Form Op-097g - Straight Bill Of Lading - Original - Not Negotiable - 2011 Page 2


Uniform Bill of Lading Terms and Conditions
Sec. 1.
(c) Where carrier has attempted to follow the procedure set
(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
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.
(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 in
agreement to do so and a stipulated value of the articles are endorsed on
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
(c) Suits for loss, damage, injury or delay shall be instituted
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
(c) Nothing in this bill of lading shall limit the right of the carrier
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
attempt to issue a second and final confirmed notification. Such notice
connection with this bill of lading.
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
The amount of sale will be applied to the carrier’s invoice for
part of said route, such water carriage shall be performed subject to the
transportation, storage and other lawful charges. The owner will be
terms and provisions and limitations of liability specified by the “Carriage
responsible for the balance of charges not covered by the sale of the
of Goods By Sea Act” and any other pertinent laws applicable to water
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.
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OP-097G 03/12


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