Common use of CLAIMS, SUITS AND TIME FOR FILING Clause in Contracts

CLAIMS, SUITS AND TIME FOR FILING. (a) A Shipper shall advise the Carrier in writing of any claim for delay, damage or loss resulting from the transportation of such Shipper’s Crude Petroleum by the Carrier within nine months of delivery of such Crude Petroleum by the Carrier or, in the case of a failure to make delivery, then within nine months after a reasonable time for delivery has elapsed. (b) A Shipper shall institute any action arising out of any claim against the Carrier within two years from the date that written notice is given by the Carrier to such Shipper that the Carrier has disallowed such claim or any part of such claim. (c) If a Shipper fails to comply with the provisions of paragraph (a) or paragraph (b) of Rule 17 of this tariff, then such Shipper waives all rights it has to bring an action against the Carrier with respect to such claim.

Appears in 2 contracts

Samples: International Joint Tariff Agreement, International Joint Tariff Agreement (Enbridge Energy Partners Lp)

AutoNDA by SimpleDocs

CLAIMS, SUITS AND TIME FOR FILING. (a) a. A Shipper shall advise the Carrier in writing of any claim for delay, damage or loss resulting from the transportation of such Shipper’s Crude Petroleum by the Carrier within nine months 30 days of delivery of such Crude Petroleum by the Carrier or, in the case of a failure to make delivery, then within nine months 30 days after a reasonable time for delivery has elapsed. (b) b. A Shipper shall institute any action arising out of any claim against the Carrier within two years 180 days from the date that written notice is given by the Carrier to such Shipper that the Carrier has disallowed such claim or any part of such claim. (c) c. If a Shipper fails to comply with the provisions of paragraph (a) or paragraph (b) of Rule 17 of this tariff, then such Shipper waives all rights it has to bring an action against the Carrier with respect to such claim.

Appears in 2 contracts

Samples: International Joint Tariff Agreement, International Joint Tariff Agreement (Enbridge Energy Partners Lp)

CLAIMS, SUITS AND TIME FOR FILING. (a) A Shipper shall advise the Carrier in writing of any claim for delay, damage or loss resulting from the transportation of such Shipper’s Crude Refined Petroleum Products by the Carrier within nine months 30 days of delivery of such Crude Refined Petroleum Products by the Carrier or, in the case of a failure to make delivery, then within nine months 30 days after a reasonable time for delivery has elapsed. (b) A Shipper shall institute any action arising out of any claim against the Carrier within two years 180 days from the date that written notice is given by the Carrier to such Shipper that the Carrier has disallowed such claim or any part of such claim. (c) If a Shipper fails to comply with the provisions of paragraph (a) or paragraph (b) of Rule 17 18 of this tariff, then such Shipper waives all rights it has to bring an action against the Carrier with respect to such claim.

Appears in 2 contracts

Samples: International Joint Tariff Agreement, International Joint Tariff Agreement (Enbridge Energy Partners Lp)

CLAIMS, SUITS AND TIME FOR FILING. (a) A Shipper shall advise the Carrier in writing of any claim for delay, damage or loss resulting from the transportation of such Shipper’s 's Crude Petroleum by the Carrier within nine months of delivery of such Crude Petroleum by the Carrier or, in the case of a failure to make delivery, then within nine months after a reasonable time for delivery has elapsed. (b) A Shipper shall institute any action arising out of any claim against the Carrier within two years from the date that written notice is given by the Carrier to such Shipper that the Carrier has disallowed such claim or any part of such claim. (c) If a Shipper fails to comply with the provisions of paragraph (a) or paragraph (b) of [Rule 17 19] of this tariff, then such Shipper waives all rights it has to bring an action against the Carrier with respect to such claim.

Appears in 1 contract

Samples: Transportation Services Agreement

AutoNDA by SimpleDocs

CLAIMS, SUITS AND TIME FOR FILING. (a) a. A Shipper shall advise the Carrier in writing of any claim for delay, damage or loss resulting from the transportation of such Shipper’s 's Crude Petroleum by the Carrier within nine months 30 days of delivery of such Crude Petroleum by the Carrier or, in the case of a failure to make delivery, then within nine months 30 days after a reasonable time for delivery has elapsed. (b) b. A Shipper shall institute any action arising out of any claim against the Carrier within two years 180 days from the date that written notice is given by the Carrier to such Shipper that the Carrier has disallowed such claim or any part of such claim. (c) c. If a Shipper fails to comply with the provisions of paragraph (a) or paragraph (b) of Rule 17 of this tariff, then such Shipper waives all rights it has to bring an action against the Carrier with respect to such claim.

Appears in 1 contract

Samples: Transportation Services Agreement

CLAIMS, SUITS AND TIME FOR FILING. (a) A Shipper shall advise the Carrier in writing of any claim for delay, damage or loss resulting from the transportation of such Shipper’s Xxxxxxx's Crude Petroleum by the Carrier within nine months of delivery of such Crude Petroleum by the Carrier or, in the case of a failure to make delivery, then within nine months after a reasonable time for delivery has elapsed. (b) A Shipper shall institute any action arising out of any claim against the Carrier within two years from the date that written notice is given by the Carrier to such Shipper that the Carrier has disallowed such claim or any part of such claim. (c) If a Shipper fails to comply with the provisions of paragraph (a) or paragraph (b) of [Rule 17 19] of this tariff, then such Shipper waives all rights it has to bring an action against the Carrier with respect to such claim.

Appears in 1 contract

Samples: Transportation Services Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!