The Hazard Bill of Lading is a crucial document used in the transportation of hazardous materials. It serves as a receipt for goods and outlines the responsibilities and liabilities of both the shipper and the carrier. Understanding this form is essential for ensuring compliance with safety regulations and protecting all parties involved in the shipment process.
The Hazard Bill of Lading form serves as a critical document in the transportation of hazardous materials. It outlines essential details such as the shipper and consignee information, the description of the hazardous articles being transported, and specific regulations that must be adhered to during the shipping process. This form is not negotiable and includes critical sections that address liability limitations, freight charges, and the responsibilities of both the shipper and carrier. It also emphasizes the importance of proper classification, packaging, and labeling of hazardous materials to ensure compliance with federal regulations. Additionally, the form provides guidelines for filing claims in the event of loss or damage, as well as stipulations regarding the handling of property that is refused or unclaimed. Each aspect of the Hazard Bill of Lading is designed to protect all parties involved in the transportation process, ensuring that hazardous materials are handled safely and responsibly.
®, Neenah, WI • USA • (800) 327-6868 • jjkeller.com • Printed in the United States
HAZARDOUS MATERIALS
ASSOCIATES, INC.
CONTAINS
© Copyright 2010 J. J. KELLER &
CONTAINS HAZARDOUS MATERIALS
STRAIGHT BILL OF LADING – ORIGINAL – NOT NEGOTIABLE
Shipper’s No.
Carrier
Carrier’s No.
SCAC
Date
TO:
FROM:
Consignee
Shipper
Street
Destination
Zip
Origin
Route
Vehicle Number
U.S. DOT Hazmat Reg. No.
Number and Type
HM
I.D.
Description of Articles
Hazard
Pkg.
Total Quantity
Weight
Class or
of Packages
Number
Class
Grp.
(mass, volume, or
(subject to
Rate
activity)
correction)
Remit COD to:
Subject to Section 7 of conditions, if this
COD AMT:
COD FEE:
shipment is to be delivered to the consignee
Address:
without recourse on the consignor, the
□
consignor shall sign the following statement:
Prepaid
City:
State:
Zip:
The carrier shall not make delivery of this
$
shipment without payment of freight and all
Collect
□ $
other lawful charges.
NOTE: Where the rate is dependent on value, shippers are required to state specifically in writing
TOTAL CHARGES:
FREIGHT CHARGES:
the agreed or declared value of the property. The agreed or declared value of the property is
hereby specifically stated by the shipper to be not exceeding $
Per
(Signature of Consignor)
□ Prepaid
□ Collect
RECEIVED, subject to individually determined rates or contracts that have been agreed upon in writing between the carrier and shipper, if applicable, otherwise to the rates, classifications and rules that have been established by the carrier and are available to the shipper, on request; and all applicable state and federal regulations; the Property described above, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicated above, which said company (the word company being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to carry to delivery at said destination, if on its route, or otherwise to deliver to another carrier on the route to said destination. It is mutually agreed as to each carrier of all or any of said Property over all or any portion of said route to destination, and as to each party at any time interested in all or any of said Property that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, herein contained, including the conditions on the back hereof, which are hereby agreed to by the shipper and accepted for himself and his assigns.
NOTE: Liability Limitation for loss or damage in this shipment may be applicable. See 49 U.S.C.
PLACARDS
□ BY SHIPPER
□ BY CARRIER
14706(c)(1)(A) and (B).
SUPPLIED
This is to certify that the above-named materials are properly classified, described, packaged, marked
REQUIRED
DRIVER’S
and labeled, and are in proper condition for transportation according to the applicable regulations of
the Department of Transportation. Per
SIGNATURE:
SHIPPER:
CARRIER:
PER:
DATE:
EMERGENCY RESPONSE
NAME OR CONTRACT NUMBER
TELEPHONE NUMBER:
OR OTHER UNIQUE IDENTIFIER:
215-BLC-O 3 12466 (Rev. 9/10)
CONTAINS HAZARDOUS MATERIALS 1
TERMS AND CONDITIONS
By giving the carrier the property described in this bill of lading (the “Property”), you agree to all of the terms of this bill of lading.
Section 1 Limitations of Liability
(a)The carrier or party in possession of the Property shall be liable as at common law for any loss of or damage to such Property, except as hereinafter provided.
(b)The carrier shall not be liable for loss of, damage to or delay in delivery of the Property:
(i)caused by an act of God, the public enemy, the authority of law, or any act or default by you and/or the owner of the Property, or for natural shrinkage.
(ii)occurring while the Property is stopped and held in transit at your request or that of any other party entitled to make such request.
(iii)resulting from a defect or vice in the Property, or from riots or strikes.
(c)To the extent permitted under the Carmark Amendment, the liability of the carrier for the Property may be limited to a value established by written or electronic declaration by you or by written agreement between the carrier and you. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of the Property as determined by the classification or tariffs upon which the rate is based, such lower value plus freight charges if paid shall be the maximum amount to be recovered, whether or not such loss or damage occurs from negligence.
Section 2 Filing of Claims
(a)Claims against the carrier for loss of or damage to the Property must be filed in writing with the carrier issuing this bill of lading within nine months after delivery of the Property (or, in case of export traffic, within nine months after delivery at port of export) or, in case of failure to make delivery, then within nine months after a reasonable time for delivery has elapsed. All causes of action must be instituted within two years following the date when written notice is given by the carrier to you that the carrier has disallowed the claim or any part or parts thereof specified in the notice. If your claim or action is not filed or instituted properly in accordance with the foregoing provisions, the carrier shall not be liable, and such claims may not be paid.
(b)The carrier shall have the full benefit of any insurance that may have been effected upon or on account of the Property in the event that the carrier is liable for loss of or damage to the Property.
Section 3 Method of Transportation
Except as expressly agreed in writing by the parties to this bill of lading, the carrier is not bound to transport the Property by any particular motor vehicle, or in time for any particular market or otherwise than with reasonable dispatch. The carrier shall have the right in case of physical necessity to forward said Property by any carrier or route between the point of shipment and the point of destination.
Section 4 Responsibility for Property
(a)If the Property is not removed by the party entitled to receive it within the free time allowed by tariffs or classifications upon which the rate is based, (such free time to be computed as therein provided), the carrier may notify the receiving party of the arrival of the Property at the destination or at the port of export (if intended for export). The carrier, in its discretion, may store the Property in a public or licensed warehouse at the place of delivery or other available place, at the cost of the owner. The stored Property will be subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. The carrier’s responsibility shall be that of a warehouseman only.
(b)Except as provided in subparagraph 4(c) below, if the Property is refused by consignee or the party entitled to receive it, or said consignee or party entitled to receive it fails to receive it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the Property at public auction to the highest bidder, at such place as may be designated by the carrier. Prior to any such sale, the carrier shall use commercially reasonable efforts to notify you that the Property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading if you do not arrange for an alternative disposition.
(c)If the Property is perishable and is refused by the consignee or party entitled to receive it at the destination location, or said consignee or party entitled to receive it shall fail to receive it promptly, the carrier, may, in its discretion, to prevent deterioration or further deterioration, sell the same to the best advantage at private or public sale. Prior to selling the Property, the carrier shall use commercially reasonable efforts to notify you of the refusal of the Property or the failure to receive it, and request instructions regarding disposition of the Property.
(d)If the procedure described in subsection (b) and (c) is not commercially reasonable, the carrier may, at its option, sell the Property under such circumstances and in such manner as may be authorized by law.
(e)The carrier shall apply the proceeds of any sale made under this section to the payment of freight, demurrage, storage, and any other lawful charges and the expense of notice, advertisement, sale, and other necessary expense and of caring for and maintaining the Property, if proper care of the same requires special expense. If following payment of the preceding there is a balance, such balance shall be paid to the owner of the Property sold hereunder.
(f)If you direct the carrier to deliver the Property to a location where there is no regularly appointed freight agent, the carrier shall not be liable for any loss or damage to Property occurring at such location after the Property has been unloaded at such location.
Section 5 Valuable Items
(a)The carrier’s liability in connection with the Property is limited to the lesser of the amount of your actual damages or the declared value stipulated by the carrier on the face of this bill of lading plus any freight charges paid by you.
(b)The carrier shall not be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed on this bill of lading.
Section 6 Joint Liability for Hazardous Goods
You, and if you are an agent, any owner of the Property, shall be joint and severally liable for and indemnify the carrier against all loss or damage caused by the shipment of explosives, dangerous or hazardous goods, without giving prior written notice to the carrier of their nature. At the discretion of the carrier, any such goods may be warehoused at your and the owner’s risk and expense or destroyed without compensation.
Section 7 Freight Charges and Payment
(a)You are primarily responsible for the freight and all other lawful charges, unless you stipulate in writing in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring payment of such charges and the carrier makes delivery without requiring such payment. If you provide erroneous information that results in the shipment being reconsigned or diverted to a location other than the location identified in the original bill of lading, you shall be liable for such additional charges. The respective liability of you and the consignee for additional charges provided for herein shall be pursuant to 49 U.S.C. § 13706.
(b)Nothing in this bill of lading shall limit the right of the carrier to require the prepayment or guarantee of charges at time of shipment. If upon inspection the carrier determines that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped.
Section 8 Effect of Shipper Signature
If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper’s signature to the prior bill of lading as to the statement of value or otherwise, or election of common law or bill of lading liability, in or in connection with such prior bill of lading, shall be considered a part of this bill of lading as fully as if the same were written or made in or in connection with this bill of lading.
Section 9 Transport by Water
If all or any part of the Property is carried by water over any part of said route, and any loss of or damage to the Property occurs while it is in the custody of the carrier providing the water carriage, the liability of such carrier shall be determined by that carrier’s bill of lading and by the laws and regulations applicable to transportation by water. Such water carriage shall be performed subject to all of the terms and provisions of, and all the exemptions from liability contained in the Harter Act or the Carriage of Goods By Sea Act, as applicable.
©Copyright 2009 J. J. KELLER & ASSOCIATES, INC.®, Neenah, WI • USA • (800) 327-6868 • jjkeller.com • Printed in the United States
The Hazard Bill of Lading is a crucial document in the transportation of hazardous materials. However, it is often accompanied by several other forms and documents that help ensure compliance and facilitate the shipping process. Below is a list of commonly used documents that work in conjunction with the Hazard Bill of Lading.
These documents play a vital role in the safe and compliant transportation of hazardous materials. Each one serves a specific purpose, helping to protect everyone involved in the shipping process, from the shipper to the end recipient.
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The Hazard Bill of Lading form is primarily used for transporting hazardous materials. It serves as a legal document that details the shipment's contents, including the type and quantity of hazardous materials being transported. This form ensures that all parties involved are aware of the nature of the materials, which is crucial for safety and compliance with federal regulations. By using this form, shippers can communicate necessary information to carriers and consignees, thereby facilitating safe transportation practices.
Shippers have several important responsibilities when using the Hazard Bill of Lading form. Firstly, they must accurately classify and describe the hazardous materials being shipped. This includes providing the correct packaging, labeling, and marking as per Department of Transportation regulations. Additionally, shippers are responsible for declaring the value of the property being transported. If any issues arise, such as loss or damage during transit, shippers must file claims within specified time frames. Failure to adhere to these responsibilities can lead to liability for any resulting damages or legal issues.
If there is a loss or damage during transportation, the shipper must file a written claim with the carrier within nine months of the delivery date. This claim should detail the nature of the loss or damage. If the claim is not filed within this time frame, the carrier may not be liable for any losses. The carrier's liability is generally limited to the lesser of the actual damages or the declared value of the property as stated in the Bill of Lading. It is essential for shippers to keep accurate records and follow the proper procedures to ensure their claims are considered.
While the Hazard Bill of Lading form contains standard terms and conditions, certain sections can be modified based on the agreement between the shipper and the carrier. For instance, shippers can specify payment terms, delivery instructions, and additional requirements for hazardous materials. However, any modifications must be documented in writing and agreed upon by both parties. It is crucial to ensure that any changes comply with applicable regulations to maintain the safety and legality of the shipment.
This form can be used for both hazardous and non-hazardous materials. However, it is crucial to indicate if hazardous materials are included.
Signing the bill does not absolve the shipper of responsibility. The shipper remains liable for any damages or losses associated with the shipment.
The carrier's liability is limited. They are not liable for damages caused by acts of God or other specified exceptions.
There is no guarantee of delivery by a certain date unless explicitly agreed upon in writing. The carrier is only obligated to deliver within a reasonable timeframe.
Claims must be filed within nine months after delivery. If not, the carrier may not be liable for any damages.
The declared value must be accurate. If it is found to be lower than the actual value, the recovery amount may be limited to the declared value.
The carrier can refuse delivery if charges are unpaid or if the consignee does not accept the shipment. However, they must provide notification.
This document is legally binding. Both the shipper and carrier must adhere to the terms outlined within it.
Changing the destination can result in additional charges. The shipper is responsible for any costs incurred due to such changes.
This form applies to multiple modes of transportation, including water. Regulations and liability terms may vary based on the mode used.