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Terms of Use

Section 24. Bill of Lading—Contract Terms and Conditions

Except when transportation is performed under the provisions of Section 20 (b) (Bill of Lading and Rates), the following Contract Terms and Conditions apply to all transportation performed by NVL in addition to all other rules, regulations, rates, and charges in this and other applicable tariffs, which are available for inspection at the location(s) specified by NVL.

This contract is subject to all the rules, regulations, rates and charges in NVL’s currently effective applicable tariffs including, but not limited to, the following terms and conditions:

ITEM 1: NVL or party in possession 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 loss, damage or delay caused by or resulting:

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

(b) From defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein;

(c) 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 radioactive force whether 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; (4) seizure or destruction under quarantine or customs regulations; (5) confiscation by order of any government or public authority; or (6) risks of contraband or illegal transportation or trade.

(d) From terrorist activity, including action in hindering or defending against an actual or expected terrorist activity. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. The term “terrorist activity” means any activity which is unlawful under the laws of the United States or any State and which involves any of the following: (1) the hijacking or sabotage of any conveyance (including an aircraft, vessel, cab, truck, van, trailer, container or vehicle) or warehouse or other building; (2) the seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained; (3) an assassination; (4) the use of any (A) biological agent, chemical agent, or nuclear weapon or device, or (B) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property; or (5) a threat, attempt, or conspiracy to do any of the foregoing.

(e) 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 damage when NVL, after notice to shipper or consignee of a potential risk of loss or damage to the shipment from such causes, is instructed by the shipper to proceed with such transportation and/or delivery, notwithstanding such risk.

(f) From Acts of God.

SUBJECT, in addition to the foregoing, to the further following limitations on NVL’s or the party’s in possession liability:

NVL’s or the party’s in possession maximum liability shall be either:

    • The lump sum value declared by the shipper, which may not be less than $6,000 or $6.00 per pound multiplied by the actual weight of the shipment, in pounds, whichever is greater, or
    • The actual loss or damage not exceeding sixty (60) cents per pound of the weight of any lost or damaged article when the shipper has waived lump sum value liability and released the shipment to the carrier, in writing, with liability limited to sixty (60) cents per pound per article.

ITEM 2: NVL 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 NVL; nor shall NVL be bound to transport by any particular schedule, means, vehicle or otherwise than with reasonable dispatch. NVL 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.

ITEM 3: (a)  The shipper, upon tender of the shipment to NVL, and the consignee, upon acceptance of delivery of shipment from NVL, shall be liable, jointly and severally, for all unpaid charges payable on account of a shipment in accordance with applicable tariffs including, but not limited to, sums advanced or disbursed by NVL on account of such shipment. The extension of credit to either shipper 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) The shipper shall indemnify NVL against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods.

ITEM 4: If for any reason other than the fault of NVL, delivery cannot be made at address shown on the face hereof, or at any changed address of which NVL has been notified, NVL, at its option, may cause articles contained in shipment to be stored in a warehouse selected by NVL at the point of delivery or at other available points, at the cost of the owner, and subject to a lien for all accrued tariff charges.

ITEM 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 applicable charges in accordance with NVL’s applicable tariff, NVL may sell the property at its option, either (a) upon notice 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 NVL, thirty (30) days 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 tariff 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 NVL, such action is necessary to prevent deterioration or further deterioration.

ITEM 6: As a condition precedent to recovery, a claim for any loss or damage must be filed in writing with NVL within nine (9) months after delivery to consignee as shown on face hereof, and suit must be instituted against NVL within two (2) years and one (1) day from the date when notice in writing is given by NVL 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, NVL shall not be liable and such a claim will not be paid.

Note: Pursuant to the provisions of Section 144, Carrier Service, of Tariff NVL100, carrier will be responsible for delay-related expenses such as reasonable commercial lodging, 50% of reasonable food and other out-of-pocket expenses for shipments weighing more than 3000 pounds when a claim is filed within 30 days after delivery and receipts are provided, up to a maximum of 50% of the total linehaul transportation charge. In lieu of receipts, a minimum of $50 per diem will be honored.

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