GENERAL TERMS AND CONDITIONS
SECTION 1. (a). The carrier or party in possession of any of the property herein described shall be liable as at common law for any loss thereof or damage thereof, except as herein after provided.
(b). No carrier or party in possession of all of the property herein described shall be liable for any loss thereof or damage thereto or delay when any of the above are caused by the act of God, the public enemy, the authority of the law. or the act of default of the shipper or owner, quarantine, riots, strikes, perils of navigation or the nature of the property or defect or inherent vice therein. Except in case of negligence of the carrier or party in possession (and burden to prove freedom from such negligence shall be on the carrier or party in possession), the carrier or party in possession shall not be liable for loss, damage, or delay occurring while the property is stopped and held in transit upon the request of the shipper, owner, or party entitled to make such request, or resulting from a defect or vice in the property.
(c). In case of quarantine the property may be discharged at the risk and expense of owners into quarantine depot or elsewhere, as required by quarantine regulations or authority or for the carrier's dispatch at the near¬est available shipping point in the carrier's judgement, and in any such case carrier's responsibility
shall cease when property is so discharged, or property may be returned by carrier at owners expense to shipping point, earning freight both ways, Quarantine expenses of whatever nature or kind upon or in respect to property shall be borne by the owners of the property or be a lien thereon. The carrier shall not be liable for loss or damage occasioned by fumigation or disinfection or other acts required or done by quarantine regulations, even though the same may have been done by carrier's ocers, agents, or employees, nor for detention, loss, or damage of any kind occasioned by quarantine enforcement thereof. No carrier shall be liable, except in the case of negligence, for any mistake or inaccuracy in any information furnished by the carrier, it's agents, or ocers; as to quarantine laws or regulations. The shipper shall hold the carrier harmless from any expense they may incur, or damage they may be required to pay, by reason of introduction of property covered by this contract into place against the quarantine laws or regulations in e‑ect at such place. (d). The carrier shall not be liable for delay by highway obstruction, or faulty 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 other than negligence of the carrier; nor shall the carrier be bound to transport by any particular schedule, means, vehicles or otherwise 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.
(e). Except in the case of negligence of the carrier or party in posses¬sion, no carrier or party in possession of all or any of the property herein described shall be liable for the loss or damage thereto or responsible for its condition, operation or functioning, whether or not such property or any part of it is packed, unpacked by the shipper or its agents or the carriers or its agent. Except in case of negligence of the carrier or party in possession, no carrier or party in possession of all or any of the property herein described shall be liable for damage to or loss of contents in pieces of furniture crates, bundles, cartons, boxes, barrels, or other containers unless such contents are open for the carrier's inspection and then only for such articles as are specially listed by the shipper and receipted for the carrier or its agent.
(f). Carrier shall not be liable for loss of special or extra equipment not part of the original equipment of the commodity unless specially listed on the Bill of Lading or shipping receipt. Carrier shall not be liable for damage to electrical, mechanical or electronic machines, machinery or devices unless external damage is apparent.
(g). Except in case of negligence of the carrier or party in possession the carrier or party in possession shall not be liable for loss, damage, or delay occurring while the property is stopped and held or stored in transit upon request of the shipper, owner, or party entitled to make such a request, whether such request was made before or after the carrier comes Into possession of the property. SUBJECT, in addition to forgoing, to the further following imitations on the carrier’s liability: To $.60 cents per pound of weight of the lost or damaged article, unless a different value per article is declared and shipper agrees to applicable increased rates. Liability will be limited to $.60 per pound, per article, unless the shipment is released to a value greater than $.60 per pound in which case liability for loss or damage may be limited to $100 per pound, per article (based on the actual article weight); for any article included in the shipment that exceeds $100 per pound per articie, unless the shipper specifically notifies carrier in writing that identified article or articles with a declared value greater than $100 per pound will be included in the shipment. In such case, the shipper will be entitled to full recovery up to the declared value of the article or articles, not to exceed the declared value of the entire shipment.
SECTION 2. As a condition precedent to recovery, claims must be filed in writing with the receiving or delivering carrier, or carrier using this bill of lading, or carrier on whose line the loss, damage, injury, or delay occurred, within nine (9) months after the delivery of the property (or, in case of export trac, within nine (9) months of delivery at port of export) or, in case of failure to make delivery, then within nine (9) months after a reasonable time for delivery has elapsed; and suits shall be instituted against any carrier only within two (2) years and one (1) day from the day when notice in writing is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts thereof specified in the notice. Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, no carrier hereunder shall be liable, and such claims will not be paid.
SECTION 3. 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 the United States mail addressed to shipper and consignee at post oce 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 notice in the manner authorized by law, or (b) at public auction to the highest bidder for cash at a public sale to be held at a time and place to be named by a 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 (2) 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 or consignee. The proceeds of any sale shall be applied toward payment of lawful charge applicable to shipment and toward expenses of notice, advertising and sale, and of storing for, caring for and maintaining property prior to sale; and balance, if any shall be paid to owner of property.
SECTION 4. (a). ,When the carrier is directed to accept or load property from (or render any services) at a place or places at which the consignor or his agent is not present, the property shall be at the risk of the owner before loading.
(b). When the carrier is directed to unload or deliver property (or render any services) at the place or places at which the consignee or its agent is not present, the property shall be at risk of the owner after unloading or delivery.
SECTION 5. No carrier hereunder will carry or be liable in any way for any document, specie, or any articles of extraordinary value not specifically rated in the published tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed herein.
SECTION 6. Explosives or dangerous goods will not be accepted for shipment. Every party whether principal or agent shipping such goods shall be liable for and indemnify the carrier against all loss or damage caused by such goods and carrier will not be liable for the safe delivery of the shipment.
SECTION 7. If this Bill of Lading is issued on the order of the shipper, or its agent, in exchange or in substitution for another Bill of Lading. the shippers signature on the prior Bill of Lading as to the statement of value or otherwise, or election for common law or Bill of Lading liability, in or in connection with such prior Bill of Lading, shall be considered a part of this Bill of Lading as fully as if the same were written or made in or in connection with this Bill of Lading.
SECTION 8. Any alteration, addition or erasure in this Bill of Lading which shall be made without the special notation hereon of the agent of the carrier issuing this Bill of Lading shall be without effect, and this Bill of Lading shall be enforceable according to its original tenor.