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CONTRACT TERMS & CONDITIONS
Sec. 1 (a) The Carrier or party in
possession of any of the property herein described (“property”) shall be liable
as at common law for any loss thereof or damage thereto, except as herein
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 to paintings statuary, ornamental items, works of art, lamp
shades or other fragile articles, unless such loss or damage was caused by
negligence of the Carrier and the responsibility to probe 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 agent. 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 it’s 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 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 held 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
Sec. 2 (a)
No Carrier is bound to transport the property by any particular schedule,
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 as 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 less charges shall be the maximum amount to be recovered,
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 from the 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 hereunder 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 long 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 check.
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 a
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 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
Consignor or his agent is not present, the Property shall be at the risk of the
owner before loading.
(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 any 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 and indemnify Carrier against all loss
or damage caused by such goods and Carrier will not be liable for safe delivery
of 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.
Consignor shall also be liable for the advances, tariff charges, packing,
storage, and all other lawful charges, except as otherwise agreed in
writing. The beneficial owner shall
also be liable for all charges due to Carrier where not paid by 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 prepayment of the
charges. If upon inspection it is
ascertained that the articles shipped are not these 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
or bill of lading liability, in or in connection with such prior proposal for
service and bill of lading as to the statement of the value or otherwise or
election for common law or bill of lading liability , in or in connection with
such prior proposal for service and bill of lading.
Sec. 10 Any alteration in
this proposal for service and bill of lading made without the special notation
hereon of the Carrier shall be without effect and this document shall be
enforceable according to its original tenor.
CLAIMS FOR DAMAGE OR LOSS MUST BE FILED WITH THIS CARRIER WITHIN 15 DAYS
TDP: Items not covered include antiques, original artwork, plants, collections of coins/stamps, etc. Items packed by the owner are not covered for damage unless there is physical damage to the box. Items are subject to depreciation. TDP covers the lesser of the cost of restoring or the actual cash value of the item prior to the move.
Re: Hoisting: Ask for an explanation of hoisting procedures. Anton's Movers takes appropriate care and safety measures in raising and lowering items from balconies, windows, garages, etc., and cannot be held liable for personal injury or damage to property incurred while hoisting items unless such precautions were not in place. Signature in Shipper's Authorization indicates agreement and acceptance of procedures as explained.
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