Cargo Loss and Damage Sample Clauses

Cargo Loss and Damage. 4.1 The Carrier assumes full responsibility for cargo loaded onto his Fleet units and shall pay to (ORGANISATION NAME) the value at final destination of cargo damaged and/or lost, as established in Annex I, however caused, including leakage but subject to the exceptions hereinafter specified.
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Cargo Loss and Damage. TRANSPORT COMPANY hereby undertakes the full liabilities and obligations of a “carrier” under the Xxxxxxx Amendment (49 U.S.C. § 14706, as the same may be amended from time to time, the “Xxxxxxx Amendment”), with respect to any and all loss or damage to any cargo tendered by Ready or its customers pursuant to this Agreement, without regard to whether the Xxxxxxx Amendment would otherwise apply to TRANSPORT COMPANY. Such liabilities and obligations shall be in addition to, and not in limitation of, those set forth in this Agreement. TRANSPORT COMPANY hereby expressly waives any right to claim any exemption or exclusion from the Xxxxxxx Amendment with respect to any liability for loss or damage to any cargo tendered pursuant to this Agreement and expressly waives the provisions of the NMFTA Uniform Straight Xxxx of Lading, where applicable, to the extent that those provisions conflict with the Xxxxxxx Amendment. TRANSPORT COMPANY is responsible for the full value of any vehicle that Ready, in its sole discretion, determines to be: (a) non-repairable,
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Cargo Loss and Damage. It is specified by this and every agreement between the parties involved in this contract, that the one Called Independent Contractor is with no doubt the complete responsible party for all damages Caused by any of their units, drivers, or anything associated by the company name in question. The Independent Contractor assumes full responsibility for cargo loaded onto his Fleet units and shall pay to Borderline Freight Company the value at final destination if cargo damaged and/or loss, as established, however caused, including leakage but subject to the exceptions hereinafter specified. For the purpose of this clause, leakage is defined as a shortage in the weight of bags/packages upon delivery at destination compared to their weight as declared on the waybill. The Owner Operator shall take all necessary precautions to safeguard Borderline Freight Company's commodities loaded on his Fleet units, which shall be adequately secured, as established by the shippers recommendations at all times. The Owner Operator shall not be obliged to load damaged cargo and will inform Borderline Freight this circumstance arises. Borderline Vacuum Service will not pay for damaged cargo transported in the Owner Operator Fleet. The following circumstances, amongst others, shall be considered willful or negligent acts or omissions of the Owner Operator or its employees for which Borderline Vacuum Service will be entitled to compensation:
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Related to Cargo Loss and Damage

  • Loss and Damage Lessee shall assume and bear the risk of loss, theft and damage (including any governmental requisition, condemnation or confiscation) to the Equipment and all component parts thereof from any and every cause whatsoever, whether or not covered by insurance. No loss or damage to the Equipment or any component part thereof shall impair any obligation of Lessee under this Lease Agreement, which shall continue in full force and effect except as hereinafter expressly provided. Lessee shall repair or cause to be repaired all damage to the Equipment. In the event that all or part of the Equipment shall, as a result of any cause whatsoever, become lost, stolen, destroyed or otherwise rendered irreparably unusable or damaged (collectively, the “Loss”) then Lessee shall, within ten (10) days after the Loss, fully inform Lessor in writing of such a Loss and shall pay to Lessor the following amounts: (i) the Monthly Lease Charges (and other amounts) due and owing under this Lease Agreement, plus (ii) one-hundred (100%) percent of the original cost of the Equipment subject to the Loss if the loss occurs in the first nine months of the Initial Term, and, thereafter, the original cost of the Equipment amortized by the subsequent Monthly Lease Charges received by Lessor during the Initial Term using an amortization rate of eight hundred and ninety (890) basis points over the interest rate of the three (3) year United States Treasury Note as reported by the Federal Reserve on the Commencement Date (collectively, the sum of (i) plus (ii) shall be the “Casualty Loss Value”). Notwithstanding the proceeding, if Lessee has provided notice to terminate the applicable Lease Schedule prior to informing Lessor in writing of a Loss and such Loss is not covered by insurance proceeds pursuant to Section 13 hereof, then Lessee shall pay two (2) times the Casualty Loss Value on the Equipment subject to such Loss. Upon receipt by Lessor of the Casualty Loss Value: (i) the applicable Equipment shall be removed from the Lease Schedule; and (ii) Lessee’s obligation to pay Lease Charges associated with the applicable Equipment shall cease. Lessor may request, and Lessee shall complete, an affidavit(s) that swears out the facts supporting the Loss of any item of Equipment.

  • Indemnity Consequential Damages and Insurance 18.1 Indemnity 18.1.1 Indemnified Party 18.1.2 Indemnifying Party 18.1.3 Indemnity Procedures 18.2 Consequential Damages 18.3 Insurance 18.3.1 18.3.2 18.3.3 18.3.4 18.3.5 18.3.6 18.3.7 18.3.8 18.3.9 18.3.10 18.3.11

  • Loss or Damage Lessee hereby assumes and shall bear the entire risk of any loss, theft, damage to, or destruction of, any unit of Equipment from any cause whatsoever from the time the Equipment is shipped to Lessee.

  • CLOSURE TO PREVENT DAMAGE In accordance with Contract Clause G-220 STATE SUSPENDS OPERATION, the Contract Administrator will suspend road work or hauling right-of-way timber, forest products, or rock under the following conditions:  Wheel track rutting exceeds 6 inches on roads.  Surface or base stability problems persist.  Weather is such that satisfactory results cannot be obtained in an area of operations.  When, in the opinion of the Contract Administrator excessive road damage or rutting may occur. Operations must stop unless authority to continue working or hauling is granted in writing by the Contract Administrator. In the event that surface or base stability problems persist, Purchaser shall cease operations, or perform corrective maintenance or repairs, subject to specifications within this road plan. Before and during any suspension, Purchaser shall protect the work from damage or deterioration.

  • Liability for loss or damage Subject to the provisions of the Occupiers Liability Act 1957 and the Defective Premises Act 1972, we shall not in any circumstances incur any liability in respect of loss or damage to any person or property or otherwise, unless the loss or damage was caused by our negligence.

  • Assignment Liability Indemnity Force Majeure Consequential Damages and Default Notwithstanding any other provision of this Agreement, the liability, indemnification and insurance provisions of the Transmission Operating Agreement (“TOA”) or other applicable operating agreements shall apply to the relationship between the System Operator and the Interconnection Transmission Owner and the liability, indemnification and insurance provisions of the Tariff apply to the relationship between the System Operator and the Interconnection Customer and between the Interconnecting Transmission Owner and the Interconnection Customer.

  • No Special Damages In no event shall either party be liable hereunder (whether in an action in negligence, contract or tort or based on a warranty or otherwise) for any indirect, incidental, special or consequential damages incurred by the other party or any third party, even if the party has been advised of the possibility of such damages.

  • Mitigation of costs and damage The Affected Party shall make all reasonable efforts to mitigate or limit the costs and damage arising out of or as a result of breach of Agreement by the other Party.

  • RISK OF LOSS OR DAMAGE From the point the equipment leaves Company’s office in El Cajon, CA the Customer assumes all risks of loss or damage to the equipment from any cause.

  • Liability for Damage Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy.

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