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TERMS AND CONDITIONS
<br /> By giving the carrier the property described in this bill of lading (the (d) The carrier shall apply the proceeds of any sale made under this
<br /> `Property"),you agree to all of the terms of this bill of lading. section to the payment of freight, demurrage, storage, and any
<br /> Section 1 Limitations of Liability other lawful charges and the expense of notice, advertisement,
<br /> (a) The carrier shown on the bill of lading as transporting the sale, and other necessary expense and of caring for and
<br /> Property shall be liable as at common law for any loss of or maintaining the Property, if proper care of the same requires
<br /> damage to such Property, except as hereinafter provided. special expense. If following payment of the preceding there is a
<br /> (b) The carrier shall not be liable for loss of, damage to or delay in balance,such balance shall be paid to the owner of the Property
<br /> sold hereunder.
<br /> delivery of the Property: (e) If you direct the carrier to deliver the Property to a location where
<br /> (i) caused by an act of God, the public enemy, the authority of there is no usually appointed freight agent, the carrier shall not
<br /> law, or any act or default by you and/or the owner of the be liable for any loss or damage to Property occurring at such
<br /> Property,or for natural shrinkage. location after the Property has been unloaded at such location,
<br /> (ii) occurring while the Property is stopped and held in transit at but the consignor or consignee shall assume such liability.
<br /> your request or that of any other party entitled to make such Section 5 Valuable Items
<br /> request.
<br /> (iii) resulting from a defect or vice in the Property, from riots or (a) The carrier's liability connection with the Property is limited t
<br /> the lesser of (i) the amount of your actual damages, or (ii) the
<br /> strikes or from any related causes. lesser of the declared value (A) stipulated by the shipper on the
<br /> Section 2 Filing of Claims face of this bill of lading,or(B)as established in the carrier's tariff
<br /> (a) Claims against the carrier for loss of or damage to the Property upon which the rate to be charged is based.
<br /> must be filed electronically or in writing with the receiving or (b) The carrier shall not be liable in any way for any documents,
<br /> delivering carrier or the carrier issuing this bill of lading within specie, or for any articles of extraordinary value not specifically
<br /> nine months after delivery of the Property (or, in case of export rated in the published classifications or tariffs unless a special
<br /> traffic,within nine months after delivery at port of export or pickup agreement to do so and a stipulated value of the articles are
<br /> at the place of tender)or, in case of failure to make delivery,then endorsed on this bill of lading.
<br /> within nine months from the date of this bill of lading. All causes Section 6 Joint Liability for Hazardous Goods
<br /> of action must be instituted within two years following the date You, and if you are an agent, any owner of the Property, shall be joint and
<br /> when electronic or written notice is given by the carrier to you severally liable for and indemnify the carrier against all loss or damage
<br /> that the carrier has disallowed the claim or any part or parts caused by the shipment of explosives, dangerous or hazardous goods,
<br /> thereof specified in the notice. If your claim or action is not filed without giving prior written notice to the carrier of their nature. At the
<br /> or instituted properly in accordance with the foregoing provisions. discretion of the carrier,any such goods may be warehoused at your and the
<br /> the carrier shall not be liable,and such claims may not be paid. owner's risk and expense or destroyed without compensation.
<br /> (b) The carrier shall have the full benefit of any insurance that may Section 7 Freight Charges and Payment
<br /> have been effected upon or on account of the Property in the
<br /> event that the carrier is liable for loss of or damage to the (a) You are primarily responsible for the freight and all other lawful
<br /> Property. charges, unless you stipulate in writing in the space provided for
<br /> Section 3 Method of Transportation that purpose on the face of this bill of lading that the carrier shall
<br /> not make delivery without requiring payment of such charges and
<br /> Except as expressly agreed in writing by the parties to this bill of lading, the the carrier makes delivery without requiring such payment.If you
<br /> carrier is not bound to transport the Property by any particular motor vehicle, provide erroneous information that results in the shipment being
<br /> or in time for any particular market or otherwise other than in the regular reconsigned or diverted to a location other than the location
<br /> course of providing transportation services. The carrier shall have the right identified in the original bill of lading,you shall be liable for such
<br /> in case of physical necessity to forward said Property by any carrier or route additional charges. The respective liability of you and the
<br /> between the point of shipment and the point of destination. consignee for additional charges provided for herein shall be
<br /> Section 4 Responsibility for Property pursuant to 49 U.S.C.§ 13706.
<br /> (a) If the Property is not removed by the party entitled to receive it (b) Nothing in this bill of lading shall limit the right of the carrier to
<br /> within the free time allowed by tariffs or classifications upon require the prepayment or guarantee of charges at time of
<br /> which the rate is based, (such free time to be computed as shipment. if upon inspection the carrier determines that the
<br /> therein provided),the carrier may notify the receiving party of the articles shipped are not those or in a weight or density of
<br /> arrival of the Property at the destination or at the port of export shipment as described in this bill of lading, the freight charges
<br /> (if intended for export).The carrier,in its discretion,may store the must be paid upon the articles actually shipped.
<br /> Property in a public or licensed warehouse at the place of Section 8 Effect of Shipper Signature
<br /> delivery or other available place, at the cost of the owner.The If this bill of lading is issued on the order of the shipper, or his agent, in
<br /> stored Property will be subject to a lien for all freight and other exchange or in substitution for another bill of lading, the shipper's signature
<br /> lawful charges, including a reasonable charge for storage.The to the prior bill of lading as to the statement of value or otherwise,or election
<br /> carrier's responsibility shall be that of a warehouseman only. of common law or bill of lading liability,in or in connection with such prior bill
<br /> (b) Except as provided in subparagraph 4(c)below,if the Property is of lading,shall be considered a part of this bill of lading as fully as if the same
<br /> refused by consignee or the party entitled to receive it, or said were written or made in or in connection with this bill of lading.
<br /> consignee or party entitled to receive it fails to receive it within 15 Section 9 Transport by Water
<br /> days after notice of arrival shall have been duly sent or given,the
<br /> carrier may sell the Property in such manner as may be If all or any part of the Property is carried by water over any part of said route,
<br /> authorized by law. Prior to any such sale, the carrier shall use and any loss of or damage to the Property occurs while it is in the custody of
<br /> commercially reasonable efforts to notify you that the Property the carrier providing the water carriage, the liability of such carrier shall be
<br /> has been refused or remains unclaimed,as the case may be,and determined by that carrier's bill of lading and by the laws and regulations
<br /> that it will be subject to sale under the terms of the bill of lading applicable to transportation by water.Such water carriage shall be performed
<br /> if you do not arrange for an alternative disposition. subject to all of the terms and provisions of, and all the exemptions from
<br /> (c) if the Property is perishable and is refused by the consignee or liability contained in the Harter Act or the Carriage of Goods By Sea Act, as
<br /> party entitled to receive it at the destination location, or said applicable.
<br /> consignee or party entitled to receive it shall fail to receive it
<br /> promptly, the carrier, may, in its discretion, to prevent
<br /> deterioration or further deterioration, sell or dispose
<br /> of the Property in a manner determined by carrier in its
<br /> sole discretion. Prior to selling the Property,, the carrier
<br /> shall use commercially reasonable efforts to. notify you
<br /> of the refusal of the Property or the failure to receive it, and
<br /> request instructions regarding disposition of the Property.
<br /> Copyright 2017 J.J.Keller&Associates,Inc.•Neenah,WI•JJKeller.corn•(800)327-6868+Printed in the USA (Rev„3/17)
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