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CONTRACT TERMS AND CONDITIONS

SECTION 1. The carrier shall be liable for physical loss of or damage to any articles from external cause while being carried or held in storage in transit EXCEPT for condition or flavor of perishable articles, and EXCEPT documents, currency, money, jewelry, watches, precious stones or articles of extraordinary value which are not specifically listed on the bill of loading, and EXCEPT loss or damage caused by or resulting:

(a) From an act, omission or order of shipper;

(b) From insects, moths, vermin and ordinary wear and tear;

(c) From defect or inherent vice of the article;

(d) From (1) hostile or warlike action in time of peace or war, including action in hindering, combating, or defending against an actual impending or expected attack (A) by any Government or sovereign power, or by any authority maintaining or using military, naval or air forces or (B) by military, naval or air forces; or (C) by an agent of any such government, power, authority or forces;(2) any weapon of war employing atomic fission or radio active force either in time of peace or war; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs, regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade; or

(e) From strikes, lockouts, labor disturbances, riots, civil commotion, or the acts of any person or persons taking part in any such occurrence or disorder.

SUBJECT, in addition to the foregoing, to the further following limitations on the carrier's liability:
(1) To 30ยข per pound of the weight of the lost or damaged article if the shipper has failed to make, in writing, any declaration of the value of the entire shipment(in which event the carrier will not be liable for breakage of china, glassware, bric-a-brac or similar articles of a brittle or fragile nature unless packed by the carrier or unless such breakage results from negligence of carrier); or

(2)If shipper has declared a value on the entire shipment less than the full, actual value, thereof, (a) to that proportion of the actual loss of damage represented by the percentage which the value declared on the entire shipment bears to the full actual cash value of the entire shipment, or (b) to the amount of actual loss or damage not exceeding thirty (30) cents per pound of the gross weight of each shipping package or loose article not enclosed in a shipping package, whichever is the greater; or

(3) To[[?]] the amount of actual loss or damage, if shipper has declared in writing the full actual value of the entire shipment.

SECTION 2. The carrier shall not be liable for delay caused by highway obstruction or faulty or impassable highways, or lack of capacity of any highway, bridge or ferry, or caused by breakdown or mechanical defect of vehicles or equipment, or from any cause other than negligence of the carrier; nor shall the carrier be bound to transport by any particular schedule, means, vehicle, or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessity to forward said property by any carrier or route between the point of shipment and the point of destination. 

SECTION 3. Shipper shall:
(a) Be liable for any and all charges applicable under carriers' tariffs, and pay therefor as provided in said tariffs; and
(b) Indemnify carrier against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods. 

SECTION 4. If for any reason other than the fault of the carrier, delivery cannot be made at address shown on the face hereof or at any changed address of which carrier has been notified, carrier, of its opinion, may cause articles contained in shipment to be stored in a warehouse selected by it at the point of delivery or at other available points, and there held without liability on the part of the carrier, at the cost of the owner and subject to a lien for all accrued tariff and other lawful charges. 

SECTION 5. If shipment is refused by consignee at destination, or if shipper, consignee or owner of property fails to receive or claim it within fifteen (15) days after written notice by United States mail addressed to shipper and consignee at post office addresses shown on face hereof, or if shipper fails or refuses to pay lawfully applicable charges in accordance with carrier's applicable tariff, carrier may set the property at its option either (a)upon the notice and in the manner authorized by law, or (b) at public auction to highest bidder for cash at a public sale to be held at a time and place named by carrier thirty (30) days of notice of which sale shall have been given in writing to shipper and consignee and there shall have been published at least once a week for two consecutive weeks in a newspaper of general circulation at or near the place of sale, a notice thereof containing a description of the property as described in the bill of lading, and the names of the consignor 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 owner of 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 filled in writing  with carrier within nine (9) months after delivery to consignee as shown on face hereof, or in case of failure to make delivery, then within (9) months after a reasonable time for delivery has elapsed; and suit must be instituted against carrier within two (2) years and one (1) day from date when notice in writing is given by 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, carrier shall not be liable and such a claim will not be paid.