Bill Of Lading Form (Page 3 of 3) in pdf

(b) No carrier hereunder will carry or be liable in any way for any documents, coin money, or for any articles of

extraordinary value not specifically rated in the published classification or tariffs unless a special agreement to do so and a

stipulated value of the articles are endorsed on this Bill of Lading.

(c) It is agreed that iron, steel and metal goods, including vehicles, which at the time of shipment have superficial rust,

corrosion, oxidation or any like condition resulting from moisture, sweat and/or their nature are not to be regarded as damaged and

are admitted as being in apparent good order and condition by the Carrier and the Shipper, and the Carrier shall not be liable for

such rust, corrosion, oxidation, or any like condition thereto even if caused even if caused during the custody of the Carrier.

(d) It is agreed that lumber, timber and any unprotected pieces which at the time of shipment have chafage, breakage,

splitting, holes, stains, warping, shakes and/or discoloration are not to be regarded as damaged and are admitted as being in

apparent good order and condition by the Carrier and Shipper, and the Carrier shall not be liable for such chafage, breakage,

splitting, holes, stains, warping, shakes and/or discoloration or any like condition thereto however caused even if caused during the

custody of the Carrier.

(e) The defenses and limit of liability provided for in this Bill of Lading shall apply in any action against the Carrier for

loss or damage to the goods whether the action is founded in contract or in tort. If an action for loss or damage to the goods is

brought against a servant, agent or independent contractor of Carrier, such person shall be entitled to avail himself of the defenses

and limits of liability that the Carrier is entitled to invoke under this contract. The aggregate of the amounts recoverable from the

Carrier and its servants, agents or independent contractors shall in no case exceed the limits provided for in this Bill of Lading.

(f) General Average shall be adjusted, stated and settled according to York-Antwerp Rules 1974 at any port or place at the

Carrier’s option and as to matters not provided for in these Rules, according to the laws and usage at the port of Tacoma,

Washington or any other place at the option of the Carrier. In the event of accident, danger, damage, or disaster, before or after

commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not, for which, or for the

consequences of which, the Carrier is not responsible by statute, contract or otherwise, the goods, shippers, consignees, or

owners of the goods shall contribute with the Carrier in general average to the payment of any sacrifices, losses, or expenses of a

general average nature that may be made or incurred, and shall pay salvage and special charges incurred in respect of the goods.

If a salving vessel is owned or operated by the Carrier, salvage shall be paid for as fully as if the salving vessel or vessels belonged to

strangers.

(g) Any dispute arising under this Bill of Lading shall be governed by the general maritime law of the United States or by

the laws of the State of Washington in the event there is no applicable general maritime rule of law. The parties submit to the

exclusive jurisdiction of the United States District Court for the Western District of Washington at Seattle with respect to any

litigation arising out of this Bill of Lading or performance hereunder.

Sec. 6 Every person, whether principal or agent, who ships explosives or dangerous goods (including hazardous materials

and controlled substances as defined by any governmental authority) shall comply with all laws and regulations applicable thereto

and shall notify Carrier in writing of the nature of the cargo prior to shipment. No person may ship, and Carrier will not accept,

any illegal drugs or other contraband. Any person who fails to comply with this Section shall be liable for and indemnify the

Carrier against all loss or damage (including all fines, forfeitures or penalties imposed by any governmental authority) arising out

of or resulting from such failure or caused by such goods. Such goods may be warehoused at cargo owner’s risk and expense or

destroyed without compensation.

Sec. 7 (a) The consignee or consignor shall be liable for the freight and other lawful charges accruing on the shipment, as

billed or corrected, except that collect shipments may move without recourse to the consignor, when the consignor so stipulates by

signature or endorsement in the space provided on the face of the bill of lading. Nevertheless, the consignor shall remain liable for

transportation charges where there has been an erroneous determination of the freight charges assessed, based upon incomplete or

incorrect information provided by the consignor.

(b) Notwithstanding the provisions of subsection (a) above, the consignee’s liability for payment of additional charges

that may be found to be due after 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 consignee is a for hire carrier.

(c) Nothing in the bill of lading shall limit the right of the Carrier to require the prepayment or guarantee of the charges at

the time of shipment or prior to delivery. If the description of articles or other information on this bill of lading is found to be

incorrect or incomplete, the freight charges must be paid based upon the articles actually shipped.

Sec. 8 (a) If all or any part of said property is carried by water over any part of said route, such water carriage shall be

performed subject to the terms and provisions and limitations of liability specified by the “Carriage of Goods By Sea Act” and any

other pertinent laws applicable to water carriers except as otherwise provided in Carrier’s tariff or in this bill of lading and except

that section 1 303(3)(c) of said Act shall not apply.

TOTE 2000

Bill Of Lading Form Page 3

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