Brauns International | USA
Terms & Conditions

Contract terms and conditions

Section 1. 
( a) The carrier or party in possession of any of the property here in described shall be liable as at common law, for any loss there of or damage thereto, except as hear in after provided.

(b) No carrier or party in possession of all or any of the property herein described shall liable for any loss thereof or damage thereto or delay caused by the act of God, the public enemy, the acts of public authority, quarantine, riots, strikes, perils of navigation, the act or default of the shipper or owner, the nature of the property or defect or inherent vice therein. Except in case of negligence of the carrier or party in possession, no carrier or party in possession of all or any of the property here in described shall be liable for the loss or damage there to, or responsible for its condition, operation, or functioning, whether or not such property, or any part of it is packed, unpacked, or packed and unpacked by the shipper, or its agent, or the carrier or its agent.  Except in case of negligence of the carrier or party in possession, no carrier or party in possession of all or any of the property herein described shall be liable for damage to or loss of contents of pieces of furniture, crates, bundles, cartons, boxes, barrels, or other containers, unless such contents are open for the carrier’s inspection, and then only for such articles as our specifically listed by the shipper and receipt for by the carrier or its agent. Carrier will not be liable for their loss or damage unless they have been listed. The company recommends that the customer takes such valuable items with him. 

(c) Except in case of negligence of the chariot or party and possession, the carrier or party in possession of any of the property here in described shall not be liable for delay caused by the highway obstruction, or faulty, or impassible highway, or lack of capacity of any highway, bridge, or ferry, or caused by breakdown or mechanical defect of vehicles or equipment.
(d) Except in case of negligence of the carrier or party in possession, the carrier or party in possession shall not be liable for loss, damage, or delay occurring while the property is stopped and held or stored in transit upon request of the shipper, owner, or party, entitled to make such request, whether such request was made before or after the carrier comes into possession of the property.
(e) In case of quarantine, the property may be discharged at the risk and expense of the owners into quarantine depot or elsewhere, as required by quarantine, regulations, or authorities, and in such case, carrier’s responsibility shall cease when the property is so discharged, or property may be returned to the carrier at owner’s expense to shipping point earning charges both ways. Quarantine expenses of whatever nature or kind upon or in respect to property shall be borne by the owners of the property or be a lien thereon. The carrier shall not be liable for loss or damage occasion by fumigation or disinfection or other acts done or required by quarantine regulations or authorities even though the same may have been done by carrier’s, officers, agents, or employees, nor for detention, loss, or damage of any kind occasion by quarantine, or the enforcement thereof.  No carrier shall be liable except in case of negligence, for any mistake, or inaccuracy in any information furnished by the carrier, it’s agents, or officers, as to quarantine laws are regulations. The shipper shall hold the carriers harmless from any expense they may incur, or damages they may be required to pay, by reason of the introduction of the property, covered by this contract into any place against the quarantine laws are regulations in effective such place. 
(f) Limitation of liability. Items with extraordinary value: documents, currency, money, jewelry, watches, precious stones, or articles of extraordinary value must be listed in writing. 
(g). The carrier shall not be liable for damage with containers packed by owner, unless there is exterior damage to the container.

Section 2.
(a) No carrier is bound to transport, said property by any particular schedule, vehicle, train, or vessel, or otherwise, then with reasonable dispatch. Every carrier shall have the right in case of physical necessity to forward side property by any carrier, or route between the point of shipment and the point of destination. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as a released value of the property as determined by the classification or tariffs upon which the rate is based, such lower value shall be the maximum amount to be recovered, whether or not such loss or damage occurs from negligence. 
(b) As a condition proceeded to recovery, claims must be filed in writing with the receiving, or delivering carrier, or carrier issuing this bill of lading, or carrier in possession of the property when the loss, damage, injury, or delay occurred, within 30 days after delivery of the property (or in case of export traffic, within 30 days after delivery at port of export) or, in case of failure to make delivery, then within 30 days after a reasonable time, for delivery has a lapsed; and suits shall be instituted against any carrier only within two years and one day from the day one notice in writing is given by the carrier to the claimant that the carrier has disallowed the claim, or any part or parts, there of specified in the notice.  Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, no carrier here under shall be liable, and such claims will not be paid. 
(c) Any carrier or party liable on account of loss or damage to any of property shall have a full benefit of any valuation that may have affected upon or on account of property so far as this shall not avoid the policies or contracts of valuation; provided that the carrier reimbursed, the claimant for the premium paid thereon.

Section 3. Except where such service is required as the result of carrier’s negligence, all properties shall be subject to necessary cooperage, packing, and repacking at owner’s cost.

Section 4. 
(a) Property not received by the party entitled to receive it within the free time (if any) allowed by tariffs lawfully on file (such free time to be computed as therein provided) after notice of the arrival of the property at destination, or at the port of export (if intended for export) has been duly sent or given and after placement of the property for delivery at destination, at the time tender of delivery of the property to the party entitled to receive it or at the address given for delivery has been made, may be kept in vehicle, warehouse or place of business of the carrier, subject to the tariff charge for storage and to carrier’s responsibility as warehouseman, only, or at the option of the carrier, may be removed to and stored in a warehouse at the point of delivery or at other available points, at the cost of the owner, and held without liability on the part of the carrier, and subject to a lien for all transportation and other lawful charges, including a reasonable charge for storage. In the event the consignee cannot be found at the address given for delivery, then in that event, notice of the placing of such goods in warehouse shall be left at the address given for delivery and mailed to any other address given on the bill of lading for notification, showing the warehouse in which such property has been placed, subject to the provisions of this paragraph. 
(b) Where nonperishable property which has been transported to destination here under is refused by consignee or the party entitled to receive it upon tender of delivery or said consignee or party entitled to receive it fails to receive it or claim within 15 days after notice of arrival of the property at destination shall have been duly sent or given, the carrier may sell the same at public auction to the highest bitter, at such place as may be designated by the carrier; provided, that the carrier shall have first mailed, sent, or given to the consigner noticed that the property has been refused or remains unclaimed, as the case may be, and then it will be the subject to sale under the terms of the bill of lading if disposition be not arranged for, and shall have published notice containing a description of the property, the name of the party to whom consigned, and the time and place of sale, once a week for two successive weeks, in a newspaper of general circulation at the place of sale or nearest place where such newspaper is published; provided, that 30 days shall have elapsed before publication of notice of sale after said notice that the property was refused or remains, unclaimed, was mailed, sent, or given. 
(c) We’re perishable property which has been transported here under to destination is refused by consignee or party entitled to receive it, or consignee or party, entitled to receive it shall fail to receive it promptly, the carrier may, and its discretion, to prevent deterioration or further deterioration, sell the same to the best advantage of public or private sale: provided, that if there be time for service of notification to the consigner or owner of the refusal of the property or the failure to receive it and request for disposition of the property, such notification shall be given, in such manner as the exercise of due diligence requires, before the property is sold. 
(d) Where are the procedure is provided for in the two paragraphs last proceeding is not possible, it is agreed that nothing contained and said paragraphs shall be constructed to abridge the right of the carrier at its option to sell the property under such circumstances and as in such manner as maybe authorized by law. 
(e) The proceeds of any sale may under this section shall be applied by the carrier to the payment of advances, tariff charges, packing, storage, and any other lawful charges, and the expense of notice, advertisement, sale, and other necessary expense, and of caring for and maintaining the property, if proper care of the same requires special expense; and should there be a balance, it shall be paid to the owner of the property sold hereunder.  
(f)  Where are the carrier is directed to load property (or render any services at) a place or places which the consigner or his agent is not present, the property shall be at the risk of the owner before loading. 
When the carrier is directed to load or deliver property (or render any services at) the place or places at which the consignee or its agent is not present, the property shall be at the risk of the owner after unloading or delivery.

Section 5. 
No carrier hereunder will carry or be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed herein.

Section 6. 
Explosives or dangerous goods will not be accepted for shipment. Every party whether principal or agent shipping such good shall be liable for and indemnify the carrier against all loss or damage caused by such goods and carrier will not be liable for safe delivery of the shipment.

Section 7. 
The owner or consign shall pay the advances, tariff charges, packing, and storage, if any, and all other lawful charges accruing on said property; but, except in those instances where it may be lawfully authorized to do so, no carrier, shell deliver, or relinquish possession at destination of the property covered by this bill of lading until all tariff rates and charges on have been paid. The consigner shall be liable for the advances, tariff charges, packing, storage, and all other lawful charges, except that if the consigner stipulates, by signature in the space provided for that purpose on the face of this bill of lading, that the carrier shall not make delivery without requiring payment of such charges, and the carrier, contrary to such stipulation, shall make delivery without requiring such payment,  The consignor (except as hereinafter provided) shall not be liable for such charges. provided, that, where the carrier has been instructed by the shipper, or consigner to deliver side property to a consign any other than the shipper or consigner, such consignee shall not be liability liable for transportation charges in respect of the property has been delivered to him, if the consignee a, is an agent only and has no beneficial title and said property, and B, prior to delivery of said property has notified the delivery carrier in writing of the fact that such agency and absence of beneficial title, and, in the case of a shipment consigned, or diverted to a point, other than the specified in the original bill of lab, has also notified the delivering carrier, and writing of the name and address of the beneficial owner of said property; and in such cases, the shipper, or consigner, or, in the case of a shipment, so consigned or diverted, the beneficial owner shall be liable  for such additional charges. If the consignee has given to the carrier erroneous information as to who the beneficial owner is, such consignee, show himself be liable for such additional charges. Nothing herein shall limit the right of the carrier to require at time of shipment, the prepayment of the charges.  If upon inspection it is ascertained that the article shipped are not described in this bill of lading, the advances or tariff charges must be paid upon the articles actually shipped. 

Section 8. 
If this bill of lading is issued on the order of the shipper, or his agent, in exchange, or in substitution for another bill of lading, the shippers signature to the prior bill of lading as to the statement of value or otherwise, or election for common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered as part of this bill of lading, as fully as if the same or written, or made in , or in connection with this bill of lading. 

Section 9.
Any alteration, addition, or eraser in this bill of lading, which shall be made without the special notation hearing of the agent of the carrier issuing this bill of lading shall be without effect, and this bill of lading shall be enforceable according to its original tenor.