Common use of Consequences of Failing to Accept Freight Clause in Contracts

Consequences of Failing to Accept Freight. If for any reason whatsoever, the consignee refuses the freight or the customer refuses to give timely direction about the disposal of freight rejected by the consignee, we may, without further notice or demand, place the freight in storage at the risk and expense of the freight and our customer. Such stored freight will be subject to a lien in favor of us for any charges. By tendering freight to us to arrange for transportation, you will be conclusively presumed to have granted such a lien to us. We may exercise the foregoing rights at any time after 48 hours have elapsed since notification of the arrival and availability of the freight at destination or of the consignee’s rejection of the freight. Alternatively, we or the underlying transportation provider may sell the freight to the highest bidder in a public or private sale. Before such a sale of nonperishable freight is made, we will first give written notice to our customer that the freight has been refused or unclaimed and that it will be subject to sale if disposition is not arranged for within three (3) business days. Further failure or refusal to claim or dispose of the freight within this time period will constitute a waiver by you of all right, title and interest in and to the freight and all rights, claims, notices and defenses with respect to the freight to the maximum extent permitted by applicable law. If the receiver of perishable freight fails or refuses to accept it promptly, we or the underlying transportation provider may, in a public or private sale, sell the freight to the best advantage to prevent deterioration. Where the procedures provided for in the two preceding paragraphs are not possible, we may sell the freight as authorized by law. We will be entitled to recover from our customer, and/or from the proceeds of a sale or disposal of the freight, all costs incurred as a result of the customer’s or the consignee’s failure to accept delivery of the freight or to provide direction about disposal of rejected freight, including all storage fees, equipment use charges and costs of disposal.

Consequences of Failing to Accept Freight. If for any reason whatsoever, the consignee refuses the freight or the customer refuses to give timely direction about the disposal of freight rejected by the consignee, we Streamline may, without further notice or demand, place the freight in storage at the risk and expense of the freight and our customer. Such stored freight will be subject to a lien in favor of us Streamline for any charges. By tendering freight to us to arrange for transportation, you will be conclusively presumed to have granted such a lien to usStreamline. We Streamline may exercise the foregoing rights at any time after 48 hours have elapsed since notification of the arrival and availability of the freight at destination or of the consignee’s rejection of the freight. Alternatively, we Streamline or the underlying transportation provider may sell the freight to the highest bidder in a public or private sale. Before such a sale of nonperishable freight is made, we Streamline will first give written notice to our customer that the freight has been refused or unclaimed and that it will be subject to sale if disposition is not arranged for within three (3) business days. Further failure or refusal to claim or dispose of the freight within this time period will constitute a waiver by you of all right, title and interest in and to the freight and all rights, claims, notices and defenses with respect to the freight to the maximum extent permitted by applicable law. If the receiver of perishable freight fails or refuses to accept it promptly, we or the underlying transportation provider Streamline may, in a public or private sale, sell the freight to the best advantage to prevent deterioration. Where the procedures provided for in the two preceding paragraphs are not possible, we Streamline may sell the freight as authorized by law. We Streamline will be entitled to recover from our customer, and/or from the proceeds of a sale or disposal of the freight, all costs incurred as a result of the customer’s or the consignee’s failure to accept delivery of the freight or to provide direction about disposal of rejected freight, including all storage fees, equipment use charges and costs of disposal.

Consequences of Failing to Accept Freight. ‌ If for any reason whatsoever, the consignee refuses the freight or the customer refuses to give timely direction about the disposal of freight rejected by the consignee, we may, without further notice or demand, place the freight in storage at the risk and expense of the freight and our customer. Such stored freight will be subject to a lien in favor of us for any charges. By tendering freight to us to arrange for transportation, you will be conclusively presumed to have granted such a lien to us. We may exercise the foregoing rights at any time after 48 hours have elapsed since notification of the arrival and availability of the freight at destination or of the consignee’s rejection of the freight. Alternatively, we or the underlying transportation provider may sell the freight to the highest bidder in a public or private sale. Before such a sale of nonperishable freight is made, we will first give written notice to our customer that the freight has been refused or unclaimed and that it will be subject to sale if disposition is not arranged for within three (3) business days. Further failure or refusal to claim or dispose of the freight within this time period will constitute a waiver by you of all right, title and interest in and to the freight and all rights, claims, notices and defenses with respect to the freight to the maximum extent permitted by applicable law. If the receiver of perishable freight fails or refuses to accept it promptly, we or the underlying transportation provider may, in a public or private sale, sell the freight to the best advantage to prevent deterioration. Where the procedures provided for in the two preceding paragraphs are not possible, we may sell the freight as authorized by law. We will be entitled to recover from our customer, and/or from the proceeds of a sale or disposal of the freight, all costs incurred as a result of the customer’s or the consignee’s failure to accept delivery of the freight or to provide direction about disposal of rejected freight, including all storage fees, equipment use charges and costs of disposal.