(a) Transportation and Valuation

No carrier is bound to transport the property described herein by any particular schedule, vehicle, train, or vessel other 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 the 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 applicable classification or tariff upon which the transportation rate is based, such lower value shall constitute the maximum amount recoverable for any loss or damage, whether or not such loss or damage results from negligence.

(b) Claims and Legal Actions

As a condition precedent to recovery, claims must be filed in writing with the receiving carrier, delivering carrier, carrier issuing this Bill of Lading, or the carrier in possession of the property at the time the loss, damage, injury, or delay occurred. Such claims must be filed within nine (9) months after delivery of the property, or in the case of export traffic, within nine (9) months after delivery at the port of export. In the event of failure to make delivery, claims must be filed within nine (9) months after a reasonable time for delivery has elapsed.

Any suit against a carrier must be instituted within two (2) years and one (1) day from the date written notice is given by the carrier to the claimant that the claim, or any part thereof, has been disallowed.

Where claims are not filed or suits are not instituted in accordance with the foregoing provisions, no carrier shall be liable, and such claims shall not be paid.

(c) Benefit of Insurance

Any carrier or party liable for loss or damage to the property shall be entitled to the full benefit of any insurance that may have been effected upon or on account of such property, provided that such benefit does not invalidate the insurance policy or contract. The carrier shall reimburse the claimant for the premium paid in connection with such insurance.

(d) Documentation Requirements

Any claim for loss, damage, or overcharge, whether submitted by the consignee, consignor, or a third-party beneficiary, shall be made in writing and accompanied by the original paid transportation bill and the original Bill of Lading, if not previously surrendered to the carrier. The carrier may require a certified or sworn statement supporting the claim.

SECTION 3

Except where such service is required as a result of the carrier’s negligence, all property shall be subject to any necessary cooperage, packing, and repacking at the owner’s expense.

SECTION 4

(a) Storage of Undelivered Property

Property not received by the party entitled to receive it within the free time, if any, allowed under applicable tariffs lawfully on file, after notice of arrival has been given and delivery has been tendered at the destination or designated delivery address, may be retained in the carrier’s vehicles, warehouse, or place of business. Such property shall thereafter be subject to applicable storage charges and the carrier’s responsibility as a warehouseman only.

At the carrier’s option, the property may be removed and stored in a public warehouse at the point of delivery or any other available location at the owner’s expense. In such circumstances, the property shall be held without liability on the part of the carrier and shall remain subject to a lien for all transportation charges and other lawful charges, including reasonable storage fees.

In the event the consignor cannot be found at the address provided for delivery, notice of the placement of such goods in a warehouse shall be left at the delivery address and mailed to any other address listed on the Bill of Lading for notification purposes, indicating the warehouse where the property has been stored, subject to the provisions of this section.

(b) Where nonperishable property which has been transported to destination hereunder is refused by consignee or the party entitled to receive it upon tender of delivery, or said consignee or party entitled to receive it fails to receive it or claim within 15 days after notice of arrival of the property at destination shall have been duly sent or given, the carrier may sell the same at public auction to the highest bidder, at such place as may be designated by the carrier; provided that the carrier shall have first mailed, sent, or given to the consignor notice that the property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading, if disposition be not arranged for, and shall have published notice containing a description of the property, the name of the party to whom consigned, and the time and place of sale, once a week for two successive weeks, in a newspaper of general circulation at the place of sale after said notice that the property was refused or remains unclaimed was mailed, sent, or given.

(c) Where perishable property, which has been transported to destination, is refused by consignee or party entitled to receive it, or consignee or party entitled to receive it shall fail to receive it promptly, the carrier may, in its discretion, to prevent deterioration or further deterioration, sell the same to the best advantage at private or public sale; provided that, if there be time for service of notification to the consignor or owner of the refusal of the property or the failure to receive it and request for disposition of the property, such notification shall be given in such manner as the exercise of diligence requires, before the property is sold.

(d) Where the procedure provided for in the two preceding paragraphs shall not be construed to abridge the right of the carrier at its option to sell property under such circumstances and in such manner as may be authorized by law.

(e) The proceeds of any sale made under this section shall be applied by the carrier to the payment of advances, tariff charges, and the expense of notice, advertisement, sale, and other necessary expenses of caring for and maintaining the property, if proper care of the same requires special expenses; and should there be a balance, it shall be paid to the owner of the property sold hereunder.

(f) Where the carrier is directed to load property from (or render any services at) 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. Where the carrier is directed to unload or deliver property (or render any service at) the 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.