| (a) General.
(1) Household goods shipments transported between points
in Texas shall be subject to all terms and conditions of the moving
services contract, as set forth in §218.57 of this title (relating
to Moving Services Contract), except in cases where such terms and
conditions are in conflict with the laws of the State of Texas.
(2) If a household goods carrier chooses to use additional
limitations of liability on a shipment, the limitations shall be either
of the options specified in subsections (b) or (c) of this section.
A household goods carrier may not alter or expand on the limitation
to its liability or the exact wording set out in subsections (b) or
(c) of this section. The option selected by the household goods carrier
shall be included with and is part of the moving services contract.
(b) Option 1. If this option is chosen, the following
language must be used verbatim.
(1) Section 1 - General Provisions.
(A) For the purposes of this subsection, the following
terms will mean:
(i) Household goods carrier--The motor carrier/mover
contracted to transport a shipment of household goods.
(ii) Shipper--The owner of the household goods shipment
or his representative.
(B) Changes to the moving service contract are not
valid unless agreed to in writing by the household goods carrier and
the shipper.
(C) Household goods carriers will transport shipments
with reasonable dispatch. Reasonable dispatch requires the transportation
of a shipment within the agreed period of time shown on the moving
services contract, except when circumstances beyond the carrier's
control, force majeure, prevent or delay transportation.
(D) Moving services contracts must comply with all
other applicable laws of the State of Texas.
(2) Section 2 - Cargo Liability Provisions.
(A) The household goods carrier is liable for any loss
or damage to the shipment, except as listed in subparagraphs (B) and
(C) of this paragraph.
(B) The household goods carrier is not responsible
for loss, damage, or delay due to acts of God, acts of civil authorities,
defects in the shipment, a riot, a strike, or an act or default of
the shipper.
(C) The household goods carrier is not liable for loss
or damage caused by dangerous or explosive goods unless the shipper
notifies the carrier, in writing, of the nature of the goods and the
carrier agrees, in writing, to the transportation of these goods.
(3) Section 3 - Claims Provisions.
(A) A written claim must be filed by the shipper within
90 days of delivery of the shipment to the final destination. In case
of failure to make delivery, then a written claim must be filed by
the shipper within 90 days after a reasonable time for delivery has
elapsed.
(B) A household goods carrier is not liable for any
claim that is not filed within 90 days of the delivery of the shipment
to the final destination. A household goods carrier is not liable
for any claim that is not filed within 90 days after a reasonable
time for delivery has elapsed for shipments that were not delivered.
(4) Section 4 - Payment Provisions. The shipper must
pay the freight charges upon delivery unless the shipper and household
goods carrier agree otherwise.
(5) Section 5 - Provisions for Shipments Not Delivered.
(A) A household goods carrier may place a shipment
of household goods into storage if the shipper is not available for
delivery of the goods as scheduled.
(B) The cost of such storage is the responsibility
of the shipper of the household goods.
(C) A shipment of household goods placed in storage
is subject to liens for storage, freight, and other lawful charges.
(D) A household goods carrier must issue written notice
of the storage of the household goods to the shipper at each address
shown on the moving services contract within three days of placing
the goods in storage.
(E) If the shipper refuses to accept or does not claim
the household goods within 15 days of the written notice of storage,
the household goods carrier may begin the process of selling the goods
at public sale, as prescribed in Transportation Code, Chapter 6.
(F) A household goods carrier must give written notice
of the public sale to the shipper at each address shown on the moving
services contract.
(G) The moving services contract does not prohibit
the sale of the goods under any other lawful manner if the method
set out in the contract cannot be reasonably accomplished.
(c) Option 2. If this option is chosen, the following
language must be used verbatim.
(1) Section 1 of contract terms and conditions.
(A) The household goods carrier or party in possession
of any of the property herein described shall be liable at common
law for any loss thereof or damage thereto, except as hereinafter
provided.
(B) No household goods carrier or party in possession
of all or any of the property herein described shall be liable for
any loss thereof or damage thereto or delay caused by an act of God,
the public enemy, the authority of law, or an act or default of the
shipper or owner. The household goods carrier's liability shall be
that of warehouseman only, for loss, damage, or delay caused by fire
occurring after the expiration of the free time (if any) allowed by
tariffs lawfully on file after notice of the arrival of the property
at destination has been duly sent or given, and after placement of
the property for delivery at destination, or tender of delivery of
the property to the party entitled to receive it, has been made. Except
in case of negligence of the household goods carrier or party in possession
(and the burden to prove freedom from such negligence shall be on
the household goods carrier or party in possession), the household
goods carrier or party in possession 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, owner, or party entitled
to make such request, or resulting from a defect or inherent vice
of the article, including susceptibility to damage because of atmospheric
conditions such as temperature and humidity or changes therein, or
from riots or strikes. Except in the case of household goods carrier's
negligence, no household goods carrier, or party in possession of
all or any of the property herein described, shall be liable for delay
caused by highway obstruction, faulty or impassable highway, or lack
of capacity of any highway, bridge, or ferry, and the burden to prove
freedom from such negligence shall be on the household goods carrier
or party in possession.
(C) In case of quarantine the property may be discharged
at the risk and expense of the owner into quarantine depot or elsewhere,
as required by quarantine regulations or authorities, or for the household
goods carrier's dispatch at the nearest available point in the household
goods carrier's judgment, and in any such case the household goods
carrier's responsibility shall cease when property is so discharged,
or property may be returned by the household goods carrier at the
owner's expense to the shipping point, earning freight both ways.
Quarantine expenses of whatever nature or kind upon or in respect
to property shall be borne by the owner of the property or the household
goods carrier may file a lien. The household goods carrier shall not
be liable for loss or damage occasioned by fumigation or disinfection
or other acts required or done by quarantine regulations or authorities
even though the same may have been done by the household goods carrier's
officers, local agents, or employees, nor for detention, loss, or
damage of any kind occasioned by the quarantine or its enforcement.
A household goods carrier shall not be liable, except in the case
of negligence, for any mistake or inaccuracy in any information furnished
by the household goods carrier, its local agents, or officers, as
to quarantine laws or regulations. The shipper shall hold the household
goods carrier harmless from any expense it may incur, or damages it
may be required to pay, by reason of the introduction of the property
covered by this contract into any place against the quarantine laws
or regulations in effect at such place.
(2) Section 2 of contract terms and conditions.
(A) A household goods carrier is not bound to transport
property by any particular scheduled vehicle or in time for any particular
market other than with reasonable dispatch. A household goods carrier
shall have the right, in case of physical necessity, to forward the
property by any household goods carrier or route between the point
of shipment and the point of destination. 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 recovered, whether or
not such loss or damage occurs from negligence.
Cont'd... |
