General and Specific Contract Terms and Conditions
SECTION A: BOX BROTHERS, hereinafter designated as BB, at all times herein mentioned, acts only in the capacity as agent for carrier named on the reverse side hereof, and represents itself to shipper and/or owner only in such capacity.
SECTION 1: Carrier or party in possession shall be liable for physical loss of or damage to any article from external cause after being tendered EXCEPT loss, damage or delay caused by or resulting:
- (a) From an act, omission or order from the shipper and/or owner;
- (b) From magnetic media, detect or inherent vice of the article including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein or because of insects, moths or vermin;
- (c) From delay caused by strikes, lockouts, labor disturbances, riots, civil commotions, or the acts of any person or persons taking part in any such occurrence or disorder, and from loss or damge after notice to shipper and/or owner or consignee of a potential risk of loss or damage to the shipment from such causes, and instructions to proceed with delivery are given, notwithstanding such risk;
- (d) From acts of God;
- (e) From damages to any shipper and/or owner of business and/or loss of revenue or property due to delay of, loss of or damage to any article and/or shipment processed by carrier or party in possession;
- (f) From any consequential damages such as rental or inconvenience due to delay or loss of or damage to any article and or shipment processed by carrier or party in possession;
- (g) From damage to any shipment packaged by the shipper and/or owner of any other person or agency not employed by carrier;
- (h) From damage to any shipment resulting from internal electronics or machinery unable to be packed or stabilized by either BB or shipper and/or owner;
- (i) From any and all electronic malfunction concerning which no external damage is apparent unless BB is instructed by the shipper and/or owner to demonstrate;
- (j) Any parcel containing personal goods shipped to accommodate employer or employee.
SUBJECT, in addition to the foregoing, to the further following limitation on the liability of carrier or party in possession.
Maximum liability shall be:
- (1) The amount of the actual loss or damage according to carrier’s limit, if the shipment is tendered at release value;
- (2) The amount of actual loss or damage not exceeding the actual declared value if the shipment is tendered at actual valuation.
SECTION 2: Carrier or party in possession shall not be liable for delay causes by highway construction, or faulty or impassible highways, or lack of capacity of any highway, bridge or ferry, or caused by breakdown or mechanical defect of vehicles or equipment.
- (a) Shipper and/ or owner, upon tender of the shipment to BB an the consignee, upon acceptance of delivery of the shipment shall be liable, jointly and severally, for all unpaid charges payable on account of a shipment including, but not limited to, sums advanced or disbursed by BB on account of such shipment. The extension of credit to either shipper and/or owner or consignee for such unpaid charges shall not thereby discharge the obligation of the other party to pay such charges in the event the party to whom credit has been extended shall fail to pay such charges.
- (b) Shipper and/or owner shall indemnify BB against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods.
- (c) Shipper and/or owner shall indemnify BB against loss or damages as to any items concerning which BB was not aware.
- (d) Shipper and/or owner shall indemnify BB against any damage or malfunction to the internal structure of an item of which BB either by physical inability or as a result of shipper order, cannot inspect the packaging or arrangement thereof.
SECTION 4: If for any reason other than the fault of BB, delivery cannot be made at the address shown on the face hereof, or at any changed address of which BB has been notified, at its option, BB may cause articles contained in the shipment to be stored in a warehouse selected by it at the point of delivery or at other available points, at the cost of the shipper and/or owner, and subject to a lien for all accrued lawful charges.
SECTION 5: If the shipment is refused by the consignee at destination, or if the shipper and/or owner or consignee fails to receive or claim it within fifteen (15) days after written notice to the shipper and/or owner and consignee at the addresses shown on the face hereof, or if shipper and/or owner fails or refuses to pay lawfully applicable charges, BB may sell the property at its option, either (a) upon notice in the manner authorized by law, or (b) at public auction to the highest bidder for cash at a public sale to be held at a time and place named, thirty (30) day notice of which sale shall have been given in writing to shipper and/or owner and consignee. The proceeds of any sale shall be applied toward payment of lawful charges applicable to shipment and toward expenses of notice, advertising and sale, and of storing, caring for and maintaining property prior to sale, and the balance, if any, shall be paid to the owner of the property; PROVIDED that any perishable articles contained in said shipment may be sold at public or private sale without such notices if, in the opinion of carrier such action is necessary to prevent deterioration or further deterioration.
SECTION 6: As a condition precedent to recovery, a claim for any loss or damage, injury or delay, must be filed in writing with BB as agent for carrier with in thirty (30) days after delivery to consignee as shown on fare hereof, or in case of failure to make delivery, then within thirty (30) days after a reasonable time for delivery have elapsed, and suit must be institutes against any carrier with in six (6) months from the date when notice in writing is given by BB as agent for carrier to the claimant that carrier has disallowed the claim or any part or parts thereof specified in the notice. Where a claim is not filed or suit is not instituted thereon in accordance with the foregoing provisions, BB shall not be liable and such claim will not be paid.
- (a) Retained articles are:
- (1) Items returned to BB as undeliverable or damaged by a carrier;
- (2) Items which cannot be released to a carrier due to lack or satisfactory payment by the shipper and/or owner;
- (3) Items left with BB for packaging that remain in the store for more than two (2) days after BB notifies the shipper and/ or owner that the items are ready for pickup, or items left with BB at shipper’s and/or owner’s request which do not have an address or telephone number, have not been paid in full and/or items which cannot be shipped due to incomplete or incorrect information from shipper and/ or owner.
- (b) BB will notify the shipper and/or owner of retained articles by telephone, facsimile of letter or U.S. mail within two (2) days of receipt of the article;
- (c) The shipper and/or owner is required to pick up the retained articles or to make arrangements with BB for their disposition with in (10) business days after notification.
- (d) After sixty (60) days from initial notification to the shipper and/or owner, BB will have the right to dispose of the articles in accordance with the procedure described in Section 5 herein.
- (a) Carrier or party in possession shall not be liable for customs, duties or other destination charges, including island charges ( Domestic or International );
- (b) Shipper and/or owner must note any external damage to the shipment BEFORE SIGNING any documents;
- (c) If damage is discovered after shipment is opened, shipper and/or owner and/or consignee must:
- (1) Retain all cartons, packaging materials and items, in the same condition as they arrived until further instructions;
- (2) Notify BB within 96 hours for assistance;
- (3) Comply with reasonable request of BB, or its agent, to assist in the prosecution of the claim.