Cargo Claims. Cargo claims as between the Owners and the Charterers shall be settled in accordance with the Inter-Club New York Produce Exchange Agreement of February 1970 as amended September 1996 as attached.
Cargo Claims. All claims for cargo loss, damage, delay, mis-delivery, or non-delivery (“Cargo Claims”) are governed by American Group’s Cargo Loss and Damage Terms and Conditions (“Cargo Claim Terms”) found at xxxxx://xxx.xxxxxx.xxx/existing- clients/, which are fully incorporated herein by reference and made a part hereof. In the event of any conflict between these Terms and Conditions and American Group’s Cargo Claim Terms relating to Cargo Claims, the Cargo Claim Terms will govern. American Group will provide notification on its website at xxxxx://xxx.xxxxxx.xxx/existing-clients/ and/or by email of any modifications or updates to the Cargo Claim Terms. Continued use of American Group’s Services, acceptance of the Cargo Claim Terms on American Group’s web page, its tender of any shipment to American Group for performance of the Services hereunder or the execution of the bill of lading, the American Group credit application, the American Group credit card authorization form, or any other acknowledgment by Customer after notification of any change in the Cargo Claim Terms constitutes acceptance of such changes and it will signify that Customer agrees to abide by and be bound by the modified Cargo Claim Terms.
Cargo Claims. 12.1. The issuer of the contract of carriage or the deemed contract of carriage shall process all cargo claims arising thereunder.
12.2. Without prejudice to the Charterer’s rights arising under or out of this Charter Party (including claims for or relating to General Average and/or salvage contribution by Charterer), the Charterer undertakes that no claim or allegation shall be made against the Owner or any servant, agent or sub-contractor of the Owner by any person whomsoever other than the Charterer which imposes or seeks to impose upon the Owner or any such servant, agent or sub-contractor or any Vessel owned or operated by them, any liability whatsoever in connection with the Goods and Containers the subject of this Charter Party (even if such liability arises wholly or in part by reason of the act, neglect or default of the Owner or of such servant, agent or sub-contractor) and in the event of any such claim or allegation nevertheless being made, the Charterer shall indemnify the Owner and such servant, agent or sub-contractor against all consequences whatsoever thereof. If requested to do so by the Owner, the Charterer shall, if possible, take over the handling and conduct of all such claims and litigation on behalf of the Owner without prejudice to the Charterer’s right of indemnity.
12.3. The Charterer shall not make any claim or allegation against any servant, agent or sub- contractor of the Owner, which imposes or attempts to impose on such servant, agent or sub-contractor any liability whatsoever in connection with the Goods and Containers the subject of this Charter Party (even if such liability arises wholly or in part by reason of the act, neglect or default of the Owner or of such servant, agent or sub-contractor), and, in the event of any such claim or allegation nevertheless being made, the provisions of Clause 12.2 hereof shall apply as if such claim or allegation had been made by a person other than the Charterer.
12.4. Notwithstanding Clause 12.3, in circumstances where liability arises from or out of an act or omission of any servant, agent or sub-contractor of the Owner undertaken with intent to cause Losses or recklessly and with knowledge that Losses would likely result; or any action taken by any servant, agent or sub-contractor of the Owner outside the scope of any actual or ostensible authority (whether express or implied), the Charterer may proceed against such servant, agent or sub-contractor and the provisions of Clause 12.3 ...
Cargo Claims. All claims shall apply as in accordance to the Warsaw Convention (IATA) and the ocean transport rules. Lost/damaged shipments through carrier´s transaction shall be traced and investigated immediately. Submissions of official claim letter to carriers are mandatory.
Cargo Claims. Broker A will not under any circumstance bear liability for cargo loss or damage. Broker B will contractually require the servicing motor carrier to: (A) accept liability pursuant to 49 U.S.C. § 14706 subject to a limitation of $100,000 per shipment unless otherwise agreed to in writing by the Parties on a per-shipment basis prior to the applicable shipment; (B) adjudicate claims for loss of or damage to cargo in accordance with 49 C.F.R. Part 370; and (C) accept claims filed within nine (9) months and civil actions must be commenced within two (2) years. Broker B shall provide Broker A with immediate notice of any cargo loss or damage claims as well as any other claims arising out of this Agreement and will cooperate with each other in resolution of any such claim(s) and if shipper or Broker A determines shipper has a claim for cargo loss or damage against any carrier transporting a load whose transportation was arranged by Xxxxxx B will act as claims administrator for the claim and insure that the claim is filed with their hired carrier and processed in accordance with the 49 C.F.R. Part 370.
Cargo Claims. CARRIER shall issue (or execute) a xxxx of lading in compliance with 49 U.S.C. § 80101 et seq., 49 C.F.R. § 373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. CARRIER shall become liable for the full actual value of the freight when it takes and receives possession thereof, and the trailer(s) is loaded, regardless of weather a xxxx of loading has been issued, and/or signed, and/or delivered to CARRIER, and which responsibility and liability shall continue until delivery of the shipment to the consignee and the consignee and signs the xxxx of loading or delivery receipt. Any terms of the xxxx of lading (including but not limited to payment terms) inconsistent with the terms of this Agreement shall be null and the term of this Agreement shall apply. Failure to issue a xxxx of lading or sign a xxxx of loading acknowledging receipt of the cargo, by CARRIER, shall not affect the liability of CARRIER if it is established that CARRIER received the lading. CARRIER shall comply with 49 C.F.R. § 370.1 ET SEQ. and any amendments and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage. Except to the extent claimant demands market/retail value for its cargo claim, CARRIER’s liability for any cargo damage, loss, or theft from any cause shall be determined under the provisions and principles of the Xxxxxxx Amendment, 49 U.S.C. § 14706, which provides that CARRIER’s liability shall be for the full actual value of the damaged, lost, stolen, or delayed freight in conjunction with the provisions herein. CARRIER agrees that the receipt of a xxxx of lading shall be prima facia evidence of receipt of freight in good order and condition unless otherwise noted on the fact of the xxxx of loading. CARRIER shall be liable for the return of any refused product as determined by the shipper and/or consignee and shall be liable for any special, incidental or consequential damages as a result of the cargo claim. CARRIER is permitted salvage value to the extent salvage is permitted by the claimant or cargo owner, but under no circumstances is permitted to salvage or dispose of freight without written approval of BROKER. If salvage is not permitted by the claimant or cargo owner, CARRIER waives its right to salvage. CARRIER is not entitled to any damaged goods ...
Cargo Claims. CONTRACTOR shall immediately report all cargo claims, including all shortages, overages, or other exceptions to the cargo, to CARRIER. CONTRACTOR’s indemnity obligation to CARRIER under Sections 13(a) and (b) of this Agreement shall apply to each cargo claim, including but not limited to, delay, shortages, misdelivery, and any direct damage claim relating to lost, damaged or contaminated loads, arising out of, or in connection with
Cargo Claims. Cargo claims shall be processed pursuant to 49 CFR Part 370, as follows:
Cargo Claims. Cargo claims to be settled in accordance with NYPE Interclub Agreement and any amendments thereto. With respect to responsibility for cargo claims as between Owners and Charterers, the New York Produce Exchange Agreement: (Interclub Agreement) as amended in 1996 (the so called Produce Fromula) shall apply. Charterers/Owners are not allowed to negotiate or settle any cargo (or other claims including fines) and are also not allowed to grant time extensions for those claims without having Owners/Charterers previous written approval of consent. It is understood that Owners/Charterers will keep each other properly and timely advised for all such claims and also will furnish each other with all relative documents and information in Owners/Charterers possession.
Cargo Claims. Cargo claims to be settled in accordance with NYPE lnterclub Agreement and any amendments thereto. With respect to responsibility for cargo claims as between Owners and Charterers, the New York Produce Exchange Agreement (Interclub Agreement) as amended in 1996 (the so called Produce Fromula) shall apply. Charterers/Owners are not allowed to negotiate or settle any cargo (or other claims including fines) and are also not allowed to grant time extensions for those claims without having Owners/Charterers previous written approval of consent. It is understood that Owners/Charterers will keep each other properly and timely advised for all such claims and also will furnish each other with all relative documents and information in Owners/Charterers possession. Clause 99 - Sublet Charterers not to sublet the vessel to nigerians, haitians, nicaraguans, israeli, iraqui registered/based/controlled/owned/domiciled companies. Charterers also not to sublet vessel to the companies based / owned /registered / controlled / domiciled in the countries against whom u.n sanctions may be imposed time to time.
