Liability limitations

USED, RECONDITIONED, REFURBISHED OR UNCRATED ARTICLES
(See Note A)

Commodities as described above, will be accepted for transportation, subject to the following:
(1) Commodities as described above, subject to this ITEM, must meet and comply with all packaging requirements as provided for the individual commodity as prescribed by the NMFC. Also applies on accessories, attachments or parts attached to the individual commodity with which shipped, or detached and in the same package with or separate package from the individual commodity or in packages when the commodity is shipped loose or on skids.
(2) Carrier’s liability for freight claims will be limited to $1.00 per pound, not to exceed three (3) times the total freight charges applied to the shipment on which liability is involved, whichever is lower, however, in no event shall the liability of the carrier exceed the actual value of the shipment or the amount of the loss or damage actually sustained or $100,000, whichever is lower, unless, at the time of shipment, shipper has requested EXCESS LIABILITY COVERAGE - ITEMS OF EXTRAORDINARY VALUE, pursuant to Item 170.
(3) Failure of the consignor to declare that commodity is "USED", "RECONDITIONED", "REFURBISHED" or "UNCRATED" shall not alter the application of this item.

NOTE A: Application of the ITEM does not apply on those commodities named in NMFC subject to specific released value provisions, unless the release rate applied pursuant to this ITEM is lower. Refer to the provisions of Item 170.