COMBINED UNIFORM HOUSEHOLD GOODS BILL OF LADING AND FREIGHT BILL (NON-NEGOTIABLE)
CONTRACT TERMS AND 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, 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 its 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 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.
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. 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 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, 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.
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.
Sec. 11 All unpaid charges will be subjects to interest charges of 18% annually. The Carrier reserves the right to recover all legal expenses, court costs and recovery fees from the Shipper for all unpaid balances.
STORAGE CONTRACT TERMS AND CONDITIONS
1. This document is a Receipt & Storage Contract and describes the contract between the Company (Focus) and the Storage Depositor named on the storage contract (referred to as you). The following are the promises which (a) the Company makes to you with regard to the storage of your personal property (referred to as the goods), and (b) which you make to the Company with regard to the storage of your goods.
The Company promises:
(A) to provide storage and safekeeping services for your goods at the storage location described on the storage contract;
(B) to act with reasonable care in the storage and safekeeping of your goods, according to the standard of care and prudence which a reasonably careful and prudent person would observe in care of such goods;
(C) to respond promptly to any claim made against the company based on loss or damage to your goods; and,
(D) to promptly notify you of any changes involving the storage of your goods, including, but not limited to (A) change of storage location, (B) change of storage rate; and (C) other matters regarding your goods of which you should reasonably be notified.
You promise the Focus as follows:
(A) to pay the storage, transportation, and related charges described on the storage contract;
(B) to furnish all information reasonably requested by the Focus in connection with the storage of your goods; and
(C) to pay the Company any expense that it may incur in (a) defending itself or seeking legal advice regarding any matter relating to the storage of your goods, and (b) defending itself of seeking legal advice because you have breached or broken any of the promises described in this Agreement.
2. Liability of the Company. The Company will be liable for its failure to provide reasonable care in the storage and safekeeping of your goods. However, because the unusual nature of household goods, this liability is limited to (a) sixty ($.60) per pound, per article, and up to a maximum of (b) a total of $2,000 for all your goods. The Company will only be liable for the payment of this, or any other amount, if it is determined that the Company breached its duty of reasonable care with respect to your goods. This amount of liability may be increased by your payment of a higher rate to the Company for the storage and safekeeping of your goods. You acknowledge that the Company has explained this fact to you and offer you the opportunity to pay a higher rate, in order to increase this liability amount.
3. Storage Lien. You agree that you have title to and/or the sole right to possession of the goods placed in storage, and that there is no other lien or interest in the goods owned by any person. You also agree that in the event you fail to pay to the Company its storage, transportation, and related charges, that the Company may sell your goods in accordance with applicable provisions of the State law in which the warehouse is located. You also agree that the Company has a warehouseman’s lien as well as a security interest against your goods to the extent of all money owed to the Company for storage, transportation, and related charges.
4. Non-Liability of the Company. Because of the nature of the Company’s business and the nature of household goods, there are certain events and circumstances which may result in loss or damage to the goods for which the Company will NO liability. These include loss or damage resulting from (a) war; (b) insurrection; (c) labor trouble; (d) acts of God; (e) acts of public enemy; (f) riots; (g) weather; (h) traffic; (i) elevator service; (j) inherent vice; (k) moths, vermin or other insects; (l) rust; (m) water; (n) changes in temperature; (o) fumigation; (p) deterioration; (q) dampness of atmosphere; (r) earthquake; (s) leakage; (t) heat; or (u) furniture assembled by the storage depositor commonly referred to as ready to assemble or knocked down (kd) furniture.
5. Special Documents. Unless a separate written agreement is made between you and the Company, the Company will have NO liability for loss or damage resulting to the following types of goods: (a) documents; (b) stamps; (c) securities; (d) specie; (e) jewelry; (f) or other articles of high or unusual value.
6. Mechanical Functions. The Company will not be responsible for loss or damage occurring with regard to the mechanical functions of items included with your goods in storage such as, but not limited to: (a) musical instruments; (b) radios; (c) stereo sets; (d) television sets; (e) computers; (f) refrigerators; (g) air conditioners; or (h) other instruments or appliances.
7. Change of Address. The Company is entitled to rely on the address which you have given the Company and you are entitled to rely on the address which the Company has given you, for all notices regarding the storage of your goods. No change of address will be valid unless it is in writing and actually received by the party being notified.
8. Termination of Storage. There are many reasons why it may be necessary for the Company to terminate the storage of your goods. This may occur due to a change in Company location, a change in the nature of the Company’s business, or many other factors not known by the Company at this time. The Company may terminate the storage of your goods by giving you thirty (30) days written notice. If you do not remove your goods after being given this notice, the Company has the right to relocate your goods to another location, and to bill you for any charges (including, among other things, transportation and re-inventory) resulting from this relocation.
9. Change of Rates. The rates which will be charged for storage and related services are those stated in the Storage Contract. However, the Company may adjust these charges during the time your goods are in storage. However, for any such change to be effective, the Company must give you thirty (30) days written notice of any such changes. If you do not wish to pay increased rate for the storage of your goods, you have the option to remove the goods upon the payment in full of your account balance.
10. Other Services. This Receipt & Storage Contract describes the legal responsibility of the Company to you with regard to the storage of your goods. It does not apply to transportation or other transactions. Other transportation documents will be provided by the Company to you if the Company is also acting as a Mover with regard to your goods.
11. Filing of Claims. If you wish to make a claim against the Company based on loss or damage to your goods, this claim must be in writing and must be delivered to the Company within sixty (60) days after the later of either (a) your knowledge of the loss or damage; (b) the Company’s written notice to you regarding the condition or loss of the goods; or (c) delivery of the goods to you. The Company and you agree that if such a claim is not filed on a timely basis, it may not be pursued by you against the Company. In addition, because of the nature of the Company’s business, it is necessary for the Company to be promptly aware of any potential claims or lawsuits against it. For this reason, you and the Company agree that if any legal action is to be started by you against the Company, it must be started within twelve (12) months after you have filed a written claim with the Company which complies with the requirements described above.
12. Entire Agreement. This is the complete agreement between you and the Company regarding the storage of your goods. While there may be laws or regulations which will apply to the relationship between you and the Company, there is no agreement which applies between you and the Company unless such other agreement is in writing and is signed by both you and a representative of the Company. If any part of this agreement is unlawful or determined to be unlawful, it shall be deemed amended to comply with any applicable law or determination.