| 1 | | LIABILITY OF THE CARRIER |
| | | The carrier of the goods that are described in this Bill of Lading is liable for any loss of or damage to goods accepted by the carrier or the carrier’s agent, except as provided in this Bill of Lading. |
| 2 | | EXCEPTIONS FROM LIABILITY |
| | | The carrier will not be liable for the following: |
| | a) | loss, damage or delay to any of the goods described in this Bill of Lading caused by an Act of God, the Queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, the act or default of the consignor, owner or consignee, authority of law, quarantine, delay caused by mechanical breakdown and extreme weather conditions; |
| | b) | unless caused by the negligence of the carrier or the carrier’s agent or employee: |
| | | (i) damage to fragile articles that are not packed and unpacked by the contracting carrier or by that carrier’s agent or employee(s); |
| | | (ii) damage to the mechanical, electronic, software or other operations of radios, stereos, clocks, computers, TVs, VCRs, DVDs, appliances, musical instruments and other equipment, irrespective of who packed or unpacked such articles, unless servicing and preparation was performed by the contracting carrier or by that carrier’s agent or employee(s), or there is physical damage to the item caused by the carrier. |
| | | (iii) loss of contents of consignor packed articles, unless the containers used are opened for the carrier’s inspection and articles are listed on this Bill of Lading’s inventories and receipted for by the carrier. |
| | c) | damage to or loss of a complete set or unit when only part of such set is damaged or lost, in which event the carrier is only liable for repair or recovering of the lost or damaged piece or pieces with depreciation; In the event of property damage, the carrier is only liable to repair the directly affected area to the best of their ability. |
| | d) | damage to the goods at place or places of pick-up at which the consignor or the consignor’s agent is not in attendance and cannot give a receipt for goods picked up; |
| | e) | damage to or loss of the goods at place or places of delivery at which the consignee or the consignee’s agent is not in attendance and cannot give receipt for goods delivered. |
| 3 | | VALUATION |
| | | Subject to Article 4, the amount of any loss or damage for which the carrier is liable, whether or not the loss or damage results from negligence of the carrier or the carrier’s employees or agents, is to be computed on the basis of the value of the lost or damaged article(s) at the time and place of shipment (including the freight and other charges if paid and the duty if paid or payable and not refundable) unless a lower value has been represented in writing by the consignor or has been agreed on between the parties to this Bill of Lading, or is determined by the classification or tariff on which the rate is based, in any of which events such lower value is the amount that governs the computation of the maximum liability of the carrier which will not exceed the weight of the item multiplied by the value declared by the shipper. |
| 4 | | MAXIMUM LIABILITY |
| | a) | The amount of any loss or damage computed under Article 3 must not exceed |
| | | Six ($6.00) dollars per pound computed on the total weight of the shipment or item. |
| | | |
| | | provided that if the consignor, in writing, releases the shipment to a value of sixty (.60) cents per pound per article or less the amount of any loss or damage computed under Article 3 must not exceed such lower amount.Salvage Clause: Where replacement or total loss payment of an article is made, the Company at its sole option, shall have the right to salvage of the article. Furthermore, no article may be abandoned to the Company. |
| | b) | If paragraph (a) (i) or (ii) applies, additional charges to cover the additional coverage over sixty (.60) cents per pound per article must be paid by the consignor. |
| | | NOTE: In such instance, additional charges to cover the value declared above sixty (.60) cents per pound per article will be paid by the consignee, consignor, owner or authorized agent. The minimum declared value will not be less than six ($6.00) dollars per pound. In the event that an item is lost or damaged beyond repair the value you have declared will be used to determine the settlement amount. The weight of the item is multiplied by the value declared to determine the settlement amount. |
| 5 | | CONSIGNOR’S RISK |
| | | If it is agreed that the goods are carried at the risk of the consignor of the goods, that agreement covers only those risks that are necessarily incidental to transportation and the agreement does not relieve the carrier from liability for any loss or damage or delay that may result from any negligent act or omission of the carrier or the carrier’s agents or employees, and the burden of providing absence of negligence is on the carrier. |
| 6 | | NOTICE OF CLAIM |
| | a) | A carrier is not liable for loss, damage or delay to any goods carried under this Bill of Lading unless notice of the loss, damage or delay setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the original contracting carrier or the delivering carrier within 30 days after delivery of the goods. |
| | b) | Either the original contracting carrier or the delivering carrier, as the case may be, must acknowledge receipt of claim within 30 days after receipt of the claim. |
| | | NOTE: Exceptions noted and receipted at the time of delivery do not constitute a notice of claim to the original contracting carrier or delivering carrier.It is the consignee, consignor, owner or authorized agent’s responsibility to forward written notice of claim as laid out above. |
| 7 | | ARTICLES OF EXTRAORDINARY VALUE |
| | | A carrier is not bound to carry any documents, currency, jewelry, antiques or any articles of extraordinary value unless by a special agreement to do so. If such goods are carried without a special agreement and the nature of the goods is not disclosed on the face of this Bill of Lading, the carrier is not liable for any loss or damage, in excess of the maximum liability stipulated in Article 4 of these Conditions of Carriage. |
| 8 | | DANGEROUS GOODS |
| | | Every person, whether as principal or agent, shipping explosives or dangerous goods without previous full disclosure to the carrier as required by law, must indemnify the carrier against all loss, damage or delay caused by those explosives or dangerous goods, and such goods may be warehoused at the consignor’s risk and expense.Any liquids, powders, dyes, and other substances that can leak, spill or seep into the shipment or that of others creating loss or damage can render the party responsible for all costs associated with said loss or damage.The carrier will not accept articles which cannot be taken into or out of premises without causing damage to the article or premise unless the consignor, consignee, owner or authorized agent assumes liability in writing. |
| 9 | | IKEA TYPE ASSEMBLED ENGINEERED WOOD FURNITURE |
| | | Typically furniture that is manufactured from press-board, particle board and or engineered wood is designed to be packaged in a box for overseas shipping. This greatly reduces shipping costs and consumers “build” the furniture at home with basic instructions or a store may assemble it for their customers. Some items will not fit in or out of rooms unless dismantled which can be time consuming and difficult. Especially if there are no manuals available. Some items will fit out of homes assembled and consumers prefer to move the items without taking them apart again only to rebuild them later. Therefore some items are moved assembled at the customers request. Damages typically occur because the furniture is not engineered to be moved after initial assembly. Overall low-grade materials may result in damage and as a carrier we will be as careful as possible and not liable for any damage/breakage due to this inherent vice. Even dismantling and rebuilding particle board makes the joints weaker each time this is done. The assembled materials are not structurally sound for moving and the carrier is not liable for any damage or breakage. Please ask your move manager for any further details to ensure you fully understand all available options you have in handling of these items. Maximum valuation in the event of a dispute is 60 cents per pound per article. |
| 10 | | This contract shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, any dispute shall be determined by and the parties agree to submit any such dispute to the Courts of the Province of British Columbia having jurisdiction. |
| 11 | | By choosing to hire Ferguson Moving & Storage the consignee agrees to the conditions of carriage as outlined in this document. |
| 12 | | Deposits are required to secure space in the moving schedule. If the move day is changed, the deposit will be transferred to the new moving day. If the move is cancelled Ferguson Moving & Storage will retain one hundred dollars ($100.00) for an “Administration Fee”. |
