Platton delivery order terms & conditions

Section 1.

(a) Forwarder is not responsible for any costs, losses, damages, or other liability arising from the inland, ocean, or air carriage or delivery of the cargo described herein. All services Forwarder provides are subject to its Standard Terms and Conditions of Service, a copy of which can be found at terms.platton.net.

(b) The trucker or the party in possession of any property described in this delivery order shall be liable as at common law for any loss thereof or damage thereto, except as hereinafter provided.

(c) No trucker shall be liable for any loss or damage to a shipment or delay caused by an Act of God, the public enemy, the authority of law, or the act or default of the shipper. Except in the case of negligence of the trucker or party in possession, the trucker or party in custody shall not be liable for loss, damage, or delay which results: when the property is stopped and held in transit upon request of the shipper, owner or party entitled to make such requests; or from faulty or impassible highway, or by lack of capacity of a highway bridge or ferry; or from a defect or vice in the property; or riots or strikes. The burden to prove freedom from negligence is on the trucker or the party in possession.

Section 2.

Unless arranged or agreed upon, in writing, prior to shipment, Forwarder is not bound to transport a shipment by a particular schedule or in time for a specific market but is responsible for transporting with reasonable dispatch. Forwarder may forward a shipment via another trucker in case of physical necessity.

Section 3.

(a) As a condition precedent to recovery, claims must be filed in writing with any participating trucker having sufficient information to identify the shipment.

(b) Claims for loss or damage must be filed within one (1) month after the delivery of the property (or, in the case of export traffic, within one (1) month after delivery at the port of export), except that claims for failure to make delivery must be filed within fifteen (15) days after a reasonable time for delivery has elapsed.

(c) Suits for loss, damage, injury, or delay shall be instituted against Forwarder no later than three (3) months and two (2) business days from the day when written notice is given by the Forwarder to the claimant that the Forwarder has disallowed the claim, or any part or parts of the claim specified in the notice. Where claims are not filed, or suits are not instituted thereon in accordance with the foregoing provisions, no forwarder shall be liable, and such claims will not be paid.

(d) Any trucker, Forwarder, or party liable for loss of or damage to any of said property shall have the full benefit of any insurance that may have been affected, upon or on account of said property, so far as this shall not avoid the policies or contracts of insurance, provided, that the trucker or Forwarder receiving the benefit of such insurance will reimburse the claimant for the premium paid on the insurance policy or contract.

Section 4.

(a) If the consignee refuses the shipment tendered for delivery by the trucker or if the trucker is unable to deliver the shipment because of fault or mistake of the consignor or consignee, the trucker's liability shall then become that of a warehouseman. Trucker shall promptly attempt to provide notice by telephonic or electronic communication as provided on the face of the delivery order, if so indicated, to the shipper, Forwarder, or the party, if any, designated to receive notice on this delivery order. Based on Forwarder's tariff, storage charges shall start no sooner than the next business day following the attempted notification. Storage may be, at the Forwarder's option, in any location that provides reasonable protection against loss or damage. The Forwarder may place the shipment in public storage at the owner's expense and without liability to the Forwarder.

(b) If the trucker does not receive disposition instructions within 48 hours of the time of the trucker's attempted first notification, the trucker will attempt to issue a second and final confirmed notification. Such notice shall advise that if the trucker does not receive disposition instructions within ten (10) days of that notification, Forwarder may offer the shipment for sale at a public auction, and the Forwarder has the right to offer the shipment for sale. The amount of sale will be applied to the Forwarder's invoice for transportation, storage, and other lawful charges. The owner will be responsible for the balance of charges not covered by the sale of the goods. If there is a balance remaining after all charges and expenses are paid, such balance will be paid to the owner of the property sold hereunder upon claim and proof of ownership.

(c) Where the trucker has attempted to follow the procedure set forth in subsections 4(a) and (b) above and the procedure provided in this section is not possible, nothing in this section shall be construed to abridge the right of the Forwarder at its option to sell the property under such circumstances and in such manner as may be authorized by law. When perishable goods cannot be delivered, and disposition is not given within a reasonable time, the Forwarder may dispose of property to the best advantage.

(d) Where a trucker is directed by the consignee or consignor to unload or deliver property at a particular location where the consignor, consignee, or the agent of either is regularly located, the risk after unloading or delivery shall not be that of the Forwarder.

Section 5.

(a) In all cases not prohibited by law, where a lower value than the actual value of the said property has been stated in writing by the shipper or has been agreed upon in writing as the released value of the property as determined by the classification or tariffs upon which the rate is based, such lower value plus freight charges, if paid, shall be the maximum recoverable amount for loss or damage, whether or not such loss or damage occurs from negligence.

(b) No forwarder hereunder will carry or be liable in any way for any documents, coin money, or for any articles of extraordinary value not specifically rated in the published classification or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this delivery order.

Section 6.

Every party, whether principal or agent, who ships explosives or dangerous goods without previous full written disclosure to the Forwarder of their nature, shall be liable for and indemnify the Forwarder against all loss or damage caused by such goods. Such goods may be warehoused at the owner's risk and expense or destroyed without compensation.

Section 7.

(a) The consignor or consignee shall be liable for the freight and other lawful charges accruing on the shipment, as billed or corrected, except that collect shipments may move without recourse to the consignor when the consignor so stipulates by signature or endorsement in the space provided on the face of the delivery order. Nevertheless, the consignor shall remain liable for transportation charges where there has been an erroneous determination of the freight charges assessed based upon incomplete or incorrect information provided by the consignor.

(b) Notwithstanding the provisions of subsection (a) above, the consignee's liability for payment of additional charges that may be found to be due after delivery shall be as specified by 49 U.S.C. §13706, except that the consignee need not provide the specified written notice to the delivering trucker if the consignee is a for-hire trucker. (c) Nothing in this delivery order shall limit the right of the Forwarder to require the prepayment or guarantee of the charges at the time of shipment or prior to delivery. If the description of articles or other information on this delivery order is found to be incorrect or incomplete, the freight charges must be paid based on the articles actually shipped.

Section 8.

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

Section 9.

If all or any part of said property is carried by water or air over any part of said route, such water or air carriage shall be performed subject to the terms and provisions and limitations of liability specified by the "Carriage of Goods by Sea Act" and any other pertinent laws applicable to water or air carriers.