Claim Filing Requirements and Procedures. 11.6.1. Under the terms of Article 186 of the Railroad Service Regulation, in the case of the total or partial loss of the Freight, the claim must be filed in writing, via telefax or by electronic mail within a maximum of one hundred and eighty (180) calendar days from the date the corresponding consignee is notified of the loss. All such written or electronic communication of claims shall comply with the minimum requirements contained herein. Claims may only be submitted by the beneficial owner of the cargo or a party to the transportation contract covering the subject shipment. 11.6.2. All claims must provide the following information: (i) A demand for payment in a specific amount. (ii) Information identifying the KCSM shipment including the railcar initials and number, Shipper and receiver identification, shipping date and commodity. (iii) Origin records as to the condition and quantity of the cargo at the time the shipment was given to the origin rail KCSM. If shortage is involved proof of origin seals applied must be furnished. (iv) Destination records as to the condition and quantity of the cargo at the time it was received from KCSM. If shortage is involved the destination record of seals must be furnished. (v) Explanation and Verification (proof of the value) of the amount claimed. (vi) Evidence of the disposition of the cargo. (vii) Proof that the shipment was loaded in compliance with Section 7.1 of this agreement. (viii) The User must present the proof of payment for hauling in order to commence the claims process. (ix) KCSM will pay the User the amount of the damages or shortages after the User has confirmed the acceptance of the figure that KCSM presents as the Settlement Offer and issued the corresponding invoice. The invoice issued to KCSM to confirm acceptance of the amount offered and to cover the indemnification will not itemize the VAT (IVA), in accordance with the terms of Article 1 of the Value Added Tax Law. 11.6.3. KCSM reserves the right to summarily deny any and all claims submitted that do not contain all or part of the aforementioned documentation. 11.6.4. All loss and Damage Claims filed against KCSM must be filed with: Email address: xxxxxxxxxxxxx@xxxxx.xxx.xx
Appears in 4 contracts
Samples: Freight Railroad Transportation Rendering Services Agreement, Freight Railroad Transportation Rendering Services Agreement, Freight Railroad Transportation Rendering Services Agreement
Claim Filing Requirements and Procedures. 11.6.1. Under the terms of Article 186 of the Railroad Service Regulation, in the case of the total or partial loss of the Freight, the claim must be filed in writing, via telefax or by electronic mail within a maximum of one hundred and eighty (180) calendar days from the date the corresponding consignee is notified of the loss. All such written or electronic communication of claims shall comply with the minimum requirements contained herein. Claims may only be submitted by the beneficial owner of the cargo or a party to the transportation contract covering the subject shipment.
11.6.2. All claims must provide the following information:
(i) A demand for payment in a specific amount.
(ii) Information identifying the KCSM shipment including the railcar initials and number, Shipper and receiver identification, shipping date and commodity.
(iii) Origin records as to the condition and quantity of the cargo at the time the shipment was given to the origin rail KCSM. If shortage is involved proof of origin seals applied must be furnished.
(iv) Destination records as to the condition and quantity of the cargo at the time it was received from KCSM. If shortage is involved the destination record of seals must be furnished.
(v) Explanation and Verification (proof of the value) of the amount claimed.
(vi) Evidence of the disposition of the cargo.
(vii) Proof that the shipment was loaded in compliance with Section 7.1 of this agreement.
(viii) The User must present the proof of payment for hauling in order to commence the claims process.
(ix) KCSM will pay the User the amount of the damages or shortages after the User has confirmed the acceptance of the figure that KCSM presents as the Settlement Offer and issued the corresponding invoice. The invoice issued to KCSM to confirm acceptance of the amount offered and to cover the indemnification will not itemize the VAT (IVA), in accordance with the terms of Article 1 of the Value Added Tax Law.
11.6.3. KCSM reserves the right to summarily deny any and all claims submitted that do not contain all or part of the aforementioned documentation.
11.6.4. All loss and Damage Claims filed against KCSM must be filed with: Toll Free Telefax Number 1-812-9512-7831 Email address: xxxxxxxxxxxxx@xxxxx.xxx.xxxxxxxxxxxxxx@xxxxxxxxxx.xxx.xx
Appears in 2 contracts
Samples: Freight Railroad Transportation Rendering Services Agreement, Freight Railroad Transportation Rendering Services Agreement
