Common use of Freight Claims Clause in Contracts

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. 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- 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 4.b 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 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 carrierCarrier. If payment of a claim is made by BROKER to SHIPPER, SHIPPER automatically assigns its rights and interest in the claim to BROKERBROKER so as to allow BROKER to subrogate its loss. In no event shall BROKER or BROKER’s contracted Carrier be liable to SHIPPER or anyone else 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 form, prior to or when offering tendering a shipment or series of shipments to BROKER, of the potential nature, type and approximate amount value of such damages, and BROKER specifically agrees in written or electronic form to accept responsibility for such damages.

Freight Claims. SHIPPER Shipper must file claims for cargo loss or damage with BROKER within one hundred eighty nine (1809) days months 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- 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 4.b above. The carriers’ cargo liability for any one shipment shall not exceed $100,000.00 100,000 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 Carrier and that the BROKER shall not be held liable for loss, damage or delay in the transportation of SHIPPER's ’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 carrierCarrier. If payment of a claim is made by BROKER to SHIPPER, SHIPPER automatically assigns its rights and interest in the claim to BROKERBROKER so as to allow BROKER to subrogate its loss. In no event shall BROKER or BROKER’s contracted Carrier be liable to SHIPPER or anyone else for special, incidental, or consequential damages that relate to loss, damage damage, or delay to a shipment, unless SHIPPER has informed BROKER in written or electronic form form, prior to or when offering tendering a shipment or series of shipments to BROKER, of the potential nature, type and approximate amount value of such damages, and BROKER specifically agrees in written or electronic form to accept responsibility for such damages.

Freight Claims. Freight claims shall be governed by 49 USC § 14706 and 49 CFR § 370 et seq. SHIPPER must file claims for cargo loss or damage with BROKER FORWARDER within one hundred eighty (180) days 9 months 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- non-delivery, the scheduled delivery date. SHIPPER must file any civil action against BROKER FORWARDER in a Court of Law (or commence arbitration) within two (2) years and a day from the date the carrier or BROKER FORWARDER provides written notice to SHIPPER that the carrier has disallowed any part of the claim in the notice. Carriers utilized by BROKER FORWARDER shall agree in writing with BROKER FORWARDER to be liable for cargo loss or damage as outlined in paragraph 4.C 4.b above. The carriers’ cargo liability for any one shipment shall not exceed $100,000.00 25.00 per pound or $100,000 (whichever is less), unless BROKER FORWARDER is notified by SHIPPER of the increased value prior to shipment pickup and with reasonable advance notice to allow BROKER FORWARDER and/or the carrier to procure additional insurance coverage. It is understood and agreed that the BROKER FORWARDER is not a carrier and that the BROKER Carrier but FORWARDER shall not be held liable for loss, damage or delay in the transportation of SHIPPER's 'S property unless caused by BROKER’s FORWARDER’S negligent acts or omissions in the performance of this Agreement. BROKER SHIPPER agrees to look to FORWARDER’S carrier (and not FORWARDER) for claims for loss, damage, or delay. FORWARDER shall assist SHIPPER in the filing and/or processing of claims with the carrierCarrier. If payment of a claim is made by BROKER FORWARDER to SHIPPER, SHIPPER automatically assigns its rights and interest in the claim to BROKERFORWARDER so as to allow FORWARDER to subrogate its loss. In no event shall BROKER FORWARDER or BROKER’s contracted FORWARDER’S Carrier be liable to SHIPPER or anyone else for special, incidental, or consequential damages that relate to loss, damage or delay to a shipment, unless SHIPPER has informed BROKER FORWARDER in written or electronic form form, prior to or when offering tendering a shipment or series of shipments to BROKERFORWARDER, of the potential nature, type and approximate amount value of such damages, and BROKER FORWARDER specifically agrees in written or electronic form to accept responsibility for such damages. If you would like a higher released value, please contact ATS Express at 000-000-0000.

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- non-delivery, the scheduled delivery date. SHIPPER must file any civil action against BROKER in a Court of Law (( or commence arbitration) 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 4.c above. The carriers’ cargo liability for any one shipment shall not exceed $100,000.00 100,000, 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 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 carrierCarrier. 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 form, prior to or when offering tendering 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. 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- 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’ carrier’s cargo liability for any one shipment shall not exceed one hundred thousand dollars ($100,000.00 100,000.00), 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. SHIPPER must file claims provide documentation for cargo loss or damage with BROKER within one hundred eighty thirty (18030) 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- non-delivery, the scheduled delivery date. SHIPPER must file any civil action against BROKER carrier in a Court of Law (or commence arbitration) law 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 4.C. above. The carriers’ cargo liability for any one shipment shall not exceed $100,000.00 be in agreement with terms stated in paragraph 4.D. above, 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 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 carrierCarrier. 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 form, prior to or when offering tendering 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. SHIPPER CUSTOMER must file claims for cargo loss or damage with BROKER within one hundred eighty sixty (18060) 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- non-delivery, the scheduled delivery date. SHIPPER The claim must include all supporting documentation including without limitation an invoice or certified copy of damages, bill of lading, and freight bill. If CUSTOMER fails to file the claim within the above- stated time frame, or fails to provide supporting documentation within such time frame, CUSTOMER agrees that such claim will be deemed waived. CUSTOMER 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 CUSTOMER that the carrier has disallowed any part of the claim in the notice. Carriers Xxxxxxxx utilized by BROKER shall agree in writing with BROKER to be liable for cargo loss or damage as outlined in paragraph 4.C 4.a above. The BROKER’s and carriers’ cargo liability for any one shipment shall not exceed $100,000.00 100,000 per occurrence, unless BROKER is notified by SHIPPER CUSTOMER of the increased value prior valueprior 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 Carrier and that the BROKER shall not be held liable for loss, damage or delay in the transportation of SHIPPERCUSTOMER 's property unless caused by BROKER’s negligent acts or omissions in the performance arranging for transportation of CUSTOMER’s freight pursuant to this Agreement. BROKER shall assist SHIPPER CUSTOMER in the filing and/or processing of claims with the carrierCarrier. If payment of a claim is made by BROKER to SHIPPERCUSTOMER, SHIPPER CUSTOMER automatically assigns its rights and interest in the claim to BROKERBROKER so as to allow BROKER to subrogate its loss. In no event shall BROKER or BROKER’s contracted Carrier be liable to SHIPPER CUSTOMER or anyone else for special, incidental, or consequential damages that relate to loss, damage or delay to a shipment, unless SHIPPER CUSTOMER has informed BROKER in written or electronic form form, prior to or when offering tendering a shipment or series of shipments to BROKER, of the potential nature, type and approximate amount value of such damages, and BROKER specifically agrees in written or electronic form to accept responsibility for such damages. Notwithstanding, no claim will be filed for less than $300.00.

Freight Claims. SHIPPER must file claims for cargo loss or damage with BROKER within one hundred eighty (180I 80) days from the date of such loss, Xxxx. shortage or damage, . which for purposes of the Agreement shall be the delivery date or, . in the event of non- 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 4.b above. The carriers’ ' cargo liability for any one shipment shall not exceed $100,000.00 exceed$ , 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 Carrier and that the BROKER shall not be held liable for loss, damage or delay in the transportation of SHIPPERofSHIPPER's property unless caused by BROKER’s '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 carrierCarrier. If payment of a claim is made by BROKER to SHIPPER, SHIPPER automatically assigns its rights and interest in the claim lo BROKER so as lo allow BROKER to BROKERsubrogatc its loss. In no event shall BROKER or BROKER’s contracted 's Carrier be liable to SHIPPER or anyone else for special, incidental, or consequential damages that relate to loss, . damage or delay to a shipment, unless SHIPPER SlIIPPER has informed BROKER in written or electronic form form. prior to or when offering tendering a shipment or series of shipments to BROKER, of the potential nature, type and approximate amount value of such damages, . and BROKER specifically agrees in written or electronic form to accept responsibility for such damages.

Freight Claims. SHIPPER must file claims for cargo loss or damage with BROKER Carrier 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- non-delivery, the scheduled delivery date. SHIPPER must file any civil action against BROKER Carrier 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 Xxxxxxxx utilized by BROKER shall agree in writing with BROKER to be liable for cargo loss or damage as outlined in paragraph 4.C 4.c above. The carriers’ cargo liability for any one shipment shall not exceed $100,000.00 100,000.00, 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 coveragecoverage at SHIPPER’s expense. It is understood and agreed that the BROKER is not a carrier Carrier and that the BROKER shall not be held liable for loss, damage or delay in the transportation of SHIPPERXXXXXXX's property unless caused by BROKER’s negligent acts or omissions in the performance of this Agreementproperty. BROKER shall assist SHIPPER XXXXXXX 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 BROKERCarrier. 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 XXXXXXX has informed BROKER in written or electronic form form, prior to or when offering tendering 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. 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- non-delivery, the scheduled delivery date. SHIPPER must file any civil action against BROKER in a Court of Law (( or commence arbitration) 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 4.c above. The carriers’ cargo liability for any one shipment shall not exceed $100,000.00 100,000, unless BROKER is notified by SHIPPER of the increased value prior to shipment pickup and with reasonable advance notice to allow BROKER and/or and/ or the carrier to procure additional insurance coverage. It is understood and agreed that the BROKER is not a carrier 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 carrierCarrier. 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 form, prior to or when offering tendering 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. SHIPPER CUSTOMER must file claims for cargo loss or damage with BROKER within one hundred eighty sixty (18060) 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- non-delivery, the scheduled delivery date. SHIPPER CUSTOMER 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 CUSTOMER 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 4.b above. The BROKER’s and carriers’ cargo liability for any one shipment shall not exceed $100,000.00 100,000, unless BROKER is notified by SHIPPER CUSTOMER 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 Carrier and that the BROKER shall not be held liable for loss, damage or delay in the transportation of SHIPPERCUSTOMER 's property unless caused by BROKER’s negligent acts or omissions in the performance arranging for transportation of CUSTOMER’s freight pursuant to this Agreement. BROKER shall assist SHIPPER CUSTOMER in the filing and/or processing of claims with the carrierCarrier. If payment of a claim is made by BROKER to SHIPPERCUSTOMER, SHIPPER CUSTOMER automatically assigns its rights and interest in the claim to BROKERBROKER so as to allow BROKER to subrogate its loss. In no event shall BROKER or BROKER’s contracted Carrier be liable to SHIPPER CUSTOMER or anyone else for special, incidental, or consequential damages that relate to loss, damage or delay to a shipment, unless SHIPPER CUSTOMER has informed BROKER in written or electronic form form, prior to or when offering tendering a shipment or series of shipments to BROKER, of the potential nature, type and approximate amount value of such damages, and BROKER specifically agrees in written or electronic form to accept responsibility for such damages.

Freight Claims. SHIPPER CUSTOMER must file claims for cargo loss or damage with BROKER within one hundred eighty nine months, (180270 days) 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- non-delivery, the scheduled delivery date. SHIPPER CUSTOMER 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 CUSTOMER that the carrier has disallowed any part of the claim in the notice. Carriers Xxxxxxxx utilized by BROKER shall agree in writing with BROKER to be liable for cargo loss or damage as outlined in paragraph 4.C 4.b above. The BROKER’s and carriers’ cargo liability for any one shipment shall not exceed $100,000.00 100,000, unless BROKER is notified by SHIPPER CUSTOMER 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 Carrier and that the BROKER shall not be held liable for loss, damage or delay in the transportation of SHIPPERCUSTOMER 's property unless caused by BROKER’s negligent acts or omissions in the performance arranging for transportation of CUSTOMER’s freight pursuant to this Agreement. BROKER shall assist SHIPPER CUSTOMER in the filing and/or processing of claims with the carrierCarrier. If payment of a claim is made by BROKER to SHIPPERCUSTOMER, SHIPPER CUSTOMER automatically assigns its rights and interest in the claim to BROKERBROKER so as to allow BROKER to subrogate its loss. In no event shall BROKER or BROKER’s contracted Carrier be liable to SHIPPER CUSTOMER or anyone else for special, incidental, or consequential damages that relate to loss, damage or delay to a shipment, unless SHIPPER CUSTOMER has informed BROKER in written or electronic form form, prior to or when offering tendering a shipment or series of shipments to BROKER, of the potential nature, type and approximate amount value of such damages, and BROKER specifically agrees in written or electronic form to accept responsibility for such damages.

Freight Claims. SHIPPER must file claims for cargo loss or damage with BROKER FREIGHT FORWARDER within one hundred eighty (180) days 9 months 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- non-delivery, the scheduled delivery date. SHIPPER must file any civil action against BROKER FREIGHT FORWARDER in a Court of Law (or commence arbitration) within two (2) years from the date the carrier or BROKER FREIGHT FORWARDER provides written notice to SHIPPER that the carrier has disallowed any part of the claim in the notice. Carriers utilized by BROKER FREIGHT FORWARDER shall agree in writing with BROKER FREIGHT FORWARDER to be liable for cargo loss or damage as outlined in paragraph 4.C above. The FREIGHT FORWARDERS’ and carriers’ cargo liability for any one shipment shall not exceed $100,000.00 _________, unless BROKER FREIGHT FORWARDER is notified in reasonable advanced written notice by SHIPPER of the increased value prior to offering the shipment pickup and with reasonable advance notice to allow BROKER FREIGHT FORWARDER and/or the its hired carrier to procure additional insurance coverageprotection. It is understood and agreed that the BROKER is not a carrier and that the BROKER shall not FREIGHT FORWARDER may be held liable for loss, damage or delay in the transportation of SHIPPER's property unless the same as a motor carrier under 49 USC 14706, and/ or if applicable, caused by BROKERFREIGHT FORWARDER’s negligent acts or omissions in the performance of this Agreement. BROKER FREIGHT FORWARDER shall assist SHIPPER in the filing and/or processing of claims with the carrierCarrier. If payment of a claim is made by BROKER FREIGHT FORWARDER to SHIPPER, SHIPPER automatically assigns its rights and interest in the claim to BROKERFREIGHT FORWARDER. In no event shall BROKER FREIGHT FORWARDER or BROKERFREIGHT FORWARDER’s contracted hired 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 FREIGHT FORWARDER in written or electronic form form, in a reasonable amount of time prior to or when offering tendering a shipment or series of shipments to BROKERFREIGHT FORWARDER, of the potential nature, type and approximate amount of such damages, and BROKER FREIGHT FORWARDER specifically agrees in written or electronic form to accept responsibility for such damages. Provided however, FREIGHT FORWARDERS hired carrier shall be liable for consequential damages for violation of par 4J above.

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 Xxxxxxxx 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 SHIPPERXXXXXXX's property unless caused by BROKER’s negligent acts or omissions in the performance of this Agreement. BROKER shall assist SHIPPER XXXXXXX 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 XXXXXXX 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. SHIPPER CUSTOMER must file claims for cargo loss or damage with BROKER within one hundred eighty ten (18010) 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- non-delivery, the scheduled delivery date. SHIPPER CUSTOMER 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 CUSTOMER that the carrier has disallowed any part of the claim in the notice. Carriers Xxxxxxxx utilized by BROKER shall agree in writing with BROKER to be liable for cargo loss or damage as outlined in paragraph 4.C 4.b above. The BROKER’s and carriers’ cargo liability for any one shipment shall not exceed $100,000.00 100,000, unless BROKER is notified by SHIPPER CUSTOMER 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 Carrier and that the BROKER shall not be held liable for loss, damage or delay in the transportation of SHIPPERCUSTOMER 's property unless caused by BROKER’s negligent acts or omissions in the performance arranging for transportation of CUSTOMER’s freight pursuant to this Agreement. BROKER shall assist SHIPPER CUSTOMER in the filing and/or processing of claims with the carrierCarrier. If payment of a claim is made by BROKER to SHIPPERCUSTOMER, SHIPPER CUSTOMER automatically assigns its rights and interest in the claim to BROKERBROKER so as to allow BROKER to subrogate its loss. In no event shall BROKER or BROKER’s contracted Carrier be liable to SHIPPER CUSTOMER or anyone else for special, incidental, or consequential damages that relate to loss, damage or delay to a shipment, unless SHIPPER CUSTOMER has informed BROKER in written or electronic form form, prior to or when offering tendering a shipment or series of shipments to BROKER, of the potential nature, type and approximate amount value of such damages, and BROKER specifically agrees in written or electronic form to accept responsibility for such damages.