Conditions of Contract Carriage
Term– This contract is binding so long as Ryan’s Express Freight, Inc. Provides transportation for shipper, and shall be applicable to all such transportation. Either party may terminate this agreement on ten (10) days written notice to the other.
Service– Ryan’s shall provide such transportation service as requested by shipper, but subject to Ryan’s having the right to refuse to handle any shipments which are outside its system or which it cannot handle in a timely manner due to equipment or driver shortages, or other problems.
Rates– The rates for each shipment shall be agreed upon verbally between parties, and shall be reflected on the freight bill or invoice prepared by Ryan’s and transmitted to shipper: provided, however, shipper may dispute any invoice within Fifteen (15) days of the date thereof, and if not timely disputed then such invoices shall be deemed to set forth and agreed upon rates for all services, transportation or otherwise, provided by Ryan’s. Rates are subject to change at any time.
Responsibility for Payment– The party responsible for the charges for any given shipment is listed in the “Bill To” section of the invoice. However, if the Bill To party is not shown or fails to pay freight charges, Ryan’s reserves the right to bill the Consignor, Consignee or any third party arranging for routing or otherwise of this shipment. Tendering or acceptance of any shipment constitutes an obligation to pay charges if so billed.
Payment of Charges– If charges are not paid within fifteen (15) days of invoice date, shipper or other responsible party shall be required to pay a finance charge of 1-1/2 percent per 30 days, and any attorneys or other fees or costs incurred to collect such charges.
Limitation of Liability– Ryan’s limits its liability to no more than $100.00 per shipment for any material transported or stored and listed on a freight bill or other shipping contract. Ryan’s will not assume liability in excess of $100.00 unless all of the following are met:
-Shipper or third party declares a higher value in writing, notify a Ryan’s representative of the value being declared and agree to pay the additional charges required by Ryan’s (merely declaring a higher value does not increase Ryan’s cargo liability) and document any loss in a timely manner as set forth in section 10.
-Shipper signed a contract with Ryan’s specifying greater cargo limits and conditions and the amount of cargo insurance being provided by Ryan’s.
Determination of Pieces and Weight– Ryan’s reserves the right to recount the pieces of a given shipment and will immediately note any discrepancies of such if our count varies from that provided by the customer/shipper, Ryan’s may also verify the weight of any shipment using a certified commercial scale. If listed weights are found to be inaccurate, the correct weight will be noted on the freight bill.
Possessory Lien– In addition to any statutory lien, shipper or other owner of the freight grants Ryan’s a possessory lien over any freight shipped for all past or present freight, handling, storage or other charges.
Hazardous Material– Ryan’s shall not receive or transport hazardous material.
Claims– Ryan’s shall not be liable for freight loss or damage unless: (1) the claim for loss or damage is called in to Ryan’s within 72 hours of delivery; (2) a claim form fully documenting the loss and value of damaged or lost goods is received by Ryan’s within 30 days of discovery of damage or delivery of the shipment (whichever comes first) for which loss or damage is claimed; and (3) an arbitration or other action is filed within 60 days of Ryan’s written declination of the subject loss or damage claim. Ryan’s shall only be liable for loss or damage where such resulted from its negligence or intentional misconduct. Ryan’s shall not be liable for more than the replacement cost of lost or damaged freight, and shall not be liable for any consequential damages. Including any transportation delays or extra transportaion costs incured by shipper for such delays. Ryan’s is not liable for hidden damage, or damage resulting from inadequate or faulty packaging. Ryan’s is not responsible for breakage of glass unless an airide truck is requested and an extra fee is agreed to be paid by bill to.
Customer Errors– Ryan’s is not liable for errors, acts and/or omissions by the customer or its vendors, contractors, and/or any person(s) associated with shipment, including but not limited to improper handling, packaging, addressing, faulty instructions, etc…
Act of God– Ryan’s is not liable for Acts of God, civil disturbances, war, weather conditions, national disasters, “force majeure”, strikes or acts of public Authorities.
Contract Carriage– The parties agree that Ryan’s is acting as a contract carrier The Carmack Amendment or other similar state law is not applicable to transportation provided hereunder. The parties expressly waive any rights and remedies provided under Part B, Subtitle IV, of Title 49 of the United States Code which conflict with the provisions hereof. The provisions of this contract shall take precedence over any conflicting bill of lading or other freight document provisions.
Dispute Resolution– All disputes under this Agreement shall be summated to binding arbitration before JAMS/Endispute at its San Jose office and shall be subject to the prevailing rules of JAMS.