TERMS AND CONDITIONS OF CONTRACT
1. CONTRACT. In tendering the shipment for carriage the shipper agrees to the TERMS AND CONDITIONS OF CONTRACT, which no agent or employee of the parties may alter or amend, of this bill of lading and our current service guide. The Service Guide is available upon request.
2. PACKAGING. In tendering the shipment for carriage, THE SHIPPER WARRANTS that the shipment is packaged adequately to protect the enclosed goods and ensure safe transportation with ordinary care and handling, and that each package is appropriately labeled and is in good order (except as noted) for carriage as specified. The shipper further warrants to Eastern Connection Operating, Inc. (Eastern Connection) that the content of the shipment may be lawfully carried over public highways and/or aboard airline aircraft and is not a prohibited commodity under any applicable law or regulation.
3. DECLARED VALUE AND LIMITATION OF LIABILITY. THE LIABILITY OF EASTERN CONNECTION IS LIMITED TO THE ACTUAL VALUE OF THE SHIPMENT UP TO $100 unless a higher value is declared for carriage herein and a greater charge is paid. You may pay an additional charge for each additional $100 of declared value. The maximum higher declared value is $10,000. Shipments containing items of extraordinary intrinsic value such as currency, furs, precious gems, works of art etc. are limited to a maximum declared value of $100. When multiple packages are placed on a single bill of lading but the shipper has not specified the declared value for each individual package, the declared value for each individual package will be determined by dividing the total declared value on the bill of lading by the number of packages indicated on the bill of lading.
Eastern Connection is not liable for loss, delays, mis-delivery or nondelivery not caused by it’s own negligence or any loss, damage, delay mis-delivery or nondelivery caused by: (1) the act, default or omission of the shipper, consignee, or consignor; (2) the nature of the shipment or defect or inherent vice thereof; (3) improper or insufficient packaging, securing or addressing of the package; (4) Acts of God, perils of the air, public enemies, public authorities acting with actual or apparent authority of law, riots, strikes or other local disputes, civil commotions, weather conditions or mechanical delays of the trucks or aircrafts. EASTERN CONNECTION SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME WHETHER OR NOT EASTERN CONNECTION OPERATING, INC. HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED. In the event of untimely delivery, Eastern Connection will, at your request and with some limitations, refund all transportation charges paid. See Service Guide for further information.
4. CLAIMS and CREDITS. No action may be brought to recover damages for loss or injury to the goods UNLESS WRITTEN NOTICE OF LOSS DUE TO DAMAGE, SHORTAGE OR DELAY IS REPORTED BY THE SHIPPER WITHIN 15 DAYS AFTER THE DELIVERY OF THE SHIPMENT. WRITTEN NOTICE OF LOSS DUE TO NONDELIVERY MUST BE REPORTED BY THE SHIPPER WITHIN 30 DAYS AFTER ACCEPTANCE OF THIS SHIPMENT FOR CARRIAGE. No claim for loss to a shipment will be entertained until all transportation charges thereon have been paid. The amount of claims may not be deducted from transportation charges. Credits for overcharges and refunds must be made in writing to Eastern Connection within 120 days of billing date. All claims must be filed by the shipper.
5. COSTS. Notwithstanding the shipper’s instructions to the contrary, the shipper shall be primarily liable for all costs and expenses related to the shipment of the package, and the costs incurred in either returning the shipment to the shipper or warehousing the shipment pending disposition. The shipper shall be responsible for all costs of collection, damages and expenses, including, but not limited to, collection agency fees and costs, and actual attorney’s fees and costs, whether or not litigation is commenced.
6. BILLING. Eastern Connection assumes no responsibility for billing disputes resulting from inaccuracies contained in, or omissions from the bill of lading.
7. REWEIGH. All shipments will be subject to reweigh and/or dimensional weight pricing on a per-shipment basis. Dimensional weight is calculated by multiplying length by width by height of each package (all in inches) and dividing by 166. If the dimensional weight exceeds the actual weight, charges based on the dimensional weight will be accessed. Notification of all reweigh and/or dimensional weight pricing will appear on the customer invoice.
8. Shipper consents to screening of any cargo tendered to Eastern Connection.