Fillable Web Straight Bill Of Lading Form (Page 3 of 3) in pdf

Uniform Bill of Lading Terms and Conditions

Sec. 1.

(a) The carrier or the party in possession of any of the property

forth in subsections 4(a) and (b) above and the procedure provided in this

described in this bill of lading shall be liable as at common law for any

section is not possible, nothing in this section shall be construed to

loss thereof or damage thereto, except as hereinafter provided.

abridge the right of the carrier at its option to sell the property under such

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

circumstances and in such manner as may be authorized by law. When

shipment or for any delay caused by an Act of God, the public enemy, the

perishable goods cannot be delivered and disposition is not given within a

authority of law, or the act or default of shipper. Except in the case of

reasonable time, the carrier may dispose of property to the best

negligence of the carrier or party in possession, the carrier or party in

advantage.

possession shall not be liable for loss, damage or delay which results:

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

when the property is stopped and held in transit upon request of the

unload or deliver property at a particular location where consignor,

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

consignee, or the agent of either, is not regularly located, the risk after

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

unloading or delivery shall not be that of the carrier.

from a 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

Sec. 5.

possession.

(a) In all cases not prohibited by law, where a lower value than

the actual value of the said property has been stated in writing by the

Sec. 2.

shipper or has been agreed upon in writing as the released value of the

Unless arranged or agreed upon, in writing, prior to shipment,

property as determined by the classification or tariffs upon which the rate

carrier is not bound to transport a shipment by a particular schedule or in

is based, such lower value plus freight charges if paid shall be the

time for a particular market, but is responsible to transport with

maximum recoverable amount for loss or damage, whether or not such

reasonable dispatch. In case of physical necessity, carrier may forward a

loss or damage occurs from negligence.

shipment via another carrier.

(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

Sec. 3.

specifically rated in the published classification or tariffs unless a special

(a) As a condition precedent to recovery, claims must be filed

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

in writing with: any participating carrier having sufficient information to

this bill of lading.

identify the shipment.

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

Sec. 6.

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

Every party, whether principal or agent, who ships explosives

nine months after delivery at the port of export), except that claims for

or dangerous goods, without previous full written disclosure to the carrier

failure to make delivery must be filed within nine months after a

of their nature, shall be liable for and indemnify the carrier against all loss

reasonable time for delivery has elapsed.

or damage caused by such goods. Such goods may be warehoused at

owner’s risk and expense or destroyed without compensation.

against any carrier no later than two years and one day from the day

when written notice is given by the carrier to the claimant that the carrier

Sec. 7.

has disallowed the claim or any part or parts of the claim specified in the

(a) The consignor or consignee shall be liable for the freight

notice. Where claims are not filed or suits are not instituted thereon in

and other lawful charges accruing on the shipment, as billed or corrected,

accordance with the foregoing provisions, no carrier shall be liable, and

except that collect shipments may move without recourse to the

such claims will not be paid.

consignor when the consignor so stipulates by signature or endorsement

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

in the space provided on the face of the bill of lading. Nevertheless, the

said property shall have the full benefit of any insurance that may have

consignor shall remain liable for transportation charges where there has

been effected, upon or on account of said property, so far as this shall not

been an erroneous determination of the freight charges assessed, based

avoid the policies or contracts of insurance, PROVIDED, that the carrier

upon incomplete or incorrect information provided by the consignor.

receiving the benefit of such insurance will reimburse the claimant for the

(b) Notwithstanding the provisions of subsection (a) above, the

premium paid on the insurance policy or contract.

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

Sec. 4.

that the consignee need not provide the specified written notice to the

(a) If the consignee refuses the shipment tendered for delivery

delivering carrier if the consignee is a for-hire carrier.

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

or mistake of the consignor or consignee, the carrier’s liability shall then

to require the prepayment or guarantee of the charges at the time of

become that of a warehouseman. Carrier shall promptly attempt to

shipment or prior to delivery. If the description of articles or other

provide notice, by telephonic or electronic communication as provided on

information on this bill of lading is found to be incorrect or incomplete, the

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

freight charges must be paid based upon the articles actually shipped.

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

based on carrier’s tariff, shall start no sooner than the next business day

Sec. 8.

following the attempted notification. Storage may be, at the carrier’s

If this bill of lading is issued on the order of the shipper, or his

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

agent, in exchange or in substitution for another bill of lading, the

damage. The carrier may place the shipment in public storage at the

shipper’s signature on the prior bill of lading or in connection with the

owner’s expense and without liability to the carrier.

prior bill of lading as to the statement of value or otherwise, or as to the

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

election of common law or bill of lading liability shall be considered a part

48 hours of the time of carrier’s attempted first notification, carrier will

of this bill of lading as fully as if the same were written on or made in

connection with this bill of lading.

attempt to issue a second and final confirmed notification. Such notice

shall advise that if carrier does not receive disposition instructions within

10 days of that notification, carrier may offer the shipment for sale at a

Sec. 9.

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

If all or any part of said property is carried by water over any part of said

The amount of sale will be applied to the carrier’s invoice for

route, such water carriage shall be performed subject to the terms and

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

provisions and limitations of liability specified by the “Carriage of Goods

responsible for the balance of charges not covered by the sale of the

By Sea Act” and any other pertinent laws applicable to water carriers.

goods. If there is a balance remaining after all charges and expenses are

paid, such balance will be paid to the owner of the property sold

hereunder, upon claim and proof of ownership.

Page 2 of 2

OP-097 03/12

Web Straight Bill Of Lading Form Page 3

Related Articles

Related forms

Related Categories