| (B) As a condition precedent to recovery, a claim must
be filed in writing with the receiving or delivering household goods
carrier, or the household goods carrier issuing the bill of lading
or receipt, or the household goods carrier on whose line the loss,
damage, injury, or delay occurred, or the household goods carrier
in possession of the property when the loss, damage, injury, or delay
occurred, within 90 days after delivery of the property or, in case
of failure to make delivery, then within 90 days after a reasonable
time for delivery has elapsed; and suits shall be instituted against
any household goods carrier only within two years and one day from
the day when notice in writing is given by the household goods carrier
to the claimant that the household goods carrier has disallowed the
claim or any of its part or parts specified in the notice. Where a
claim is not filed or a suit is not instituted in accordance with
the foregoing provisions, a household goods carrier hereunder shall
not be held liable, and the claim will not be paid.
(C) Any household goods carrier or party liable on
account of loss of or damage to any of the property shall have the
full benefit of any insurance that may have been effected, upon, or
on account of, said property, so far as this shall not avoid the policies
or contracts of insurance; provided, that the household goods carrier
reimburses the claimant for the premium paid.
(3) Section 3 of contract terms and conditions. Except
where such service is required as the result of household goods carrier's
negligence, all property shall be subject to necessary cooperage and
baling at the owner's cost.
(4) Section 4 of contract terms and conditions.
(A) Property not removed by the party entitled to receive
it within the free time (if any) allowed by tariff lawfully on file
(such free time to be computed as therein provided), after notice
of the arrival of the property at destination has been duly sent or
given, and after tender of the property for delivery at destination
has been made, or property not received, at time tender of delivery
of the property to the party entitled to receive it has been made,
may be kept in vehicle, warehouse, or place of business of the household
goods carrier, subject to the tariff charge for storage and to household
goods carrier's responsibility as warehouseman, only, or at the option
of the household goods carrier, may be removed to and stored in a
public or licensed warehouse at the point of delivery or other available
point, or if no such warehouse is available at point of delivery or
at other available storage facility, at the cost of the owner and
there held without liability on the part of the household goods carrier,
and subject to a lien for all freight and other lawful charges, including
a reasonable charge for storage. In the event consignee cannot be
found at address given for delivery, notice of the placing of such
goods in warehouse shall be mailed to the address given for delivery
and mailed to any other address given on the bill of lading or receipt
for notification, showing the warehouse in which the property has
been placed.
(B) If nonperishable property which has been transported
to destination hereunder is refused by consignee or the party entitled
to receive it upon tender of delivery, or said consignee or party
entitled to receive it fails to receive or claim it within 15 days
after notice of arrival shall have been duly sent or given, the household
goods carrier may sell the same at public auction to the highest bidder,
at such place as may be designated by the household goods carrier;
provided, that the household goods carrier shall have first mailed,
sent, or given to the consignor notice that the property has been
refused or remains unclaimed, as the case may be, and that it will
be subject to sale under the terms of the bill of lading or receipt
if disposition be not arranged for, and shall have published notice
containing a description of the property, the name of the party to
whom consigned, or, if shipped order notify, the name of party to
be notified, and the time and place of sale, once a week for two successive
weeks, in a newspaper of general circulation at the place of sale
or nearest place where such newspaper is published. Thirty days must
elapse after notice that the property was refused or remains unclaimed
was mailed, sent, or given before notice of sale may be published.
(C) If perishable property which has been transported
is refused by the consignee or party entitled to receive it, or the
consignee or party entitled to receive it shall fail to receive it
promptly, the household goods carrier may, in its discretion, to prevent
deterioration or further deteriorations, sell the same to the best
advantage at private or public sale; provided, that if time serves
for notification to the consignor or owner of the refusal of the property
or the failure to receive it and request for disposition of the property,
notification shall be given, in such manner as the exercise of due
diligence requires before the property is sold.
(D) If the procedure provided for in this section is
not possible, it is agreed that nothing contained in the section shall
be construed to abridge the right of the household goods carrier at
its option to sell the property under such circumstances and in such
manner as may be authorized by law.
(E) The proceeds of the sale shall be applied by the
household goods carrier to the payment of freight, demurrage, storage,
and any other lawful charges and the expense of notice, advertisement,
sale, and other necessary expense and of caring for and maintaining
the property, if proper care requires special expense. If there is
a balance it shall be paid to the owner of the property.
(F) If the household goods carrier is directed by the
consignor or its agent to load property from (or render any services
at) a place or places at which the consignor or its agent is not present,
the property shall be at the risk of the owner before loading.
(G) If the household goods carrier is directed by the
consignee or its agent to unload or deliver property (or render any
services) at the place or places at which the consignee or its agent
is not present, the property shall be at the risk of the owner after
unloading or delivery.
(5) Section 5 of contract terms and conditions. A household
goods carrier shall not carry or be liable in any way for documents,
specie, or for articles of extraordinary value not specifically rated
in the published classification or tariffs unless a special agreement
to do so and a stipulated value of the articles are endorsed.
(6) Section 6 of contract terms and conditions. Every
party, whether the principal or local agent, shipping explosives or
dangerous goods, without previous full written disclosure to the household
goods carrier of their nature, shall be liable for and indemnify the
household goods carrier against all loss or damage caused by the goods,
and the goods may be warehoused at the owner's risk and expense or
destroyed without compensation.
(7) Section 7 of contract terms and conditions.
(A) The owner or consignee shall pay the freight and
all other lawful charges accruing on said property; but, except in
those instances where it may lawfully be authorized to do so, no household
goods carrier shall deliver or relinquish possession at destination
of the property covered by this bill of lading or receipt until all
rates and charges have been paid. The consignor shall be liable for
the freight and all other lawful charges, except that if the consignor
stipulates, by signature, in the space provided for that purpose on
the face of this bill of lading or receipt that the household goods
carrier shall not make delivery without requiring payment of the charges
and the household goods carrier, contrary to such stipulation shall
make delivery without requiring such payment, the consignor (except
as hereinafter provided) shall not be liable for the charges. Where
the household goods carrier has been instructed by the shipper or
consignor to deliver the property to a consignee other than the shipper
or consignor, the consignee shall not be legally liable for transportation
charges in respect of the transportation of the property (beyond those
billed against him at the time of delivery for which he is otherwise
liable) which may be found to be due after the property has been delivered
to him, if the consignee is an agent only and has no beneficial title
in said property, and prior to delivery of said property has notified
the delivering household goods carrier in writing of the fact of such
agency and absence of beneficial title, and, in the case of a shipment
reconsigned or diverted to a point other than that specified in the
original bill of lading or receipt, has also notified the delivering
household goods carrier in writing of the name and address of the
beneficial owner of said property; and, in such cases the shipper
or consignor, or, in the case of a shipment so reconsigned or diverted,
the beneficial owner shall be liable for such additional charges.
Cont'd... |
