Southwest Moving and Transport, LLc
SECTION 1. The carrier shall be liable for physical loss of, or damage to, any articles caused by external forces while being carrier or held...storage in transit, except when the loss or damage is caused by:
(a) Any act, omission or order of the shipper;
(b) Military or other violent physical force used to support or repel any invasion insurrection, riot or civil war; or by military or usurped power of any civil authority wether in time of peace or war;
(c) Insects, moths vermin and ordinary wear and tear;
(d) Deterioration or inherent defect of the article;
(e) Strikes, labor disturbances, lockouts, riots, civil disruptions, or the acts of any person taking part in any such occurence.
The carrier shall not be liable for physical loss or damage to documents, currency, money, jewelry, watches, precious stones, or articles extraordinary value which are not specifically listed on the bill of lading.
In any event, the carrier's liability is limited to SIXTY CENTS (.60) per pound of the weight of the lost or damaged article, unless different value, not more than $10.00 per pound per article is declared, and shipper agrees to the applicable increased rates.
SECTION 2. The Carrier shall not be liable for any delay which results from any cause other than carrier's neglegence. The carrier is not bound to transport by any schedule or means other than with reasonable dispatch. The carrier has the right, in case of physical necessity, to forward shipper's property by any carrier or route between the point of shipment and the point of destination.
(a) The Shipper, upon tender of the shipment to carrier, and the consignee, upon acceptance of the shipment from carrier, shall be liable, jointly and severally, for all unpaid charges payable on account of a shipment in accordance with applicable tarriffs including, but not limited to, sums advanced or disbursed by a carrier on account of such shipment. The extension of credit to either shipper or consignee for such unpaid charges shall not thereby discharge the obligation of the party to pay such charges in the event the party to whom credit has been extended shall fail to pay such charges.
(b) The shipper shall idemnify carrier against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods.
SECTION 4. If, for any reason other than the carrier's negligence, delivery cannot be made at the addresses shown on the face of this bill of lading, or at any address of which the carrier has been properly informed, carrier, at it's sole option, and without liability, may store the shipment in warehouse of it's choice at the point of delivery or at other available places. The owner shall bear all costs of any such storage and all articles shipment so stored shall be subject to a lien for all accrued tariff and other lawful charges.
SECTION 5. Carrier may sell this shipment if:
(a) The shipment is refused by consignee at point of destination and the shipper, consignee or owner of the shipment fails to recieve or claim it within fifteen (15) days after carrier has sent notice by first class mail to the shipper and consignee at the address shown on the face of this bill of lading, or
(b) The shipper fails or refuses to pay lawfully applicable charges in accordance with the carrier's tariff.
Any sale under this section may, at carrier's option, be hend as follows:
(a) Pursuant to notice and in the manner authorized by law; or
(b) At public auction, to the highest bidder. The carrier may choose the time and place of such a sale, provided that thirty (30) days written notice of the time and place is gives to shipper and consignee. Carrier must also publish, at least once a week, for two consecutive weeks, newspaper of general circulation at or near the place of sale, a public notice of the sale containing a description of the property to be auctioned, as it is described in the bill of lading. The names of the consignor and consignee shall be included in the notice.
The proceeds of any sale made under this section shall be applied first toward payment of all lawful charges applicable to the shipment, including the reasonable cost of the sale itself; The costs shall include but are not limited to, expenses of notice, advertising, storage, maintenance of the property prior to sale and auctioneer's fee, if any. The balance, if any, shall be paid to the owner of the property.
SECTION 6. Any claim for any loss or damage, injury or delay, must be filed in writing with the carrier within six (6) months from the date the shipment is delivered. In the case of a failure to make delivery, the claim must be filed within six (6) months after a reasonable time for delivery passed. In the event the claim is not settled, any lawsuit must be instituted against the carrier within two (2) years and one (1) day from the date carrier gives written notice to the claimant that it has disallowed the claim or any part or parts of the claim. If a claim is not filed or suit is instituted in accordance with the provisions of this section, the carrier shall not be liable, and such a claim will not be paid.
In the event of litigation, in which carrier prevails, shipper shall be liable for all litigation costs including attorney fees.
SECTION 7. CARRIER HOUSEHOLD GOODS DISPUTE SETTLEMENT PROGRAM
WHAT IS ARBITRATION?
Arbitration is a substitute for going to court to settle disputes. Under arbitration procedures, two parties unable to resolve their differences submit their dispute to an impartial third person for a final determination. The proceeding is governed by rules and procedures agreed upon in advance by both parties.
WHO SPONSORS THIS PROGRAM?
The New Mexico Better Business Bureau is sponsoring this dispute settlement/arbitration program so that it's members may offer an effective, fair and expeditious way to solve disagreements in connection with loss and damage claims on household goods.
Southwest Moving and Transport, LLC operates pursuant to NMPRC Operating Authority No. 54421, issued by the New Mexico Public Regulation Commission, and the tariff approved by the commission. If you have any questions or problems with service provided by this company, you may contact the management at (505) 710-0203, and if the problem is not resolved, you may contact the New Mexico Public Regulation Commission, Transportation Division, P.O. Box 1269, Santa Fe, New Mexico 87504-1269, 1-800-947-4722.
[188.8.131.52 NMAC - Rp, 184.108.40.206 NMAC, 1-1-05]