Common use of Claims and Limitations of Liability Clause in Contracts

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. Broker XX Xxxxxx Logistics is not liable for loss, damage, delay or injury to any shipment, and acts solely as broker for placement of cargo with carriers. XX Xxxxxx Logistics is not liable for any loss, damage, misdelivery mis-delivery or non-delivery including, but not limited to when caused by: (i) the international or negligent act, default or omission of a Carrierany person (including, the Customerbut not limited to any carrier, warehousemen, customs brokers, Customer or any other party who claims interest in performing services related to the transportation of the shipment); or (ii) the nature of the shipment or any defect therein; or (iii) a violation of the by Customer of any provision of this Agreement, the BOL, the carrier’s tariff, Tariff (including, but not limited to improper or insufficient packing, securing, marking or addressing); or (iv) the failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions; or (v) any acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, perils of the air or sea, 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 a 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 that, unless Customer obtains insurance through XX Xxxxxx Logistics (as provided for in Section 12), in which case Customer will be responsible for any corresponding premium and deductible, the risk burden of any loss or damage incurred as a result of Broker’s XX Xxxxxx Logistics’ 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 shifted to Customer. Insurance deductible is $500.00 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.aggregate

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 Xxxxxx 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 BrokerXxxxxx’s liability shall not exceed in any case, one-third of the total damages claimed.

Claims and Limitations of Liability. Broker DGL is not liable for any loss, damage, misdelivery or non-delivery caused by: (i) the act, default or omission of a Carrier, ; the Customer, 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 by 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 vehicles or other equipment; or (vi) that the acts or omissions of any person other than employees of BrokerDGL; 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 DGL alleged liability shall be limited to the fees that Broker DGL 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 There is a minimum claim amount of fifty dollars ($50.0050) (subject to the limits after limit of liability set forth aboverule has been applied) on damage/shortage claims in order for Broker DGL to file a claim with the carrier. The Base Pillars Materiality All covenants, agreements, representations and warranties made herein shall be deemed to be material and to have been relied on by the Parties further agree there is a minimum claim amount in entering into this Agreement and shall survive the acceptance of fifty dollars ($50.00) (after this Agreement. embodies the one-third (1/3) rulefull and complete understanding and agreement of the Parties hereto and supersedes all prior understandings, stated hereinwhether oral or written. No representation, promise, inducement or statement of intention has been applied) for concealed damage claims made by any Party hereto which is not contemplated by or embodied in order for Broker to file a claim with carrier. One-third (1/3) Rule: Due to the nature of concealed damage claims this Agreement, and the difficulty in determining when such concealed damage may have occurred, in the event that such a concealed damage claim no Party hereto shall be madebound by or liable for any alleged misrepresentation, the Parties agree that Broker’s liability shall promise, inducement or statement of intention not exceed in any case, one-third of the total damages claimedso set forth.

Claims and Limitations of Liability. Broker GSL is not liable for any loss, damage, misdelivery or non-delivery caused by: (i) the act, default or omission of a Carrier, ; the Customer, 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 by 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 the acts or omissions of any person other than employees of BrokerGSL; 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 GSL’ alleged liability shall be limited to the fees that Broker GSL has earned with respect to the subject shipment. Customer specifically acknowledges that Broker GSL 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 There is a minimum claim amount of fifty dollars ($50.0050) (subject to the limits after limit of liability set forth aboverule has been applied) on damage/shortage claims in order for Broker GSL to file a claim with the carrier. The Parties further agree there There is a minimum claim amount of fifty dollars ($50.0050) (after the one-third (1/3) rule, stated herein, 1/3 rule has been applied) on for concealed damage claims in order for Broker GSL to file a claim with the 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.