Terms and conditions of services.
The following terms and
conditions apply to all services performed by the carrier under this contract.
The term "carrier" refer to Anton's Moving Inc., a Massachusetts corporation.
The contract is also subject to all rules, rates, and charges in the current
tariffs, published, or on file with, the Washington Utilities and
(a) The Carrier or
party in possession of any of the property here in described ("Property") shall
be liable as a common law for any loss thereof or damage thereto, except as
(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 of de- fault 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, 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 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
(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.
(a) 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
(b) As a condition
precedent to recovery, claims must be filed in writing with the receiving or
delivering Carrier, or Carrier is- suing this proposal for service and bill of
lading, or Carrier in possession of the Property when the loss, damage, injury,
or delay occurred, within 10 days after delivery of the Property; and suits
shall be instituted against any Carrier only within two years and on day from
the day when notice in writing is given by the Carrier to the claimant that the
Carrier has disallowed by claim of 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 reimbursed the claimant for the premium
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.
(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 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.
(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.
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.
dangerous goods will not be accepted for shipment. Every party whether
principal or agent shipping such goods shall be liable for any indemnify
Carrier against all loss or damage caused by such goods and Carrier will not be
liable for safe delivery of the shipment.
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.
If the Consignor or Consignee has given to the Carrier erroneous information as
to the identity of 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 prepayment 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
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, shall be considered a 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.
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.