3. Except in the case of negligence of the carrier or the party in possession, the carrier or the
party in possession shall not be liable for country damage to cotton, or for loss, damage or
delay which results:
(a) when the property is stopped and held in transit upon request of the shipper, owner or
party entitled to make such a request or
(b) from a defect or vice in the property, or
(c) from riots or strikes
The burden to prove freedom from such negligence is on the carrier or the party in possession.
4. Except in the case of negligence of the carrier, no carrier or party in possession of all or any
portion of the property described in this bill of lading shall be liable for delay caused by highway obstruction,
by faulty or impassable highway, or by lack of capacity of any highway bridge or ferry. The burden to prove
freedom from such negligence is on the carrier or party in possession.
Sec. 2 (a)
1. No carrier is bound to transport said property by any particular schedule, train, vehicle or
vessel, or in time for any particular market, or in any manner other 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.
2. In all cases not prohibited by law, where a lower value than the actual value of the said
property has been stated 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 value plus
freight charges if paid shall be the maximum recoverable amount for loss or damage, whether or not such
loss or damage occurs from negligence.
Sec. 2 (b)
Articles of extraordinary value will not be accepted for transportation. Should an article or articles of
extraordinary value be inadvertently accepted by the carrier, the shipper agrees and declares that the value
of the property is released to a value not exceeding $25.00 per pound per package except when otherwise
provided in the current National Motor Freight Classification ICC NMF 100 Series on this carrier’s
governing tariffs. Where shipper pays appropriate excess valuation charges as provided in carrier’s
governing tariff, carrier’s liability may be increased accordingly up to a maximum of (a) $50.00 per pound
per package or (b) $100,000 for the aggregate of all articles tendered to carrier by a shipper and
transported in a unit of carrier’s equipment.
Articles of Extraordinary Value means (a) articles having a value exceeding $50.00 per pound per
package or (b) the aggregate of all articles tendered to carrier by a shipper for transport in a unit of carrier’s
equipment having a value in excess of $100,000.
Unit of Carrier’s Equipment means any motor truck or other self-propelled highway vehicle, trailer,
semi-trailer or any combination or set of such highway vehicles or trailers operated by the carrier.
that if there is sufficient time to notify the consignor or owner of the refusal of the.
Where the provisions of other tariffs apply, and these provisions specify a limitation of the
carrier’s liability absent a release value declaration by the shipper, the carrier’s liability shall be
limited to the extent provided by such applicable provisions where the shipper does not make the
requisite or specified release or value declaration.
(2) Shippers who choose to use their own bills of lading shall be considered to possess the
sophistication and transportation knowledge necessary to be conversant in tariffs provided by motor
carrier. Therefore the annotation provided in paragraph (1) will not be required on shipper furnished
bills of lading and the notice of limited liability provided herein shall be deemed sufficient public
notice.
Sec. 4 (c) Where perishable property transported to the destination stated in this bill of lading
is refused by consignee or party entitled to receive it, or said consignee or party entitled to receive
the property fails to receive it promptly, the carrier may, in its discretion, to prevent deterioration or
further deterioration, sell the property to the best advantage at private or public sale:
PROVIDED:
property or the failure to receive it and to request for disposition of the property, such notification
shall be given, in such manner as the exercise of due diligence required, before the property is
sold.
Unless a greater value is declared herein, the shipper agrees and declares, that the
value of the property is released to a value not exceeding $25.00 per pound per package
except when otherwise provided in the current National Motor Freight Classification, ICC
NMF 100 series, or this carrier’s governing tariffs.
PROPERLY IDENTIFIED SHIPMENTS
(1) As shipper, the customer agrees to identify all “foodstuffs”, edible materials, drugs that
are ingested or injected intravenously, or otherwise taken internally when tendered to the carrier by
insertion on the bill of lading the work “foodstuff”. This item shall apply on foodstuffs, edible
materials and drugs used by humans and animals. Initials and acronyms are not acceptable. As
consignee or third party to the shipment, customer agrees to indemnify carrier if foodstuffs are not
identified by the shipper as stated above and carrier will not be liable for improper loading
violations on any shipments where foodstuffs are not identified as indicated
(2) The customer agrees as shipper to clearly identify on the Bill of Lading all shipments
containing materials classified by U.S. Department of Transportation regulations as poisons. Initials
and acronyms are not acceptable. As consignee or third party to the shipment, customer agrees to
indemnify carrier if poisons are not identified by the shipper as indicated, and carrier will not be
liable for improper loading violations on any shipments where poisons have not been properly
identified.
