Straight Bill Of Lading - Short Form Page 2

ADVERTISEMENT

i appliCaTioN
11. Consignor’s risk
Where it is agreed that the goods are carried at the risk of the consignor of the goods, such
The following provisions shall apply to all transportation of goods by for hire highways carriers
agreement covers only such risks as are necessarily incidental to transportation and the
licenced under the Motor Vehicle Transport Act (Canada R S C 1970 M-14) or under provincial
agreement shall not relieve the carrier from liability for any loss or damage or delay which
statutes with the exception of the transportation of:
may result from any negligent act or omission of the carrier, his agents or employees and the
a) used household goods
burden of proving absence from negligence shall be on the carrier.
b) livestock
12. Notice of Claim
c) bus parcel express shipments
d) the personal luggage of bus passengers
a) No carrier is liable for loss, damage or delay to any goods carried under the Bill of Lading
e) such other specific commodities as may be specified by provincial law
unless notice thereof setting out particulars of the origin, destination and date of shipment
of the goods and the estimated amount claimed in respect of such loss, damage or delay is
ii Bill oF laDiNg
given in writing to the originating carrier or the delivering carrier within sixty (60) days after the
delivery of the goods, or, in the case of failure to make delivery, within nine (9) months from the
1. A Bill of Lading shall be completed as provided herein for each shipment.
date of shipment.
2. On each article covered by the Bill of Lading there shall be plainly marked thereon by the
b) The final statement of the claim must be filed within (9) months from the date of shipment
consigner, the name of the consignee and the destination thereof.
together with a copy of the paid freight bill.
This requirement does not apply in cases where the shipment is from one consignor to one
consignee and constitutes a truckload shipment.
13. articles of extraordinary Value
3. The Bill of Lading shall be signed in full (not initialed) by the consignor and by the carrier as
No carrier is bound to carry any documents, specie or any articles of extraordinary value unless
an acceptance of all terms and conditions contained therein.
by a special agreement to do so if such goods are carried without a special agreement and
4. At the option of the carrier a waybill may be prepared by the carrier and the waybill shall
the nature of the goods is not disclosed hereon the carrier shall not be liable for any loss or
bear the same number or other positive means of identification as the original bill of Lading.
damage in excess of the maximum liability stipulated in article 10 above.
Under no circumstances shall the waybill replace the original Bill of Lading.
14. Freight Charges
iii CoNDiTioNS oF Carriage
a) If required by the carrier the freight and all other lawful charges accruing on the goods shall
be paid before delivery and if upon inspection it is ascertained that the goods shipped are not
1. liability of Carrier
those described in the Bill of Lading, the freight charges must be paid upon the goods actually
The carrier of the goods herein described is liable for any loss of or damage to goods accepted
shipped with any additional charges lawfully payable thereon.
by him or his agent except as hereinafter provided.
b) Should consigner fail to indicate that a shipment is to move prepaid, or fail to indicate how
the shipment is to move it will automatically move on a collect basis.
2. liability of originating and Delivering Carriers
15. Dangerous goods
Where a shipment is accepted to carriage by more than one carrier the carrier issuing the Bill
of Lading (hereinafter called the originating carrier) and the carrier who assumes responsibility
Every person, whether as principal or agent, shipping explosives or dangerous goods without
for delivery to the consignee (hereinafter called the delivering carrier). In addition to any other
previous full disclosure to the carrier as required by law shall indemnify the carrier against a
liability hereunder are liable for any loss or damage to the goods while they are in the custody
loss, damage or delay caused thereby, and such goods may be warehoused at the consignor’s
of any other carrier to whom the goods are or have been delivered and from which liability the
risk and expense.
other carrier is not relieved.
16. undelivered goods
3. recovery from Connecting Carrier
a) Where through no fault of the carrier the goods cannot be delivered, the carrier shall
The originating carrier or the delivering carrier as the case may be is entitled to recover from
immediately give notice to the consignor and consignee that delivery has not been made and
any other carrier to whom the goods are to have been delivered the amount of the loss or
shall request disposal instructions.
damage that the originating carrier or delivering carrier, as the case may be, may be required
b) Pending receipt of such disposal instructions:
to pay hereunder resulting from loss of or damage to the goods while they were in the custody
i) The goods may be stored in the warehouse of the carrier, subject to a reasonable charge for
of such other carrier. When shipments are interlined between carriers, settlement of concealed
storage, or
damage claims shall be prorated on the basis of revenues received.
ii) Provided that the carrier has notified the consignor of his intention the goods may be
removed to and stored in a public or licensed warehouse, at the expense of the consignor,
4. remedy by Consignor or Consignee
without liability on the part of the carrier, and subject to a lien for all freight and other lawful
Nothing in articles 2 or 3 deprives a consignor or consignee of any rights he may have against
charges including a reasonable charge for storage.
any carrier.
17. return of goods
5. exceptions from liability
Where notice has been given by the carrier pursuant to article 16a, and no disposal instructions
The carrier shall not be liable for loss, damage or delay to any of the goods described in the
have been received within 10 days from the date of such notice the carrier may return to the
Bill of Lading caused by an Act of God, the Queen’s or public enemies, riots, strikes, a defect
consignor, at the consignor expense, all undelivered shipments for which such notice has been
or inherent vice in the goods, the act or default of the consignor, owner or consignee authority
given.
of law, quarantine or differences in weights of grain, seed, or other commodities caused by
18. alterations
natural shrinkage.
Subject to article 19, any limitation on the carrier’s liability on the Bill of Lading and any
6. Delay
alteration or addition or erasure in the Bill of Lading shall be signed or initialed by the consignor
No Carrier is bound to transport the goods by any particular vehicle or in time for any particular
or his agent and the originating carrier or his agent and unless so acknowledged shall be
market or otherwise than with due dispatch, unless by agreement specifically endorsed on the
without effect.
Bill of Lading and signed by the parties thereto.
19. Weights
7. routing by Carrier
It shall be the responsibility of the consignor to show correct shipping weights of the shipment
In case of physical necessity where the carrier forwards the goods by a conveyance that is not
on the Bill of Lading. Where the actual weight of the shipment does not agree with the weight
a licenced for hire vehicle, the liability of the carrier is the same as though the entire carriage
shown on the Bill of Lading the weight shown thereon is subject to correction by the carrier.
were by licenced for hire vehicle.
20. C.o.D. Shipments
8. Stoppage in Transit
a) A carrier shall not deliver a C.O.D. shipment unless payment is received in full.
Where goods are stopped and held in transit at the request of the party entitled to so request
b) The charge for collecting and remitting the amount of C.O.D. dues for C.O.D. shipments
the goods are held at the risk of that party.
must be collected from the consignee unless the consignor has otherwise so indicated and
instructed on the Bill of Lading.
9. Valuation
c) A carrier shall remit all C.O.D. monies to the consignor or person designated by him within
Subject to article 10, the amount of any loss or damage for which the carrier is liable, whether
15 days after collection.
or not the loss or damage results from negligence, shall be computed on the cases of:
d) A carrier shall keep all C.O.D. monies separate from the other revenues and funds of his
a) the value of the goods at the place and time of shipment including the freight and other
business in a separate trust fund or account.
charges if paid, or
e) A carrier shall include as a separate item in his schedule of rates the charges for collecting
b) where a value lower than that referred to in paragraph (9) has been represented in writing
and remitting money paid by consignees.
by the consignor or has been agreed upon, such lower value shall be the maximum liability.
iV oTher SpeCiFiCaTioNS
10. maximum liability
The amount of any loss or damage computed under paragraph (a) or (b) of article 9 shall not
exceed $2.00 per pound unless a higher value is declared on the face of the Bill of Lading by
the consignor.
E-mail Form
Print Form

ADVERTISEMENT

00 votes

Related Articles

Related forms

Related Categories

Parent category: Business
Go
Page of 2