Passport Transport (“Carrier”) shall provide transportation, handling, delivery, and related services (the “Services”) for the goods described on the face side hereof (the “Goods”) on behalf of the shipper named on the face side hereof (“Shipper”). As part of the Services, Carrier shall deliver the Goods only to the consignee named on the face side hereof (“Consignee”). Carrier shall provide the Services pursuant to these terms and conditions, together with the quotations, terms, and conditions on the face side of this document (collectively, this “Bill of Lading”).
Carrier shall be liable as at common law for any loss or damage to the Goods, except as provided below. (a) Carrier shall not be liable for any loss of or damage to the Goods or for any delay caused by an Act of God, public enemy, the authority of law, or the act or default of Shipper. Except in the case of the negligence of Carrier, Carrier shall not be liable for loss, damage or delay which results: (i) when the Goods are stopped and held in transit on the request of Shipper or other party entitled to make such request; (ii) from faulty or impassable highway, or by lack of capacity of a highway bridge or ferry; (iii) from a defect or vice in the Goods, or (iv) from riots or strikes. (b) Shipper is responsible for properly preparing their vehicle for inspection and shipment (special handling requirements, washing vehicle, removing mud, dirt, snow, fluids including anti-freeze, etc.). Carrier is not responsible for scratches, paint chips, pits, dings, etc. which are not visible at time of inspection due to poor preparation of the vehicle by Shipper or due to poor visibility (rain, darkness, snow, etc.).
(c) Consignee, at delivery, has the responsibility to inspect the vehicle noting damage listed at origin and signed by the person authorized to release the vehicle. Consignee is responsible to notate any damage not already on the inspection report prior to signing said report. (d) Carrier is not responsible for any items inside the vehicle or in the trunk, including but not limited to jacks, lug wrench, tools, spare tire, etc. (e) Carrier is not responsible for damage caused by fluids leaking from the vehicle (battery acid, brake fluid, cooling systems, anti-freeze, etc.) (f) Carrier is not responsible for the mechanical parts and/or mechanical condition of the vehicle being transported, and is not responsible for damage caused by the mechanical parts and/or mechanical condition of the vehicle being transported. (g) Carrier is not responsible for normal wear and tear to the exterior or interior surfaces (metal, glass, rubber, carpet, leather, etc.), or for any quality in the vehicle that causes it to damage or destroy itself, hidden or latent defect, gradual deterioration or depreciation. (h) Carrier is not responsible for damage to vehicle under carriage or interior except to the extent such damage is found to be a direct result of the sole, negligent acts or omissions of Carrier. (i) Carrier is not responsible for damage due to defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature or humidity changes therein. (j) Carrier shall have the right in case of physical necessity, and/or operating authority limitations, to forward said property by any carrier or route between the point of shipment and point of destination.
Shipper, upon tender to Carrier, and Consignee, upon acceptance of delivery from Carrier, shall be liable, jointly and severally, for all unpaid charges on account of shipment, including but not limited to sums advanced or disbursed by Carrier. Failure to pay the charges within 30 days of delivery constitutes an absolute bar to any claim for property damage. Absent a written agreement, all charges shall be as set forth in Carrier’s terms and conditions as maintained at Carrier’s place of business and in effect on the date Services are provided. If the description of the Goods or other information on this Bill of Lading is found to be incorrect or incomplete, the charges will be based upon the Goods actually shipped.
If Consignee refuses the shipment tendered for delivery by Carrier or if Carrier is unable to deliver the Goods, because of fault or mistake of Shipper or Consignee, Carrier’s liability shall then become that of a warehouse operator. Carrier shall promptly attempt to provide notice, by telephonic or electronic communication to Shipper. Storage charges shall start no sooner than the next business day following attempted notification. Storage may be, at Carrier’s option, in any location that provides reasonable protection against loss or damage. Carrier may place the shipment in public storage at Shipper’s expense and without liability to Carrier. If Carrier does not receive disposition instructions within 48 hours of the time of Carrier’s attempted first notification, Carrier will make a good faith effort to issue a second and final confirmed notification. Such notice shall advise that if Carrier does not receive disposition instructions within 10 days of that notification, Carrier may offer the Goods for sale at a public auction pursuant to Section 7-210 or Section 7-308 of the Missouri Uniform Commercial Code.
Carrier has a lien on the Goods or on the proceeds thereof for charges after the date of Carrier’s receipt of the Goods for transportation, including demurrage and terminal charges, and for expenses necessary for preservation of the Goods incident to their transportation or reasonably incurred in their sale.
Carrier shall not be liable in any event for any special, incidental, extended or consequential damages, including but not limited to loss of profits or income, whether or not Carrier had knowledge that such damages might be incurred.
Carrier shall not be liable if a claim is not filed, or a suit is not instituted thereon, in accordance with the following provisions:
(a) Claims for loss, damage, or delay must be filed in writing with Carrier.
(b) Claims for loss or damage must be filed at the time of delivery.
(c) Claims must be notated on this form by individual accepting vehicle at delivery regardless of day or night at time of delivery and signed by driver. Damage claims must be accompanied by a minimum of two (2) written estimates and photos of claimed damage. Carrier reserves the right to hire independent licensed adjustor and to pay the lowest estimate.
(d) Carrier will have the full benefit of any insurance policies or contracts claimant has in effect on the Goods; provided that Carrier receiving the benefit of such insurance must reimburse the claimant for the premium paid on the insurance policy or contract.
Carrier will not be required to carry or be liable in any way for any documents, coins, money, or articles of extraordinary
value, unless a special agreement to do so and a stipulated value of the articles are indorsed on the face side of this Bill of Lading.
If Shipper ships explosives, dangerous, or hazardous goods without previous full written disclosure to Carrier of their nature, Shipper shall be liable for and indemnify Carrier against all loss or damage caused by those goods. Carrier may, but shall have no obligation to, warehouse such Goods at Shipper’s risk and expense or destroy such Goods without liability to Carrier.
Carrier claims all salvage rights on damaged parts. Parts must be held for pickup for a minimum of 30 days. Whenever property that is transported by Carrier is damaged or alleged to be damaged and is, as a consequence thereof, not delivered or is rejected or refused upon tender thereof to the Consignee, Carrier, after giving due notice whenever practicable to the owner and other parties that may have an interest therein, and unless advised to the contrary after giving such notice, will undertake to sell or dispose of such property or by the employment of a competent salvage agent. Carrier will only dispose of the property in a manner that will fairly protect the interests of all persons having an interest therein. Carrier will make an itemized record sufficient to identify the property involved so as to be able to correlate it to the shipment or transportation involved and claim, if any, filed thereon. Whenever disposition of salvage will be made directly to an agent or employees of Carrier or through a salvage agent or company in which Carrier or one or more of its directors, officers, or managers has any interest, financial or otherwise, Carrier’s salvage records will fully reflect the particulars of each transaction or relationship. Upon receipt of a claim on a shipment on which salvage has been processed in the manner herein before prescribed, Carrier will record on its claim file thereon the lot number assigned, the amount of money recovered, if any, from the disposition of such property, and the date of transmittal of such money to the person or persons lawfully entitled to receive the same.
Any alteration, addition, or erasure in this Bill of Lading made without the special notation of Carrier will be without effect, and this Bill of Lading will be enforceable according to its original tenor.
In the event any lawsuit is filed against Carrier regarding any claim arising under this Bill of Lading or any claim for
negligence, Shipper agrees that such suit shall only be filed in the Circuit Court of Laclede County, Missouri. This Bill of Lading and all transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Missouri without regard to its choice of law or conflicts of law principles.
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