Bill of Lading Terms

The Bill of Lading (BOL) is a transport document issued by Colivelo Shipping (or its designated carrier) that serves three functions: (a) a receipt for the goods delivered to the carrier, (b) evidence of the contract of carriage, and (c) a document of title, where applicable. The terms and conditions set forth below are incorporated by reference into every BOL issued by Colivelo Shipping and form part of the contract of carriage between the Shipper and Colivelo.

By tendering goods to Colivelo for transportation, the Shipper warrants that:

• The particulars declared on the BOL — including commodity description, number of packages, weight, dimensions, marks, and numbers — are accurate and complete.
• The goods are packed in a manner adequate to withstand the ordinary rigors of the mode of transport selected.
• The goods are lawful to transport and do not include prohibited, restricted, or undeclared hazardous materials.
• The Shipper has the legal right to consign the goods and that all required export/import licenses and permits have been obtained.
• The declared value of the goods, if stated, represents the true replacement value.

The Shipper indemnifies Colivelo against all losses, damages, fines, and expenses arising from any breach of the above warranties.

The BOL is issued subject to the goods being received in apparent good order and condition, except as noted on the BOL. The number of packages, weight, and measurements stated on the BOL are declarations by the Shipper. Colivelo and its Carriers are not obligated to verify the accuracy of such declarations unless specifically agreed in writing. "Said to contain," "shipper's load and count," or similar notations on the BOL mean the carrier has not verified the contents of sealed containers.

The terms of the BOL are governed by the following conventions and laws, depending on the mode of transport:

• Ocean transport to/from the United States: The Carriage of Goods by Sea Act (COGSA), 46 U.S.C. § 30701. COGSA applies from the time goods are loaded on board the vessel until they are discharged.
• Ocean transport to/from other countries: The Hague-Visby Rules as enacted in the applicable jurisdiction, or the Hamburg Rules where applicable.
• US domestic motor transport: The Carmack Amendment (49 U.S.C. § 14706) and the motor carrier's terms and conditions as published in its tariff.
• Air transport: The Montreal Convention (1999) or the Warsaw Convention (1929 as amended), as applicable.
• International multimodal transport: The convention or national law applicable to the unlocalized or localized segment of transport where loss, damage, or delay occurred.

Colivelo's liability for loss, damage, or delay is limited as follows, unless a higher value has been declared on the BOL before shipment and additional charges, if any, have been paid:

• Ocean (COGSA): $500 per package or customary freight unit (46 U.S.C. § 42811).
• Ocean (Hague-Visby): 666.67 SDR per package or 2 SDR per kilogram, whichever is greater.
• US domestic motor (Carmack): The released value stated on the BOL. In the absence of a declared value, the default released value applies.
• Air (Montreal): 22 SDR per kilogram of the goods destroyed, lost, or damaged.

To recover above these limits, the Shipper must declare a higher value on the BOL before shipment and pay any additional charge. All-risk cargo insurance is included with every shipment up to $50,000. See our Insurance Coverage & Limits page for details.

Neither Colivelo nor the Carrier shall be liable for loss, damage, or delay caused by:

• Act of God, force majeure, or inherent vice of the goods.
• Inadequate or improper packing by the Shipper, Shipper's agents, or Consignee.
• Insufficiency or inadequacy of marks or numbers on packages.
• Strike, lockout, stoppage, or restraint of labor (partial or general).
• Riots, civil commotions, or acts of war or terrorism.
• Customs inspection, detention, or seizure by government authority.
• Nuclear, radioactive, or biological contamination.
• Wear and tear, ordinary breakage, or inherent defect of the goods.

Notice of intent to claim must be given as follows, failing which Colivelo shall be discharged from all liability:

• Visible damage or shortage: At the time of delivery or within 3 days thereafter.
• Concealed damage: Within 15 days after delivery.
• Total loss or non-delivery: Within 15 days after the date the goods should have been delivered.
• Delay claims: Within 21 days after the goods have been delivered.

A formal written claim must be filed within 9 months of the date of delivery (or the date the goods should have been delivered). See our Claims Process & Terms for full details.

Colivelo and its Carriers have a general lien on all goods (and documents relating to them) in their possession for any amounts due from the Shipper or Consignee, whether for the current shipment or any prior shipment. Colivelo may sell the goods to satisfy the lien after giving reasonable notice to the Shipper and Consignee.

No agent, employee, or representative of Colivelo has authority to vary, amend, or waive any term of the BOL except in writing signed by an authorized officer of Colivelo. Any variation or waiver shall not constitute a general waiver or amend the terms for any other shipment.

The BOL and the contract of carriage shall be governed by the law of the jurisdiction stated on the BOL. Unless otherwise stated, shipments originating in the United States shall be governed by the laws of the State of New York. Disputes shall be resolved through binding arbitration in accordance with the dispute resolution provisions of our Terms of Service.