Okla. Admin. Code § 165:30-13-24

Current through Vol. 41, No. 19, June 17, 2024

Section 165:30-13-24 - Valuation and liability

(a) All household goods carriers shall obtain a written valuation selection from the shipper prior to shipment. A household goods carrier must ensure the shipper selects one of the two (2) following valuations:

(1)Released value. Released value is the minimum amount a household goods carrier is liable to a shipper for lost or damaged goods. An intrastate household goods carrier may not charge a shipper an extra charge for a released value selection. Under released value, a household goods carrier is responsible, at its option, to replace, repair or settle in cash any article(s) that is lost, damaged destroyed or otherwise not delivered, at an amount of $.60 per pound of the weight of any article.

(2)Full value. Full value requires a household goods carrier to replace, repair or settle in cash any article(s) that is lost, damaged, destroyed or otherwise not delivered to the final destination while in the intrastate household goods carrier's custody. The carrier is required, at its option, to repair the article to the extent necessary to restore it to the same condition as when it was received by the carrier; pay the shipper for the cost of the repairs; replace the article with an article of like kind and quality; or, pay the shipper for the cost of article replacement, up to the amount of declared value of the shipment.

(b) Shippers electing full value protection shall declare the total value of their shipment.

(c) Shippers electing full value protection must declare, in writing, any articles that exceed a value of $100 per pound, entitling the shipper to full recovery of the declared value of the article(s), not to exceed the declared value of the shipment.

(d) A household goods carrier shall not be liable for physical loss of or damage to any articles from external cause while being carried or held storage-in-transit due to:

(1) An act, omission or order of shipper.

(2) A defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein.

(3) Hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack.

(4) A government or sovereign power, or by any authority maintaining or using military, naval or air forces.

(5) An agent of any such government, power, authority or forces.

(6) Any weapon of war employing atomic fission or radioactive force whether in time of peace or war.

(7) Insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating, or defending against such an occurrence.

(8) Seizure or destruction under quarantine regulations.

(9) Confiscation by order of any government or public authority.

(10) Risks of contraband or illegal transportation or trade.

(11) Terrorist activity, including action in hindering or defending against an actual or expected terrorist activity. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. Terrorist activity means any activity which is unlawful under the laws of the United States or any state and which involves any of the following:

(A) The hijacking or sabotage of any conveyance including an aircraft vessel, cab, truck, van, trailer, container or vehicle, or warehouse or other building.

(B) The seizing or detaining and threatening to kill, injure or continue to detain another individual in order to compel a third person, including a governmental organization, to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detailed.

(C) An assassination.

(D) The use of any biological agent, chemical agent or nuclear weapon or device or explosive, firearm or other weapon or dangerous device, other than for mere personal monetary gain with intent to endanger directly or indirectly the safety of one or more individuals or to cause substantial damage to property.

(E) A threat, attempt or conspiracy to do any of the foregoing.

(12) Delay caused by strikes, lockouts, labor disturbances, riots, civil commotions or the acts of any person(s) taking part in any such occurrence or disorder, and from loss or damage when carrier, after notice to shipper or consignee of a potential risk of loss or damage to the shipment from such causes, is instructed by the shipper to proceed with such transportation and/or delivery, notwithstanding such risk.

(13) Acts of God.

(14) Delay caused by highway obstruction or faulty or impassable highways or lack of capacity of any highway or bridge or caused by breakdown or mechanical defect of vehicles or equipment or from any cause other than negligence of the carrier, nor shall the carrier be bound to transport by any particular schedule, means, vehicle or otherwise than with reasonable dispatch.

(e) Every 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,

(f) The shipper shall indemnify carrier against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods.

(g) The shipper, upon tender of the shipment to carrier, and the consignee, upon acceptance of delivery of shipment from carrier, shall be liable, jointly and severally, for all unpaid charges payable on account of a shipment including, but not limited to, sums advanced or disbursed by a carrier on account of such shipment. The extension of credit to either shipper or consignee for such unpaid 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 extended shall fail to pay such charges.

(h) If for any reason, other than the fault of the household goods carrier, delivery cannot be made to the address shown on the bill of lading or to another address of which carrier has been notified, the household goods carrier may, at its option, cause articles contained in the shipment to be stored in a warehouse selected by it at the point of delivery or at other available points at the cost of the owner, subject to a lien for all accrued charges.

(i) If shipment is refused by consignee at destination, or if shipper, consignee or owner of property fails to receive or claim it within fifteen (15) days after written notice by US mail addressed to shipper and consignee at post office addresses shown on the bill of lading, or if shipper fails or refuses to pay applicable charges in accordance with the written estimate, bill of lading and/or any valid amendments thereto, the household goods carrier may sell the property as follows:

(1) Upon notice at public auction to highest bidder for cash at a public sale 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 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.

(2) Any perishable articles contained in said shipment may be sold at public or private sale without such notice if, in the opinion of the carrier, such action is necessary to prevent deterioration or further deterioration.

(3) The proceeds of any sale shall be applied toward payment of shipment charges and toward expenses of notice, advertising and sale, and of storing, caring for and maintaining property prior to sale. The balance, if any, shall be paid to the owner of the property.

(j) A shipper may not refuse a partial shipment due to loss of or damage to one or more articles.

Okla. Admin. Code § 165:30-13-24

Added at 27 Ok Reg 1773, eff 7-1-10