Claims and Limitations of Liability. Broker is not liable for any loss, damage, misdelivery or non-delivery caused by: (i) the act, default or omission of a Carrier, the Customer, or any other party who claims interest in the shipment; or (ii) the nature of the shipment or any defect therein; or (iii) a violation of the Customer of any provision of this Agreement, the BOL, the carrier’s tariff, including, improper or insufficient packing, securing, marking or addressing; or (iv) failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions; or (v) acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, shortages, weather conditions or mechanical delay or failure of vehicles, aircraft or other equipment; or (vi) that acts or omissions of any person other than employees of Broker; or (vii) the selection of carrier for a particular shipment. Customer acknowledges that in order to provide competitive rates for the services, that the parties have agreed as a material term of this Agreement that the risk of loss or damage incurred as a result of Broker’s alleged liability shall be limited to the fees that Broker has earned with respect to the subject shipment. Customer specifically acknowledges that Broker shall have no liability for negligent acts or omissions of its employees except to the extent such actions or omissions constitute gross negligence. The Parties agree there is a minimum claim amount of fifty dollars ($50.00) (subject to the limits of liability set forth above) on damage/shortage claims in order for Broker to file a claim with the carrier. The Parties further agree there is a minimum claim amount of fifty dollars ($50.00) (after the one-third (1/3) rule, stated herein, has been applied) for concealed damage claims in order for Broker to file a claim with carrier. One-third (1/3) Rule: Due to the nature of concealed damage claims and the difficulty in determining when such concealed damage may have occurred, in the event that such a concealed damage claim shall be made, the Parties agree that Broker’s liability shall not exceed in any case, one-third of the total damages claimed.
Claims and Limitations of Liability. GlobalTranz is not liable for any loss, damage, misdelivery or non-delivery caused by:
Claims and Limitations of Liability. The Company may assist in the claim filing process. If the Company is involved, they will use commercially reasonable efforts to assist and cooperate with Customer to investigate and process with the carrier any freight loss or damage claims occurring in the course of the transportation services rendered to such Customer. The carrier liability and claims process for any cargo damage, loss, or theft from any cause shall be determined under the Xxxxxxx Amendment, 49 U.S.C. 14706 and 49 C.F.R. §370.1 et seq. respectively. Customer agrees the Company, as a broker only, is not liable for any damages, except as stated hereafter. To the extent Company is found negligent, Company’s liability is limited to no greater than a refund of the total freight charge payment related to the specific Bill of Lading in question. The individual carrier's governing General Rules Tariff will apply when determining carrier liability. Those Tariffs can be viewed at the Company's corporate offices. If the shipment contains freight with a predetermined exception value, as determined by the selected carrier, the maximum exception liability will override the otherwise standard liability coverage. The maximum amount that Customer will receive from carrier on a claim will be that which is recoverable under the respective transportation tariffs. It is the Customer's responsibility to ensure the liability limits of the carrier meet their shipment needs. The Company will not be responsible in any way for claims arising out of Customer negligence, carrier's negligence, or the negligence of any third party. All claims and supporting documentation must be submitted within 30 days after delivery. Claims for damages that are not readily apparent or noted upon delivery ("concealed damage") must be submitted within 3 days after delivery. Customer is responsible to ensure freight is inspected upon delivery and damage noted accordingly. Claims for damages not noted upon delivery may not be honored. Company shall not be liable for any actions brought to enforce a claim unless all claims procedures have been complied with and the action is brought within one year after the date the carrier first disallowed all or part of the claim. The filing of a claim does not relieve the responsible party for payment of freight charges. Freight payment is necessary in order to process a claim. Customer may not offset freight or other charges owed to Company against claims for any loss, damage, mis-delivery or non-d...
Claims and Limitations of Liability. It is understood and agreed that VP Logistics is a BROKER and not a Carrier and that as a BROKER shall not be liable for loss, damage or delay in the transportation of Customer’s property unless caused by BROKER’s negligent acts or omissions in the performance of this agreement. VP Logistics may assist at their sole discretion, in the claim filing process against the motor carrier on Customer’s behalf. If VP Logistics is to assist on customer’s behalf, they will use reasonable efforts to assist and cooperate with Customer to investigate and process with the motor carrier any freight loss or damage claims occurring in the course of the arrangement of transportation services rendered to such Customer.
Claims and Limitations of Liability. TRAFFIX is not liable for any loss, damage, misdelivery or non-delivery caused by:
Claims and Limitations of Liability. Highways & Skyways is not liable for any loss, damage, mis-delivery or non-delivery caused by: (I) the act, default or omission of a Carrier, the Customer or any other party who claims interest in the shipment, or
Claims and Limitations of Liability. ATM is not liable for any loss, damage, mis-delivery or non-delivery caused by (a) the act, default or omission of a Carrier, the Customer or any other party who claims interest in the shipment, or (b) the nature of the shipment or any defect therein, or (c) a violation by the Customer of any provision of this Agreement, the Consignment Note/BOL, the Carrier’s Consignment Note, including, improper or insufficient packaging, securing, marking or addressing, or (d) failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions, or (e) acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labour disputes, shortages, weather conditions or mechanical delay or failure of vehicles, aircraft or other equipment, or (f) the acts or omissions of any person other than employees of ATM, or (g) the selection of Carrier for a particular shipment. The Customer acknowledges that in order to provide competitive rates for the services requested, that the parties have agreed as a material term of this Agreement that the burden of any loss or damage incurred as a result of ATM or the Carrier’s alleged liability has been shifted to the Customer, and that in any event the maximum amount of ATM’s liability is limited to the fees that ATM has earned with respect to the subject shipment. The Customer specifically acknowledges that ATM or the Carrier shall have no liability for negligent acts or omissions of its employees except to the extent such actions or omissions constituted gross negligence.
Claims and Limitations of Liability. It is understood and agreed that VP Logistics is a BROKER and not a Motor Carrier and that as a BROKER shall not be liable for loss, damage or delay in the transportation of Customer’s property unless caused by BROKER’s negligent acts or omissions in the performance of this agreement. VP Logistics may assist at their sole discretion, in the claim filing process against the motor carrier on Customer’s behalf. If VP Logistics is to assist on customer’s behalf, they will use reasonable efforts to assist and cooperate with Customer to investigate and process with the motor carrier any freight loss or damage claims occurring in the course of the arrangement of transportation services rendered to such Customer. Customer must submit written claim to BROKER within sixty (60) days of delivery, or sixty (60) days of the date delivery should have occurred if no delivery is made.
Claims and Limitations of Liability. Performance Plus is not liable for any loss, damage, mis-delivery or non- delivery caused by: (i) the act, default or omission of a Carrier, the Customer or any other party who claims interest in the shipment, or
Claims and Limitations of Liability. PureFreight is not liable for loss, damage, delay or injury to any shipment, and acts solely as broker for placement of cargo with carriers. PureFreight is not liable for any loss, damage, mis-delivery or non-delivery including, but not limited to when caused by: (i) the international or negligent act, default or omission of any person (including, but not limited to any carrier, warehousemen, customs brokers, Customer or any other party performing services related to the transportation of the shipment); (ii) the nature of the shipment or any defect therein;
