Terms and Conditions

CONTRACT TERMS AND CONDITIONS OF UNIFORM HOUSEHOLD GOODS BILL OF LADING

The following terms and conditions apply to all services performed by the carrier under this contract. This contract is also subject to all rules, rates, and charges in the current tariff published by, or on file with, the Washington Utilities and Transportation Commission:

SECTION 1.

(A) THE CARRIER IS LIABLE for physical loss of, or damage to, any article from external cause while being packed, unpacked, loaded, unloaded, carried, or held in Storage-in-Transit, including breakage, if the articles are packed by the carrier and/or if the breakage results from negligence of the carrier. The carrier is liable directly to the customer for loss and damage, regardless of any cargo insurance policies the carrier may have. The carrier’s liability is subject to the limitations of liability described in Section

2. Customers may include the following items in a shipment however, the carrier is not responsible for the condition or safe delivery of:

• Coins, currency deeds notes, postage stamps, letters, drafts or valuable papers of any kind.
• Jewelry, precious stones, or precious metals.
• Items of extraordinary value.
• Items requiring temperature control.
• Household pets.
• Perishable items.
• Furniture or other items made of pressboard particle board or similar pressed material.

(B)  THE CARRIER IS NOT LIABLE for the loss of or damage to any article from external cause while being carried or held in Storage-inTransit, due to the following circumstances:

a)  Breakage, when items are packed by the customer or the customer’s representative unless it can be proved that the breakage resulted from negligence by the mover in handling the articles.

b) . Internal damage to electronics (radios, stereos, VHS players, CD/DVD players, televisions, computers, printers, scanners, etc.) when no visible damage to the external packaging or contents exists or if the item was packed by the customer or the customer’s representative.

c) .  Loss or damage from insects, moths, vermin, mold, fungus or bacteria within the customer’s belongings or that develop therein due to conditions present before the carrier picks up the customer’s belongings.

d) . Loss or damage because the item was in an obvious state of disrepair at the time of shipment, provided that the carrier noted the disrepair on the inventory.

e)  An act, omission, or order of the customer, or loss or damage resulting from the customer’s inclusion in the shipment of such articles as explosives, dangerous articles or dangerous goods.

f) . Defective design of an article, including susceptibility to damage because of atmospheric conditions such as temperature or humidity changes.

g) . Hostile or warlike action or use of any weapon of war (in time of peace or war), terrorism, insurrection, rebellion, revolution, civil war, usurped power, and action taken in hindering, combating, or defending against such occurrences: a) by any government or sovereign power, or by authority maintaining or using military forces; b) by military forces; or, c) by an agent of such government, power, authority or forces.

h)  Seizure, confiscation or destruction under quarantine by order of any government or public authority.

i)  Strikes, lockouts, labor disturbances, riots, civil commotions or the acts of any person or persons taking part in any such occurrence or disorder.

j) . Acts of God.

Carriers will not accept the following items for shipment:

1. Explosives
2. Dangerous goods.
3. Property liable to damage carrier equipment or other property.

The customer assumes all liability for goods he/she leaves unattended before pickup by the carrier. The customer also assumes all liability for goods when the customer directs the carrier, in writing, to unload or deliver property at a location that will be unattended.

SECTION 2.  The carrier’s maximum liability shall be determined based on the valuation option selected by the customer on the face of this contract.

1. If the customer selected Basic Value Protection, the carrier’s maximum liability shall be the actual loss or damage not exceeding $0.60 per pound of weight of any lost or damaged article(s).
2. If the customer selected Replacement Cost Coverage with Deductible, the carrier’s maximum liability shall be the amount of the actual loss or damage less a $300 deductible not exceeding $5.00 times the net weight of the shipment, or the lump sum declared value, whichever is greater. This option is the option that will apply if the customer fails to indicate a choice on the face of this contract and the customer will be liable for charges applying to this option.
3. If the customer selected Replacement Cost Coverage, the carrier’s maximum liability shall be the amount of the actual loss or damage not exceeding $5.00 times the net weight of the shipment, or the lump sum declared value, whichever is greater. The customer is responsible for any additional insurance the customer wishes to purchase.

SECTION 3.  Unless specific arrangements have been authorized by this contract, the carrier is not required to transport the customer’s goods by any particular schedule, means, or vehicle and is not liable for delays resulting from causes other than negligence of the carrier.  Further, in case of unforeseen circumstances which prevent the carrier from completing delivery, the carrier has the right to forward the customer’s property by another carrier.

SECTION 4. (A) The customer must pay all legal charges.  (B) If the carrier is required to refer this contract for collection of charges due to an attorney, shipper agrees to pay reasonable attorney fees and collection costs.  (C) If this contract is referred to a court for resolution, the losing party shall be responsible for payment of the other party’s reasonable attorney fees and court costs.  (D) The customer shall be responsible to indemnify the carrier against any loss or damage caused by inclusion in the shipment of explosives, dangerous articles, or dangerous goods.

SECTION 5.

1. A carrier may place a shipment into storage at the public warehouse nearest the point of destination if the carrier is unable to make a delivery because:
   • The carrier was unable to locate a customer at the address given on the bill of lading or the correct address if known by the carrier.
   • The customer refused or was unable to accept delivery.
   • The customer (for a shipment moving on a non-binding estimate) was unable or refused to pay up to 110 percent of the amount of the original estimate plus supplements, if any.
2. The carrier’s liability as a common carrier ends with delivery to the public warehouse.  The shipment becomes subject to the warehouse’s liability, terms, and conditions.

1. The carrier must notify the customer by every means of contact the carrier has for the customer, including telephone, e-mail, and fax, and the carrier must mail or deliver a written notice to the destination address advising that it was unable to make delivery and advising the customer of the name, address, e-mail address, if applicable, and telephone number of the warehouse where the shipment is stored.

1. If the customer does not receive or claim the shipment within 30 days after the carrier mailed or delivered the written notice required in Item 40(3), the shipment becomes subject to disposition by the carrier in accordance with the Washington State Uniform Commercial Code, Chapter 62A.7 RCW.

SECTION 6.  To receive compensation for a claim for loss, damage, overcharge, injury or delay, the customer must file a written claim with the carrier within nine months after delivery.  In the case of failure to make delivery, the claim must be filed within nine months after a reasonable time for delivery has elapsed. Claims must contain sufficient information to identify the property involved. A copy of the original paid transportation bill, bill of lading contract or shipping receipt must accompany the written claim.