CONTRACT TERMS AND CONDITIONS FOR UNIFORM HOUSEHOLD GOODS BILL OF LADING
The following terms and conditions apply to all services performed by the carrier under this contract. This contract is also subject to all rates, rules, and charges in the current tariff published by, or on file with The Virginia Department of Motor Vehicles.
Section 1:
(A) THE CARRIER IS LIABLE for physical loss of, or damage to, any article from external cause while being packed, unpacked, loaded, unloaded, carried, or held in Storage-in-Transit, including breakage. If the articles are packed by the carrier and/or if the breakage results from negligence of the carrier. The carrier is liable directly to the customer for loss and damage, regardless of any cargo insurance policies the carrier may have. The carrier's liability is subject to the limitations of liability described in Section 2.
Customers may include the following items in a shipment however, the carrier is not responsible for the condition or safe delivery of:
a) Furniture or other items made of pressboard, particle board or similar pressed materials of construction
b) Coins, currency, deeds, notes, postage stamps, letters, drafts or valuable papers of any kind
c) Jewelry, precious stones, precious metals, or any items of extraordinary value
d) Household pets, plants and living items; temperature sensitive or perishable items
e) Furniture containing glass, glass objects, mirrors, electronics, computers, televisions or similar items of high value
(B) THE CARRIER IS NOT LIABLE for the loss or damage to any article from external cause while being carried or held in Storage-in-Transit, due to the following:
a) Breakage, when items are packed by the customer or the customer's representative unless it can be proved that the breakage resulted from negligence by the mover in handling the articles.
b) Internal damage to electronics (radios, stereos, TVs, CD/DVD players, computers, printers, scanners, etc) when no visible damage to the external packaging or contents exists or if the item was packed by the customer or customer's representative.
c) Loss or damage from insects, moths, vermin, mold, fungus, or bacteria within the customer's belongings or that develop therein due to conditions present before the carrier picks up the customer's belongings.
d) Loss or damage because item was in an obvious state of disrepair at time of shipment, provided the carrier noted the disrepair on the inventory.
e) An act, omission, or order of the customer, or loss or damage resulting from the customer's inclusion in the shipment of such articles as explosives, dangerous articles or dangerous goods.
f) Defective design of an article, including susceptibility to damage because of atmospheric conditions such as temperature or humidity changes.
g) Hostile or warlike action or use of any weapon of war , terrorism, insurrection, rebellion, revolution, civil war, usurped power, and actions taken in hindering, combating , or defending against such occurrences: a) by any government or sovereign power, or by authority maintaining or using military forces: b) by military forces: or, c) by an agent of such government, power, or authorities.
h) Seizure, confiscation or destruction under quarantine by order of any government or publich authority
i) Strikes, lockouts, labor disturbances, riots, civil commotions or acts of any person or persons taking part in such disorder
j) Acts of God.
* Carrier will not accept the following items for shipment: Explosives, Dangerous goods, Property liable to damage carrier equipment or property
* The customer assumes all liability for goods he/she leaves unattended before pickup by the carrier. The customer also assumes all liability for goods when the customer directs the carrier, in writing, to unload ro deliver property at a location that will be unattended.
Section 2: The carrier's maximum liability shall be determined based on the valuation option selected by customer on the face of the contract
A) If the customer selected Basic Value Protection, The carrier's maximum liability shall be the actual loss or damage not to exceed $0.60/lb of weight of any lost or damaged article and shall not exceed $60 per item. This option is the option that will apply if the customer fails to indicate a choice on the face of the contract.
B) If the customer selected Enhanced Coverage, the carrier's maximum liability shall be the amount of the actual loss or damage (if can be repaired) not exceeding $3.00 times net weight of shipment, or lump sum declared value, whichever is greater.
C) If the customer selected Premium Coverage, the carrier's maximum liability shall be the amount of the actual loss or damage (if can be repaired) not exceeding $6.00 times net weight of shipment, or lump sum declared value, whichever is greater.
* The customer is responsible for any additional insurance the customer wishes to purchase beyond carrier optional coverage.
Section 3:
Unless specific arrangements have been authorized by this contract, the carrier is not required to transport the customer's goods by any particular schedule, means, or vehicle and is not liable for delays resulting from causes other than negligence of the carrier. In case of unforeseen circumstances, which prevent the carrier from completing delivery, the carrier has the right to forward the customer's property to another carrier.
Section 4:
A) The customer must pay all legal charges. B) If the carrier is required to refer this contract for collection of charges due to an attorney, shipper agrees to pay reasonable attorney fees and collection costs. C) If this contract is referred to a court for resolution, the losing party shall be responsible for a payment of the other party's reasonable attorney fees and court costs. D) The customer shall be responsible to indemnify the carrier for any loss or damage caused by inclusion in the shipment of explosives, dangerous articles, or dangerous goods.
Section 5: A) The carrier may place a shipment into storage at a public warehouse near the point of destination if the carrier is unable to make delivery because: 1) The carrier was unable to locate the customer at the address given on the bill of lading. 2) The customer refused to or was unable to accept the delivery. 3) The customer was unable to or refused to pay the amount of the original estimate.
B) The carrier's liability ends with delivery to public warehouse and shipment becomes subject to warehouse's liability, T&Cs.
C) Carrier must try to notify customer by all means of contact the carrier has AND carrier must deliver written notice to the delivery address advising that a delivery was not possible and advising the customer of the name/address of public warehouse delivered to.
D) If the customer does not receive or claim the shipment within 30 days after the carrier made written notice, the shipment becomes subject to disposition by the carrier in accordance with local laws in an attempt to recouperate carrier's fees resulting from storage and transportation.
Section 6: To receive compensation for a claim for loss, damage, overcharge, injury or delay, the customer must file a written claim with the carrier within 30 DAYS after delivery. In the case of failure to make delivery, the claim must be filed withn 30 DAYS after a reasonable time for delivery has elapsed. Claims must contain sufficient information to identify the property involved. A copy of the original paid transportation bill, bill of lading contract or shipping receipt should accompany the written claim.