Cargo Loss or Damage. All MODE Global operating entities are transportation property brokers and are not motor carriers; provided, however, if MODE Global in its sole discretion determines that a cargo loss or damage claim filed by Shipper is valid, then MODE Global may advance payment of the cargo claim in accordance with the following criteria and limits:
a. For motor, intermodal or rail shipments wholly within the United States (“U.S. Shipments”), MODE Global’s payment of a cargo loss or damage claim is subject to the provisions of 49 U.S.C. § 14706, 49 C.F.R. Part 370 (over-the-road shipments), and Part 1005 (rail shipments), and is further subject to a maximum of one hundred thousand U.S. dollars ($100,000) for any single trailer or container and ten thousand U.S. dollars ($10,000) for any less-than- truckload shipment.
b. For motor, intermodal and rail shipments wholly within Canada or between the United States and Canada (“Canadian Shipments”), MODE Global’s payment of a cargo loss or damage claim is subject to all defenses and immunities available to the underlying carrier arising by operation of law, contract or otherwise, and is further subject to a maximum of the lesser of i) the value of the goods at the place and time of shipment, including the freight and other charges if paid, ii) two Canadian dollars ($2.00 (CDN) per pound computed on the total weight of the lost or damaged portion of the shipment, iii) where the goods are carried by rail, any applicable rail carrier limitation of liability as prescribed in a Rail Circular (as defined in Section 3 (g) below), tariff, confidential rate contract or similar document, or
Cargo Loss or Damage. Liability for loss or damage as applicable to FRACHT FWO INC. acting as a property broker and its carriers is governed by this provision. Acting as a property broker, FRACHT FWO INC. accepts no liability for cargo loss, damage or delay. All cargo claims shall be filed by customer or beneficial owner with the carrier retained by FRACHT FWO INC. and in possession of the cargo at the time of the loss. FRACHT FWO INC. shall retain licensed authorized and insured motor carriers acting as independent contractors to render transportation services to customers as set forth on its load confirmation sheet unless otherwise agreed in writing. Customer is advised that its retained carriers contractually limit their liability for loss, damage or delay on expedited and substituted motor for air LTL shipments to $.50 per pound or $50.00 per shipment, whichever is less. Higher limits may be obtained only by special arrangement before tender, confirmed in a signed written agreement. In the event the party tendering shipment to FRACHT FWO INC. requires greater limits of liability pursuant to a through air bill by contract or otherwise, Customer shall assume sole responsibility for the liability to the extent it exceeds the agreed limitation and shall indemnify FRACHT FWO INC. and its carriers, and shall waive subrogation with respect to any insurance purchased to provide excess liability coverage. Where a forwarder, broker, or logistics provider has agreed to higher limits of liability with its shipper in tendering shipments to FRACHT FWO INC. , it agrees FRACHT FWO INC. as a property broker shall ŚĂǀĞ ŶŽ ůŝĂďŝůŝƚLJ ĨŽiabƌili ty ĐshaĂllƌnoŐt eŽxc eeůd tŽheƐreƐle aseĂdŶratĚe limŝitaƚtioƐn seĐt Ăƌƌ forth herein and that it will indemnify and hold harmless FRACHT FWO INC. and its carriers from all ĐůĂŝŵƐ͕ ŝŶĐůƵĚŝŶŐ ĂƚƚŽƌŶĞLJ͛Ɛ ĨĞĞƐ͕ xX xXxxXxx . XǀX
Cargo Loss or Damage. Xxxxxx Logistics shall ensure that the Subcontractors assume liability in accordance with Carriage of Goods by Sea Act (COGSA) 46 U.S.C. § 1300 et seq. For purposes of cargo claims, the $500.00 limitation per package shall apply to each individual box, carton or other packaging device utilized in shipping the Goods, rather than a more expansive shipping device such as a pallet or ocean container. The parties further agree that COGSA shall apply to the inland surface transportation of the Goods transported under a ocean xxxx of lading pursuant to the incorporated Himalaya clause. All Subcontractors, including ocean, motor and rail carriers, will be subject to the $500 per package limitation set forth under COGSA unless a higher valuation is declared on the face of the ocean xxxx of lading, in which case the liability of Xxxxxx Logistics and any Subcontractor shall be the actual amount of the cargo loss or damage not to exceed the value declared on the ocean xxxx of lading. Xxxxxx Logistics agrees to assist Customer in resolving all cargo claims with the Subcontractors, and to keep Customer advised of the status of all such claims. Upon request by Customer, Xxxxxx Logistics shall assign its right or cause of action against the Subcontractors to Customer.
Cargo Loss or Damage. (Clause Paramount) - This Contract is subject to the provisions of the Carriage of Goods by Sea Act of the United States of America, 46 U.S.C. app. § 1301, et seq, as enacted 1936 (“U.S. COGSA”), which Act is incorporated herein by this reference and shall apply to the Goods evidenced by a Xxxx of Lading or Sea Waybill from origin to destination issued in accordance with this Contract and throughout the entire period such Goods are in the actual or constructive custody or are the responsibility of Carrier or any connecting, substitute or other performing carrier, regardless of mode, whether or not Carrier or its agent, assignee or subcontractor is acting as the contracting or a performing carrier, bailee, warehouseman, trucker, stevedore or marine terminal operator. Unless the nature and value of the Goods have been declared by Shipper before the Goods have been handed over to Carrier and inserted on the face of Xxxxxxx’x Xxxx of Lading or Sea Waybill, Carrier shall in no event be or become liable for any loss of or damage to the Goods in an amount exceeding U.S.$500.00 per Package or customary freight unit. Except as may be otherwise provided for herein, claims for loss, damage, delay or misdelivery of Goods transported hereunder shall be adjusted in accordance with, and Carrier’s liability shall be governed by this Contract, applicable Carrier’s tariff and Xxxxxxx’x Xxxx of Lading or Sea Waybill as applicable.
Cargo Loss or Damage. Pursuant to Section 8.03 of the Agreement, Contractor agrees to reimburse Carrier in an amount up to One Thousand Dollars ($1,000.00) per occurrence for sums paid by Carrier for any cargo loss or damage resulting from an act or omission of Contractor, its drivers or other employees or agents.
Cargo Loss or Damage. SUNSET PACIFIC TRANSPORTATION INC.’s will not be liable for loss of or damage to any cargo, goods or property in, carried on, or towed by any Trailer (“Cargo”). You agree to defend, release, indemnify, and hold SUNSET PACIFIC TRANSPORTATION INC.’s harmless for all Damages and Defense Costs arising out of or related to loss or damage to Cargo.
Cargo Loss or Damage a. Warehouseman Liability.
(i) PCC Logistics shall ensure that warehousemen assume liability for any loss or injury to the Goods, however caused, if such loss or injury resulted from the failure by such warehousemen to exercise such care in regard to the Goods as a reasonable careful person would exercise under similar circumstances, and PCC Logistics shall not be liable for damages that could not have been avoided by the exercise of that standard of care. Additionally, any such liability shall be subject to the liability limitations set forth in Appendix A.
a. PCC Logistics Liability.
(i) In the event PCC Logistics does not issue the Transportation Document or is acting as an air or ocean freight forwarder or property broker, PCC Logistics shall not have liability for any loss or damage of Goods, all such liability shall be borne by the applicable Independent Contractors in accordance with the terms of this Agreement.
(ii) In no event shall PCC Logistics be liable to Customer for loss of profits or business, or any indirect, special, consequential, or punitive damages.
(iii) PCC Logistics shall not be liable for loss of goods due to inventory shortage or unexplained or mysterious disappearance of Goods unless Customer establishes such loss occurred because of PCC Logistics’ failure to exercise the care required under section 11 above. Any presumption of conversion imposed by law shall not apply to such loss and a claim by Customer of conversion must be established by a preponderance of the evidence that PCC Logistics converted the Goods.
(iv) Where loss or injury occurs to stored Goods, for which PCC Logistics is not liable, Customer shall be responsible for the cost of removing and disposing of such Goods and the cost of any environmental clean-up and site remediation resulting from the loss or injury to the Goods.
Cargo Loss or Damage. In the case of loss of or damage to any cargo carried under this Charter, the Owners hereby authorize the Charterers and their agents at their sole discretion to grant any extension of time of suit, provided always that a similar extension has been or will be simultaneously granted on behalf of the Charterers. Owners to be notified when extensions have been granted on Owners' behalf. Such extension of time shall be without prejudice to the rights and obligations of either party under this Charter. As between Owners and Charterers, liability for cargo claims shall be apportioned in accordance with _________________________________.
Cargo Loss or Damage. A. With respect to transportation of the Goods, XXXXXXXXXXXXX.XXX INC.,’ liability and notice of claim and time-bar for any action in law shall be in accordance with the applicable statutory liability standards and time-bar for the particular mode of transportation (e.g., COSGA for ocean movements, Xxxxxxx Amendment for surface movement, Warsaw or Montreal for air movements), absent specific liability terms in this Agreement, the Appendices, or the xxxx of lading. In the event XXXXXXXXXXXXX.XXX INC., issues the pertinent transportation document in its name (i.e., xxxx of lading, air waybill), the terms and conditions in such document shall control over any other document between the parties. In the event XXXXXXXXXXXXX.XXX INC., does not issue the transportation document or is acting as an air or ocean freight forwarder or property broker, XXXXXXXXXXXXX.XXX INC., shall not have liability for any loss or damage of Goods, all such liability shall be borne by the applicable Subcontractor in accordance with the terms of this Agreement. Notwithstanding anything to the contrary in this Agreement, in no event shall XXXXXXXXXXXXX.XXX INC., be liable to Customer for loss of profits or business, or any indirect, special, consequential or punitive damages.
B. Claim Handling. Any claim made by Customer shall be made directly to UPS in accordance to UPS’ terms and conditions. XXXXXXXXXXXXX.XXX INC., shall have no liability nor responsibility to assist Customer in handling such claims.
Cargo Loss or Damage. Ryder will not be liable for loss of or damage to any cargo, goods or property in, carried on, or towed by any Vehicle ("Cargo"), even if the loss or damage occurs on Ryder's premises or is caused by Ryder's negligence or any other failure on Ryder's part. You agree to defend, release, indemnify, and hold Ryder harmless for all Damages and Defense Costs arising out of or related to loss or damage to Cargo.
