in accordance with the applicable tariffs
including but not up to, sums advanced or disbursed by a
carrier on account of such shipment. The extension of
credit is to either shipper or consignee for such unpaid
charges shall not thereby discharge the obligation of
the other party to pay such charges in the event the
party to whom the credit has been extended shall fail to
pay such charges.
(b) The shipper shall indemnify carrier against loss or
damage caused by inclusion in the shipment of explosives
or dangerous articles or goods.
 
SECTION 4.
 
If for any reason other than the fault of carrier,
delivery cannot be made at address shown on the face
hereof, or at any changed address of which carrier has
been notified, carrier, at its option, may cause
articles container in shipment to be stored in a
warehouse selected by it at the point of delivery or at
other available points, at the cost of the owner and
subject to a lien for all accrued tariff and other
lawful charges.
 
SECTION 5.
 
If shipment is refused by consignee at destination, or
if shipper, consignee or owner of property fails to
receive or claim it within fifteen (15) days after
written notice by United States mail addressed to
shipper and consignee at post office addresses shown on
face hereof, or if shipper fails or refuses to pay
lawfully applicable charges in accordance with carrier's
applicable tariff, carrier may sell the property at its
option, either (a) upon the notice and in the manner
authorized by law, or (b) at public auction to highest
bidder for cash at a public sale to be held at a time
and place named by carrier, thirty (30) days notice of
which sale shall have been given in writing to shipper
and consignee, and there shall have been published at
least once a week for two consecutive weeks in a
newspaper of general circulation at or near the place of
sale, a notice thereof containing a description of the
property as described in the bill of lading, and the
names of the consignor and consignee. The proceeds of
any sale shall be applied toward payment of lawful
charges applicable to shipment and toward expenses of
notice, advertising and sale, and of storing, caring for
and maintaining property prior to sale, and the balance,
if any shall be paid to owner of property; PROVIDED that
any perishable articles contained in said shipment may
be sold at public or private sale without such notices,
if, in the option of carrier, such action in necessary
to prevent deterioration or further deterioration.
 
SECTION 6.
 
As a condition precedent to recovery, a claim for any
loss or damage, injury or delay, must be filed in
writing with carrier within nine (9) months after
delivery to consignee as shown on face hereof, or in
case of failure to make delivery, then within nine (9)
months after a reasonable time of delivery has elapsed;
and suit must be instituted against carrier within two
(2) years and one (1) day from the date when notice in
writing is given by the carrier to the claimant that
carrier has disallowed the claim or any part or parts
thereof specified in the notice. Where a claim is not
filed or suit is not instituted thereon in accordance
with the foregoing provisions, carrier shall not be
liable and such a claim will not be paid.
 
 

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