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 NGL by the Carrier within nine months of delivery of such NGL 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 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 NGL by the Carrier within nine months 30 days of delivery of such NGL 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 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)