TERMS AND CONDITIONS
Section 1. The company undertakes to forward, subject
to the classification and tariffs in effect on the date hereof,
to the point reached by the Company which is nearest to
destination and there deliver to consignee or to connecting
carrier to complete the transportation of animals and
paraphernalia herein after described in this contract, of
which the Shipper declares himself to be the owner (or duty
authorized agent of the owner) for the sum named in face of
this contract, which charge is dependant upon the value of
said animals and paraphernalia declared by the Shipper
as hereinafter mentioned.
Section 2. The Shipper agrees that the Company shall
not be liable for the conduct or acts of the animals
themselves, or to each other, such as biting, kicking, fits,
shipping fever, goring or smothering, not for loss or
damage arising from the condition of the animals
themselves, ore which results from their nature or
propensities, which risks are assumed by the Shipper. The
shipper hereby releases and discharges the Company
from all liability for delay, injuries to or loss of said animals
and paraphernalia from any cause whatsoever, unless
such delays, injury or loss shall be caused by the Company
or by the negligence of its agents or employees, and in
such event the Company shall be liable only to the extent of
actual damage sustained, but in no event to an amount for
an animal or paraphernalia in excess of its value as in the
contract. IF NO VALUATION IS DECLARED, THE MAXIMUM
LIABILITY IS $200.00 PER ANIMAL. In the event suit must
be brought to collect this account, Shipper agrees to pay all
reasonable attorney fees, court cost and five percent
interest per annum.
Section 3. If any sum of money besides the charges for
transportation is to be collected from the consignee on the
delivery, of said animals, and the same is not paid at once,
the Shipper agrees that the Company may, at its option,
retain said animals with ordinary and reasonable care, at
the risk and expense of the Shipper, or may return same to
the Shipper, the Shipper to pay charges for transportation
both ways and all other expenses.
Section 4. The Shipper agrees to load, transship and
unload said animals at his own risk. DLHVS furnishing the
necessary labor to assist, the Shipper shall take car of feed
and water said animals while being forwarded or
transported whether delayed in transit or otherwise, and
DLHVS shall not be under any liability or duty with reference
thereto except in the actual forwarding thereof. The Shipper
further undertakes to see that all doors and openings in the
van in which said animals are shipped are at all times so
closed and fastened as to prevent the escape of any of said
animals or injury thereto and DLHVS shall
|
not be liable on account of said animals or any injury
thereto resulting from open doors or defective ventilation.
Attendants when transported free will be permitted to ride
only in the van in which the animals are transported.
Section 5. The Shipper agrees that as a condition
precedent to recovery hereunder for loss or injury or
damage to or delay in delivery of this shipment, such loss,
injury, damage, or delay shall be proved by the Shipper to
have been caused by negligence of the carrier, and in
consideration of the free carriage of a person or persons
as his agent or agents in charge of said animals on date of
shipment to indemnify and save harmless DLHVS from all
demands of every kind, nature and description by reason of
personal injuries sustained by said person or persons in
charge of said animals whether the same be caused by
negligence or otherwise.
Section 6. Upon the arrival of said animals and
paraphernalia at destination, the Shipper or consignee
shall forthwith receive said animals and paraphernalia and
pay the charges due thereof, if not prepaid, and if the
Shipper or consignee shall fall or refuse to duty receive the
same and pay any such charge, DLHVS or the connecting
carrier having said animals and paraphernalia in charge,
may, as the Agent of the Shipper, have said animals and
paraphernalia put in and provided for in some suitable
place at the cost and risk of the Shipper or consignee, and
at any time or times thereafter may sell the same or any
number of them, at public or private sale, with or without
notice, as the said agent may deem necessary or
expedient, and apply the proceeds arising there from, or so
much as may be needed, for the payment of any freight or
charges that may be due, and other necessary and proper
costs and expenses.
Section 7. As conditions precedent to recovery claims
must be made in writing to the originating or delivering
carrier within three months after delivery of the property or in
case of failure to make delivery of the property or, in case of
failure to make delivery, then within nine months and fifteen
days after date of shipment and suits shall be instituted
only within two years and one day after the date when
notice in writing is given by the carrier to the claimant that
the carrier has disallowed the claim or any part or parts
thereof.
Section 8. The provisions of this contract shall insure to
the benefits of and be binding upon the consign or the
consignee and all carriers handling this shipment, and
shall apply to any reconsignment or return thereof, THE
AGREED OR DECLARED VALUE OF THE PROPERTY IS
HEREBY SPECIFICALLY STATED TO NOT EXCEED THE
VALUE PER ANIMAL SHOWN IN THE THIRD COLUMN
ABOVE.
|