The following terms and conditions apply to all services performed by MASTERCLASS MOVING & STORAGE under this contract. The term “carrier” refers to MASTERCLASS MOVING & STORAGE, a Massachusetts corporation. The contract is also subject to all rules, rates, and charges in the current tariffs, published, or on file with the relevant authorities.
SEC. 1 (a) MASTERCLASS MOVING & STORAGE or the party in possession of any of the property described herein (“Property”) shall be liable as a common law for any loss thereof or damage thereto, except as herein provided.
(b) No Carrier shall be liable for any loss, damage, or delay caused by circumstances beyond its control, including acts of God, public enemy, war, acts of public authority, riots, strikes, perils of navigation, acts of default of shipper or owner, nature of Property or defect or inherent vice, occurrences in customs warehouses, unless such loss or damage was caused by negligence of the Carrier. No Carrier shall be held liable for the internal malfunction of any computerized, electrical, or mechanical item or piece of equipment.
(c) No Carrier shall be liable for delay caused by obstructions, faulty or impassable highways, or mechanical defects of vehicles or equipment.
(d) Carrier’s liability shall be that of a warehouseman only for loss, damage, or delay caused by fire occurring after the arrival of the Property at the destination. Carrier shall not be liable for loss, damage, or delay occurring while the Property is stopped and held or stored in transit on the request of the Shipper or owner, unless caused by the negligence of the Carrier.
SEC. 2 (a) Carrier shall have the right to forward the Property by any Carrier or route between the point of shipment and the point of destination. Where a lower value than actual value has been agreed upon in writing, such lower value less charges shall be the maximum amount to be recovered, whether or not such loss or damage occurs from negligence.
(b) Claims must be filed in writing with the Carrier within 10 days after delivery of the Property, and suits shall be instituted against any Carrier only within two years from the day when notice in writing is given by the Carrier that the claim has been disallowed.
(c) Carrier shall have the full benefit of any insurance that may have been effected upon the Property.
SEC. 3 Except where such service is required as a result of Carrier’s negligence, all Property shall be subject to necessary packing and repacking at the owner’s cost.
SEC. 4 (a) Carrier shall have the right to retain possession of any Property until all tariff rates and charges thereon have been paid. Carrier may require prepayment or guarantee of charges before shipment.
(b) Property not received by the party entitled to receive it may be stored at the cost of the owner, subject to lawful charges and Carrier’s responsibility as a warehouseman.
SEC. 5 (a) Property shall be at the risk of the owner before loading if Carrier is directed to take it from a place where the Consignor or agent is not present.
(b) Property shall be at the risk of the owner after unloading or delivery if Carrier is directed to deliver it at a place where the Consignee or agent is not present.
SEC. 6 No Carrier will carry or be liable for documents, specie, or any article of extraordinary value unless a special agreement is made.
SEC. 7 Explosives or dangerous goods will not be accepted for shipment, and any party shipping such goods shall indemnify Carrier against all loss or damage caused by such goods.
SEC. 8 The owner or Consignee shall pay all charges accruing on the Property before delivery. Carrier shall not deliver the Property until all charges have been paid.
SEC. 9 Alterations to this document made without Carrier’s notation shall be without effect.
SEC. 10 Any prior agreements or signatures by the Shipper or agent regarding the value or liability of the Property shall apply to this contract.
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