“This contract terms and conditions is subject to all the rules, regulations, rates, and charges, in carrier’s currently effective applicable lawfully filed tariffs on file with the Surface Transportation Board or the Oregon Department of Transportation, or in the case of non-regulated shipments, this contract is subject to the carriers currently effective classification, tariffs, service guides and pricing agreements, including, but not limited to, the following terms and condition’s”
Particleboard Furniture/Ready to Assemble Furniture/Knocked Down Flat Furniture: LIMITATION of LIABILITY on READY to ASSEMBLE FURNITURE, (Subject to Notes 1 and 2) (This Item shall take precedence over all other Items in this Tariff) Definition: Ready to Assemble Furniture shall be defined as meaning articles which are shipped from place of manufacture in a knocked down “KD” or knocked down flat “KDF” condition to be assembled post-factory by a store, reseller or end-user. When the carrier is asked by the shipper to disassemble, move or reassemble Ready to Assemble Furniture, it shall be done at the owner’s risk and at a maximum liability on the part of the carrier of $97.00 per article. Furniture containing multiple pieces fastened together shall be one article. Regardless of the shipment valuation selected by the shipper, “Ready to Assemble Furniture” shall be released at 60 cents per pound, subject to the provisions named in this Item. Note 1: Furniture will NOT be subject to this Item provided it has BOTH of the two following features: A: All component panels are bordered by solid wood, veneer plywood or metal, AND B: All structural fasteners join into solid wood, veneer plywood or metal edges, rather than into other materials or into other fasteners or fastener components. Note 2: Furniture that is fully disassembled at origin and reassembled at destination, ( including removal and bagging of all hardware, fasteners, pins, studs, handles, hinges, cams, dowels and wafers) will not be subject to liability limitations of this Item provided. A: Disassembly, boxing of fasteners and reassembly is done by the owner of the goods, OR B: At the request of the shipper, and subject to availability of service, the carrier has arranged for third party disassembly and reassembly at actual cost plus $27.70 per shipment. The carrier will attach a copy of the invoice for these services to the freight bill. Exception: On articles purchased for over $300.00, if the owner of the furniture can present proof of purchase, the maximum liability on the part of the carrier shall be 60 cents per pound up to a maximum of 25% of the purchase value of the furniture. The carrier will transport a sealed box of fasteners, but the carrier will not be responsible for lost, missing or damaged fasteners or hardware when disassembly and reassembly is done by the owner of the goods.
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 lading, and except loss or damage caused by or resulting: From an act, omission or order of shipper; From defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein; 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 cx air forces; or (c) by any 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, rebel ‘ion, 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;
From strikes, lockouts, labor disturbances, riots, civil commotions, or the acts or any person or persons taking part in any such occurrences or disorder, or
From Acts of God when the shipper releases the value of each article in the shipment to a value not exceeding 60 cents per pound per article.
From breakage of china, glassware or similar articles of a brittle or fragile nature unless packed by the carrier or unless such breakage result from negligence of the carrier.
In addition to the foregoing, to the further following limitations on carrier’s liability. The carrier’s maximum liability shall be either:
1: Released Value Protection: Sixty (60) cents per pound for the actual weight of any lost or damaged article. The released value must be entered on the Bill of Lading in the following form and must be completed by the person signing the Bill of Lading.
2: Replacement Cost Protection: $6.00 times the actual weight (in pounds) of the shipment
or declared lump sum value, whichever is higher. When the shipper elects the Replacement Cost Protection option the following valuation charge shall apply:
For each $100.00, or fraction thereof, of declared value at $6.00 times the weight of the shipment in pounds or declared lump sum value, whichever is higher, the valuation charge shall be $.85 per each $100.00 of value.
a: When Replacement Cost Protection is ordered in writing by the shipper, the carrier will provide either replacement of articles lost or damaged while in the carrier’s custody, reimbursement for full replacement cost, or satisfactory repairs.
b: When Replacement Cost Protection is ordered, this Item applies in addition to other Items in this Tariff. Where provisions of this Item conflict with other Items in this Tariff, provisions of this Item will apply.
c: Replacement is defined as providing as good as, or equal to in economic value to the lost or damaged Item(s).
EXAMPLES: Released Value Protection As an example, if a 200 lb dresser is damaged, the shipper will be compensated at $.60/lb, or 200 x .60 = $120.00 Cost of protection for shipper : None. Replacement Cost Protection Goods are valued at a) $6.00/lb or b) a lumpsum amount declared by shipper, whichever is higher. If shipper does not declare a lumpsum value, then a 5000 lb shipment would be valued at $6.00 x 5000 lbs or $30,000. Regarding same damaged dresser, carrier either replaces item, pays for the repairs, or pays shipper for the item’s current market value. If shipper declares a value of $40,000, shippers cost is $.85/$100 of value x $40,000 = $340.00 Shipper compensation is same as in above example.
D: If a shipper refuses to agree to a declared valuation in writing, the shipment may be refused.
E: If shipper fails to state a declared value in writing, as required in Subsection B of this item, and the shipment is accepted by the carrier, the shipment will be deemed released to an
amount equal to $6.00 times the actual weight of the shipment (in pounds), and the carrier will provide Replacement Cost Protection at the shipper’s expense. For shipments moving under the rates named in Section 3, the released value of the shipment will be estimated calculating the weight of the shipment as 7 lbs per cubic foot of space utilized and then applying $6.00 times the estimated weight of the shipment. The valuation charge named in Subsection C-2 “Replacement Cost Protection” shall apply.
F: The declared value and the carrier’s maximum liability (whether or not loss or damage occurred from carrier negligence), as determined under this rule, shall apply to any claim resulting from the performance or failure to perform by the carrier of any service, including accessorial services, which the carrier has contracted to perform. Declared lump sum value means the value of the maximum liability of the carrier for the total body of goods transported.
G: On shipments which also involve storage-in-transit, the following valuation charge shall apply in addition to the charges named above:
Storage is charged per 30 day period, whether the actual storage period is one (1) or up to thirty (30) days. For each storage period, the carrier shall assess additional valuation rate of 10% of the applicable storage rate provided for in Item 910 Paragraph D subparagraph 1. H: Subject to the declared valuation, the carrier may elect to replace lost or damaged articles, to reimburse the shipper for the loss, or to make satisfactory repairs.
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 shell 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) upon tender of the shipment to carrier, and the consignee. Upon acceptance of delivery of shipment from carrier, be liable, jointly and severally. For all unpaid charges payable on account of a shipment in accordance with applicable lawfully filed tariffs including, but not limited to, sums advanced or disbursed by a carrier 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) Indemnify carrier against loss car 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 carrier, delivery cannot be made at address shown on the face hereto, or at any changed address of which carrier has been notified, carrier, at its option, may cause articles contained in shipment to be stored in a warehouse selected by it at die 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 ail 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 lawfully filed tariff, carrier may sell the property at its option, either (a) upon the notice and 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 by carrier, 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 consignee 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 d storing, caring for and maintaining property 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, claim for any loss or damage, injury or delay, must be filed in writing with carrier within three (3) months after delivery to consignee as shown on face hereof, or in ca.se of failure to make delivery, then within three (3) months after a reasonable time for delivery has elapsed; and tart most be instituted against carrier within two (2) years and one (1) day from the date when notice in writing is given by carrier to the claimant that carrier has disallowed the claim or any port 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.
SECTION 7. Payments for shipments having an origin or destination outside the boundaries of the United States shall be at total tariff charges in full and lawful currency of the United States or its equivalent
PARKING PERMITS: When the carrier is required to either obtain permit(s), place barricades, place parking meters hoods, and/or request parking permit placement verification to perform pickup and/or delivery because of the size, weight or nature of a shipment or due to local restrictions, a charge of $38.30 per hour, subject to a minimum charge of one (1) hour for vehicle and driver will be made for such service, plus the cost of the permit(s), if any. A copy of the paid receipt will be retained in the shipper’s file as proof of such permit charges. Time shall be computed to the nearest ¼ hour. Time will start with the departure of the vehicle from the carrier’s terminal and will cease upon the arrival of the vehicle at the carrier’s terminal. se upon the arrival of the vehicle at the carrier’s
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