Terms And Conditions – PLEASE READ CAREFULLY!
1. Definitions & Abbreviations
“BARRONARTS, or BA”, “The Carrier”: Barronarts, L.L.C. and its employees.
“Freight”, “Goods”: Items in whole or in part, in packed or unpacked state, that are and tendered to BA for transportation related services, and subject to the rules and limitations set forth below.
“Customer”: Person, parties or organizations who hire and employ BA to collect and deliver freight and perform transportation related services and who then become liable to remit BA for charges incurred.
“Shipper”: Person or parties who consign freight to BA for transport, packing and/or related services.
“Consignee”: Person or parties who receive freight from BA.
“Concerned Parties”: Persons who BA identify as connected to or involved with a shipment.
“Exclusions”: Conditions and occurrences, as set forth below, that protect and relieve BA from all liability and responsibility for loss and damage related to freight identified in section 4 of this contract.
“Insurance”: A premium charged to the customer which is based on a value on freight declared by that customer, and subject to all the limitations and exclusions set forth below. Payment of the insurance premium allows the customer to collect the declared value in the event of a loss or mishap that is attributable to events or occurrences during carrier’s possession of freight.
“NVD”: No value declared. Shipper consigns freight for carriage by BA and does not declare a value on that freight; thus releasing the carrier to its minimum level of liability as set forth in section 3.
“BOL”, “Bill of Lading”: A contract representative of an order for BA to perform transportation, packing and/or related services. This document is a Bill of Lading.
“COD”: Check or cash on delivery. Agreement to pay BA for services performed at time of delivery and/or completion of job.
“COPU”: Check or cash on pickup. Agreement to pay BA for services performed at time of pickup and/or beginning of job.
“PBS”: Packed by shipper, condition of contents unknown.
“On File”: Statement on face of this BOL that refers to information being kept in writing by BA management and not specifically listed on the face of the BOL.
“Reasonable”: Accepted as sufficient, rational, normal and common when compared to standard practices and procedures in the shipping industry.
2. Customer’s Obligations
A. Customers and their agents must read and understand the terms of this BOL. Carrier is not responsible for explaining all terms verbally.
B. All terms are binding once shipper, or his employee or agent acting on his behalf sign on reverse. In the event that shipper and his employees are acting as agents for the customer, it is the shipper’s responsibility to notify that customer of all terms as set forth above and below.
C. If BA is to receive freight that is PBS, it is the shipper’s responsibility to adequately pack and protect the goods to ensure safe transportation. The shipper is also obliged to properly label each item in order to prevent delay or errant dispatch.
D. Shipper and customer are obliged to provide accurate consignee information in order to prevent delay or errant dispatch. Furthermore, shipper and customer are jointly responsible to notify consignee of impending arrival of freight and secure approval for carrier’s delivery.
E. Failure to meet obligations as described may result in additional charges as set forth in section 9.
3. Limitations of Barronarts, L.L.C. Liability
A. The maximum liability of Barronarts L.L.C. for loss or damage by any cause, including negligence, is limited to $0.60 (sixty cents) per pound as determined by actual weight of unwrapped goods. In shipments of multiple items, the $0.60 per pound maximum liability shall apply to each item separately. To determine BA’s maximum liability on shipments released at $0.60 per pound for items being made subject to a claim when BA is not in physical possession of the freight, dimensional weight shall apply as determined with a cubic factor of 194 cubic inches per one pound. Should any claim in an amount in excess of the foregoing limits of liability be asserted against Barronarts, L.L.C. by a third party for loss or damage to freight handled by BA, the shipper, consignee, and customer agree to hold BA harmless as against any such claim. This provision shall be in force irrespective of the cause of such loss or damage, including negligence.
B. BA shall not be liable for loss or damage due to lack of detailed and specific customer instruction in handling and/or placement of goods. The provisions of this contract also extend to items damaged inside a shipper or consignee’s premises or place of business.
C. Barronarts, L.L.C. cannot be held responsible and shall remain exempt from liability for physical damage to freight, or loss caused by delay of delivery, when conditions beyond the carrier’s control are encountered during transit. Such conditions are listed below:
• Extreme weather and/or changes in temperature, acts of nature and God.
• Breakdown or mechanical defect of vehicles or equipment.
• Faulty or impassable highway; lack of capacity of roadway structures.
• Highway obstruction or closure due to official action.
• Civil disobedience, riots, strikes or lockouts; illegal or unlawful actions.
“Loss caused by delay” as stated above is hereby understood to also define and apply to loss of revenue, interest, market, and/or utility. BA is not bound to transport goods by any particular means, schedule, vehicle, or otherwise than with reasonable dispatch.
D. BA will be released from liability for freight when directed to accept and load or deliver and unload at locations where the shipper, consignee, customer or their agents are not present.
E. BA is only liable to effect inside delivery and will not be liable for unwrapping or unpacking freight unless such requests are ordered in advance and in writing. “Inside delivery” is hereby defined as delivery taking place inside consignee’s location or structure at or near a common point of entry and within a reasonably accessible area.
F. Claims regarding loss or damage of any kind must be made in writing and within seven days of the delivery date of shipment. BA reserves the right to inspect all items and wrapping materials that are being made subject to a claim. It is the responsibility of the consignee to retain the goods in the original container(s) and/or materials and to make such goods and materials available to BA or the carrier’s insurance company for inspection. Claims not reported within seven days of the delivery date shall be deemed waived. Claims are also subject to the terms of section 9D.
A. Customers automatically release the carrier from liability and responsibility for physical damage, loss or loss due to delay for items of freight as listed below:
• Items improperly or inadequately packed or mislabeled by the shipper.
• Items containing internal damage or concealed breakage; glass and ceramic with existing cracks.
• Items of inherent vice or weakness due to poor craftsmanship in fabrication.
• Items containing internal mechanics or instrumentation.
• Items with waxen, resinous, or viscous surface area, be they in wet, semi-dry, or hardened state.
• Damaged or excessively worn antique items in disrepair, items exhibiting prior repairs or breakage.
• Uncured and/or not thoroughly dry paintings; uncured and/or unset varnish applied to furniture.
• Items with directional orientation to which the shipper does not affix descriptive arrows in advance.
• Items shipped unwrapped at the stated request of the shipper.
In relation to subjective terms as used above (“inadequately packed”, “inherent vice”, “excessively worn”, etc.) it is understood that the customer allows and releases BA to define and interpret these terms as reasonably and commonly acceptable in BA’s industry and as applied against common and previous occurrences in the normal course of packing and shipping.
B. The carrier will not transport currency, specie, precious stones, jewelry, or negotiable documents at any time. In the event that the carrier is made to transport such items without the carrier’s knowledge or consent, the carrier shall remain at no liability whatsoever for or in connection with the goods.
C. The following types of freight will not be transported by the carrier under any circumstance:
• Contraband or illegal substances; firearms or ammunition.
• Explosive, chemical, noxious or dangerous goods.
• Livestock, plants, biological or hazardous goods.
The act of consigning items of these types to BA which are willfully disguised by the shipper, acting with or without knowledge of the customer, shall entitle BA to recover any and all costs for fines, penalties, legal fees, damage to BA equipment and/or personal injury and compensation to BA employees. The customer also shall be liable for and indemnify the carrier against all loss or damage to other property or persons caused by said dangerous goods. The carrier is at liberty to dispose of any items consigned with or associated with said dangerous goods at any time and place deemed appropriate by the carrier with disposal charges billable to the customer.
A. BA does not automatically provide carriage insurance. Insurance may be purchased at a premium that is based on the value of goods in transit and is added to the cost of the carrier’s services. Said value must appear on the face of the BOL and may only be entered by employees of the carrier. Declared values may not be altered once freight has been received for transport unless the carrier issues written consent for such alteration.
B. BA reserves the right to inspect all freight under consideration for insured transit. BA employees shall be at liberty to effect additional wrapping and packing on such items, even in the event that such services were not originally requested. Additional charges incurred for packing will be the responsibility of the customer. BA shall only be responsible to inspect for surface conditions and apparent damage; all foregoing exclusions of this contract shall remain in force with the exception of section 3A.
C. In the event that insurance coverage is purchased and freight is accepted for transport that is packed by the shipper in advance of BA’s pick-up, then a “Total Loss” type insurance shall be in force. Total Loss type insurance covers losses incurred due exclusively to the following:
• Theft, hijacking, or other felonious activity.
• Fire, explosion, or other violent action.
• Complete disappearance or accidental loss of entirety of items.
• Puncture or rupture to packaging attributable to occurrences while in carrier’s possession.
D. Insurance covers freight only and does not cover value of packing containers or shipping charges. BA shall not be responsible to substantiate values of goods in transit; nor is the carrier responsible to provide proof of origin or authenticate in any way such goods in transit regardless of description listed on the face of this contract. Customers may not over-value goods or otherwise insure goods in transit in excess of their fair market values. The responsibility for providing documented proof of value in a claim shall rest entirely with the customer.
E. Groups or multiple items of freight consigned for insured transport to which the customer assigns only one total insurance value for all items shall be insured by BA for total loss of the entire lot only. Loss to any individual items will not be covered under this type of insurance and will be at the risk of the customer. This limitation shall apply whether or not BA effects any packing to the freight.
F. BA reserves the right to decline to provide insurance coverage based on BA’s inspection of freight. Any item that is deemed unfit to be covered by BA’s insurance policy will not be extended coverage. In such cases the insurance premium shall be removed from the customer’s bill.
6. Bills of Lading
A. Only BA employees may alter the face of BA BOLs. In the event that any shipper or consignee alters an BA BOL by making written additions or omissions, without permission of the carrier, BA shall be released from providing or completing services related to those additions or omissions. All conditions set forth on this side of the BOL (the reverse) are binding and cannot be modified, altered or waived by any person including BA employees, save for officers of the carrier, and then only in writing and when signed by such an officer.
B. BA retains the right to prepare other BOLs and addenda as necessary to sufficiently describe freight in transit. Should the customer, by his requests or actions, instigate the carrier to exchange this BOL for another, the shipper’s signature on the original BOL shall enforce and transfer all conditions, instructions and/or values from the original BOL onto any subsequent BOL bearing the same reference number.
C. If in the opinion or judgement of the carrier it becomes at any stage necessary or desirable to depart from customer’s instructions in relation to freight in transit, then the carrier shall be at liberty to do so. The carrier is also at liberty to execute any new BOL information or instructions as deemed necessary in the interest of safe handling of the freight.
7. Use of Other Carriers
A. In the event that freight cannot be delivered to its destination, BA may engage other carriers at BA’s discretion; these services to be engaged after reasonable attempts to verbally contact concerned parties to the shipment. Should another carrier become the consignee, all provisions of this contract terminate at the time of consignee’s receipt and signature. It is understood that BA’s receipt of other carrier’s BOL or receipt ticket constitutes an agreement between BA and its customer to release freight to that other carrier and for said freight to be then governed by said other carrier’s terms and conditions as set forth on other carrier’s BOL or receipt ticket. BA shall not be liable to review other carrier’s terms and conditions in full.
B. Customers who order BA services in advance that are pre-arranged to involve BA plus other carriers understand that they are also bound by the terms of section 7A.
8. Incomplete Bills of Lading
A. In the event that freight remains unclaimed after ninety (90) days due to failure or refusal of consignee to receive, or due to inability of BA to contact concerned parties after reasonable effort, then said freight will be placed at the disposal of BA for lien or sale in order to recoup transport related charges due, as well as normal and reasonable storage fees and costs of disposal or sale. Prior to such disposal or sale BA will notify all concerned parties in the shipment by US Mail and will enclose complete inventory and written terms of said disposal or sale.
B. Should a customer or concerned party to a shipment redirect freight outside of BA’s route area in mid-transit, or otherwise render freight not deliverable, BA shall retain the right to create new BOLs and direct freight via BA or outside carriers as set forth above. BA all retains the right to deliver freight to a warehouse selected by BA at the destination city or at an intermediate point, with charges for such warehousing payable by the customer. All additional charges incurred by such actions shall be the responsibility of the customer unless BA receives and approves written instructions prior to delivery.
C. Shippers and consignees agree to be available to BA for pick-up and delivery during regular business hours or to arrange reasonable appointment times with BA directly. BA reserves the right to assess additional charges pertaining to BOLs in which parties fail to arrange to adequately complete shipment by means of delay, impediment, omission of information and/or unwillingness to schedule.
9. Rate Application and Payment Terms
A. Estimates and quotations are issued on the basis of immediate acceptance; the carrier maintains the right to withdraw or revise any estimate, whether issued verbally or in writing. Should any changes occur in regards to the rate of freight, insurance premium, or any other charges that are applicable to the goods, then estimates and charges shall be subject to immediate revision accordingly. The carrier may make such revision with or without notification to the customer, even after the carrier has accepted the goods. Conditions which nullify estimates and cause rate adjustment may include, but not be limited to, the following:
• Additional volume in the form of larger or heavier freight.
• Additional pick-ups, deliveries, packing/unpacking services and/or materials.
• Delays due to lack of preparation, waiting time, poor access and/or non-availability of freight.
• Delays due to errors or omissions made by the customer or concerned parties.
B. Payment terms are net receipt upon presentation of invoice unless otherwise stated on the face of this BOL. Invoices past due more than thirty days are subject to 1.5% per month service charge. BA reserves the right to assess fees to the customer for collection procedures on delinquent accounts including, but not limited to, costs for administration, communication, legal procedures and interest on unpaid amounts. It is further understood that customer, shipper, consignee and owner of freight shall remain jointly and severally liable for such charges until payment in full is made to BA.
C. No claims for loss or damage will be entertained until all carrier’s charges have been paid in full. The amount of the claim may not be deducted from the total due and payable charges.
Please contact us if you have any questions or need clarification.