Common use of Cargo Liability Clause in Contracts

Cargo Liability. (a) Carrier shall be liable to Shipper for loss or damage to lading occurring while it is in Carrier's possession, except to the extent such loss or damage is caused by an act of God or a public enemy, a public authority, an act of Shipper, or the inherent vice or nature of the lading. Xxxxxxx's possession of lading under this Agreement shall begin when Xxxxxxx has executed the freight documentation form for such lading and shall terminate upon the lading being tendered for delivery to Xxxxxxx's consignee. (b) Xxxxxxx's monetary liability will be limited to the amount of cargo insurance provided in Section 5 above. If Xxxxxxx asserts that the value of lading on a particular shipment shall exceed this amount, Carrier shall be advised twenty-four (24) hours before the time of tendering a load. Carrier may refuse the load or secure additional cargo insurance in the amount of liability Shipper claims, the cost of which shall be invoiced to Shipper as part of freight charges. Shipper also shall note any separately agreed value on the freight documentation form referenced in Section 4 above. If the freight Shipper tenders consistently exceeds the amount of cargo insurance provided in Section 5 above, the Parties shall agree in writing to an alternate cargo insurance amount, which will be reflected in freight charges otherwise assessed. (c) Claims for loss or damage to lading must be notified to carrier within 48 hours and filed in writing by Shipper within one (1) month from date of delivery, or scheduled date of delivery for lost lading, or in the absence of a scheduled delivery date, the filing period shall begin after a reasonable time has elapsed for delivery, and a civil suit or arbitration proceeding shall be commenced by Shipper within two (2) years from the date Carrier gives Shipper written notice Carrier is disallowing the claim or any part of it. Claims will be filed and resolved in accordance with federal regulations codified at 49 C.F.R. Part 370. (d) The measure of damages for loss of or physical damage to the cargo shall be the invoice value of the lading, or in the absence of an invoice, wholesale destination value. Xxxxxxx also shall be liable for the reasonable costs of the Shipper to mitigate its damages. (e) In no event shall Carrier be liable to Shipper or anyone else for special, incidental, or consequential damages that relate to loss, damage or delay to a shipment, unless Xxxxxxx has informed Carrier in written or electronic form, prior to or when tendering a shipment or series of shipments to Carrier, of the potential nature and type of such damages, and Xxxxxxx specifically agrees in written or electronic form to accept responsibility for such damages. In no event shall Carrier be liable to Shipper or anyone else for punitive or exemplary damages that relate to loss, damage or delay to a shipment. (f) In no event shall Carrier be liable for any lost, stolen or damaged equipment including but not limited to Container, Trailer, Chassis while in the possession of Shipper or Consignee. The loss amount will be invoiced at the depreciated value of said equipment and paid by Xxxxxxx and/or Consignee.

Cargo Liability. (a) Carrier shall be liable to Shipper for loss or damage to lading occurring while it is in Carrier's possession, except to the extent such loss or damage is caused by an act of God or a public enemy, a public authority, an act of Shipper, or the inherent vice or nature of the lading. XxxxxxxCarrier's possession of lading under this Agreement shall begin when Xxxxxxx Carrier has executed the freight documentation form for such lading and shall terminate upon the lading being tendered for delivery to XxxxxxxShipper's consignee. (b) Xxxxxxx's monetary liability will be limited to the amount of cargo insurance provided in Section 5 above. If Xxxxxxx asserts that the value of lading on a particular shipment shall exceed this amount, Carrier shall be advised twenty-four (24) hours before the time of tendering a load. Carrier may refuse the load or secure additional cargo insurance in the amount of liability Shipper claims, the cost of which shall be invoiced to Shipper as part of freight charges. Shipper also shall note any separately agreed value on the freight documentation form referenced in Section 4 above. If the freight Shipper tenders consistently exceeds the amount of cargo insurance provided in Section 5 above, the Parties shall agree in writing to an alternate cargo insurance amount, which will be reflected in freight charges otherwise assessed. (c) Claims for loss or damage to lading must be notified to carrier within 48 hours and filed in writing by Shipper within one nine (19) month months from date of delivery, or scheduled date of delivery for lost lading, or in the absence of a scheduled delivery date, the filing period shall begin after a reasonable time has elapsed for delivery, and a civil suit or arbitration proceeding shall be commenced by Shipper within two (2) years from the date Carrier gives Shipper written notice Carrier is disallowing the claim or any part of it. Claims will be filed and resolved in accordance with federal regulations codified at 49 C.F.R. Part 370. (dc) The measure of damages for loss of or physical damage to the cargo shall be the invoice value of the lading, or in the absence of an invoice, wholesale destination value. Xxxxxxx Carrier also shall be liable for the reasonable costs of the Shipper to mitigate its damages. (ed) In no event shall Carrier be liable to Shipper or anyone else for special, incidental, or consequential damages that relate to loss, damage or delay to a shipment, unless Xxxxxxx Shipper has informed Carrier in written or electronic form, prior to or when tendering a shipment or series of shipments to Carrier, of the potential nature and type of such damages, and Xxxxxxx Carrier specifically agrees in written or electronic form to accept responsibility for such damages. In no event shall Carrier be liable to Shipper or anyone else for punitive or exemplary damages that relate to loss, damage or delay to a shipment. (f) In no event shall Carrier be liable for any lost, stolen or damaged equipment including but not limited to Container, Trailer, Chassis while in the possession of Shipper or Consignee. The loss amount will be invoiced at the depreciated value of said equipment and paid by Xxxxxxx and/or Consignee.

Cargo Liability. a. Xxxxxxx agrees to meet any promised pick-up and delivery schedule and deadlines regardless of whether established verbally or as set forth in Bills of Lading (aas defined in section 5 hereof) or other shipping documents provided to Carrier shall be liable at the time of cargo pick up (“Load Confirmation”). If Carrier does not possess, at the time of pick-up, the interstate or state registration of, operating authority required to Shipper for loss or damage to lading occurring while it is in Carrier's possession, except transport the cargo to the extent such loss or damage is caused by an act of God or a public enemy, a public authority, an act of Shipper, or the inherent vice or nature of the lading. Xxxxxxx's possession of lading under this Agreement shall begin when Xxxxxxx has executed the freight documentation form for such lading and shall terminate upon the lading being tendered for delivery to Xxxxxxx's consignee. (b) Xxxxxxx's monetary liability will be limited to the amount of cargo insurance provided in Section 5 above. If Xxxxxxx asserts that the value of lading on a particular shipment shall exceed this amountrequired destination, Carrier shall be advised twenty-four not accept any cargo (24or the corresponding Load Confirmation) hours before the time and shall immediately inform C&K of tendering a loadCarrier's operating authority or registration deficiency. Carrier may refuse the load shall not accept any cargo if, in Xxxxxxx’s discretion, pick-up and delivery schedules cannot be made in compliance with then-applicable hours-of-service regulations. Carrier Representative Initial’s _____________ b. Carrier shall provide an acceptable means of receiving Load Confirmations, either through Fax, email or secure additional cargo insurance some other mutually agreed upon means of electronic communication (“Electronic Communication”), and those terms or directions in the amount verbal agreement or the Electronic Communication (including but not limited to shipping directions and rate of liability Shipper claims, the cost of which payment) shall be invoiced to Shipper as part of freight charges. Shipper also shall note any separately agreed value on the freight documentation form referenced in Section 4 above. If the freight Shipper tenders consistently exceeds the amount of cargo insurance provided in Section 5 above, the Parties shall agree in writing to an alternate cargo insurance amount, which will be reflected in freight charges otherwise assessed. (c) Claims for loss or damage to lading must be notified to carrier within 48 hours and filed in writing by Shipper within one (1) month from date of delivery, or scheduled date of delivery for lost lading, or in the absence of a scheduled delivery date, the filing period shall begin after a reasonable time has elapsed for delivery, and a civil suit or arbitration proceeding shall be commenced by Shipper within two (2) years from the date Carrier gives Shipper written notice Carrier is disallowing the claim or any part of it. Claims will be filed and resolved in accordance with federal regulations codified at 49 C.F.R. Part 370. (d) The measure of damages for loss of or physical damage to the cargo shall be the invoice value of the lading, or in the absence of an invoice, wholesale destination valuecontrol. Xxxxxxx also agrees it shall be liable for the reasonable costs full, actual value (calculated as of the Shipper time the cargo left Customer's facility) of the cargo transported, and Xxxxxxx’s liability for loss, damage, or delay of or injury to mitigate its damagescargo shall be determined under the common carrier standards of liability. (e) In c. All claims for loss, damage, or delay of or injury to cargo shall be processed and adjusted in accordance with Section 14706 of Title 49 of the United States Code, as the same may be amended or renumbered from time to time, unless stated otherwise in this Agreement. Carrier expressly waives all rights and remedies under Title 49 U.S.C., Subpart IV, Part B to the extent they conflict with this Agreement. d. Carrier represents there is no event limitation of liability or released rates applicable to any shipment made pursuant to this Agreement that would alter or change Carrier’s liability for the full, actual value of the cargo transported, regardless of any limitation contained in the insurance policy to which such certificate of insurance applies or to which the insurance limits described herein apply. e. If shipment of any cargo being transported under this Agreement is delayed or delivered in error, or any cargo being transported are damaged, destroyed, depleted, or rejected by Customer, Carrier shall Carrier be liable to Shipper or anyone else for specialsuch loss, incidentaldamages, or consequential damages that relate to expenses. In the event of delay, delivery error, damage, loss, damage depletion, or delay rejection by Customer, Carrier shall immediately contact C&K and shall take all reasonable actions necessary to a shipmentprotect the integrity, unless Xxxxxxx has informed Carrier in written or electronic form, prior to or when tendering a shipment or series of shipments to Carrierand otherwise preserve the remaining value, of the potential nature and type cargo. C&K shall, for the benefit of Customers, possess exclusive authority to make a final determination regarding the appropriate remedy for such delay, delivery error, damage, loss, depletion, or rejection, including, without limitation, the method for disposition or salvage of such damagescargo. If the cargo has been damaged, Carrier shall be responsible for identifying opportunities to salvage or otherwise dispose of such cargo, and Xxxxxxx specifically agrees shall have the responsibility to take all steps reasonably necessary to maximize the value received in such salvage or disposition. Carrier shall consult with C&K or Customer while making arrangements for the salvage or disposition, and shall not complete any salvage or disposition without first receiving written authorization from C&K or electronic form Customer. Title to accept responsibility for such damages. In no event cargo shall Carrier be liable to Shipper remain with Customer until such authorization has been received and such salvage or anyone else for punitive or exemplary damages that relate to loss, damage or delay to a shipmentdisposition has occurred. (f) In no event shall Carrier be liable for any lost, stolen or damaged equipment including but not limited to Container, Trailer, Chassis while in the possession of Shipper or Consignee. The loss amount will be invoiced at the depreciated value of said equipment and paid by Xxxxxxx and/or Consignee.

Cargo Liability. (a) Carrier shall be liable to Shipper for loss or damage to lading occurring while it is in Carrier's possessionpossession pursuant to the Xxxxxxx Amendment, 49 U.S.C. 14706, except to the extent such loss or damage is caused by an act of God or a public enemy, a public authority, an act of Shipper, or the inherent vice or nature of the lading. XxxxxxxCarrier's possession of lading under this Agreement shall begin when Xxxxxxx Carrier has executed the freight documentation form for such lading and shall terminate upon the lading being tendered for delivery to XxxxxxxShipper's consignee. . If Carrier’s liability is governed by the Carriage of Goods by Sea Act (b“COGSA”) Xxxxxxxunder a through xxxx of lading, Carrier’s liability shall be under COGSA and not the Xxxxxxx Amendment. In such event, Carrier’s liability is limited by any terms and conditions of the ocean carrier that apply for the benefit of Carrier. Carrier's monetary liability will be limited to the amount of cargo insurance provided in Section 5 above. If Xxxxxxx Shipper asserts that the value of lading on a particular shipment shall exceed this amount, Carrier shall be advised twenty-four (24) hours before the time of tendering a load. Carrier may refuse the load or secure additional cargo insurance in the amount of liability Shipper claims, the cost of which shall be invoiced to Shipper as part of freight charges. Shipper also shall note any separately agreed value on the freight documentation form referenced in Section 4 above. If the freight Shipper tenders consistently exceeds the amount of cargo insurance provided in Section 5 above, the Parties shall agree in writing to an alternate cargo insurance amount, which will be reflected in freight charges otherwise assessed. (c) . Claims for loss or damage to lading must be notified to carrier within 48 hours and filed in writing by Shipper within one nine (19) month months from date of delivery, or scheduled date of delivery for lost lading, or in the absence of a scheduled delivery date, the filing period shall begin after a reasonable time has elapsed for delivery, and a civil suit or arbitration proceeding shall be commenced by Shipper within two (2) years from the date Carrier gives Shipper written notice Carrier is disallowing the claim or any part of it. Claims will be filed and resolved in accordance with federal regulations codified at 49 C.F.R. Part 370. (d) . The measure of damages for loss of or physical damage to the cargo shall be the invoice value of the lading, or in the absence of an invoice, wholesale destination value. Xxxxxxx also shall be liable for the reasonable costs of the Shipper to mitigate its damages. (e) In no event shall Carrier be liable to Shipper or anyone else for special, incidental, or consequential damages that relate to loss, damage or delay to a shipment, unless Xxxxxxx has informed Carrier in written or electronic form, prior to or when tendering a shipment or series of shipments to Carrier, of the potential nature and type of such damages, and Xxxxxxx specifically agrees in written or electronic form to accept responsibility for such damages. In no event shall Carrier be liable to Shipper or anyone else for punitive or exemplary damages that relate to loss, damage or delay to a shipment. (f) In no event . [omitted] Salvage. Shipper will have the right reasonably to determine to repair, repackage, salvage, or scrap damaged lading. If Shipper elects to salvage lading, Shipper shall notify Carrier be liable for any lost, stolen or damaged equipment including but not limited to Container, Trailer, Chassis while in return the possession of lading to Shipper or Consigneeallow Carrier to dispose of the lading. The loss amount If salvage is sought, at least two independent bids shall be obtained, and the highest bid accepted. Any monies received in salvage, whether accomplished by Carrier or Shipper, will be invoiced credited, if applicable, against any amount Carrier may otherwise be responsible for in terms of the damages. Shipper may condition salvage upon the removal of all identifying marks or labels or the lading being permanently marked as "damaged" or with a similar notation. If Carrier is retained by Shipper to return the damaged lading for repair, salvage, or scrapping, Shipper agrees to pay Carrier freight charges otherwise provided in this Agreement, or at a negotiated rate to be reduced to writing, without prejudice to recovery of such freight charges as damages. Damaged lading will not be scrapped unless repair and/or salvage is not feasible. If Carrier salvages the depreciated value of said equipment and paid by Xxxxxxx and/or Consigneelading, Carrier may xxxx a reasonable charge for doing so against salvage receipts. If shipper elects not to salvage the lading but to scrap it instead, Carrier will be entitled to an offset for the amount the lading reasonably could have realized at salvage.