The following Contract Terms and Conditions apply to all services performed by Carrier In addition to all other rules, regulations, rates and charges in the Carrier’s current rate schedule or tariff which are referenced on this Bill of Lading. A copy of the applicable rate schedule or tariff shall be made available to the consignor, consignee and/or shipper upon request. For Bound Rate Type orders (only), both parties agree to the total charges for the transportation and services printed on the last written quote tendered to shipper prior to this Bill of Lading, subject to the terms of carrier’s tariff.

The word “Shipper” Includes the party entering Into this Bill of Lading as Consignor and any party for whose account the goods are shipped. The word “Goods” includes articles of every kind and description tendered for transportation under this Bill of Lading or other shipping document properly executed and agreed to by the parties hereto.

Carrier maintains tariffs and/or rate schedules, which set forth the terms, conditions and prices for the transportation services provided. The applicable tariff and/or rate schedule provisions as well as the last written quote (for Bound Rate Type orders only) tendered to shipper by carrier prior to this Bill of Lading and all inventories prepared in conjunction with this Bill of Lading are incorporated herein by reference. These documents, together with this Bill of Lading, constitute the contractual documents governing the services rendered to Shipper. Incorporated provisions Include but are not limited to: (l)Establishing the limitation of Carrier’s liability; (2) Setting the time period for filing claims; and (3) Reserving the Carrier’s right to access additional charges for additional services performed. SHIPPER AGREES TO ALL TERMS, CONDITIONS, LIMITATIONS, RATES AND PROVISIONS WHICH ARE CONTAINED IN THE REFERENCED TARIFF AND/OR RATE SCHEDULE.

 

SECTION1:
The Carrier, It’s employees, officers, directors, contractors, agents, representatives, and/or corporately related business entities, shall not be liable for physical loss of or damaged to any goods handled, stored, or transported pursuant to this Bill of Lading or for delay in the delivery of such goods caused by or resulting:

(a) From an act, omission or order of shipper;

(b) From defect or Inherent vice of the article, including susceptibility to damage because of mechanical malfunction and/or atmospheric conditions such as temperature and humidity or changes therein;

(c) From (1) hostile or warlike action in time of peace or war, Including action in hindering, combating or defending against an actual, impending or expected attack (A) by any government or sovereign power, or by any authority maintaining or using military, naval or air forces; or (B) by military, naval or air forces; or (C) by an agent of any such government, power, authority or forces; (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; 3) Insurrection, rebellion, revolution, civil war, usurped power, or action taken by any governmental authority in hindering, combating, or defending against such an occurrence; (4) seizure or destruction under quarantine or customs regulations; (5) confiscation by order of any government or public authority; (6) risks of contraband or Illegal transportation or trade; (7) strikes, lockouts, labor disturbances, riots, civil commotions, or the acts of any person or persons taking part in any such occurrence or disorder; (3) terrorist activity, including action In hindering or defending against an actual or expected terrorist activity. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. The term “terrorist activity” includes any activity which Is unlawful under the laws of the United States or any State and which Involves any of the following: (1) the hijacking or sabotage of any conveyance (Including an aircraft, vessel, cab, truck, van, trailer, container or vehicle) or warehouse or other building; (2) the seizing or detaining, and threatening to kill, Injure, or continue to detain, another Individual In order to compel a third person (Including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the Individual seized or detained; (3) an assassination; (4) the use of any (A) biological agent, chemical agent, or nuclear weapon or device, or (B) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with Intent to endanger, directly or Indirectly, the safety of one or more individuals or to cause substantial damage to property; or (5) a threat, attempt, or conspiracy to do any of the foregoing.

(d) From Acts of God.

(e) From damages due to improper shipper packing, bracing or preparation.

 

SECTION 2:
CARRIER (AND ITS EMPLOYEES, OFFICERS, DIRECTOR, CONTRACTORS, AGENTS, REPRESENTATIVES AND CORPORATELY RELATED BUSINESS ENTITIES)

 SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS,

INCOME, INTEREST, UTILITY OR LOSS OF MARKET, WHETHER OR NOT CARRIER HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

 

SECTION 3:
The liability of Carrier (and its employees, officers, directors, contractors, agents, representatives, and/or corporately related business entities) for physical loss of or damage to any goods handled, stored, or transportation pursuant to this Bill of Lading or delay in the delivery of such goods shall be subject to the limitations of liability set forth in this Bill of Lading, the limitations of liability contained In any written, signed account contract and the rules, regulations, rates, charges and provisions of the Carrier’s currently applicable tariffs and/or rate schedules reference on this Bill of Lading.

 

SECTION 4:
The carrier shall not be liable for delay caused by highway obstruction, or faulty or impassable highways, or lack of capacity of any highway, bridge or ferry, or caused by breakdown or mechanical defect of vehicles or equipment, or from any cause other than negligence of the Carrier; nor shall the Carrier be bound to transport by any particular schedule, means, vehicle or otherwise with reasonable dispatch. 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.

 

SECTION 5:
(a) The Shipper, upon tender of the shipment to Carrier, and the consignee, upon acceptance of delivery of shipment from carrier, shall be able, jointly and severally, for all unpaid charges payable on account of a shipment in accordance with applicable tariffs or rate schedules including, but not limited to, sums advanced or disbursed by Carrier on account of such shipment. The extension of such credit to either Shipper or consignee for such unpaid charges shall not thereby discharge the obligation of the other party to pay such charges In the event the party to whom credit has been extended shall fail to pay such charges, (b) the Shipper shall indemnity Carrier against loss or damage caused by Inclusion in a shipment of explosives, dangerous articles of goods or hazardous materials.

 

 

SECTION 6:
If for any reason other than the fault of Carrier, delivery cannot be made at address shown on page 1 hereof, or at any changed address of which Carrier has been notified, Carrier, at its own option, may cause articles contained In shipment to be stored in a warehouse selected by it at the point of delivery or at other available points, at the cost of the Shipper or consignee and subject to a lien for all charges under the applicable accrued rate schedules or tariff and other lawful charges.

 

SECTION 7:
If shipment Is refused by consignee at destination, or if Shipper, consignee or owner of property fails to receive or claim It within fifteen (15) days after written notice by United States mail addressed to Shipper and consignee at post office addresses shown on page 1 hereof, or if Shipper fails or refuses to pay lawfully applicable charges In accordance with Carrier’s applicable tariff or rates schedules, Carrier may sell the property at its option, either (a) upon notice to the shipper or consignee as authorized by law, or (b) at public auction to the highest bidder for cash at a public sale to be held at a time and place named by Carrier, provided that, thirty (30) days notice of such sale shall have been given In writing to Shipper and consignee at their last known address, and there shall have been published at least once a week for two consecutive weeks In a newspaper of general circulation at or near the place of sale, a notice thereof containing a description of the property as escribed In the Bill of Lading, and the names of the consignor and consignee. The proceeds on any sale shall be applied toward payment of lawful charges applicable to shipment and toward expenses of notice, advertising and sale and of storing, caring for and maintaining property prior to sale and the balance, if any, shall be paid to owner of property; PROVIDED that any goods contained in said shipment may be sold at public or private sale without such notices, if, In the opinion of Carrier such action is necessary to prevent deterioration or further deterioration.

 

SECTION 8:
Nothing In this Bill of Lading shall limit the right of the Carrier to require the prepayment or guarantee of the charges at the time of shipment or prior to delivery, if the description of articles or other information on this Bill of Lading is found to be incorrect or incomplete, the freight charges must be paid based upon the articles actually shipped.

 

SECTION 9:
As a condition precedent to recovery, a claim to any loss, damage, or injury (excluding delay), must be received In writing by Carrier within nine (9) months after delivery to consignee as shown on Bill of Lading, or in case of failure to make delivery, then within nine (9) months after a reasonable time for delivery has elapsed and any civil action must be Instituted against Carrier within two (2) years and one (1) day from the date when notice in writing Is given by Carrier to the claimant that carrier has disallowed the claim or any part or parts thereof specified in the notice, otherwise the claim Is barred. A claim for delay must be filed In writing with the Carrier within ninety (90) days after delivery to consignee as shown on the Bill of Lading and any civil action for delay must be Instituted against the Carrier within one (1) year and one (1) day from the date when notice In writing Is given by Carrier to the claimant that Carrier has disallowed the claim or any part or parts thereof specified In the notice, otherwise the claim Is barred. Any civil action Instituted by a claimant may only be maintained In the United States District Court for the Eastern District of Missouri or In the Circuit Court of St. Louis County, State of Missouri.