“Company” refers to Maryland Overpak Corporation.; “Shipper” refers to the customer of Maryland Overpak Corporation.
1. Shipper represents and warrants to Company that the Shipper is the owner or in lawful possession of the property and has legal right and authority to contract for services in connection therewith. Shipper agrees to indemnify and hold harmless Company against any and all costs, expenses and damages that it may sustain as a result of a breach of the foregoing representation
2. Shipper represents and warrants that all hazardous materials, if any, covered by these premises have been prepared, labeled, shipped, packed and declared in accordance with the provisions of the appropriate United States Government Regulations and other applicable civil, military or governmental authorities and of any other agency or institution of any jurisdiction, and of any amendment thereto. Such shipments will be accepted by Company only with previous full written certified description by the shipper of the nature, packaging and labeling of such material. Shipper shall be fully liable for and shall indemnify and save harmless the Company against any and all loss, damage and expenses that the Company may sustain as a result of the shipper’s breach of the foregoing representations and warranties.
3. All charges and freight are payable when the Shipper is notified that goods are ready for shipment. Goods not ordered shipped after the expiration of thirty days from the date of receipt are subject to additional storage charges. Interest at the maximum legal rate permitted by the laws of the State of Maryland will be charged on all balances unpaid for a period of thirty days after they become due.
4. Company accepts this merchandise as a bailee for hire and is to act only as agent for the Shipper and not as a common carrier.
5. Unless otherwise requested by the Shipper in writing, the Shipper authorizes the Company to employ the services of a duly certified common carrier for further transportation of the herein designated shipment at the lowest declared or released valuation and to execute necessary bills of lading or other documentation in the Shipper’s behalf.
6. Shipper assumes all risk and no liability of any kind attaches to Company for the storage of any articles not packed, or packed by persons other than the employees of Company. Such articles are received subject to acceptance by subsequent carriers or other agencies necessary for the transportation, transfer or handling of the shipment.
7. a) This shipment is accepted by Company for handling at Shipper’s risk, subject to loss, damage or delay caused by acts of God, enemies of the government, strikes, labor troubles, fires, theft, riots, insurrections, war and other causes beyond the control of the Company, and the acts or omissions of foreign or domestic, civil or military authorities.
b) Company will not be responsible for loss or damage to goods by moths, rats, mice or other vermin or insects, rust, leakage, shrinkage or deterioration by time or the elements while the goods are in its care and possession or while being transported or transferred to common carriers or another location.
8. Claims for any loss or damage must be presented in writing within thirty days from the date of arrival of the shipment at its destination and must be supported by a fully paid bill for all services performed by Company.
9. It is agreed that Company shall have a lien against the Shipper upon any and all property in Company’s possession, and on the proceeds from any sale thereof, for all charges provided herein, including, without limitation, claims for monies advanced, interest, demurrage, storage, transportation, insurance, labor and materials, reasonable attorneys’ fees and other legal expenses incurred by Company as a result of any litigation in which Company shall be involved in connection with said property.
10. The Company shall be liable only for loss and damage resulting from its failure to exercise due and proper care in performing the services and affording the facilities provided for herein. In no case shall the Company be liable for a sum in excess of $500.00 per package or non-packaged objects unless the shipper, or its representative, prior to the commencement of such services or the use of such facilities, declares a higher value and pays to the Company, in addition to the other charges, a charge computed at the current rate charged by the Company for such excess value. Said charge will not be less than one half of one percent (1/2 of 1%) of the declared value of each package or non-packaged object for the damage resulting from its failure to exercise due and proper care in performing the services or affording the facilities provided for herein. In some cases the charge may be considerably higher due to the unusual nature of the cargo. The word package shall include any van, container or other form of cargo unitization.
11. The terms and conditions herein cannot be modified except in writing, signed by an authorized representative of Shipper and an officer of the Company.
12. If any paragraph of these terms and conditions, or any portion thereof, is found to be unenforceable, for any reason, it shall not affect the validity of any other provision of said terms and conditions, which shall govern the rights, and responsibilities of the parties. The foregoing terms and conditions shall be construed according to the laws of the State of Maryland and no legal proceeding against Company may be instituted by the Shipper, its assigns or subrogees except in the State of Maryland.
13.Goods are not insured by the Company for the benefit of the shipper against fire, theft or any other casualty.