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®, 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

 

 

 

Street

 

 

 

 

 

 

Destination

 

 

Zip

Origin

 

 

 

 

Zip

 

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)

 

 

 

 

 

 

 

 

 

 

CONTAINS HAZARDOUS MATERIALS

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).

 

 

PLACARDS

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:

 

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

Documents used along the form

The Hazard Bill of Lading form is a crucial document in the transportation of hazardous materials. However, it often works in conjunction with several other forms and documents to ensure compliance with regulations and to facilitate smooth shipping processes. Below is a list of common documents that are typically used alongside the Hazard Bill of Lading.

  • Shipping Manifest: This document provides a detailed list of all items being shipped, including descriptions, quantities, and weight. It serves as a record for both the shipper and the carrier, ensuring that all parties are aware of what is being transported.
  • Material Safety Data Sheet (MSDS): An MSDS outlines the hazards associated with a particular substance, including handling, storage, and emergency measures. It is essential for informing workers and emergency responders about the risks involved with hazardous materials.
  • Emergency Response Guidebook (ERG): This guide provides first responders with information on how to manage incidents involving hazardous materials. It includes details on potential hazards and recommended actions in case of an emergency.
  • Room Rental Agreement: Before renting a room, both landlords and tenants should carefully review the https://nypdfforms.com/room-rental-agreement-form/, which outlines the terms and conditions of the rental arrangement, ensuring clarity and protecting rights.
  • Certificate of Compliance: This document certifies that the shipment meets all applicable safety and regulatory requirements. It is often required for international shipments and provides assurance to authorities that the materials are properly handled.
  • Hazardous Waste Manifest: Used when transporting hazardous waste, this form tracks the movement of waste from its point of origin to its final disposal site. It ensures that hazardous waste is handled and disposed of properly according to regulations.
  • Driver's Log: This log records the hours of service for the driver transporting hazardous materials. It helps ensure compliance with regulations governing driving hours and rest periods, promoting safety on the road.
  • Customs Declaration: For international shipments, this document is required to declare the contents of the shipment to customs authorities. It includes information about the nature of the goods, their value, and their compliance with import/export regulations.

Utilizing these documents in conjunction with the Hazard Bill of Lading helps ensure that hazardous materials are transported safely and in compliance with all relevant regulations. Each document plays a vital role in protecting public safety and the environment during the shipping process.

Similar forms

  • Uniform Commercial Code (UCC) Bill of Lading: Similar to the Hazard Bill of Lading, the UCC Bill of Lading serves as a document of title and outlines the terms of transportation for goods. It ensures that the rights and responsibilities of the shipper and carrier are clearly defined.
  • Freight Bill: This document details the charges for transporting goods. Like the Hazard Bill of Lading, it specifies payment terms and responsibilities, ensuring transparency in freight costs.
  • Durable Power of Attorney: Similar to the Hazard Bill of Lading in its role of providing authority and documentation, the Arizona Durable Power of Attorney form allows individuals to designate someone to make important decisions on their behalf, especially in crucial situations where they may be unable to act on their own.
  • Air Waybill: Used for air cargo, this document is similar in that it acts as a contract between the shipper and the airline. It includes details about the shipment and serves as a receipt for the goods.
  • Ocean Bill of Lading: This document is specifically for sea transport. It shares similarities with the Hazard Bill of Lading in terms of outlining the carrier's obligations and the shipper's rights regarding hazardous materials.
  • Consignment Note: This document accompanies goods during transport. It provides essential details similar to those found in the Hazard Bill of Lading, such as the description of the goods and terms of delivery.
  • Certificate of Origin: While primarily focused on the origin of goods, it is similar in that it is often required for the transport of certain items, ensuring compliance with regulations related to hazardous materials.
  • Dangerous Goods Declaration: This document specifically identifies hazardous materials and their handling requirements. Like the Hazard Bill of Lading, it ensures compliance with safety regulations during transportation.
  • Shipping Manifest: This document lists all items being shipped. Similar to the Hazard Bill of Lading, it provides an overview of the shipment and ensures that all parties are informed of the contents being transported.

Misconceptions

Misconception 1: The Hazard Bill of Lading is only for hazardous materials.

While this form is specifically designed to handle shipments that contain hazardous materials, it can also be used for non-hazardous items. The key is that the shipper must indicate whether the shipment includes hazardous materials. If not, the form can still serve as a standard bill of lading for other types of goods.

Misconception 2: The shipper is not responsible for the freight charges if the consignee refuses the shipment.

In fact, the shipper remains liable for freight and other lawful charges even if the consignee refuses to accept the shipment. This means that if the consignee does not pick up the package, the shipper may still incur additional costs, such as storage fees or re-delivery charges.

Misconception 3: Once the Hazard Bill of Lading is signed, the carrier is fully responsible for the shipment.

While the carrier does have responsibilities, the shipper also has obligations. The shipper must ensure that the information on the bill is accurate and that the materials are properly classified and packaged. If the shipper fails to provide correct information, they may be held liable for any resulting issues.

Misconception 4: The liability of the carrier is unlimited for lost or damaged goods.

This is not true. The carrier's liability is often limited to the declared value of the goods as stated on the bill of lading. If the shipper does not declare a value, the carrier may only be liable for the actual damages incurred, which could be significantly less than the value of the goods.

Understanding Hazard Bill Of Ladden

  1. What is the Hazard Bill of Lading?

    The Hazard Bill of Lading is a legal document used in the transportation of hazardous materials. It serves as a receipt for the goods being shipped and outlines the terms of the shipment. This form provides crucial information about the nature of the materials, the parties involved, and the conditions under which the shipment is made. It ensures that all parties are aware of the hazardous nature of the contents and comply with safety regulations.

  2. Who needs to use the Hazard Bill of Lading?

    Anyone involved in the shipping of hazardous materials must use the Hazard Bill of Lading. This includes shippers, carriers, and consignees. If you are a business that regularly transports hazardous materials, using this form is essential for ensuring compliance with federal and state regulations. It protects all parties by clearly stating the responsibilities and liabilities associated with the shipment.

  3. What information is required on the form?

    The Hazard Bill of Lading requires specific details, including:

    • Shipper and consignee names and addresses
    • Description of the hazardous materials
    • Weight and quantity of the shipment
    • Hazard classification
    • Freight charges and payment terms
    • Signatures of the shipper and carrier

    This information helps ensure that everyone involved in the transportation process is aware of the contents and their potential risks.

  4. What are the liabilities associated with using this form?

    Liabilities can vary based on several factors. Generally, the carrier is responsible for loss or damage to the property, unless the loss is due to specific circumstances like acts of God or defects in the property itself. Shippers are also liable for any damages caused by the shipment of hazardous materials without proper notification. This means that both parties should understand their responsibilities to minimize risks.

  5. How long do I have to file a claim for loss or damage?

    If you experience loss or damage during transportation, you must file a claim in writing within nine months of the delivery date. For export traffic, this period applies from the date of delivery at the port of export. If the carrier disallows your claim, you have two years to initiate any legal action. Timely filing is crucial to ensure that you can recover any losses.

  6. What should I do if the consignee refuses to accept the shipment?

    If the consignee refuses the shipment, the carrier may sell the property at public auction after notifying the shipper. If the goods are perishable, the carrier may sell them to prevent further deterioration. It's important to have clear communication with the carrier and consignee to avoid complications and potential losses.

  7. Can I amend the Hazard Bill of Lading after it has been issued?

    Amending the Hazard Bill of Lading after it has been issued can be complex. If changes are necessary, it’s best to consult with the carrier and document any amendments in writing. This ensures that all parties are aware of the changes and helps maintain compliance with regulations. Always keep a record of any modifications for future reference.