| tp50 Sec. 13706. Liability for payment of rates
- (a) Liability of Consignee. - Liability for payment of rates for
transportation for a shipment of property by a shipper or consignor to a consignee other
than the shipper or consignor, is determined under this section when the transportation is
provided by motor carrier under this part. When the shipper or consignor instructs the
carrier transporting the property to deliver it to a consignee that is an agent only, not
having beneficial title to the property, the consignee is liable for rates billed at the
time of delivery for which the consignee is otherwise liable, but not for additional rates
that may be found to be due after delivery if the consignee gives written notice to the
delivering carrier before delivery of the property -
- (1) of the agency and absence of beneficial title; and
(2) of the name and address of the beneficial owner of the
property if it is reconsigned or diverted to a place other than
the place specified in the original bill of lading.
- (b) Liability of Beneficial Owner. - When the consignee is liable only
for rates billed at the time of delivery under subsection (a), the shipper or consignor,
or, if the property is reconsigned or diverted, the beneficial owner is liable for those
additional rates regardless of the bill of the lading or contract under which the property
was transported. The beneficial owner is liable for all rates when the property is
reconsigned or diverted by an agent but is refused or abandoned at its ultimate
destination if the agent gave the carrier in the reconsignment or diversion order a notice
of agency and the name and address of the beneficial owner. A consignee giving the carrier
erroneous information about the identity of the beneficial owner of the property is liable
for the additional rates.
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