Terms and Conditions

This contract is subject to all the rules, regulations, rates, and charges in Maximum Rate Tariff No. 1 on file with the North Carolina Utilities Commission including, but not limited to, the following terms and conditions:

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 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
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 strikes, lockouts, labor disturbances, riots, civil commotions, or the acts of any person or persons taking
part in any such occurrence or disorder; and
(e) From Acts of God.
SUBJECT, in addition to the foregoing, the following limitations apply on the carrier’s liability:
The carrier’s maximum liability shall be one of the following:
(1) The actual loss or damage not exceeding S.60 per pound of the weight of any lost or damaged article when
the shipper has released the shipment to carrier, in writing, with liability limited to S.6 per pound per article; or
(2) Replacement value of the lost or damaged item beyond repair provided that shipper elects such valuation coverage and agrees to pay applicable rates or the option of satisfactory repairs.
FURTHER, a shipper’s failure to notify the carrier in writing that an article or articles having a value that exceeds S100 per
pound will be included in the shipment will restrict the carrier’s maximum liability to S100 per pound for each pound of any lost or damaged article (based on actual article weight), not to exceed the declared value of the entire shipment.

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 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’s or consignor’s and/or consignee’s liability shall include the following:
(a) The shipper (individual or commercial, and consignor upon tender of 1 the shipment to carrier, and the consignee, upon
the acceptance of delivery of shipment from carrier, shall be liable, jointly land severally, for all unpaid charges payable on
account of a shipment in accordance with the applicable 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 either party to pay such charges in the even: the party to whom credit has
been extended shall fail to pay such charges.
(b) Shipper and/or consignor acknowledge that no explosives and/or dangerous articles or goods shall be contained in
shipment. However, shipper and/or consignee shall indemnify carrier against any loss or damage caused by the negligent
or intentional inclusion of explosives or dangerous goods therein contained in shipment to be stored in a warehouse selected by it at the point of delivery or at other available points, and were held without liability on the part of the carrier, at the cost of the owner, and subject to a lien for all accrued tariff and other lawful charges 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 tariff, carrier 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 carrier, thirty (30) days notice of which sale shall have been given in writing to shipper and consignee, and there shalt 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 lawful 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 carrier, such action is necessary to prevent deterioration or further deterioration.

SECTION 6.
As a condition precedent to recovery, a claim for any loss or damage, injury, or delay, must be filed in writing with carrier within nine (9) months after delivery to consignee as shown on face hereof, or in case of failure to make delivery, then within nine (9) months after a reasonable time for delivery has elapsed; and suit must 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 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, carrier shall not be liable and such a claim will not be paid.