1. DEFINITIONS AND ABBREVIATIONS
“ROCK-FAS”, “the Carrier” or “the carrier”: ROCK-FAS,LLC. and its employees.
“BOL” “Bill of Lading”: A contract representative of an order for ROCK-FAS to perform transportation, packing and/or related services. This document is a Bill of Lading.
“COD”: Cash or check on delivery. Agreement to pay ROCK-FAS for services performed at time of delivery.
“Concerned Parties”: Persons who ROCK-FAS identifies as connected to or involved with a shipment.
“Consignee” or “consignee”: Persons or parties who receive freight from ROCK-FAS.
“COPY”: Check or cash on pick-up. Agreement to pay ROCK-FAS for services performed at the time of pick-up.
“Customer” or “customer”: Persons, parties or organizations who hire and employ ROCK-FAS to collect and deliver freight and perform transportation related services and who become liable to remit payment to ROCK-FAS for charges incurred.
“Exclusions”: Conditions and occurrences as set forth below, that protects and relieves ROCK-FAS from all liability and responsibility for loss and damage related to Freight identified in Section 4 of this BOL.
“Insurance”: A premium charged to the customer that is based on the value of freight declared by that customer (the declared value), and subject to all the limitations and exclusions set forth below. Payment of the insurance premium allows the customer to collect the declared value in the event of a loss or mishap that is attributable to events or occurrences during ROCK-FAS’s possession of freight.
“NDV”: No declared value. The shipper consigns freight for carriage by ROCK-FAS and does not declare a value on that freight thus limiting ROCK-FAS liability to its minimum level of liability as set forth in Section 3 of this BOL.
“On File”: Statement on the face of this BOL that refers to information being kept in writing by ROCK-FAS Management and not specifically listed on the face of this BOL.
“PBS”: Packed by shipper. Contents and content’s condition are unknown to ROCK-FAS.
“Reasonable” or “reasonable”: Accepted as sufficient, rational, and common when compared to standard practice and procedures in the shipping industry.
“Shipper” or “shipper”: Persons or parties who consign freight to ROCK-FAS for transport, packing and/or related services.
General: Where the context permits the singular shall include the plural and vice-versa, and all shall include the neuter.
2. CUSTOMER’S OBLIGATIONS
A. Customers and their agents must read and understand the terms of this BOL. ROCK-FAS is not responsible for explaining all terms verbally.
B. All terms are binding once Shipper, or his employees are acting as agents for the customer, it is the Shipper’s responsibility to notify that customer of all terms as set forth in this BOL.
C. If ROCK-FAS is to receive freight that is PBS, it is the Shipper’s responsibility to adequately pack and protect the goods to ensure safe transportation. The Shipper is also obligated to properly label each item in order to prevent delay or errant dispatch.
D. Shipper and customer are obligated to provide accurate consignee information in order to prevent delay or errant dispatch. Furthermore, Shipper and customer are jointly and severally responsible to notify consignee of impending arrival of freight and secure approval for carrier’s delivery.
E. Failure of Shipper or customer to meet the foregoing obligations may result in, among other things, additional charges as set forth in Section 9 of this BOL.
3. LIMITATIONS OF LIABILITY
A. The maximum liability of ROCK-FAS for loss or damage to the goods including those relating to or caused by ROCK-FAS’s (I) wrongful acts and/or (II) acts or omissions with respect to the construction of a crate or other container for the goods is limited to $0.60 (sixty cents) per pound as determined by actual weight of unwrapped goods. In shipments of multiple items, the $0.60 per pound maximum liability shall apply to each unwrapped goods. To determine ROCK-FAS’s maximum liability on shipments released at $0.60 per pound for items being made subject to a claim when ROCK-FAS is not in physical possession of the freight, dimensional weight shall apply as determined with a cubic factor of 194 cubic inches per one pound. Should any claim in an amount in excess of the foregoing limits of liability be asserted against ROCK-FAS by a third party for loss or damage to freight handled by ROCK-FAS, the shipper, consignee and customer agree to, jointly and severally, indemnify and hold ROCK-FAS harmless in whole (without diminution by reason of ROCK-FAS contribution thereto) as against any such claim. This provision shall be in full force irrespective of the cause of such loss or damage including ROCK-FAS’s negligence.
B. ROCK-FAS shall not be liable for loss or damage due to lack or of insufficient detailed and specific customer instructions in handling and/or placement of goods or construction of a crate or other container for such goods. The provisions of this BOL shall also extend to items damaged inside the shipper’s or consignee’s premises or place of business.
C. ROCK-FAS shall not be responsible for and shall be exempt from liability for physical damage to freight or loss of any kind, direct or indirect, incidental, consequential, exemplary or special, caused by delay of delivery when conditions beyond ROCK-FAS control are encountered during transport. Some conditions, among other, are listed below:
• Extreme weather conditions and/or changes of temperature, acts of nature and God.
• Breakdown or mechanical defect of vehicles or equipment.
• Faulty or impassible highway; lack of capacity of roadway structures.
• Highway obstruction or closure due to official action.
• Civil disobedience, riots, strikes or lockouts; illegal or unlawful actions.
“Loss caused by delay” as stated above is hereby understood to also define and apply to loss of revenue, interest, market and/or utility. ROCK-FAS is not bound to transport goods by any particular means, schedule vehicle or otherwise other than with reasonable dispatch.
D. ROCK-FAS will not be responsible for any loss or damage and is released from all liability for freight when directed to accept and load or deliver and unload at locations where and when the shipper, consignee, customer or their agents are not physically present.
E. ROCK-FAS is only required to affect inside delivery; ROCK-FAS is not required to or be responsible for unwrapping or unpacking freight unless such actions are specified and ordered in advance and in writing. “Inside delivery” is hereby defined as delivery taking place inside consignee’s location or structure at or near a common point of entry and within a reasonably accessible area.
F. Claims regarding loss or damage of any kind must be made in writing and within seven (7) days of the delivery date of shipment. ROCK-FAS reserves the right to inspect all items and wrapping materials that are being made in subject to a claim. As a condition precedent for a claim, the consignee must retain the goods in the original container(s) and/or materials and to make such goods and materials available to ROCK-FAS or ROCK-FAS’s insurance company for inspection upon ROCK-FAS’s or insurance company’s demand. Claims not reported within seven (7) days of the delivery date shall be conclusively deemed waived or abandoned. Claims are also subject to the terms of Section 8C of this BOL.
4. EXCLUSIONS
A. ROCK-FAS shall not be liable to Customers or consignees, and Customers and consignees release ROCK-FAS from any and all liability and responsibility for physical damage, or loss due to delay for items of freight listed below:
• Items improperly or inadequately packed or mislabeled by the shipper.
• Items containing internal damage or concealed breakage; glass and ceramic with existing cracks or other damage.
• Items of inherent vice or weakness due to poor craftsmanship in fabrication.
• Items containing internal mechanics or instrumentation.
• Items with waxen, resinous or viscous surface area (whether they are in wet, semi-dry or hardened state).
• Uncured and/or not thoroughly dry paintings; uncured and/or unset varnish applied to furniture.
• Items with directional orientation to which the shipper does not affix descriptive arrows in advance.
• Damaged or excessively worn antique items in disrepair, items exhibiting prior repairs or breakage. In relation to any subjective terms as used above (“improperly”, “inadequately packed”, “mislabeled”, “inherent vice”, “weakness”, “excessively worn”, etc.” it is understood and agreed that ROCK-FAS shall have the sole and exclusive right to define and interpret such terms provided such definitions are reasonable and commonly acceptable in ROCK-FAS’s industry and as applied against common and previous occurrences in the normal course of packing and shipping.
B. ROCK-FAS will not transport currency, specie, precious stones, jewelry, or negotiable documents at any time. In the event that ROCK-FAS shall transport such items without ROCK-FAS’s knowledge or consent, ROCK-FAS shall have no liability whatsoever for or in connection with such goods.
C. The following types of freight will not be transported by ROCK-FAS under any circumstances and are collectively referred to as “dangerous goods”:
• Contraband or illegal substances, firearms or ammunition.
• Explosive, chemical, noxious or dangerous goods.
• Livestock, plants, biological or hazardous goods.
The Act of consigning items of these types to ROCK-FAS which are disguised by the shipper acting with or without knowledge of the customer shall entitle ROCK-FAS to recover any and all costs and expenses for fines, penalties, legal fees, or other damage to ROCK-FAS, its equipment and/or personal injury and compensation to ROCK-FAS employees. The customer also shall be liable for and indemnify and hold harmless ROCK-FAS from and against all loss or damage to other property to persons caused by said dangerous goods. ROCK-FAS is at liberty to dispense of any items consigned with or associated with and dangerous goods at any time and place deemed appropriate by ROCK-FAS with disposal charges billable to the customer, who shall promptly pay the same.
5. Bills of Lading
A. Only ROCK-FAS employees may alter the face of ROCK-FAS’s BOLs in the event that any shipper or consignee alters an ROCK-FAS BOL by making written additions or omissions without the express written permission of ROCK-FAS, ROCK-FAS shall be released and discharged from providing or completing services debited to those additions or omissions. All conditions set forth on this side of the BOL are binding and cannot be modified, altered or waived by any person including ROCK-FAS employees save for officers of ROCK-FAS, and then only in writing and when signed by such an officer.
B. ROCK-FAS retains the right to prepare other BOLs and addenda as necessary to sufficiently describe freight in transit. Should one customer, by his requests or actions, instigate ROCK-FAS to exchange this BOL for another, the shipper shall transfer all conditions, instructions, and/or values from the original BOL onto any subsequent BOL bearing the same reference number.
C. If in the sole opinion or judgment of ROCK-FAS it becomes at any stage necessary if desirable to depart from customer’s instructions in relation to freight in transit, then ROCK-FAS shall be at liberty to do so. ROCK-FAS is also at liberty to execute any new BOL information or instructions as it in its sole and absolute discretion shall deem necessary in the interest of safe handling of freight.
6. USE OF OTHER CARRIERS
A. In the event freight can’t be delivered to its destination, ROCK-FAS may engage other carriers at ROCK-FAS’s sole discretion, such carriers, however shall be engaged only after ROCK-FAS’s reasonable attempts to verbally contact concerned parties to the shipment. Should another carrier become the consignee, the liability of ROCK-FAS to all concerned persons hereunder shall terminate effective at the time of the consignee’s receipt and signature. It is understood that ROCK-FAS’s receipt of other carrier’s BOL of receipt ticket constitutes an agreement between ROCK-FAS and its customer to release freight to that other carrier and for said freight to be governed by said other carrier’s terms and conditions set forth on other carrier’s BOL or receipt ticket. ROCK-FAS shall not be liable to review other carrier’s terms and conditions in full and ROCK-FAS its agents, servants and employees, shall be released and discharged from all liability under this BOL.
B. Customers who order ROCK-FAS services in advance that are pre-arranged to involve ROCK-FAS plus other carriers understand that they are also bound by the terms of Section 7A of this BOL.
7. INCOMPLETE BILLS OF LADING
A. In the event that freight remains unclaimed or undelivered after ninety (90) days due to failure or refusal of consignee to receive, or due the inability of ROCK-FAS to contact concerned parties after reasonable effort, then said freight will be placed at the disposal if ROCK-FAS for lien or sale in order to recoup transit related charges due as well as normal and reasonable storage fees and costs of disposal and sale. Prior to such disposal ROCK-FAS will notify all concerned parties on the shipment by US Mail sent to consignee’s last known address and will enclose complete inventory and written terms of said disposal or sale.
B. Should a customer or concerned party to a shipment redirect freight outside if ROCK-FAS’s route area in mid-transit or otherwise renders freight not deliverable, ROCK-FAS shall retain the right to create new BOLs and direct freight via ROCK-FAS to outside carriers as set forth above. ROCK-FAS retains the right to deliver freight to a warehouse selected by ROCK-FAS at the destination city or at an intermediate point with charges for such warehousing payable by the customer. All additional charges incurred by such actions shall be the responsibility of the customer unless ROCK-FAS receives and approves written instructions prior to delivery.
C. Shippers and consignees agree to be available to ROCK-FAS for pick-up and delivery during regular business hours or to arrange reasonable appointment times with ROCK-FAS directly. ROCK-FAS reserves the right to assess additional charges pertaining to BOLs in which parties fail to arrange to adequately complete shipments by means of delay, impediment, omission of information and/or willingness to schedule.
8. RATE APPLICATION AND PAYMENT TERMS
A. Estimates and quotations are issued on the basis of immediate acceptance. ROCK-FAS maintains and reserves the right to withdraw or revise without prior notice any estimate whether issued verbally or in writing, should any changes occur in regards to the rate of height, or any other charges that are applicable to the goods. Conditions which nullify estimates and cause rate adjustments may include, but are not limited to the following:
• Additional volume in the form of larger or heavier freight.
• Additional pick-ups, deliveries, packing/unpacking services and/or materials.
• Delays due to lack of preparation, waiting time, poor access and/or non-availability of freight.
• Delays due to errors or omissions made by the customer or concerned parties.
B. Payment terms are net receipt upon presentation of invoice unless otherwise stated on the face of this BOL. Invoices that are past due more than thirty (30) days are subject to a 5% per month service charge. ROCK-FAS reserves the right to assess fees, costs or expenses incurred by ROCK-FAS to the customer for collection procedures on delinquent accounts including, but not limited to, costs for administration communication, legal procedures as well as statutory interest on unpaid amounts. It is further understood that customer, shipper,
consignee and owner of freight shall remain jointly and severally liable for such charges until payment in full is made to ROCK-FAS.
C. No claims for loss or damage will be entertained until all of ROCK-FAS’s charges have been paid in full. The amount of the claim may not be deducted from the total due and payable charges.
9. WAIVER OF LIABILITY
The person signing this BOL, now to be known as the “client”, acknowledges that they have the right to waive liability by either being the person(s) named on the front of this BOL or by being a legal representative of the person(s) named on the front of this BOL. This agreement releases ROCK-FAS,LLC, a limited liability corporation located in North Royalton, Ohio, from all liability relating to any artwork value, property damages, injuries, or death that may occur for anything installed during the date(s) indicated on the front of this BOL at the location(s) indicated on the front of this BOL or at any time in the future after the installation has concluded. By signing this BOL, the client(s) agree(s) to hold ROCK-FAS,LLC. entirely free from any liability, including financial responsibility for injuries incurred, regardless of whether injuries are caused by negligence on the part of ROCK-FAS, LLC., flood, earthquake, fire, or any other act of God that cannot be foreseen by ROCK-FAS, LLC. The client(s) also acknowledges the risks involved in owning and maintaining artwork in an area open to pedestrian traffic on personal property. These include but are not limited to property damage, injury or death. The client(s) swear(s) that ROCK-FAS, LLC. is being hired voluntarily, and that all risks have been made clear. By signing this BOL, the client(s) forfeit(s) all right to bring a suit against ROCK-FAS, LLC. for any reason. In return, the artwork will be installed on the aforementioned property to the client’s specification. Additionally, the client(s) acknowledge(s) to make every effort to obey safety precautions as listed in writing and as explained verbally.
ROCK-FAS 