Freight Claims. SHIPPER must file claims for cargo loss or damage with BROKER within one hundred eighty (180) days from the date of such loss, shortage or damage, which for purposes of the Agreement shall be the delivery date or, in the event of non- delivery, the scheduled delivery date. SHIPPER must file any civil action against BROKER in a Court of Law (or commence arbitration) within two (2) years from the date the carrier or BROKER provides written notice to SHIPPER that the carrier has disallowed any part of the claim in the notice. Carriers utilized by BROKER shall agree in writing with BROKER to be liable for cargo loss or damage as outlined in paragraph 4.C above. The carriers’ cargo liability for any one shipment shall not exceed $100,000.00 unless BROKER is notified by SHIPPER of the increased value prior to shipment pickup and with reasonable advance notice to allow BROKER and/or the carrier to procure additional insurance coverage. It is understood and agreed that the BROKER is not a carrier and that the BROKER shall not be held liable for loss, damage or delay in the transportation of SHIPPER's property unless caused by BROKER’s negligent acts or omissions in the performance of this Agreement. BROKER shall assist SHIPPER in the filing and/or processing of claims with the carrier. If payment of a claim is made by BROKER to SHIPPER, SHIPPER automatically assigns its rights and interest in the claim to BROKER. In no event shall BROKER or BROKER’s contracted Carrier be liable to SHIPPER for special, incidental, or consequential damages that relate to loss, damage or delay to a shipment, unless SHIPPER has informed BROKER in written or electronic form prior to or when offering a shipment or series of shipments to BROKER, of the potential nature, type and approximate amount of such damages, and BROKER specifically agrees in written or electronic form to accept responsibility for such damages.
Freight Claims. The Operators shall agree among themselves on the most fair, practical and efficient arrangements for handling and administering freight loss and damage claims with the intent that (i) each Operator shall be responsible for losses occurring to lading either in its possession or in the possession of CRC for the account of such Operator, and (ii) the Operators shall follow relevant AAR rules and formulas in providing for the allocation of losses which are either of undetermined origin or in Railcars handled in interline service by or for the account of both Operators.
Freight Claims. SHIPPER must file claims for cargo loss or damage with BROKER within one hundred eighty (180) days from the date of such loss, shortage or damage, which for purposes of the Agreement shall be the delivery date or, in the event of non-delivery, the scheduled delivery date. SHIPPER must file any civil action against BROKER in a Court of Law (or commence arbitration) within two (2) years from the date the carrier or BROKER provides written notice to SHIPPER that the carrier has disallowed any part of the claim in the notice.
Freight Claims. Miles terms are FOB its warehouse. All Products shipments become property of the Dealer when the freight carrier receives them. The Xxxx of Lading is an acknowledgment that the Products were received from Miles’ warehouse in good condition. Upon receipt of a shipment, the Dealer must inspect it thoroughly and do not accept it without marking all copies of the freight xxxx. Should the Dealer find any items missing or damaged, the Dealer should contact the carrier. Miles cannot assist with the claims if the Dealer gives the carrier a clear receipt. The Dealer may want to consider extra freight insurance as most carriers only pay a fixed amount per pound.
Freight Claims. The parties shall agree between themselves on the most fair, practical and efficient arrangements for handling and administering freight loss and damage claims with the intent that (a) each party shall be responsible for losses occurring to lading in its possession for the account of such party and (b) the parties shall follow relevant AAR rules and formulas in providing for the allocation of losses which are either of undetermined origin or in Railcars handled in interline service by or for the account of both parties.
Freight Claims. CCL must be notified of a claim within 24 hours of the delivery date. The final statement of the claim must be filed within nine (9) months of the delivery date. Please call 0-000-000-0000 to file a claim. Upon receipt of a proper claim form accompanied by the waybill, manifest and invoice, CCL will acknowledge the receipt of the claim in writing to the claimant within thirty (30) days. Under no circumstances shall freight claims or other amounts be offset against transportation charges owed to CCL. Notwithstanding any other provision of these Terms and Conditions, the maximum liability for loss of or damage to a shipment, regardless of the declared value entered in the appropriate field of the waybill, shall not exceed the lesser of:
Freight Claims. Cardinal must be notified of a claim within 24 hours of the delivery date. The final statement of the claim must be filed within nine (9) months of the delivery date. Please call 0-000-000-0000 to file a claim. Upon receipt of a proper claim form accompanied by the waybill, manifest and invoice, Xxxxxxxx will acknowledge the receipt of the claim in writing to the claimant within thirty (30) days. Under no circumstances shall freight claims or other amounts be offset against transportation charges owed to Cardinal. Notwithstanding any other provision of these Terms and Conditions, the maximum liability for loss of or damage to a shipment, regardless of the declared value entered in the appropriate field of the waybill, shall not exceed the lesser of: Cardinal’s maximum liability set out in these Terms and Conditions; the depreciated market value of the goods; the replacement cost of the goods to the claimant; or the cost of repairing the goods. Cardinal will not be liable for, nor shall any adjustment, refund or credit of any kind be made for any loss, damage, delay, mis-delivery, non-delivery, caused by or resulting in whole or in part from:
Freight Claims. It is the receiving party’s responsibility to verify quantities and condition of goods received. Claims for “shortages” will not be honored by Steel King unless we have been notified within 48
Freight Claims. The Company is not responsible for damage to Products which occurs in transit or in storage. It is the Buyer’s responsibility to examine Products upon receipt and to file any claims with the carrier. Any claims against the Company for apparent defects, errors, or shortages must be made by the Buyer in writing within seven (7) working days after any delivery. Failure by the Buyer to make any claim against the Company within seven (7) days shall constitute acceptance of the Products and a waiver of any apparent defects, errors, or shortages.
Freight Claims a. BROKER shall reasonably assist SHIPPER in the filing or processing of claims with any Selected Motor Carrier. If payment of any claim is made by BROKER to SHIPPER, SHIPPER automatically and hereby assigns its rights and interest in such claim to BROKER to allow BROKER to subrogate its loss.
b. SHIPPER must file claims for cargo loss or damage with the motor carrier within nine (9) months from the date of such loss, shortage, or damage, which for purposes of this Agreement shall be the delivery date or, in the event of non-delivery, the scheduled delivery date. SHIPPER must file any civil action in a court of law within two (2) years and one day from the date the Selected Motor Carrier or BROKER provides written notice to SHIPPER that the Selected Motor Carrier has disallowed any part of the claim in the notice.
