Spur Freight Bill of Lading Terms and Conditions

These terms and conditions of service constitute a legally binding agreement between the Customer (Shipper) and SPUR (Carrier). As used in this agreement, Carrier means SPUR and its authorized agents; Shipper means any entity, person or Consignee who owns the item(s) shipped, or claims beneficial rights to the item(s), and/or has identified itself as such.

  1. In tendering and receiving this shipment for transport, the Shipper and Carrier mutually agree to the Carrier’s standard terms and conditions included herein, which no agent or employee of either party may alter. Shipper hereby certifies that it is familiar with the terms and conditions of this agreement, and accepts them for itself or its assigns.
  2. The Carrier’s BOL is a non-negotiable instrument originated by the Shipper or prepared on the Shipper’s behalf by Carrier.
  3. Carrier acknowledges the receipt of the property described in front of each BOL in apparent good order or condition, contents and conditions unknown, except as otherwise noted on the face of the BOL. Carrier is not bound to transport said property by a particular scheduled or vehicle, in time for any particular market, or in any particular manner other than with reasonable dispatch.
  4. Carrier has the right to transfer or forward said property to another agent or carrier while in route to its destination.
  5. Shipper warrants that each shipment: (a) is in good order and condition (except as otherwise noted on the BOL or packing slip), appropriately labeled; (b) is properly packaged to adequately protect the enclosed goods and insure safe transportation with ordinary care and handling; (c) will not contaminate other shipment with which it may be collated; and (d) contains no hazardous materials as defined by the US Department of Transportation (D.O.T.). Shipments may be opened and inspected at Carrier’s option.
  6. As to each shipment, Carrier is not liable for any loss or damage thereto, non-delivery, mis-delivery, or other results caused by: (a) an act, default, or omission of the Shipper, Consignee, or any party claiming interest in the shipment, including any breach of warranty set forth above; (b) the nature of the shipment or any defect, characteristic or inherent vice thereof; (c) violation by the Shipper or Consignee of any part of this agreement; (d) acts of God, public enemies, terrorists, public authorities acting with actual or apparent authority, authority of law, quarantine, strikes, riots, civil commotions, or consequences of hostile or warlike operations (whether there is a declaration of war or not); (e) nuclear hazards; or (f) non-compliance with any delivery instruction.
  7. Carrier does not accept, and reserves the right to reject, any shipment that (a) is considered hazardous material by the D.O.T.; or (b) can be transported legally or safely, including but not limited to: fur, liquor, tobacco, fire arms, live animals, currency, negotiable documents, other valuable papers, collectibles, or items of extraordinary value.
  8. In consideration for the rates charged for a shipment, which rates may be in part dependent upon the value of the shipment, Shipper, Consignee, and all other parties claiming an interest in the shipment agree that carrier’s liability is limited to $0.50 per pound, unless a higher value is declared on the front of the BOL at the time of shipment and an additional applicable charge is quoted by SPUR and paid in advance by the Shipper. In any event, Carrier is not liable for special, consequential, or incidental damages, whether or not the Carrier knew that such damages might be incurred.
  9. All claims and required notices must be submitted in writing to 1100 E. Howard Lane #525, Austin TX 78753 and a copy may be sent via email to [email protected], subject to the following:
    1. Damage must be reported to the Carrier within 72 hours if the delivery receipt noted the damage, or within 7 days if it was discovered after a clean delivery receipt was given, with privilege to the Carrier to inspect the shipment, its container(s), and packaging materials within 30 days after receipt of such concealed damage notice.
    2. All loss or damage claims must be delivered to the Carrier within 60 days of acceptance of the shipment by Carrier.
    3. Claims for overcharges or duplicate billing must be made within 60 days of acceptance of the shipment by Carrier.
    4. No claim for shipment, any part of which is received by Consignee, will be processed until all storage, handling, and transportation charges are paid in full.
    5. Claims may not be deducted from transportation charges.
    6. Claims will be presented and adjusted in accordance with 49 CFR 1005, and ICC Administrative Rulings 65 and 128 shall apply.
  10. Carrier shall not be liable for any action unless a written claim has been filed and such action is brought within 90 days from the date written notice was given by the Carrier that the claim was denied in whole or in part.
  11. Shipper and Consignee shall be jointly and severally liable: (a) for all unpaid charges payable on the account of a shipment pursuant to a BOL; and (b) to pay and/or indemnify Carrier for all claims, fines, penalties, damages, costs, or other sums which may be incurred by Carrier for reason of any violation of the BOL agreement, or any other violation by the Shipper, Consignee, or their agents.
  12. Carrier shall have a lien on each shipment for all sums due and payable to Carrier. All sums are due and payable upon receipt, and in no case later than 10 days after presentation. In the case of storage, Carrier shall have a statutory and common law warehouseman and bailment liens on each shipment.
  13. In the event Carrier must retain an attorney or commence legal proceedings to enforce any portion of the BOL and/or related agreement, the Shipper and Consignee shall be jointly and severally liable for all costs and reasonable attorney’s fees.
  14. In the event of failure or inability of Consignee to take or accept delivery of a shipment, Carrier will notify Shipper at the location of the BOL and request disposition instructions. If the Shipper fails to provide disposition instructions timely, and in no case in less than 14 days after the Carrier’s notice, the Carrier may return the shipment to Shipper at Shipper’s expense. If the Shipper fails to take or accept delivery of a shipment thus returned, Carrier may (upon a 30-day written notice to the Shipper) dispose of the shipment at a public or private auction and pay itself out the proceeds to satisfy transportation, handling, storage, and other charges incurred. Any sums collected in excess of such charges shall be paid to Shipper. No sale pursuant to this rule will discharge any liability or lien to an extent greater than the proceeds thereof. The Shipper and Consignee shall remain jointly and severally liable for any deficiency.
  15. The BOL agreement constitutes the entire agreement between the parties here pertaining to the subject matter thereof, and supersedes any and all prior and contemporaneous understandings, negotiations, and discussions of the parties, whether written or oral.
  16. Carrier shall not be liable for concealed loss or damage claims. Shipper tenders all shipments as Shipper’s Load & Count (SL&C): loaded and/ or sealed by Shipper, and not checked or verified by Carrier.
  17. Shipper agrees not to remove or repair any damages or partial losses until Carrier or Carrier’s agent has inspected and documented reported damage or loss, which should occur within approximately 30 days from notification of claim. Carrier will not be liable for any claims for which it was not able to full inspect to repair or removal.
  18. All charges must be paid by Customer in advance unless Carrier agrees in writing to extend credit to Shipper; the granting of credit to Shipper in connection with a particular transaction shall not be considered a waiver of this provision by Carrier.
  19. Shipper and Consignee each agree to indemnify, defend, and hold Carrier harmless from: (a) claims and/or liability arising from the transportation and storage of Shipper’s or Consignee’s merchandise; (b) any conduct of the Shipper or Consignee which violates Federal, State and/or other laws; (c) any and all liability, loss, damages, costs, claims and/or expenses, including but not limited to reasonable attorney’s fees, which the Company may hereafter incur, suffer or be required to pay by reason of such claims. In the event that any claim, suit or proceeding is brought against Carrier, it shall give notice in writing to the Shipper and/ or Consignee by mail at its address on file with the Carrier
  20. These terms and conditions of service and the relationship of the parties shall be construed according to the laws of the State of Texas without giving consideration to principles of conflict of law. All disputes arising hereunder shall be resolved in Williamson County, Texas and at no other place. Shipper, Consignee and Carrier irrevocably agree and consent (a) to the jurisdiction of the State and Federal courts located in Williamson County, State of Texas; (b) that any action relating to the services performed by Carrier shall only be brought in said courts; (c) to the exercise of in person jurisdiction by said courts over it; and (d) that any action to enforce a judgment may be instituted in any jurisdiction.