|Standard Truckload Bill of Lading Contract Terms and Conditions
1. (a) The Carrier or party in possession of any of the property herein described shall be liable as at common law for any loss thereof
or damage thereto, except as hereinafter provided.
(b) No carrier or party in possession of all or any of the property herein described shall be liable or any loss thereof or damage thereto
or delay caused by the act of God, the public enemy, the authority of law, or the act or default of the shipper or owner, or for natural
shrinkage. Except in case of negligence of the carrier or party in possession (and the burden to prove freedom from such negligence
shall be on the carrier or party in possession), the carrier shall not be liable for loss, damage, or delay occurring while the property is
stopped and held in transit upon the request of the shipper, or resulting from a defect or vice in the property.
2. (a) No carrier is bound to transport said property 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 said property by any carrier or route between the point of shipment
and the point of destination.
(b) In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been
agreed upon in writing as the released value of the property as determined by the classification or tariffs upon 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.
3. (a) As a condition precedent to recovery, claims must be filed in writing with a participating carrier within nine months after delivery
of the property or in the case of failure to make delivery within 9 months after a reasonable time for delivery has elapsed.
(b) Suits shall be instituted against any carrier only within two years and one day from the day when notice in writing is given by the
carrier to the claimant that the 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 hereon in accordance with the foregoing provisions, no carrier hereunder shall be liable, and such
claims will not be paid.
(c) Any carrier or party liable on account of loss or of damage to any of said property shall have the full benefit or any insurance that
may have been effected upon or on account of said property, so far as this shall not avoid the policies or contracts of insurance:
Provided, that the carrier reimburse the claimant for the premium paid thereon.
4. (a) Property not accepted by the consignee, after notice of the arrival of the property at destination has been duly sent or given, may
be kept subject to the tariff charge for storage and to carrier's responsibility as warehouseman, only, or at the option of the carrier, may
be stored in a public or licensed warehouse at the cost of the owner, and there held without liability on the part of the carrier, and
subject to a lien for all freight and other lawful charges, including a reasonable charge for storage.
(b) Where nonperishable property is refused at destination by the consignee or where the consignee fails to receive it within 15 days
after notice of arrival shall have been duly sent or given, the carrier may sell same at public auction to the highest bidder, at such place
as may be designated by the carrier.
(c) Where perishable property which has been transported to destination and the consignee or party entitled to receive it has failed to
receive it promptly, the carrier may, in its discretion, to prevent deterioration, sell the same to the best advantage at private or public
(d) Where the procedure provided for in the two paragraphs last preceding is not possible, it is agreed that nothing contained in said
paragraphs shall be construed to abridge the right of the carrier at its option to sell the property under such circumstances and in such
manner as may be authorized by law.
(e) The proceeds of any sale made under this section shall be applied by the carrier to the payment of freight, demur rage, storage, and
any other lawful charges and the 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 hereunder.
5. No carrier hereunder will carry or be liable in any way for any documents, specie, or for any articles of extraordinary value not
specifically rated int eh published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are
6. Every party, whether principal or agent, shipping explosives or dangerous goods, without previous full written disclosure to the
carrier of their nature, shall be liable for and indemnify the 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.
7. (a) The consignor or consignee shall pay the freight and all other lawful charges accruing on said property. The consignor shall be
liable for the freight and all other lawful charges unless the consignor stipulates, by signature, in the place provided for that purpose on
the face of the bill of lading the carrier shall not make delivery without requiring payment of such charges and the carrier, contrary to
such stipulation , shall make delivery without requiring such payment.
(b) Consignee becomes liable for freight charges upon receipt unless the consignee is an agent only and has no beneficial title in said
property; and prior to delivery has notified the delivering carrier of these facts.
(c) Nothing herein shall limit the right of the carrier to require at the time of shipment the prepayment of guarantee of the charges. If
upon inspection it is ascertained that the articles shipped are not those described in this bill of lading, the freight charges must be paid
upon the articles actually shipped.
8. If this bill of lading is issued on the order of the shipper, or his 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.
9. (a) All surface transportation provided under this bill shall be subject to federal statute and common law otherwise applicable to
regulate interstate shipments. U.S. Statutes and regulations shall apply unless otherwise waived by signed written agreement.
|Blue Ribbon, Inc.
15605 McCutchan Rd
Evansville, In. 47725