The Hazard Bill of Lading is a crucial document that serves as a receipt of goods and a contract between a shipper and carrier for transportation of hazardous materials. This form outlines essential details about the shipment, such as the type and quantity of hazardous materials being transported. Understanding how to properly complete this form is vital for ensuring compliance with regulations and safe transit of dangerous goods.
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The Hazard Bill Of Ladden form is a crucial document used in the transportation of hazardous materials. This form facilitates the safe and legal shipping of goods that pose risks, ensuring compliance with federal regulations. Key details captured on this form include the names and addresses of both the shipper and consignee, a description of the hazardous materials being transported, and necessary packaging information. It also specifies the weight, quantity, and classification of the materials, which is essential for accurate handling and transport. In addition, the form contains terms and conditions related to liability limitations, freight charges, and claims processes. One notable aspect is how it emphasizes the responsibility of the shipper to clearly declare the contents, which helps prevent accidents during transit. The form is also designed to be non-negotiable, reinforcing the importance of proper handling. Comprehensive information about emergency response contacts and protocols is included to address any potential incidents during transport. This document functions not only as a packing slip but as a legally binding contract, underlining the importance of accuracy and thoroughness in every shipment. Understanding the intricacies of the Hazard Bill Of Ladden form is essential for those involved in the logistics of hazardous materials.
®, 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
Once you have gathered all necessary information and documents, you will be ready to fill out the Hazard Bill Of Lading form. It is essential to complete this form accurately, as it plays a critical role in the transportation of hazardous materials. The following steps will guide you through the process of completing the form effectively.
After completing these steps, review the form for accuracy. Ensure that all required information has been filled out correctly. Once verified, the form is ready for submission, and you can proceed with the shipment process according to the applicable regulations and guidelines.
What is the Hazard Bill of Lading form?
The Hazard Bill of Lading is a document used for transporting hazardous materials. It includes essential information about the shipment, such as the description of the articles, quantity, weight, and the parties involved in the transaction. This form is crucial to comply with safety regulations and ensure the safe handling of hazardous goods.
Who is responsible for filling out the form?
The shipper is primarily responsible for completing the Hazard Bill of Lading form. This includes providing accurate details regarding the hazardous materials being transported, the quantities involved, and any special handling instructions. Failing to provide correct information may lead to delays or legal issues.
What are the implications of liability in the bill of lading?
Liability limitations are clearly outlined in the Hazard Bill of Lading. Generally, the carrier accepts responsibility for loss or damage to the property under common law. However, the carrier may not be liable for issues caused by acts of God or requests made by the shipper for delays. If the carrier does incur liability, it may be limited to the declared value of the goods as stated in the form.
How are claims for lost or damaged property filed?
Claims must be submitted in writing to the carrier within nine months of delivery or, in case of non-delivery, within nine months after a reasonable delivery time has passed. If these timelines are not adhered to, the carrier may deny the claim. This strict timeline emphasizes the importance of prompt action in case of disputes over the shipment.
What should I do if the consignee refuses to accept the goods?
If the consignee refuses the goods or does not accept them within 15 days after being notified of arrival, the carrier may sell the goods at public auction. The carrier will provide notice to the shipper about the refusal or failure to collect the goods. Depending on the nature of the goods, special handling may be required.
What risks do I face if I ship hazardous materials?
Shipping hazardous materials carries several risks. The shipper is held jointly liable for any loss or damage caused due to improper handling or notification of the material's hazards. If the regulations are not followed, the carrier may refuse to transport the goods or may warehouse them at the shipper's expense, further complicating the situation.
Filling out the Hazard Bill of Lading form is a critical task for those managing hazardous materials. Mistakes in this process can lead to severe consequences, including delays in transportation and legal penalties. One common error is failing to accurately describe the materials being shipped. The form requires precise information about the nature of the hazardous goods. Incomplete or vague descriptions can lead to misclassification, subsequently resulting in potential fines and increased liability for the shipper.
Another mistake frequently encountered involves incorrect entries for weight and quantity. Every package must be weighed accurately, and the total quantity must match the stated number of packages. Inaccurate declarations can complicate the billing process and may even lead to penalties under federal regulations. Each detail counts when it comes to hazardous materials, and overlooking the weight can adversely affect the safe handling and transportation of the materials.
Additionally, individuals sometimes overlook the necessity of providing proper contact information for emergency response. The form includes sections for emergency contact names and numbers, which are vital for the safety of all parties involved in the shipping and receiving process. Failure to include this information can lead to disastrous situations during an emergency, as responders may not have the necessary details to ensure a swift and safe approach.
Some people also mistakenly select the wrong payment terms. The distinction between prepaid and collect deliveries is crucial. Choosing the incorrect option not only leads to billing complications but could shift the financial responsibility to the wrong party, creating disputes among shippers, carriers, and consignees. Such misunderstandings often prolong resolution processes and strain business relationships.
Lastly, misinterpretation of liability clauses creates significant risk. Many individuals do not fully understand the implications of signing on to indemnity clauses or the limitations of liability for hazardous materials. This can result in unintentional acceptance of terms that may leave them financially vulnerable if an issue arises during transportation. Recognizing and understanding these terms is essential to maintaining compliance and protecting oneself against unforeseen liabilities.
When transporting hazardous materials, the Hazard Bill of Lading form plays a critical role in ensuring compliance with federal regulations. However, it often accompanies various other forms and documents that facilitate safe transportation and regulatory adherence. Here are some commonly used documents that complement the Hazard Bill of Lading:
By understanding these additional documents, businesses can better navigate the complexities of transporting hazardous materials. Each plays a vital role in ensuring safe and compliant shipping practices, ultimately protecting all parties involved.
When filling out the Hazard Bill Of Lading form, attention to detail is crucial. Here are some important dos and don’ts to guide you through the process.
This form includes provisions for more than just hazardous materials. While it does emphasize hazardous goods, it can also manage shipments that do not fall under that category. It functions as a comprehensive transport document for any type of cargo.
Signatures on the bill do not absolve the shipper from all responsibility. The shipper retains liability for issues like incorrect labeling or hazardous materials. Understanding the contractual responsibilities involved in signing is crucial for both parties.
The carrier is liable based on certain conditions as outlined in the bill of lading. They are not automatically responsible; factors such as acts of God or shipper errors can absolve them of liability under specific circumstances.
Claims against the carrier must be filed within a specified timeframe, typically within nine months of delivery. Failing to meet this requirement limits the ability to seek compensation, making timely action essential.
Freight charges can vary based on several factors, including the actual nature of the goods shipped. If the details provided on the bill of lading are inaccurate, the carrier may adjust charges according to the reality of what is shipped.
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