UNIFORM
CONTRACT TERMS AND CONDITIONS FOR CARRIER
Carrier’s
Liability
1.(a)
Carrier or party in possession of any of the property described in this bill of
lading shall be liable as at common law for any loss of or damage to such
property, except as provided below.
Exceptions
(b)
No carrier or party in possession of all or any of the property described in
this bill of lading shall be liable for any loss of or damage to such property
or delay caused by the act of God, the public enemy, the authority of law, or
the act or default of shipper or owner, or for natural shrinkage. Carrier’s
liability shall be that of warehouseman, only, for loss, damage, or delay
caused by fire occurring after the expiration of the free time allowed by
tariffs lawfully on file (such free time to be computed as provided in this
bill of lading) after notice of the arrival of the property at destination or
at the port of export (if intended for export) has been duly sent or given, and
after placement of the property for delivery at destination, or tender of
delivery of the property to the party entitled to receive it, has been made.
Except in case of negligence of carrier or party in possession (and the burden
to prove freedom from such negligence shall be on the carrier or party in
possession), carrier or party in possession shall not be liable for loss,
damage, or delay occurring while the property is stopped and held in transit on
the request of shipper, owner, or party entitled to make such request, or
resulting from a defect or vice in the property, or for country damage to
cotton, or from riots or strikes.
Exceptions
- Quarantine
(c)
In case of quarantine the property may be discharged at risk and expense of
owner into quarantine depot or elsewhere, as required by quarantine regulations
or authorities, or for carrier’s dispatch at nearest available point in
carriers judgment, and in any such case carrier’s responsibility shall cease
when property is so discharged, or property may be returned by carrier at
owners expense to shipping point, earning freight both ways. Quarantine
expenses on or in respect to property shall be borne by the owners of the
property or be a lien on such property. Carrier shall not be liable for loss or
damage occasioned by fumigation or disinfection or other acts required or done
by quarantine regulations or authorities even though the same may have been
done by carrier’s officers, agents, or employees, nor for detention, loss, or
damage occasioned by quarantine or the enforcement of quarantine. No carrier
shall be liable, except in case of negligence, for any mistake or inaccuracy in
any information furnished by carrier, its agents, or officers, as to quarantine
laws or regulations. Shipper shall hold the carrier harmless from any expense
it may incur, or damages it may be required to pay, by reason of the
introduction of the property covered by this contract into any place against
the quarantine laws or regulations in effect at such place.
Reasonable
Dispatch and Limitation of Liability
2.(a)
No carrier is bound to transport such property by any particular train or vessel,
or in time for any particular market or otherwise than with reasonable
dispatch. Every carrier shall have the right in case of physical necessity to
forward the property by any carrier or route between the point of shipment and
the point of destination. In all cases not prohibited by law, where a lower
value than actual value has been represented in writing by shipper or has been
agreed on in writing as the release value of the property as determined by the
classification or tariffs on which the rate is based, such lower value plus
freight charges if paid shall be the maximum amount to be recovered, whether or
not such loss or damage occurs from negligence.
Filing
of claims
(b)
As a condition precedent to recovery, claims must be filed in writing with
receiving or delivering carrier, or carrier issuing this bill of lading, or
carrier on whose line the loss, damage, injury or delay occurred, within
__________ (nine) months after delivery of the property (or, in case of export
traffic, within __________ (nine) months after delivery at port of export) or,
in case of failure to make delivery, then within __________ (nine) months after
a reasonable time for delivery has elapsed; and suit shall be instituted
against any carrier only within __________ (two years and one day) from the day
when notice in writing is given by carrier to the claimant that carrier has
disallowed the claim or any part or parts thereof specified in the notice.
Where claims are not filed or suits are not instituted in accordance with the
foregoing provisions, no carrier under this bill of lading shall be liable, and
such claims will not be paid.
Insurance
(c)
Any carrier or party liable on account of loss of or damage to any of the
property shall have the full benefit of any insurance that may have been
effected on or on account of the property, so far as this shall not avoid the
policies or contracts of insurance: Provided, that carrier reimburse the
claimant for the premium paid thereon.
Repairs
in Transit
3.
Except where such service is required as the result of carriers negligence, all
property shall be subject to necessary cooperage and baling at owner’s cost.
Each carrier over whose route cotton or cotton linters is to be transported
under this bill of lading shall have the privilege, at its own cost and risk,
of compressing the same for greater convenience in handling or forwarding, and
shall not be held responsible for deviation or unavoidable delays in procuring
such compression. Grain in bulk consigned to a point where there is a railroad,
public or licensed elevator, may (unless otherwise expressly noted in this bill
of lading, and then if it is not promptly unloaded) be there delivered and
placed with other grain of the same kind and grade without respect to ownership
(and prompt notice thereof shall be given to consignor), and if so delivered
shall be subject to lien for elevator charges in addition to all other charges
under this bill of lading
Storage
Charges
4.(a)
Property not removed by the party entitled to receive it within the free time
allowed by tariffs, lawfully on file (such free time to be computed as provided
in such tariffs), after notice of the arrival of the property at destination or
at the port of export (if intended for export) has been duly sent or given, and
after placement of the property for delivery at destination has been made, may
be kept in vessel, car, depot, warehouse or place of delivery of carrier,
subject to the tariff charged for storage and carriers responsibility as
warehouseman, only, or at the option of carrier, may be removed to and stored
in a public or licensed warehouse at the place of delivery or other available
place, at the cost of owner, and there held without liability on the part of
carrier, and subject to a lien for all freight and other lawful charges,
including a reasonable charge for storage.
Goods
Unclaimed
(b)
Where nonperishable property that has been transported to destination under
this bill of lading is refused by consignee or the party entitled to receive
it, or such consignee or party entitled to receive it fails to receive it
within __________ (15) days after notice of arrival shall have been duly sent
or given, carrier may sell the same at public auction to the highest bidder, at
such place as may be designated by carrier: Provided, that the carrier shall
have first mailed, sent, or given to consignor notice that the property has
been refused or remains unclaimed, as the case may be, and that it will be
subject to sale under the terms of the bill of lading if disposition is not
arranged for, and shall have published notice containing a description of the
property, the name of the party to whom consigned, or, if shipped order
notified, the name of the party to be notified, and the time and place of sale,
__________ (once) a week for __________ (two) successive weeks, in a newspaper
of general circulation at the place of sale or nearest place where such
newspaper is published: Provided, that __________ (30) days shall have elapsed
before publication of notice of sale after such notice that the property was
refused or remains unclaimed was mailed, sent, or given.
Perishables
Unclaimed
(c)
Where perishable property that has been transported under this bill of lading
to destination is refused by consignee or party entitled to receive it, or such
consignee or party entitled to receive it shall fail to receive it promptly,
carrier may, in its discretion, to prevent deterioration or further
deterioration, sell the same to the best advantage at private or public sale:
Provided, that if time serves for notification to consignor or owner of the
refusal of the property or the failure to receive it and request for
disposition of the property, such notification shall be given, in such manner
as the exercise of due diligence requires, before the property is sold.
Exception
(d)
Where the procedure provided for in subparagraphs (b) and (c) preceding is not
possible, it is agreed that nothing contained in such paragraphs shall be
construed to abridge the right of carrier at its option to sell the property
under such circumstances and in such manner as may be authorized by law.
Proceeds
of Sale
(e)
The proceeds of any sale made under paragraph 4 shall be applied by carrier to
the payment of freight, demurrage, storage, and any other lawful charges and
expense of notice, advertisement, sale, and other necessary expense and of
caring for and maintaining the property, if proper care of the same requires
special expense, and should there be a balance it shall be paid to the owner of
the property sold.
No
Regularly Appointed Freight Agent
(f)
Property destined to or taken from a station, wharf, or landing, at which,
there is no regularly appointed freight agent, shall be entirely at risk of
owner after unloaded from cars or vessels or until loaded into cars or vessels,
and, except in case of carriers negligence, when received from or delivered to
such stations, wharves, or landings shall be at owner’s risk until the cars are
attached to and after they are detached from locomotive or train or until
loaded into and after unloaded from vessels.
Extraordinary
Value
5.
No carrier under this bill of lading will carry or be liable for any documents,
specie, or for any articles of extraordinary value not specifically rated in
the published classifications or tariffs unless a special agreement to do so
and a stipulated value of the articles are indorsed on this bill of lading.
Hazardous
Goods
6.
Every party, whether principal or agent, shipping explosives or dangerous
goods, without previous full written disclosure to carrier of their nature,
shall be liable for and indemnify carrier against all loss or damage caused by
such goods, and such goods may be warehoused at owner’s risk and expense or
destroyed without compensation.
Freight
charges
7.
Owner or consignee shall pay the freight and average, if any, and all other
lawful charges accruing on such property; except in those instances where it
may lawfully be authorized to do so, no carrier by railroad shall deliver or
relinquish possession at destination of the property covered by this bill of
lading until all tariff rates and charges on such property have been paid.
Consignor shall be liable for the freight and all other lawful charges, except
that if consignor stipulates, by signature, in the space provided for that
purpose on the face of this bill of lading that carrier shall not make delivery
without requiring payment of such charges and carrier, contrary to such
stipulation, shall make delivery without requiring such payment, consignor
(except as provided below) shall not be liable for such charges: Provided, that
where carrier has been instructed by shipper or consignor to deliver such
property to a consignee other than shipper or consignor, such consignee shall
not be legally liable for transportation charges in respect of the
transportation of the property (beyond those billed against consignee at the
time of delivery for which consignee is otherwise liable) that may be found to
be due after the property has been delivered to consignee, if the consignee (a)
is an agent only and has no beneficial title in the property, and (b) prior to
delivery of the property has notified delivering carrier in writing of the fact
of such agency and absence of beneficial title, and, in the case of a shipment
reconsigned or diverted to a point other than that specified in the original
bill of lading, has also notified delivering carrier in writing of the name and
address of the beneficial owner of the property; and, in such cases shipper or
consignor, or, in the case of a shipment so reconsigned or diverted, the
beneficial owner, shall be liable for such additional charges. If the consignee
has given to carrier erroneous information as to who the beneficial owner is,
such consignee shall himself or herself be liable for such additional charges.
On shipments reconsigned or diverted by an agent who has furnished carrier in
the reconsignment or diversion order with a notice of agency and the proper
name and address of the beneficial owner, and where such shipments are refused
or abandoned at ultimate destination, the beneficial owner shall be liable for
all legally applicable charges in connection therewith. If the reconsignor or
diverter has given to carrier erroneous information as to who the beneficial
owner is, such reconsignor or diverter shall himself or herself be liable for
all such charges.
If
a shipper or consignor of a shipment of property (other than a prepaid
shipment) is also the consignee named in the bill of lading and, prior to the
time of delivery, notifies, in writing, a delivering carrier by railroad (a) to
deliver such property at destination to another party, (b) that such party is
the beneficial owner of such property, and (c) that delivery is to be made to
such party only on payment of all transportation charges in respect of the
transportation of such property, and delivery is made by carrier, to such party
without such payment, shipper or consignor shall not be liable (as shipper,
consignor, consignee, or otherwise) for such transportation charges but the
party to whom delivery is so made shall in any event be liable for
transportation charges billed against the property at the time of such
delivery, and also for any additional charges that may be found to be due after
delivery of the property, except that if such party prior to such delivery has
notified in writing delivering carrier that he or she is not the beneficial
owner of the property, and has given in writing to delivering carrier the name
and address of such beneficial owner, such party shall not be liable for any
additional charges that may be found to be due after delivery of the property,
but if the party to whom delivery is made has given to carrier erroneous
information as to the beneficial owner, such party shall, nevertheless, be
liable for such additional charges. If shipper or consignor has given to
delivering carrier erroneous information as to who the beneficial owner is,
shipper or consignor shall himself or herself be liable for such transportation
charges, notwithstanding the foregoing provisions of this paragraph and
irrespective of any provisions to the contrary in the bill of lading or in the
contract of transportation under which the shipment was made. The term
delivering carrier means the line-haul carrier making ultimate delivery.
Nothing
in this bill of lading shall limit the right of the carrier to require at time
of shipment the prepayment or guarantee of the charges. If on inspection it is
ascertained that the articles shipped are not those described in this bill of
lading, the freight charges must be paid on the articles actually shipped.
Where
delivery is made by a common carrier by water the foregoing provisions of this
section shall apply, except as may be inconsistent with Part III of the
Interstate Commerce Act.
Exchange
Bill of Lading
8.
If this bill of lading is issued under order of the shipper, or his or her
agent, in exchange or in substitution for another bill of lading, the shipper’s
signature to the prior bill of lading as to the statement of value or
otherwise, or election of common law or bill of lading liability, in or in
connection with such prior bill of lading, shall be considered a part of this
bill of lading as fully as if the same were written or made in or in connection
with this bill of lading.
Movements
by Water
9.(a)
If all or any part of the property is carried by water over any part of such
route, and loss, damage or injury to the property occurs while the same is in
the custody of a carrier by water the liability of such carrier shall be
determined by the bill of lading of the carrier by water (this bill of lading
being such bill of lading if the property is transported by such water carrier
thereunder) and by and under the laws and regulations applicable to
transportation by water. Such water carriage shall be performed subject to all
the terms and provisions of, and all the exemptions from liability contained in
the Act of the Congress of the United States, approved on February 13, 1893,
and entitled An act relating to the navigation of vessels, etc., and of other
statutes of the United States according carriers by water the protection of
limited liability, as well as the following divisions of paragraph 9; and to
the conditions contained in this bill of lading not inconsistent with paragraph
9, when this bill of lading becomes the bill of lading of the carrier by water.
Water
Carriers Liability
(b)
No such carrier by water shall be liable for any loss or damage resulting from
any fire happening to or on board the vessel, or from explosion, bursting of
boilers or breakage of shafts, unless caused by the design or neglect of
carrier.
Perils
of the Sea
(c)
If the owner shall have exercised due diligence in making the vessel in all
respects seaworthy and properly manned, equipped, and supplied, no such carrier
shall be liable for any loss or damage resulting from the perils of the lakes,
seas, or other waters, or from the latent defects in hull, machinery, or
appurtenances whether existing prior to, at the time of, or after sailing, or
from collision, stranding, or other accidents of navigation, or from
prolongation of the voyage. When for any reason it is necessary, any vessel
carrying any or all the property described in this bill of lading shall be at
liberty to call at any port or ports, in or out of the customary route, to tow
and be towed, to transfer, transship, or lighter, to load and discharge goods
at any time, to assist vessels in distress, to deviate for the purpose of
saving life or property, and for docking and repairs. Except in case of
negligence carrier shall not be responsible for any loss or damage to property
if it be necessary or is usual to carry the same on deck.
General
Average
(d)
General Average shall be payable according to the York-Antwerp Rules of 1924,
Sections 1 to 15, inclusive, and Sections 17 to 22, inclusive, and as to
matters not covered thereby according to the laws and usages of the Port of New
York. If the owner shall have exercised due diligence to make the vessel in all
respects seaworthy and properly manned, equipped and supplied, it is hereby
agreed that in case of danger, damage or disaster resulting from faults or
errors in navigation, or in the management of the vessel, or from any latent or
other defects in the vessel, her machinery or appurtenances, or from
unseaworthiness, whether existing at the time of shipment or at the beginning
of the voyage (provided the latent or other defects or the unseaworthiness was
not discoverable by the exercise of due diligence), the shippers, consignees
and/or owners of the cargo shall, nevertheless, pay salvage and any special
charges incurred in respect to the cargo, and shall contribute with the ship’s
owner in general average to the payment of any sacrifices, losses or expenses
of a general average nature that may be made or incurred for the common benefit
or to relieve the adventure from any common peril.
Sea
Tariffs
(e)
If the property is being carried under a tariff that provides that any carrier
or carriers party thereto shall be liable for loss from perils of the sea, then
as to such carrier or carriers, the provisions of paragraph 9 shall be modified
in accordance with the tariff provisions, which shall be regarded as
incorporated into the conditions of this bill of lading.
Railroad
Lighterage
(f)
The term water carriage in paragraph 9 shall not be construed as including
lighterage in or across rivers, harbors, or lakes, when performed by or on
behalf of rail carriers.
Alterations
10.
Any alteration, addition, or erasure in this bill of lading that shall be made
without the special notation hereon of the agent of carrier issuing this bill
of lading, shall be without effect, and this bill of lading shall be
enforceable according to its original tenor.
