Unclaimed or Refused Freight

Freight not removed by the Receiver after the freight has been made available and notice of the arrival at destination has been sent may be kept by Forwarder and will be subject to storage charges. At the option of Forwarder, the freight may be stored in a warehouse at the expense of the Customer, Consignor, Consignee, Beneficial Owner, or other party liable for freight and other charges. In this case, the freight will be held without liability to Forwarder, and subject to Forwarder’s lien for all charges, including a reasonable charge for storage.

If the Receiver of nonperishable freight fails or refuses to accept deliver within a reasonable time after notice of arrival has been given, Forwarder may sell the freight to the highest bidder. Before such a sale is made, Forwarder will first give formal notice to the Customer, Consignor, or Beneficial Owner that the freight has been refused or unclaimed, and that the freight will be subject to sale if disposition is not made within three (3) business days. On perishable freight, Forwarder may sell the freight to the best advantage to protect its interest and prevent deterioration. Where the procedures outlined are not possible, Forwarder may sell the freight in a commercially reasonable manner consistent with the circumstances. The proceeds of any sale made under this section will be applied by Forwarder to payment of freight and accessorial charges, interest and attorney fees, costs of sale and other necessary expenses. Any balance will be paid to the Customer or Beneficial Owner of the freight.