CONTRACT TERMS AND CONDITIONS
Sec. 1.
(a) The Carrier or party in possession of any of the property herein described shall be liable as at common law for any loss thereof or damage thereto, except as hereinafter
provided.
(b) No Carrier or party in possession of all or any of the property (”Carrier”) shall be liable for any loss, damage or delay caused by act of God, public enemy, war, declared or
undeclared acts of public authority, quarantine, riots, strikes, perils of navigation, act or default of Shipper or owner, nature of Property or defect or inherent vice, occurrences in customs warehouse, or for any loss or damage in paintings, statuary, ornamental items, works of art, articles of unusual nature or value, photographs or pictures, antiques, dishes, glassware, musical instruments, vases, mirrors, marble or enamel pieces, lamps, lamp shades, or other fragile articles, unless such loss or damage was caused by negligence of the Carrier, and the responsibility to prove such negligence shall be on the Shipper, except where arrangements have been made for the packing and unpacking of such articles by the Carrier or its agents. No Carrier shall be held liable for the internal malfunction of any computerized, electrical or mechanical item or piece of equipment, whether or not such articles are packed, unpacked, or packed and unpacked by the Shipper or his agent or Carrier or its agents. No Carrier shall be liable for damage to or loss of contents of pieces of furniture crates, bundles, cartons, boxes, barrels, or other containers unless such contents are open for Carrier’s inspection and then only for such articles as are specifically listed by the Shipper and receipted for by the Carrier or its agent.
(c) No Carrier shall be liable for delay caused by obstructions, faulty or impassable highways, lack of capacity of any highway, bridge, ferry, or caused by breakdown, or
mechanical defect of vehicles or equipment.
(d) Carrier’s liability shall be that of a warehouseman, only, for loss, damage or delay caused by a fire occurring after the arrival of the Property at destination or at the port of
export and tender of delivery of the Property to the party entitled to receive it has been made. Except in case of negligence of the Carrier, Carrier shall not be liable for loss, damage, or delay occurring while the Property is stopped and help or stored in transit on the request of the Shipper, owner, or party entitled to make such request, whether such request was made before or after Carrier came into possession of the Property.
(e) No Carrier shall be liable for any of the following:
1. Items of extraordinary value not listed on the High Value Inventory Form.
2. Lamps, lampshades, artwork, pictures, mirrors, artificial plants and statues which are not boxed by Exela Movers.
3. Any marble or glass which is not crated or boxed by Exela Movers.
4. Items found broken in boxes that have not been packed and unpacked by Exela Movers.
5. Missing hardware for dissembled items, unless Exela Movers disassembled them.
6. Gold leaf plaster frames and chandeliers that are not crated by Exela Movers.
7. Press board, particle board, or ready to assemble (RTA) furniture, parts, and/or hardware.
8. Previously damaged and repaired items.
9. Previously damaged or loose veneer.
10. Furniture where original glue has dried out.
11. Any small, loose items such as keys, remote controls, etc. which are not in box.
12. Mechanical condition of audio/visual or electronic equipment.
13. Computers and battery operated items in transit or storage.
14. Live plants.
15. If one item in a set is damaged, only that one item is covered by insurance, not the entire set.
Sec. 2.
(a) No Carrier is bound to transport the property by any particular vehicle, train or vessel, or otherwise than with reasonable dispatch. Every Carrier shall have the right in case of physical necessity to forward the property by any 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 less charges shall be the maximum amount to be covered, whether or not such loss or damage occurs from negligence.
(b) As a condition precedent to recovery, claims must be filed in writing with the receiving or delivering Carrier, or Carrier issuing this proposal for service and bill of lading, or
Carrier in possession of the Property when the loss, damage, injury, or delay occurred within 15 days after delivery of the Property; and suits shall be instituted against any Carrier only within two years and one day when notice in writing is given by the Carrier to the claimant that the Carrier has disallowed the claim or any part or parts thereof specified in the notice. Where claims are not filed or suits are not instituted in accordance with the foregoing provisions, no Carrier here under shall be liable.
(c) Any Carrier or party liable on account of loss 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
the Property, so far as this shall not avoid the policies or contracts of insurance; provided that the Carrier reimburses the claimant for the premium paid thereon.
Sec. 3. Except where such service is required as the result of Carrier’s negligence, all Property shall be subject to necessary cooperage, packing and repacking at owner’s cost.
Sec. 4.
(a) Carrier shall have the right to retain possession of any Property transported by it and to take and place the same in storage at the charge and expense of the Shipper, until all tariff rates and charges thereon have been paid in cash, money order or certified checks. Nothing herein shall limit the right of Carrier to require, at a time of or before shipment, the prepayment in part or in full or guarantee of the charges.
(b) Property not received by the party entitled to receive it after appropriate notice, may be kept in vehicle, warehouse or place of business of the Carrier, subject to all lawful
charges and to Carrier’s responsibility as warehouseman only, or at the option of the Carrier, may be removed to and stored in a warehouse at the point of delivery or at other available points at the cost of the owner, and there held without liability on the part of the Carrier, and subject to a lien for all transportation and other lawful charges, including a reasonable charge for storage. In the event the Consignee cannot be found at the address given on the bill of lading for notification, the Carrier shall be discharged from liability upon sending a notice to Shipper showing the warehouse in which such Property has been placed, subject to the provisions of this paragraph.
Sec. 5.
(a) Where Carrier is directed to take Property from a 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.
(b) Where Carrier is directed to unload or deliver Property at a 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.
Sec. 6. No Carrier will carry or be liable in any way for documents, specie, or for any article of extraordinary value unless a special agreement to do so and a stipulated value of the
articles are endorsed hereon.
Sec. 7. Explosives or dangerous goods will not be accepted for shipment. Every party whether principal or agent shipping such goods shall be liable for the indemnity Carrier against all
loss or damage caused by such goods and Carrier will not be liable for safe delivery for the shipment.
Sec. 8. The owner or Consignee shall pay the advances, tariff charges, packing and storage, if any, and all other lawful charges accruing on said Property. No Carrier shall deliver or
relinquish possession at destination of the Property until all tariff and charges thereon have been paid. Consignee shall be liable for the advances, tariff charges, packing, storage, and all other lawful charges, except at otherwise agreed in writing. The beneficial owner shall also be liable for all charges due to Carrier where not paid by Consignor or Consignee. If the Consignor or Consignee has given to the Carrier erroneous information as to the beneficial owner, such Consignor or Consignee shall be liable for such additional charges and any attorney’s fees incurred by Carrier as a result of this disclosure. Nothing herein shall limit the right of the Carrier to require, at the time of shipment, the repayment of the charges. If upon inspection it is ascertained that the articles shipped are not those described herein, the advances or tariff charges must be paid upon the articles actually shipped.
Sec. 9. If this proposal for service and bill of lading is issued on the order of the Shipper or his agent, in exchange or in substitution for another proposal for service and bill of lading,
the Shipper’s signature to the prior proposal for service and bill of lading as to the statement of the value or otherwise or election for common law of bill of lading liability, in or in connection with such prior proposal for service and bill of lading, shall be considered part of this proposal for service and bill of lading as fully as if the same were written or made in or in connection with this proposal for service and bill of lading.
Sec. 10. Any alteration, addition, or erasure in this proposal for service and bill of lading made without the special notation hereon of the Carrier shall be without effect, and this bill of lading shall be enforceable according to its original tenor.
Sec. 11 All charges are due and shall be paid in full at the time services are rendered. Shipper agrees that all charges which are not so paid will accrue interest at the rate of 18%
annually. Shipper further agrees, for itself and all parties benefited by Carrier’s services to promptly pay all fees and expenses of collection of unpaid balances, including but not limited to attorney fees.