Carrier's Limited Liability
In the absence of a 'declared value' noted by the shipper at
the time of pickup by the carrier, the carrier's limits of
liability will be .500 per pound or $50.00 minimum for loss
or damage to the shipments contents.
Concealed Damage - Carrier Liability
Time Limits - Carrier Liability
Concealed damage claims require notification to the carrier
by registered letter within (5) days total after delivery
date. Notification of concealed damage or loss beyond the
(5) day time limit will result in declination of the claim.
Formal claims must be filed within 15 (total days) after
delivery date. Failure to file a formal claim within the
above mentioned time (imitations will result in declination
of the claim.
Terms, Conditions and Limitations of Liability
- Shipper agrees that the goods described herein are
accepted in apparent good order (except as noted) for
transportation as specified, subject of governing rules
and tariffs in effect an the date of this bill of
lading.
- All weights entered on this bill of lading are
subject of verification by the Carrier, If dimensional
weight applies under terms of governing tariffs,
dimensions of the shipment, in inches, are to be shown
on the bill of lading.
- LIMITATION OF LIABILITY
Carriers liability for loss or damage is limited to
$50.00 for any shipment of 100 pounds or less; and
carriers liability for shipments greater than 100 pounds
is limited to $.50 (fifty cents) per pound, applicable
only to that portion of the shipment actually lost or
damaged, UNLESS THE SHIPPER DECLARES AND PAYS FOR A
HIGHER VALUE.
The shipper may increase Carrier's liability by
declaring and initialing a higher value on the face of
the bill of lading and paying the additional charges.
Declared value may not exceed actual value. Carrier's
liability for complete lose or damage will be the lesser
of the total declared value or the total actual value.
Carrier's liability for partial loss or damage will be
prorated based on the ratio of total declared value to
total actual value. For example: Shipper tenders goods
with a total actual value of $20,000. Shipper declares
and pays for a value of $10,000. Partial loss or damage
occurs in the amount of $8,000. Claim would be settled
for $2,000 (ratio of total declared value of $10,000 to
total actual value of $20,000 X partial loss or damage
of $8,000 = $4,000).
The Carrier will not be liable for the Shippers acts,
defaults, or omissions including but not limited to,
improper or insufficient packing, securing, marking or
addressing or for the acts, defaults, or omissions of
the party receiving the goods or any other party with an
interest in the goods.
The Carrier will not be liable for the loss, damage, or
delay caused by events it cannot control or foresee,
including but not limited to, acts of God, acts of
public enemies, acts of public authorities, quarantine,
inherent vice, strikes. riots, and civil commotions.
Base Transportation Rate and an excess value charge of
65 cents per $100.00 or fraction thereof by which the
released value exceeds that for which the base rate
applies.
THE CARRIER WILL NOT BE LIABLE FOR SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER OR NOT THE
CARRIER KNOW THAT SUCH DAMAGES MAY BE INCURRED.
- CLAIMS
Southland will not be liable for any claim for
damages discovered after delivery of a shipment. And not
noted on the delivery receipt.
Any claim for loss or damage noted at the time of
delivery must be submitted to Carrier, in writing,
within 15 days (total) after acceptance of shipment by
Carrier.
No claim for loss or damage will be processed until all
transportation charges have been paid.
Claims cannot be deducted from transportation charges.
Claims must be submitted in writing to the Claims
Department, 5024 Katella Ave. Ste. 324. Los Alamitos,
CA. 90720
- LIMITATION OF ACTIONS
Southland will not be liable in any action of enforce a
claim unless (1) the above-mentioned terms and
conditions have been complied with by the Claimant and,
(2) such action is presented within two years from the
date the Carrier notified Claimant, in writing, that it
had disallowed the claim in whole or in part.
Southland shall be entitled to reasonable attorney's
fees in any action it takes to collect charges for this
shipment.
Any disputes, disagreements or litigation arising as a
result of this invoice, or the contract for
transportation services represented by this invoice or
any associated bills of lading or other documents
associated herewith, shall be subject to the
jurisdiction and venue of the Compton Court, Compton,
Los Angeles, California. Both parties to this invoice
expressly acknowledge and agree that this agreement
relative to jurisdiction and venue is a condition
precedent to Southland hauling or delivering any freight
or goods whatsoever. This agreement as to jurisdiction
and venue may only be waived in writing and signed by an
authorized representative of Southland distribution,
Inc.
- OTHER
No employee, agent, servant, or representative of
Southland has the authority to add, alter, modify, or
waive any provision of this contract, governing rules,
or tariffs.
RULE 95 - INDEMNIFICATION
The shipper and the consignee shall be liable, jointly and
severally, to pay or indemnify Southland. for all claims,
fines, penalties, damages, attorney's fees, court costs and
fees, other costs and sums which may be incurred, suffered
or disbursed by Southland, by reason of any violation of any
of the rules and regulations contained in Southland rules
and regulations or any other default of the shipper or
consignee with respect to a shipment.
RULE 100 - LIABILITY FOR CHARGES
The shipper and consignee shall be liable, jointly and
severally, for all unpaid charges payable on account at a
shipment pursuant to applicable rules and regulations
including, but not limited to, sums advanced or disbursed by
Southland on account of such shipment.
CARRIER'S LIEN
Southland Distribution, Inc. shall have a lien on the
shipment for all sums due and payable to Southland
distribution, Inc. pursuant to Rule 95 and Rule 100. In the
event of nonpayment of any sums payable to Southland
Distribution, Inc., Southland Distribution, Inc. will hold
the shipment subject to storage charges and/or will dispose
of the shipment at public or private sale. Without notice to
shippers or consignee, paying itself out of the proceeds of
such sale of sums due and payable, including storage
charges.
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