Contract Terms and Conditions
Azevedo Transportation
Carrier liability under the terms and conditions of this bill of lading will commence when the livestock described herein have been loaded and readied for transportation with any exceptions to their condition noted and not when this bill of lading has been signed.
Section 1
(A) Carrier will not be liable for any loss or delay caused by an act of God, the public enemy, the authority of the law, the act of default of the consignor or owner, strikes, or riots, or other civil disturbances, stoppages of labor, threatened violence, for natural weight loss, or results from the inherent nature or vice of the animals.
(B) Carriers liability will be that of a warehouseman only, for any loss or damages or delay occurring after the expiration of the free time allowed by tariff. Free time commences immediately after notice in person, by the carrier or his agent, or tender of delivery of the shipment to the party entitled to receive it.
(C) Except in case of negligence of carrier, the carrier will not be liable for any loss, damage or delay occurring while the shipment is stopped and held in transit at the request of the shipper, owner, or party entitled to make such request, or resulting from a condition found in the livestock during transit.
(D) Unless caused by the negligence of Azevedo Transportation, carrier will not be liable for any damage, or delay injury or death sustained by the livestock due to any of the following causes: escaping from the trailer, pens or other holding areas, kicking of otherwise injuring themselves or each other, suffocation; acts of the shipper or shipper's agents; heat or cold; changes in the weather, severe weather or damage to or obstruction of vehicular right of way beyond carrier's control.
(E) In case of quarantine, the livestock may be discharged at risk and expense of shipper/owner into quarantine depot or elsewhere, required by quarantine regulations or authorities, or if not prohibited, the livestock may be returned by carrier to shipping point at shippers/owner's expense and full rate both ways. Carriers liability will cease when livestock is discharged into quarantine or returned to shipping point. All expenses associated with the quarantine will be borne by the shipper/owner. Shipper/owner will hold carrier harmless from any expense it may incur or damages it may be required to pay by reason of quarantine regulations of authorities.
(F) Shipper/owner authorities Azevedo Transportation to subject all animals transported to health examination, clinical and hematological, and further authorizes any prophylactic injections and/or oral treatments deemed necessary by Azevedo Transportation to ensure the well-being of animals during custody and transportation. Shipper/owner further authorizes Azevedo Transportation to administer and provide regular veterinarian prescribed medication, oral and injectable, in order to provide safety, health and well-being of animals while under the care of Azevedo Transportation. All expenses and charges associated with health examinations, prophylactic injections, veterinarian prescribed medication, veterinarian treatment, and injections, veterinarian prescribed medication, and veterinarian treatment are to be paid by shipper/owner.
Section 2
(A) Carrier is not bound to transport said livestock on any particular vehicle or in time for any particular purpose, or otherwise than with reasonable dispatch. Carrier reserves the right in case of physical necessity or emergency to forward said livestock by ac carrier or route between the point of pickup and the point of delivery.
(B) Where a lower value than actual value has been represented in writing by the consignor herein as the declared value of the livestock upon which the rate is based such lower value, plus freight charges, if paid, will be the maximum amount recoverable in action at law.
(C) Before the livestock is removed froth the possession of the carrier or mingled with other livestock the consignor, owner, consignee or agent thereof will note in writing, specifically any visible injury to the livestock other than normal condition demonstrated by them, upon delivery by the carrier. If no injury, damage or unusual condition is noted, the person receiving the livestock from the carrier will note in writing that each and every animal is free from injury, damage or unusual condition and will sign his name thereto.
Section 3
(A) The shipper/owner is responsible at all times for full payment of all charges. If the shipper/owner requests, the carrier will attempt to collect all charges form the consignee. However, if the consignee fails to pay all or any part of the applicable charges, then the shipper/owner shall remain fully liable for all or any unpaid portion thereof.
(B) If upon inspection it is ascertained that the livestock shipped are not those described in this contract, the freight charges must be paid upon the livestock actually shipped.
(C) The carrier presumes that the declared owner or consignor has legal tile to the livestock described herein, and that the carrier will not be held liable in any manner whatsoever, if the title to the livestock is challenged by any party.
Section 4
The loading and unloading of the livestock is the sole responsibility of the carrier. Except in the case of negligence of the carrier the carrier will not be liable for any injury or death sustained by said livestock during the loading or unloading process.
Section 5
All charges due carrier are due and payable within 7 days of billing. If payment is not received within 7i days of billing interest at the maximum rate the law allows, prorated on a monthly basis, will be charges each month on all account unpaid after they become due.
Section 6
All alteration, addition, or erasure in this contract which is made without an endorsement thereof herein, signed by the agent of the carrier will be without effect and this agreement will be enforceable according to its original tenor.
Section 7
(A) Jurisdiction of disputes will be stated on page 1 hereof.
(B) In case service of process is necessary, the parties voluntarily and with knowledge consent to service upon the agent shown on page 1.
(C) Shipper agrees to pay all reasonable costs, attorneys fees and expenses that shall be made and incurred by carrier in enforcing the terms and conditions of this contract.
Section 8
Should any section, sentence, or phrase of this agreement be held to illegal or unenforceable for any reason, such determination of illegality of unenforceability shall not affect the validity or binding force and effect of the remaining portions of the agreement.