PROFESSIONAL MOVERS COMMERCIAL RELOCATION TARIFF
GOVERNING RULES AND
REGULATIONS
STB HGB 400-L
SECTION 1
ITEM 43
BILLS OF LADING (CONTRACT TERMS AND CONDITIONS OF
UNIFORM HOUSEHOLD GOODS BILL OF LADING)
Except when transportation
is performed under the provisions of Item 1 (b) of
tariff, the following Contract Terms and Conditions
apply to all transportation performed by carrier in
addition to all other rules, regulations, rates, and
charges in this and other applicable tariffs.
This contract is subject to all the rules, regulations,
rates and charges in carrier's currently effective
applicable tariffs including, but not limited to, the
following terms and conditions:
SECTION 1:
The carrier or party in possession shall be
liable for physical loss of or damage to any articles
from external cause while being carried or held in
storage-in-transit EXCEPT loss, damage or delay caused
by or resulting:
(a) From an act, omission or order of shipper;
(b) From defect or inherent vice of the article,
including susceptibility to damage because of
atmospheric conditions such as temperature and humidity
or changes therein;
(c) From (I) hostile or warlike action in time of peace
or war, including action in hindering, combating or
defending against an actual, impending or expected
attack (A) by any government or sovereign power, or by
any authority maintaining or using military, naval or
air forces; or (B) by military, naval or air forces; or
(C) by an agent of any such government, power, authority
or forces; (2) any weapon of war employing atomic
fission or radioactive force whether in time of peace or
war; (3) insurrection, rebellion, revolution, civil war,
usurped power, or action taken by governmental authority
in hindering, combating, or defending against such an
occurrence; (4) seizure or destruction under quarantine
or customs regulations; (5) confiscation by order of any
government or public authority; or (6) risks of
contraband or illegal transportation or trade.
(d) (1) For shipments other than household goods as
defined in 49 USC 10102 (II) (B) and (C) from strikes,
lockouts, labor disturbances, riots, civil commotions,
or the acts of any person or persons taking part in any
such occurrence or disorder.
(2) For shipments of household goods as defined in 49
USC 13102 (10), from delay caused by strikes, lockouts,
labor disturbances, riots, civil commotions, or the acts
of any person or persons taking part in any such
occurrence or disorder, and from loss or damage when
carrier, after notice to shipper or consignee of a
potential risk of loss or damage to the shipment from
such causes, is instructed by the shipper to proceed
with such transportation and/or delivery,
notwithstanding such risk.
(e) From Acts of God.
SUBJECT, in addition to the foregoing, to the further
following limitations on the carrier's or the party's in
possession liability:
The carrier's or the party's in possession
maximum liability shall be either:
(1) The amount of the actual loss or damage not
exceeding $1.25 times the actual weight (in pounds) of
the shipment, or the lump sum declared value, whichever
is greater; or
(2) The actual loss or damage not exceeding sixty (60)
cents per pound of the weight of any lost or damaged
article when the shipper has released the shipment to
carrier, in writing, with liability limited to sixty
(60) cents per pound per article.
SECTION 2:
The carrier shall not be liable for delay caused
by highway obstruction, or faulty or impassable
highways, or lack of capacity of any highway, bridge or
ferry, or caused by breakdown or mechanical defect of
vehicles or equipment, or from any cause other than
negligence of the carrier; nor shall the carrier be
bound to transport by any particular schedule, means,
vehicle 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.
SECTION 3:
(a) The shipper, upon tender of the shipment to carrier,
and the consignee, upon acceptance of delivery of
shipment from carrier, shall be liable, jointly and
severally, for all unpaid charges payable on account of
a shipment in accordance with applicable tariffs
including, but not limited to, sums advanced or
disbursed by a carrier on account of such shipment. The
extension of credit to either shipper or consignee for
such unpaid charges shall not thereby discharge the
obligation of the other party to pay such charges in the
event the party to whom credit has been extended shall
fail to pay such charges.
(b) The shipper shall indemnify carrier against loss or
damage caused by inclusion in the shipment of explosives
or dangerous articles or goods.
SECTION 4:
If for any reason other than the fault of carrier,
delivery cannot be made at address shown on the face
hereof, or at any changed address of which carrier has
been notified, carrier, at its option, may cause
articles contained in shipment to be stored in a
warehouse selected by it at the point of delivery or at
other available points, at the cost of the owner, and
subject to a lien for all accrued tariff and other
lawful charges.
SECTION 5:
If shipment is refused by consignee at
destination, or if shipper, consignee or owner of
property fails to receive or claim it within fifteen
(15) days after written notice by United States mail
addressed to shipper and consignee at post office
addresses shown on face hereof, or if shipper fails or
refuses to pay lawfully applicable charges in accordance
with carrier's applicable tariff, carrier may sell the
property at its option, either (a) upon notice in the
manner authorized by law, or (b) at public auction to
highest bidder for cash at a public sale to be held at a
time and place named by carrier, thirty (30) days notice
of which sale shall have been given in writing to
shipper and consignee, and there shall have been
published at least once a week for two consecutive weeks
in a newspaper of general circulation at or near the
place of sale, a notice thereof containing a description
of the property as described in the bill of lading, and
the names of the consignor and consignee. The proceeds
of any sale shall be applied toward payment of lawful
charges applicable to shipment and toward expenses of
notice, advertising and sale, and of storing, caring for
and maintaining property prior to sale, and the balance
if any shall be paid to owner of property; PROVIDED that
any perishable articles contained in said shipment may
be sold at public or private sale without such notices,
if; in the opinion of carrier, such action is necessary
to prevent deterioration or further deterioration.
SECTION 6:
As a condition precedent to recovery, a claim
for any loss or damage, injury or delay, must be filed
in writing with carrier within nine (9) months after
delivery to consignee as shown on face hereof, or in
case of failure to make delivery, then within nine (9)
months after a reasonable time for delivery has elapsed;
and suit must be instituted against carrier within two
(2) years and one (I) day from the date 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 a claim is not filed or
suit is not instituted thereon in accordance with the
foregoing provisions, carrier shall not be liable and
such a claim will not be paid.
SECTION 7:
(a) If all or any part of said property is carried by
water over any part of said route, 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 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, and to the
conditions contained in this bill of lading not
inconsistent therewith or with this section.
(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, from explosion, bursting of boilers
or breakage of shafts, unless caused by the design or
neglect of such carrier.
(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 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. And,
when for any reason it is necessary, any vessel carrying
any or all of the property herein described 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,
trans-ship, 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 such carrier
shall not be responsible for any loss or damage to
property if it be necessary or is usual to carry same
upon deck.
(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 owners 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 of the cargo, and shall contribute
with the ship 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.
(e) If the property is being carried under a tariff
which 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
this section shall be modified in accordance with the
tariff provisions, which shall be regarded as
incorporated into the conditions of this bill of lading.
(f) The term "water carriage" in this section shall not
be construed as including lighterage in or across
rivers, harbors, or lakes, when performed by or on
behalf of carriers other than water.
HOUSEHOLD GOODS CARRIERS' BUREAU COMMITTEE, AGENT
1611 DUKE STREET, ALEXANDRIA, VA 22314-3482 703-683-7410
ISSUED: APRIL 05, 1996
EFFECTIVE: MAY 05, 1996