No carrier hereunder will carry or be liable in any way for documents, species, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed hereon.
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 the carrier against all loss or damage caused thereby, and the carrier will not be liable for safe delivery of the shipment.
MOVERS (CARRIERS) WILL NOT RELINQUISH POSSESSION UNTIL ALL CHARGES ARE PAID
The owner or consignee shall pay the advances, tariff charges, packing and storage charges, if any, and all other lawful charges on said property except in those instances where it may lawfully be authorized to do so.
No carrier shall deliver or relinquish possession at destination of the property covered by this Bill of Lading until all tariff rates and charges have been paid.
The consignor shall be liable for the advances, tariff charges, packing charges, storage 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 that the carrier shall not make delivery without requiring payment of such charges and the carrier contrary to such stipulation shall make delivery without requiring such payment, the consignor (except as hereinafter provided) shall not be liable for such charges.
Provided that where the carrier has been instructed by the shipper or consignor to deliver the property to a consignee who is not legally liable for transportation charges in respect of the transportation of said 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, the beneficial owner shall be liable for such additional charges.
If the consignee:
(a) is an agent only and has no beneficial title in said property; and
(b) prior to delivery of said property has notified the delivering carrier in writing of the fact of such agency and absence of beneficial title and, in the case of shipment reconsigned or diverted to a point other than that specified in the original Bill of Lading, has also notified the delivering carrier in writing of the name and address of the beneficial owner;
then the beneficial owner shall be liable for such additional charges.
If the consignee has given to the carrier erroneous information as to who the beneficial owner is, such consignee shall himself be liable for such additional charges.
Nothing herein shall limit the rights of the carrier to require, at the time of shipment, the prepayment of charges.
If upon inspection it is determined that the articles are not those described in this Bill of Lading, the applicable tariff charges must be paid upon the articles actually shipped.
If this Bill of Lading is issued on the order of the shipper, or his agent, in exchange for or in substitution of another Bill of Lading, the shipper’s signature to the prior Bill of Lading as to the statement of value or otherwise, or election for common law or Bill of Lading liability in or in connection with such prior Bill of Lading, shall be considered a part of this Bill of Lading as fully as if the same were written or made in or in connection with this Bill of Lading.
Any alteration, addition, or erasure in this Bill of Lading, which shall be made without the special notation hereon of the agent of the carrier issuing this Bill of Lading, shall be without effect, and this Bill of Lading shall be enforceable according to its original tenor.
ALL CLAIMS, DISPUTES, OR CONTROVERSIES ARE SUBJECT TO ARBITRATION.
Any controversies or claims arising out of or relating to this contract, the breach thereof, or the goods affected thereby, whether such claims be founded in tort or contract, shall be settled by arbitration under the arbitration law of the carrier’s state and under the rules of the American Arbitration Association; provided, however, that upon any such arbitration, the arbitrator or arbitrators may not vary or modify any of the foregoing provisions.
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