Page:United States Statutes at Large Volume 109 Part 1.djvu/889

 PUBLIC LAW 104-88 —DEC. 29, 1995 109 STAT. 873 signer 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. "§ 13707. Payment of rates "(a) TRANSFER OF POSSESSION UPON PAYMENT.— Except as provided in subsection (b), a carrier providing transportation or service subject to jurisdiction under this part shall give up possession at the destination of the property transported by it only when payment for the transportation or service is made. "(b) EXCEPTIONS.— "(1) REGULATIONS.— Under regulations of the Secretary governing the payment for transportation and service and preventing discrimination, those carriers may give up possession at destination of property transported by them before payment for the transportation or service. The regulations of the Secretary may provide for weekly or monthly payment for transportation provided by motor carriers and for periodic payment for transportation provided by water carriers. "(2) EXTENSIONS OF CREDIT TO GOVERNMENTAL ENTITIES.— Such a carrier (including a motor carrier being used by a household goods freight forwarder) may extend credit for transporting properly for the United States Government, a State, a territory or possession of the United States, or a political subdivision of any of them. "(a) DISCLOSURE.— ^A motor carrier subject to jurisdiction under subchapter I of chapter 135 shall disclose, when a document is presented or electronically transmitted for payment to the person responsible directly to the motor carrier for payment or agent of such responsible person, the actual rates, charges, or allowances for any transportation service and shall also disclose, at such time.
 * § 13708. Billing and collecting practices

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