Common use of BILLS OF LADING Clause in Contracts

BILLS OF LADING. CARRIER shall issue and sign a standard, uniform straight xxxx of lading or other receipt (“Xxxx of Lading”) in compliance with 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under the Agreement. If the CARRIER permits the shipper to prepare the Xxxx of Lading, CARRIER warrants that it shall ensure that the Xxxx of Lading properly names CARRIER as the “carrier” before signing it, and shall strike out any incorrect designation of the BROKER, or any other entity, as carrier, and write in the CARRIER’s name. Unless otherwise agreed in writing, CARRIER shall become fully liable for the freight when it takes and/or receives possession thereof, or the CARRIER’s trailer is loaded, regardless of whether a Xxxx of Lading has been issued, signed by and/or delivered to CARRIER. CARRIER’s liability shall continue until delivery of the shipment to the consignee and receipt of signature from the consignee on the Xxxx of Lading or delivery receipt. The Xxxx of Lading shall be prima facie evidence of the receipt of the shipment in good order and condition by the CARRIER, unless otherwise noted on the face of the Xxxx of Lading. CARRIER shall notify BROKER immediately of any exception made on the Xxxx of Lading or delivery receipt. CARRIER shall submit the original of the Xxxx of Lading to BROKER. If CARRIER fails to retain custody of the original Xxxx of Lading, CARRIER assumes all risk of loss from any resulting failure in being able to prove delivery in good condition. Any terms of the Xxxx of Lading (including, but not limited to, payment and credit terms, released rates and released value) inconsistent with the terms of this Agreement shall be controlled and superseded by the terms of this Agreement.

BILLS OF LADING. CARRIER shall issue and sign a standard, uniform straight xxxx Xxxx of lading Lading, produced by the shipper or Carrier, or other receipt (“Xxxx of Lading”acceptable to BROKER and BROKER'S CUSTOMER(S) in compliance with 49 C.F.R. X.X.X §373.101 (and 00000 et. seg, 49 C.F.R §373.101(and any amendments amendment thereto), for the property it receives for transportation under the Agreement. If the CARRIER permits the shipper to prepare the Xxxx of Lading, CARRIER warrants that it shall ensure that the Xxxx of Lading properly names CARRIER as the “carrier” before signing it, and shall strike out any incorrect designation of the BROKER, or any other entity, as carrier, and write in the CARRIER’s namethis agreement. Unless otherwise agreed in writing, CARRIER shall become fully responsible/liable for the freight when it takes and/or takes/receives possession thereof, or and the CARRIER’s trailer trailer(s) is loaded, regardless of whether a Xxxx xxxx of Lading lading has been issued, signed by and/or signed, and/or delivered to CARRIER. CARRIER’s , and which responsibility/liability shall continue until delivery of the shipment to the consignee and receipt of signature from the consignee on signs the Xxxx xxxx of Lading lading or delivery receipt. The Xxxx of Lading shall be prima facie evidence of the receipt of the shipment in good order and condition by the CARRIER, unless otherwise noted on the face of the Xxxx of Lading. CARRIER shall notify BROKER immediately of any exception made on the Xxxx of Lading or delivery receipt. CARRIER shall submit the original of the Xxxx of Lading to BROKER. If CARRIER fails to retain custody of the original Xxxx of Lading, CARRIER assumes all risk of loss from any resulting failure in being able to prove delivery in good condition. Any terms of the Xxxx xxxx of Lading lading (including, including but not limited to, to payment and credit terms, released rates and released value) inconsistent with the terms of this Agreement shall be controlled and superseded by Agreement, the terms of this Agreement shall control. Failure to issue a xxxx of lading, or to sign a xxxx of lading acknowledging receipt of the cargo, by CARRIER, shall not affect the liability of CARRIER. It is agreed that a shipper’s and/or consignor’s identification of BROKER’S name on a Xxxx of Lading shall be for be for the shipper’s/consignor’s convenience only, and such notation shall not affect or defeat BROKER’S status as a Property Broker or CARRIER’s status as a Motor CARRIER. Under no circumstances shall CARRIER execute any xxxx of lading or any other document which represents or holds out BROKER as the person responsible for delivery of any freight. In the event that the terms and conditions of any Xxxx of Lading executed by CARRIER in connection with a shipment transported pursuant to this agreement shall conflict with the terms and conditions of this Agreement, the terms and conditions of this Agreement shall govern and take precedence.

BILLS OF LADING. i . CARRIER shall ensure that Shipper issue a xxxx of lading, or in absence of Shipper supplied xxxx of lading, CARRIER shall issue and sign a standard, uniform straight xxxx of lading or other receipt (“Xxxx of Lading”) in compliance with 49 U.S.C. §80101 et seq.,49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under the this Agreement. If the CARRIER permits the shipper to prepare the Xxxx of Lading, CARRIER warrants that it shall ensure that the Xxxx of Lading properly names CARRIER as the “carrier” before signing it, and shall strike out any incorrect designation of the BROKER, or any other entity, as carrier, and write in the CARRIER’s name. Unless otherwise agreed in writing, CARRIER shall become fully responsible/liable for the freight when it takes and/or takes/receives possession thereof, or and the CARRIER’s trailer trailer(s) is loaded, regardless of whether a Xxxx xxxx of Lading lading has been issued, signed by and/or signed, and/or delivered to CARRIER. CARRIER’s , and which responsibility/liability shall continue until delivery of the shipment to the consignee and receipt of signature from proper consignee, the consignee on signs the Xxxx xxxx of Lading lading or delivery receipt, and nothing remains to be done by CARRIER to deliver the shipment to the proper consignee. The Xxxx of Lading When a shipment is refused by the consignee, or CARRIER is unable to deliver it for any reason, CARRIER’S liability as a warehouseman shall be prima facie evidence of the receipt of not begin until CARRIER has placed the shipment in good order a public warehouse or storage facility under reasonable security, and condition by the CARRIERwith written permission from BROKER as to an agreed public warehouse, unless otherwise noted on the face of the Xxxx of Lading. CARRIER shall notify BROKER immediately of any exception made on the Xxxx of Lading or delivery receipt. CARRIER shall submit the original of the Xxxx of Lading to BROKER. If CARRIER fails to retain custody of the original Xxxx of Lading, CARRIER assumes all risk of loss from any resulting failure in being able to prove delivery in good conditionalternate consignee location. Any terms of the Xxxx xxxx of Lading lading (including, including but not limited to, to payment and credit terms, released rates and released value) inconsistent with the terms of this Agreement shall be controlled and superseded by the terms of this Agreement. The parties acknowledge and agree that under no circumstances shall the CARRIER’S liability be less than the actual loss or injury to the property as represented by the shipper value, BROKER’S fees associated with the shipment and the freight charges. CARRIER’S liability hereunder may not be limited by any provision purporting to limit CARRIER’S liability, including without limitation, any xxxx of lading, tariff, schedule, service guide or similar document issued by or on behalf of CARRIER. Failure to issue a xxxx of lading, or sign a xxxx of lading acknowledging receipt of the cargo, by CARRIER, shall not affect the liability of CARRIER.

BILLS OF LADING. CARRIER shall issue and sign a standard, uniform straight xxxx bill of lading or other receipt (“Xxxx Bill of Lading”) in compliance with 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under the Agreement. If the CARRIER permits the shipper to prepare the Xxxx Bill of Lading, CARRIER warrants that it shall ensure that the Xxxx Bill of Lading properly names CARRIER as the “carrier” before signing it, and shall strike out any incorrect designation of the BROKER, or any other entity, as carrier, and write in the CARRIER’s name. Unless otherwise agreed in writing, CARRIER shall become fully liable for the freight when it takes and/or receives possession thereof, or the CARRIER’s trailer is loaded, regardless of whether a Xxxx Bill of Lading has been issued, signed by and/or delivered to CARRIER. CARRIER’s liability shall continue until delivery of the shipment to the consignee and receipt of signature from the consignee on the Xxxx Bill of Lading or delivery receipt. The Xxxx Bill of Lading shall be prima facie evidence of the receipt of the shipment in good order and condition by the CARRIER, unless otherwise noted on the face of the Xxxx Bill of Lading. CARRIER shall notify BROKER immediately of any exception made on the Xxxx Bill of Lading or delivery receipt. CARRIER shall submit the original of the Xxxx Bill of Lading to BROKER. If CARRIER fails to retain custody of the original Xxxx Bill of LadingXxxxxx, CARRIER assumes all risk of loss from any resulting failure in being able to prove delivery in good condition. Any terms of the Xxxx Bill of Lading (including, but not limited to, payment and credit terms, released rates and released value) inconsistent with the terms of this Agreement shall be controlled and superseded by the terms of this Agreement.

BILLS OF LADING. CARRIER shall issue and sign a standard, uniform straight xxxx Uniform Bill of lading or other receipt (“Xxxx of Lading”) in compliance with 49 C.F.R. §373.101 (and any amendments thereto), Lading for the property it receives for transportation under the this Agreement. If the CARRIER permits the shipper to prepare the Xxxx of Lading, CARRIER warrants that it shall ensure that the Xxxx of Lading properly names CARRIER as the “carrier” before signing it, and shall strike out any incorrect designation of the BROKER, or any other entity, as carrier, and write in the CARRIER’s name. Unless otherwise agreed in writing, CARRIER shall become fully responsible/liable for the freight when it takes and/or takes/receives possession thereof, or and the CARRIER’s trailer trailer(s) is loaded, regardless of whether a Xxxx bill of Lading lading has been issued, signed by and/or signed, and/or delivered to CARRIER. CARRIER’s , and which responsibility/liability shall continue until delivery of the shipment to the consignee and receipt of signature from the consignee on signs the Xxxx bill of Lading lading or delivery receipt. The Xxxx XXXXXXX agrees that it shall bill BROKER for all services in a timely, accurate and complete manner. If, after shipment of Lading shall be prima facie evidence property under this AGREEMENT, the party responsible for payment of the receipt of the shipment in good order freight charges and condition by the fees defaults on its obligation to pay BROKER for freight charges and fees which BROKER has already paid to CARRIER, unless otherwise noted on CARRIER agrees that all its right, title and interest in such charges and fees shall be, and hereby are, transferred and assigned to BROKER for purposes of collection and recovery from the face of the Xxxx of Lading. CARRIER shall notify BROKER immediately of any exception made on the Xxxx of Lading or delivery receipt. CARRIER shall submit the original of the Xxxx of Lading to BROKER. If CARRIER fails to retain custody of the original Xxxx of Lading, CARRIER assumes all risk of loss from any resulting failure in being able to prove delivery in good conditionresponsible party(s). Any terms of the Xxxx bill of Lading lading (including, including but not limited to, to payment and credit terms, released rates and released value) inconsistent with the terms of this Agreement shall be controlled and superseded by the terms of this Agreement. Failure to issue a bill of lading or sign a bill of lading acknowledging receipt of the cargo, by CARRIER, shall not affect the liability of CARRIER. [This section intentionally left blank.]