CONDITIONS OF SHIPPING
1. Liability of Carrier: The carrier of goods herein described is liable for any loss or damage to goods accepted by the carrier or the carrier’s agent except as hereinafter provided.
2. Liability of Originating and Delivering Carriers: Where a shipment is accepted for carriage by more than one carrier, the carrier issuing the bill of lading (hereinafter called the “originating carrier”) and the carrier who assumes responsibility for delivery to the consignee, (hereinafter called the “delivering carrier”), in addition to any other liability hereunder, are liable for any loss of or damage to the goods while they are in the custody of any other carrier to whom the goods are or have been delivered and from which liability the other carrier is not relieved.
3. Recovery from Connecting Carrier: (a) The originating carrier or the delivering carrier, as the case may be, is entitled to recover from any other carrier to whom the goods are or have been delivered the amount of the loss or damage that the originating carrier or delivering carrier, as the case may be, is required to pay for the loss of or damage to the goods while they were in the custody of such other carrier. (b) If there is a concealed damage settlement and the goods were interlined between carriers so that it is not clear as to who had custody of the goods when they were damaged, the originating carrier or delivering carrier, as the case may be, is entitled to recover from each of the interlined carriers an amount pro rated on the basis of each carrier’s revenue for carriage of the damaged goods.
4. Remedy by Consignor/Consignee: Nothing in Articles 2 or 3 deprives a consignor or consignee of any rights the consignor or consignee may have against any carrier.
5. Exceptions from Liability: The carrier shall not be liable for loss, damage or delay to any of the goods described in the bill of lading caused by an act of God, the Queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, an act or default of the consignor, owner or consignee, authority of law, quarantine or differences in weights of grain, seed or other commodities caused by natural shrinkage.
6. Delay: No carrier is bound to transport the goods by any particular licensed for -hire vehicle or in time for any particular market or otherwise than with due dispatch, unless by agreement specifically endorsed on the bill of lading and signed by the parties.
7. Routing by Carrier: In case of physical necessity where the carrier forwards the goods by a conveyance that is not a licensed for-hire vehicle, the liability of the carrier is the same as though the entire carriage were by a licensed for-hire vehicle.
8. Stoppage in Transit: Where goods are stopped and held in transit at the request of the party entitled to so request, the goods are held at the risk of that party.
9. Valuation: Subject to Article 10, the amount of any loss or damage for which the carrier is liable, whether or not the loss or damage results from negligence, shall be the lesser of: (a) the value of the goods at the place and time of shipment, including the freight and other charges if paid, and (b) $4.41 per kilogram computed on the total weight of the shipment.
10. Declared Value: If the consignor has declared a value of the goods on the face of the bill of lading, the amount of any loss or damage for which the carrier is liable shall be or shall not exceed the declared value.
11. Consignor’s Risk: Where it is agreed that the goods are carried at the risk of the consignor of the goods, such agreement covers only such risks as are necessarily incidental to the transportation and the agreement shall not relieve the carrier from liability for any loss or damage or delay which may result from any negligent act or omission of the carrier, the carrier’s agents or employees and the burden of proving absence of negligence shall be on the carrier.
12. Notice of Claim: (a) No carrier is liable for loss, damage or delay to any goods carried under the bill of lading unless notice thereof setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier of to the delivering carrier within sixty (60) days after delivery of the goods or, in the case of failure to make delivery, within nine (9) months from the date of shipment. (b) The final statement of the claim must be filed within nine(9) months from the date of shipment together with a copy of the paid freight bill.
13. Articles of Extraordinary Value: No carrier is bound to carry any documents, spacie or any articles of extraordinary value unless by a special agreement to do so. If such goods are carried without a special agreement and the nature of the goods is not disclosed on the bill of lading, the carrier shall not be liable for any loss or damage in excess of the maximum liability stipulated in Article 10 above.
14. Freight Charges: (a) If required by the carrier the freight and all other lawful charges accruing on the goods shall be paid before delivery and if upon inspection it is ascertained that the goods shipped are not those described in the bill of lading the freight charges must be paid upon the goods actually shipped, with any additional charges lawfully payable thereon. (b) Should a consignor fail to indicate that a shipment is to move prepaid, or fail to indicate how the shipment is to move, it will automatically move on a collect basis.
15. Dangerous Goods: Every person, whether as principal or agent, shipping explosives or dangerous goods without previous full disclosure to the carrier as required by law, shall indemnify the carrier against all loss, damage or delay caused by the failure to disclose, and such goods may be warehoused at the consignor’s risk and expense.
16. Undelivered goods: (a) Where, through no fault of the carrier, the goods cannot be delivered, the carrier shall immediately give notice to the consignor and consignee that the delivery has not been made, and shall request disposal instructions. (b) Pending receipt of such disposal instructions, (i) the goods may be stored in the warehouse of the carrier, subject to a reasonable charge for storage, or (ii) provided that the carrier has notified the consignor of this intention, the goods maybe removed to and stored in a public or licensed warehouse, at the expense of the consignor, without liability on the part of the carrier, and subject to a lien for all freight and other lawful charges, including a a reasonable charge for storage.
17. Return of Goods: Where notice has been given by the carrier pursuant ot paragraph (a) of Article 16, and no disposal instructions have been received within ten (10) days from the date of such notice, the carrier may return to the consignor, at the consignor’s expense, all undelivered shipment for which such notice has been given.
18. Alterations: Subject to Article 19, any limitation on the carrier’s liability on the bill of lading, and any alteration, or addition or erasure on the bill of lading shall be signed or initialled by the consignor and the originating carrier or their agents and unless so acknowledged shall be without effect.
19. Weight: It shall be the responsibility of the consignor to show correct shipping weights of the shipment on the bill of lading. Where the actual weight of a shipment does not agree with the weight shown on the bill of lading, the weight shown on the bill of lading is subject to correction by the carrier.