CAL-VAN TRANSPORTATION SERVICES, INC.

BILL OF LADING TERMS AND CONDITIONS

This bill of lading, together with the rules, regulations, rates and charges contained in Carrier’s current rate documents, schedules and tariffs (collectively “tariffs”) which are expressly by this reference incorporated herein, governs the transportation services performed by Carrier in Interstate and intrastate commerce, the terms of which are agreed to by the shipper and consignee. The tariffs are maintained at Carrier’s headquarters in 12302 Kerran Street, Poway, California 92064. The specific tariff applicable to this shipment is indicated on the face hereof or with the “Broker”, CRST in Fort Wayne, Indiana. Carrier or Broker shall provide to the shipper, upon its request, a written or electronic copy of the applicable tariff. Carrier has established its rates and charges based upon the limitation of liability for the property as set forth in the applicable tariff, which is $0.60 per pound per item of property. Prior to Carrier’s handling, shipper may request from Carrier a greater value for the property, and the rates and charges for the transportation services shall be adjusted in accordance with Carrier’s applicable tariff. Valuation for up to $2500 is $71.04, valuation for up to $10,000 is $199.61, and thereafter third party insurance can be acquired The terms and conditions of any other bill of lading or document submitted to Carrier shall not govern Carriers services hereunder, and the acceptance or execution of any such document by Carrier’s driver shall not modify or amend the terms and conditions of this bill of lading or Carrier’s tariffs. The shipper or consignee may not vary Carrier’s terms and conditions of carriage, except as specifically outlined herein, and writing, typing or printing on the face hereof made by the shipper or consignee, or their agent or representative, shall be null and void to the extent inconsistent, additional different terms or conditions are contained thereon or therein. Carrier’s drivers do not have authority to modify Carrier’s terms and conditions or to accept on Carrier’s behalf any terms or conditions inconsistent, additional or different from those set forth herein or in the tariff.

Carrier’s services are governed by and subject to all of the rules, regulations, rates and charges set forth in Carrier’s currently applicable tariffs (as defined above) maintain at Carrier’s headquarters at the address set forth above, or the Brokers offered tariffs as referenced on the face hereof; including without limitation the following terms and conditions.

SECTION 1. Carrier, or the party in possession of any of the property herein described, shall be liable as required by law for any loss of or damage to such property from external causes, subject of Carrier’s maximum liability as set forth in the applicable tariff or as agreed to by Carrier’s authorized representative. The agreed value or release value is Carrier’s maximum liability, regardless whether loss or damage, including injury or delay, occurred due to Carrier’s negligence, and applies to any claim resulting from the performance or nonperformance of any services for which Carrier has contracted to perform. Additionally, Carrier shall have no liability for loss, damage or delay caused by or resulting from:

  1. an act, omission or order of the shipper or consignee,
  2. insects, moths, vermin or ordinary wear and tear,
  3. defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes there.
  4. a (1) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack (A) by any government or sovereign power, or by any authority maintaining or using military, naval or air forces: (B) by military, naval or air forces or (C) by an agent of such government, power, authority or forces; (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (3) insurrection rebellion, revolution, civil war, usurped power or action taken by governmental authority in hindering, combating or defending against such an occurrence; (4) seizure or destruction under quarantine or customs regulations; (5) confiscation by order of any government or public authority; or (6) risk of contraband or illegal transportation or trade. strikes, lockouts, labor disturbances, riots, civil commotions or the acts of any person or persons taking part in any such occurrence or disorder,
  5. highway obstruction, faulty or impassable highways, lack of capacity of any highway, bridge or ferry, breakdown or mechanical defect of vehicles or equipment or from any cause other than the negligence of Carrier,
  6. any force majeure, Act of God, war, insurrection, acts of terrorism, whether within or outside of the US, riot, civil disturbance, strike, picketing or other labor disturbance would (1) subject operations to unreasonable risk of loss or damage to life or property or (2) unreasonably jeopardize the ability of the Carrier to render linehaul or pickup or delivery or any other service from or to of at other points or locations, or
  7. any damage due to improper shipper or consignee packing, bracing or preparation.

Carrier will repair damaged items if possible, subject to the applicable limitation of liability. If repair is not possible, Carrier will, at its option, either replace an item with like kind and quality or pay the lesser of the depreciated value of the item or the released value, which is based upon the weight of the item, set forth in the applicable tariff. If the shipper has requested a value for the shipment in excess of the released value and Carrier has agreed to such increased value, payment by Carrier for loss or damage (if Carrier cannot or does not repair or replace the item) shall be based upon depreciated value of the item. Carrier shall have no liability for any indirect, incidental, special, consequential or exemplary damages or lost profits, even if Carrier has been advised of the possibility of such damages.

SECTION 2. Carrier shall not be bound to transport by any particular schedule, means, vehicles or other than with reasonable dispatch. Carrier shall have the right to forward the property by any carrier or route between the point of shipment and the point of destination.

SECTION 3. The shipper, upon tender of the shipment to Carrier, and the consignee, upon acceptance of delivery of the shipment from Carrier, shall be liable, jointly and severally, for any and all charges payable on account of the shipment in accordance with the applicable tariffs, including without limitation sums advanced or disbursed by Carrier on account of such shipment and any costs of collection including reasonable legal costs and attorneys’ fees. No offset is permitted against the Charges for any claim filed by the shipper or the consignee, and full payment must be made regardless of any right to file a claim against Carrier. The prevailing party in any action between the parties relating to the shipment tendered to Carrier hereunder shall be entitled to its legal costs and reasonable attorneys’ fees. The extension of credit to either the consignee for charges shall not thereby discharge the obligation of the other party to pay such charges in the event the party to whom credit has been extend shall fail to pay such charges. Payment shall be made in the lawful currency of the United States. The shipper and consignee shall indemnify Carrier against loss, damage or delay caused by inclusion in the shipment of explosives, hazardous materials, dangerous articles or goods, or intangible property.

SECTION 4. If for any reason other than the fault of Carrier, delivery cannot be made at the address shown on the face hereof or at any changed address of which Carrier has been notified, Carrier, at its option, may cause the articles contained in the shipment to be stored in a warehouse selected by it at the point of delivery or at any other available point, and held there without liability on the part of Carrier, at the cost of the owner and/or shipper, and subject to a lien for all accrued tariffs and other lawful charges, including storage charges.

SECTION 5. Carrier shall have a general transportation and/or warehouseman’s lien upon any and all properly now or hereafter delivered to or deposited with Carrier for all charges for the transportation, storage, preservation of the property, and the performance of other services. Such liens shall include money advanced, interest, insurance, labor, weighing, coopering, wrapping and other charges in relation to the property or any part thereof; shall include all charges and expenses for notice and advertisement of sale and for sale of the properly where there has been a default in satisfying Carrier’s lien: and shall include all court costs and reasonable attorneys’ fees in collecting such charges, enforcing its lien or defending itself in the event that Carrier is made a party to any litigation concerning the properly while the same is in its possession.

SECTION 6. if the shipment is refused by the consignee at destination, or if the shipper, consignee or owner of property fails to receive or claim it within fifteen (15) days after written notice by mail addressed, to the shipper and consignee at the address as shown on the face hereof, or if the shipper fails or refuses to pay the charge in accordance with the Carriers applicable tariff, Carrier may sell the property at its option, either a) upon notice in the manner authorized by law or b) at public auction to the highest bidder for cash at a public safe to be held at a time and place named by Carrier, thirty (30) days notice of which sale shall have been given in writing to the shipper and consignee, and there shall have been published at least once a week for two consecutive weeks in a newspaper of general circulation at or near the place of sale, a notice thereof containing a description of the property as described in the bill of lading, and the names of the consignor and consignee. The proceeds of any sale shall be applied toward payment of the charges applicable to the shipment and toward expenses of the notice, advertising and sale, and of storing, caring for and maintaining the property prior to sale, and all costs and expenses covered by Carrier’s lien and the balance, if any, shall be paid to the owner of the property. Any perishable articles contained in the shipment may be sold at public or private sale without such notices if in the opinion of Carrier such action is necessary to prevent deterioration or further deterioration. Nothing contained in this section shall be construed to abridge the right of Carrier at its option to sell the property under such circumstances and in such manner as may be authorized by law.

SECTION 7. As a condition precedent to recovery, a claim for any loss or damage, injury or delay must be filed in writing with Carrier within nine (9) months after delivery to the consignee as shown on the face hereof, or in the case of failure to make a delivery, then within nine (9) months after a reasonable time for delivery has elapsed and suit must be instituted against Carrier within two (2) years and one (1) day from the date when notice in writing is given by Carrier to the claimant that Carrier has disallowed the claim or any part or parts thereof specified in the notice. Where a claim is not filed or suit is not instituted thereon in accordance with the foregoing provisions. Carrier shall not be liable and such a claim shall not be paid. There is no legal presumption that Carrier is responsible for any loss or damage to the property of shipper or consignee’s premises, however, there is a legal presumption that Carrier did not cause the loss or damage to the property or shipper or consignee’s premises if a claim is not filed in writing with Carrier at the above address within five days after delivery.

SECTION 8. The shipper and consignee represents and warrants that it is lawfully possessed of the property and has the authority to transport or store the properly in accordance with the terms hereof. The shipper and consignee shall indemnify and hold Carrier harmless in the event Carrier is made a party to any litigation by reason of having the property or any portion thereof transported or stored and to pay all legal costs and attorneys’ fees incurred in connection therewith. Carrier’s lien shall secure all costs and expenses in addition to its transportation and/or storage charges.