Cargo Loss Sample Clauses

Cargo Loss. CARRIER shall be liable to BROKER for the full actual value of any loss, damage or injury to shipments tendered to it for transportation, except insofar and to the extent that such loss, damage, or injury shall have resulted from the causes excepted in the straight Bill of Lading published in the National Motor Freight Classification, the terms of which are incorporated by reference. BROKER shall file any claim arising under this paragraph with CARRIER within nine (9) months of the delivery or loss of the shipment and bring suit within two (2) years from the date of any claim's declination. In the event BROKER shall fail to comply with these time limits, the claim that is not timely filed shall be barred and CARRIER shall have no liability to BROKER for the loss alleged. CARRIER shall perform the transportation contemplated by this Agreement as an independent contractor, and neither its employees nor its agents shall be deemed to be those of the BROKER. CARRIER shall be responsible for the procuring and operating the vehicles and the employment, hiring, training, supervising, and controlling its drivers and helpers. CARRIER shall be responsible for the safe and lawful operation of the vehicles used in the performance of the transportation contemplated by this Agreement and shall hold BROKER harmless for any penalties, fines, assessments, claims, or judgments resulting from the operation of the vehicles. CARRIER shall bear the costs and expenses of furnishing all fuel, oil, tires, and any other parts, supplies and equipment, necessary or required for the safe operation and maintenance of the equipment. CARRIER shall bear all expenses, including the expense of road service and repair in connection with the use and operation of the equipment and shall bear the cost and expense of maintaining the equipment in good repair and mechanical condition. A Uniform Freight Documentation form or Rate Confirmation Sheet may be utilized by the Parties. The terms and conditions of this Agreement shall prevail over those appearing on that form or any other form(s) used by the Parties for the delivery of freight. Any form(s) used by the Parties shall only be used for the purpose of documenting the pick-up and delivery of freight. Either Party, at its option, may supply any document required by or referenced in this Agreement in either paper or electronic form (including, but not limited to, an electronically imaged, faxed, photocopied, or online posted version), and any such...
Sample 1
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Cargo Loss. The BROKER/CARRIER shall maintain property/casualty insurance and other liquid assets to cov- er the loss of any cargo for any reason while in the custody and control of the BROKER/CARRIER, with mini- mum coverage of $100,000.00 per occurrence. Cargo coverage must cover all types of commodities without exclusion. If BROKER/CARRIER carries a deductible or is self-insured for all or part, the BROKER/CARRIER and its owners personally, guaranty to make payment for any amount not covered by their insurance carrier within 7 days of a loss.
Sample 1
Cargo Loss. 7.1 ParcelPal be liable to Oco Meals for loss, damage, or injury to the shipment(s) while such shipment(s) are in the possession or under the control of ParcelPal (including its subcontractors or agents) or resulting from ParcelPal (including its subcontractors or agents) performance of or failure to properly perform the transportation services provided for in this agreement or arising from any cause while in the possession of or under the control of ParcelPal (including its negligence); provided, however, that ParcelPal shall not be liable for any loss, damage or injury arising out of the acts or omissions of Oco Meals’ fridge space or Oco Meals’s consignees, employees or subcontractors of either, Force Majeure Event, the inherent nature of the shipment, their packing or packaging or the loading and unloading of the shipments by Oco Meals. 7.2 Additionally, ParcelPal shall agree to credit Oco Meals a maximum of [***]in addition to the cost of a damaged/lost shipment for Oco Meals to preserve customer relationships in the event of a lost/damaged shipment. 7.3 All cargo loss credit requests must be submitted via email within [***] of occurrence to: [***]with: (a) Date, time and order number (b) Photo of damage (c) Any other relevant proof of claim
Sample 1
Cargo Loss any loss or destruction of Cargo that occurs while the Cargo is under LOOMIS’ sole care, custody and control or as otherwise described herein.
Sample 1
Cargo Loss i. The carrier shall solely liable for loss or damage to any cargo transported under this agreement including loading or unloading if required). Such liability shall begin at the time the cargo is being loaded and conclude after the completion of the unloading of the freight. ii. The Carrier shall notify KONINK of any delay, cargo damage, cargo spill, loss or contamination, accident or incident (including any violation of applicable laws or regulations) that occurs during the course of performing services hereunder.
Sample 1
Cargo Loss. A. Carrier assumes the liability of an insurer for the prompt and safe transportation of the property entrusted to it's care and shall be responsible to Broker and Broker's customer for all loss or damage of whatsoever kind and nature and however caused to any and all property entrusted to Carrier under this contract, while the property transported remains in the care, custody or control of Carrier, of any other person to whom Carrier may have entrusted the property between the time the property is tendered to Carrier and before the property is delivered by Carrier as required under this Agreement. B. Carrier shall be liable for the loss of, damage to, or the shortage of any shipment transported under this Agreement, or for the delay in the delivery of any shipment transported under this Agreement, if such loss, damage, shortage or delay results from Carrier’s negligence, or from collision, or overturning of the motor vehicle transporting such a shipment under this Agreement. C. LOSS & DAMAGE CLAIMS: i. 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 and ii. Carrier’s liability for any cargo damage, loss, or theft from any cause shall be determined under the Xxxxxxx Xxxxxxxxx, 00 X.X.X. 00000; and iii. Special Damages: Carrier’s indemnification liability for freight loss and damage claims shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by Carrier, and which shall not be limited by any liability of Carrier under sub par (ii) above. iv. Except as provided in this Agreement, neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss and its approximate financial amount, and agreement to assume such responsibility in writing. v. Notwithstanding the terms of 49 CFR 370.9, Carrier shall pay, decline or make settlement offer in writing on all cargo loss or damage claims within 45 days of receipt of the claim. Failure of Carrier to pay, decline or offer settlement within this 45 day period shall be deemed admission by Carrier of full liability for the amount claimed and a material breach of this Agreement.
Sample 1

Related to Cargo Loss

  • DATA LOSS The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

  • Delivery; Risk of Loss Deliveries must be made both in quantities and at times specified on the face of the Purchase Order or in Buyer's schedules and time is of the essence. Buyer’s delivery schedules are an integral part of the Purchase Order, are governed by these terms and conditions and are not independent contracts. ▪ Buyer will not be required to make payment for goods delivered to Buyer that are in excess of quantities specified in Buyer's delivery schedule on the Purchase Order or in written releases issued by Buyer. Buyer may reject any deliveries made after or before the specified delivery date. Seller will bear all costs and damages incurred by Buyer due to late or early delivery. ▪ If Seller fails to meet the agreed upon delivery requirements for reasons other than those specified in paragraph 13 below, and Buyer requires a more expeditious method of transportation for the goods than the transportation method originally specified, Seller shall ship the goods as expeditiously as possible at Seller's expense and invoice Buyer for the amount, if any, that Buyer would have paid for normal shipment. ▪ Unless provided otherwise in the Purchase Order, all goods are sold DAP. Seller shall be responsible for and bear the risk of any loss or damage to the goods until received by the Buyer.

  • Damage or Loss 3.1 All laptops and batteries are covered by a manufacturer’s warranty. The warranty covers manufacturer’s defects and normal use of the laptop. It does not cover negligence, abuse, malicious or accidental damage.(e.g cracked LCD screens are not covered under warranty) 3.2 Any problems, vandalism, damage loss or theft of the laptop must be reported immediately to the school. 3.3 In the case of a suspected theft a police report must be made by the family and an event number provided to the school. 3.4 In the case of accidental loss or damage a witnessed statutory declaration signed by the parent/carer should be provided and a major damage or loss report must be filled out by the student. The repair costs are subsidised. (No charge for labour). 3.5 If a laptop is damaged or lost the principal will determine whether replacement is appropriate and/or whether or not a student retains access to a laptop for home use. 3.6 Students will be required to replace lost or damaged chargers.

  • Net Loss A Net Loss for a particular fund or, in the case of a multi-class fund, a class results when aggregate Losses exceed aggregate Benefits (i.e., net redemptions on a day the fund’s or class’s NAV is overstated or net subscriptions on a day the fund’s or class’s NAV is understated) during the Error Period.

  • Insurance, Loss Deductible The Customer shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor providing such insurance. Upon request, the Contractor shall furnish the Customer an insurance certificate proving appropriate coverage is in full force and effect.

  • Property Loss PSU is not responsible for loss or damage to personal property in University Housing due to fire, theft, pests, water, interruption of water or heat or other utility services, damages caused by other Residents, or other causes. Residents are strongly encouraged to carry personal property insurance (commonly referred to as “renters insurance”) and to remove any valuable items from their Space during break periods. Any claims regarding property loss or injury will be referred to PSU Risk Management (xxx.xxx.xxx/xxxx).

  • Total Loss An Event of Loss shall occur resulting in the actual or constructive total loss of the Vessel or the agreed or compromised total loss of the Vessel and the proceeds of the insurance in respect thereof shall not have been received within 150 days of the event giving rise to such Event of Loss; or

  • Uninsured Loss Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from making any substantial use of the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage, in which event this Lease shall terminate as of the date of the occurrence of such damage.

  • Loss A Loss (also referred to as dilution) results when a fund or, in the case of a multi-class fund, a class either (1) has paid excess redemption proceeds as a result of an overstated NAV or (2) has received insufficient subscription monies as a result of an understated NAV (in either case, transacting shareholders benefit from transacting at the misstated NAV, to the detriment of the fund or class).

  • Loss Leader; Recycled Products Contractor shall not sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. If Contractor will sell to the Judicial Council, or use in the performance of this Agreement, goods specified in PCC 12207 (for example, certain paper products, office supplies, mulch, glass products, lubricating oils, plastic products, paint, antifreeze, tires and tire-derived products, and metal products), then with respect to those goods: (i) Contractor shall use recycled products in the performance of this Agreement to the maximum extent doing so is economically feasible, and (ii) upon request, Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the PCC 12200, in such goods regardless of whether the goods meet the requirements of PCC 12209.

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