and Conditions of Transport
from Liabilities: Sunny Express shall not be liable for
any loss, damage, delay, mis-delivery or non-delivery or other.
a. acts of God, perils of the air, public enemies, public authorities
acting under the authority of law, quarantine, riots, strikes,
civil commotion, or hazards incident to a state of war.
b. compliance with the delivery instructions from the shipper
or consignee or non-compliance with special instructions from
the shipper or consignee not authorized by applicable tariffs.
c. violation by the shipper or consignee of any of the terms
of this bill of lading or violation of the rules and regulations
published by Sunny Express, or violation of the terms set forth
in classification or tariffs governing transportation of this
d. the nature of the shipment or defect or inherent vice therein.
e. the act, default or admission of the shipper or consignee.
and Consequential Damages: Sunny Express should not be liable
in any event for any special or consequential damages arising
from transportation whether or not Sunny Express had knowledge
that such damage might be incurred.
Of Liability: Sunny Express' liability shall be limited
to the lowest of the following:
a. The declared value of the shipment as shown on the shipping
document or Sunny Express bill of lading.
b. The actual value of the shipment at the destination name
on the shipping document or Sunny Express bill of lading.
c. The amount of any loss or damage actually sustained.
The shipper and consignee shall be liable, jointly and severally,
for all unpaid charges payable on account of a shipment pursuant
to this contract and to pay or indemnify Sunny Express for all
claims, fines, penalties, damages, costs or other sums which
may be incurred by Sunny Express by reason of any violation
of these conditions of contract or any other default of the
shipper, consignee or their agents.
Sunny Express shall have a lien on a shipment for all sums
due and payable.
Dimensional Weight: Dimensional weight will be assessed
for shipments having a density less than nine pounds per cubic
is mutually agreed that the goods herein described are accepted
in apparent good order (except as noted) for transportation
as specified herein, subject to governing tariffs in effect
as of the date hereof which are available for inspection by
the parties hereto. Forwarder may act as agent.
for product which comes to rest in Sunny Express warehouse will
be limited to a maximum release value of $0.50/pound unless
specifically stated otherwise on the freight bill.
the shipper releases freight without a Sunny Express bill of
lading all terms and conditions outlined above shall be in effect.