This contract is subject to the following terms and conditions:
SECTION 1: The Carrier 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 or damage caused by or resulting:
a) From an act, omission or order of shipper;
b) From defect or inherent vice of article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein;
c) From all 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 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, usurping power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade;
d) (1) For shipments other than household goods as defined in 49 C.F.R. 1056.1 (a)(1), from 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 proved with such transportation and/or delivery notwithstanding such risk;
(e) From Acts of God.
(f) From damage due to improper shipper packing, bracing or preparation.
SUBJECT, in addition to the foregoing, to the further following limitations on the carriers liability:
To 60 Cents per pound of weight of the lost or damaged article, unless a different value per article is declared and shipper agrees to applicable rates.
SECTION 2: The carrier shall not be liable for delays 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; or shall the carrier be bound to transport by any particular schedule, means, vehicle or otherwise than 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: 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 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.
SECTION 4: If for any reason other than the fault of the 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 contain 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 mailed 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 the sale shall be applied toward payment of lawful charges applicable to shipment, caring for and maintaining property prior to sale, and the balance, if any shall be paid to owner of property.
SECTION 6: As a condition precedent to recovery, a claim for any loss or damage, injury or delay, must be filled 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 (1) 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.
101 West Shore Ave, Dumont, NJ 07628