Motor Carrier Straight Bill Of Lading - Long Form (Page 2 of 2) in pdf

CONTRACT TERMS AND CONDITIONS

Sec. 1. (a) The carrier or the party in possession of any of the property described

(b) If the carrier does not receive disposition instructions within 48 hours of the

in this bill of lading shall be liable as at common law for any loss thereof or

time of carrier's attempted first notification, carrier will attempt to issue a second

damage thereto, except as hereinafter provided.

and final confirmed notification. Such notice shall advise that if carrier does not

receive disposition instructions within 10 days of that notification, carrier may

(b) No carrier shall be liable for any loss or damage to a shipment or for any delay

offer the shipment for sale at a public auction and the carrier has the right to

caused by an Act of God, the public enemy, the authority of law, or the act or

offer the shipment for sale. The amount of sale will be applied to the carrier's

default of shipper. Except in the case of negligence of the carrier or party in

invoice for transportation, storage and other lawful charges. The owner will be

possession, the carrier or party in possession shall not be liable for loss, damage or

responsible for the balance of charges not covered by the sale of the goods. If

delay which results: when the property is stopped and held in transit upon request

there is a balance remaining after all charges and expenses are paid, such

of the shipper, owner or party entitled to make such request; or from faulty or

balance will be paid to the owner of the property sold hereunder, upon claim and

impassible highway, or by lack of capacity of a highway bridge or ferry; or from a

proof of ownership.

defect or vice in the property; or from riots or strikes. The burden to prove

freedom from negligence is on the carrier or the party in possession.

4(a) and (b) above and the procedure provided in this section is not possible,

nothing in this section shall be construed to abridge the right of the carrier at its

damage to cargo due to inspection or discharge of cargo when caused by

option to sell the property under such circumstances and in such manner as may

government authority, such as an agent of Homeland Security, unless carrier shall

be authorized by law. When perishable goods cannot be delivered and

fail to immediately reseal (if sealed) after inspection or act negligently during and

disposition is not given within a reasonable time, the carrier may dispose of

after the inspection of cargo causing loss or damage to the cargo and also fail to

property to the best advantage.

notify shipper or broker/third party arranging the shipment inspected immediately

with a concomitant duty to follow any direction of the responsible shipper or

(d) Where a carrier is directed by consignee or third party or consignor to unload

broker/third party; provided, carrier’s duties immediately prior and subsequent to

or deliver property at a particular location where consignor, consignee, or the

control of the shipment by government authority shall be as set forth in 1(a)

agent of either, is not regularly located, the risk after unloading or delivery shall

above.

not be that of the carrier.

Sec. 2. Unless arranged or agreed upon, in writing, prior to shipment, carrier is not

Sec. 5.

No carrier hereunder will carry or be liable in any way for any

bound to transport a shipment by a particular, schedule or in time for a particular

documents, coin money, or for any articles of extraordinary value unless a

market, but is responsible to transport with reasonable dispatch. In case of

special agreement to do so and a stipulated value of the articles are endorsed on

physical necessity, carrier may forward a shipment via another carrier. Any claim

this bill of lading.

for loss, damage or delay shall be for a lower value than actual value plus freight

charges only when the lower value is agreed upon in writing on this specific

Sec. 6. Every party, whether principal or agent, who ships explosives or

shipment prior to commencement of the shipment.

dangerous goods, without previous full written disclosure to the carrier of their

nature, shall be liable for and indemnify the carrier against all loss or damage

Sec. 3. (a) As a condition precedent to recovery, claims must be filed in writing

caused by such goods. Such goods may be warehoused at owner's risk and

with: any participating carrier having sufficient information to identify the

expense or destroyed without compensation.

shipment.

Sec. 7. (a) The consignor or consignee shall be liable for the freight and other

(b) Claims for loss or damage must be filed within nine months after the delivery

lawful charges accruing on the shipment, as billed or corrected, except that

of the property (or, in the case of export traffic, within nine months after delivery

collect shipments may move without recourse to the consignor when the

at the port of export), except that claims for failure to make delivery must be filed

consignor so stipulates by signature or endorsement in the space provided on the

within nine months after a reasonable time or an agreed time for delivery has

face of the bill of lading. Nevertheless, the consignor shall remain liable for

elapsed.

transportation charges where there has been an erroneous determination of the

freight charges assessed, based upon incomplete or incorrect information

provided by the consignor and not by a grocer or third party arranging this

later than two years and one day from the day when written notice is given by the

shipment.

carrier to the claimant that the carrier has disallowed the claim or any part or parts

of the claim specified in the notice. Where claims are not filed or suits are not

(b) Notwithstanding the provisions of subsection (a) above, the consignee's

instituted thereon in accordance with the foregoing provisions, no carrier shall be

liability for payment of additional charges that may be found to be due after

liable, and such claims will not be paid.

delivery shall be as specified by 49 U.S.C. §13706, except that the consignee

need not provide the specified written notice to the delivering carrier if the

(d) Any carrier or party liable for loss of or damage to any of said property shall

consignee is a for-hire carrier.

have the full benefit of any insurance that may have been effected, upon or on

account of said property, so far as this shall not void the policies or contracts of

insurance, PROVIDED, that the carrier receiving the benefit of such insurance

prepayment or guarantee of the charges at the time of shipment or prior to

will reimburse the claimant for the premium paid on the insurance policy or

delivery. If the description of articles or other information on this bill of lading

contract.

is found to be incorrect or incomplete, the freight charges must be paid based

upon the articles actually shipped.

Sec. 4. (a) If the consignee refuses the shipment tendered for delivery by carrier or

if carrier is unable to deliver the shipment, because of fault or mistake of the

Sec. 8. If this bill of lading is issued on the order of the shipper, or his agent, in

consignor or consignee, the carrier's liability shall then become that of a

exchange or in substitution for another bill of lading, the shipper's signature on

warehouseman; provided, that carrier shall always provide 2 hours free time for

the prior bill of lading or in connection with the prior bill of lading as to the

loading or unloading as a carrier and not as a warehouseman and detention

statement of value or otherwise, or as to the election of common law or bill of

charges, as a carrier and not as a warehouseman, thereafter shall never exceed

lading liability shall be considered a part of this bill of lading as fully as if the

$600 per each 24 hours following the lapse of free time. Carrier shall promptly

same were written on or made in connection with this bill of lading.

attempt to provide notice, by telephonic or electronic communication as provided

on the face of the bill of lading, if so indicated, to the shipper or the party, if any,

Sec. 9. This bill of lading is for motor carrier transportation by carrier and, if

designated to receive notice on this bill of lading. Storage charges, as a

carrier uses other modes in substitution for carrier’s services, carrier shall be

warehouseman, based on carrier's tariff, shall start no sooner than the next

deemed bound by the terms of this bill of lading and carrier shall be deemed to

business day following the attempted notification. Storage may be, at the carrier's

have utilized other modes, such as rail intermodal or water carriage, under a

option, in any location that provides reasonable protection against loss or damage.

separate bill of lading or other contract arrangement that shall not vary carrier’s

The carrier may place the shipment in public storage at the owner's expense and

direct and continuing obligations under this bill of lading.

without liability to the carrier.

Motor Carrier Straight Bill Of Lading - Long Form Page 2

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