| (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.
(B) If the consignee has given to the household goods
carrier erroneous information as to whom the beneficial owner is,
such consignee shall be liable for the additional charges. Nothing
herein shall limit the right of the household goods carrier to require
at time of shipment the payment or guarantee of the charges. If upon
inspection it is ascertained that the articles shipped are not those
described in this bill of lading or receipt, the freight charges must
be paid on the articles actually shipped.
(8) Section 8 of contract terms and conditions. If
this bill of lading or receipt is issued on the order of the shipper
or his agent, in exchange or in substitution for another bill of lading
or receipt, the shipper's signature to the prior bill of lading or
receipt as to the statement of value or otherwise, or election of
common law or bill of lading or receipt, in or in connection with
such prior bill of lading or receipt, shall be considered a part of
this bill of lading or receipt as fully as if the same were written
or made in or in connection with this bill of lading or receipt.
(9) Section 9 of contract terms and conditions. Any
alteration, addition, or erasure in this bill of lading or receipt
which shall be made without the special notation herein of the agent
of the household goods carrier issuing this bill of lading or receipt,
shall be without effect, and this bill of lading or receipt shall
be enforceable according to its original tenor.
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