FREIGHT LOSS, DAMAGE OR DELAY. (a) Unless otherwise set forth in Appendix A, CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met.
(b) CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery.
(c) CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon BROKER by the cargo claimant, except that CARRIER’s full value liability shall not exceed $100,000 (U.S. Dollars) per shipment unless agreed upon in writing by the PARTIES (such agreement may, but need not necessarily, take the form of a declared value declaration). No other limitation of liability shall apply unless specifically agreed to in writing by BROKER prior to CARRIER’s receipt of the specific shipments to which such limitation applies, and BROKER’s agreement to a limitation shall not be construed as a waiver of full value liability with respect to any other goods tendered to CARRIER.
(d) BROKER or its Customer may request that CARRIER accept a higher maximum liability. In such an event, the increased valuation will be stated in a separate Rate Confirmation Agreement or on the xxxx of lading. CARRIER’s acceptance of the load shall evidence CARRIER’s acknowledgement that CARRIER agrees that it will be liable for the increased valuation (of the full value of the goods, whichever is less), and that CARRIER agrees to maintain cargo insurance up to the full amount of such valuation. Upon request, CARRIER will provide BROKER or Customer evidence of such increased cargo insurance limits, which insurance will comply with the provisions of this Agreement governing cargo insurance.
(e) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER...
FREIGHT LOSS, DAMAGE OR DELAY. CARRIER shall have the sole and exclusive care, custody and control of the shipper’s property from the time it is picked up for transportation, until it is delivered to the destination. CARRIER assumes the liability of a common carrier for loss, delay, damage to or destruction of any and all of shipper’s goods or property while under CARRIER’s care. Payments by CARRIER to DISPATCH or its customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of DISPATCH’s or customer’s invoice and supporting documentation for the claim.
FREIGHT LOSS, DAMAGE OR DELAY. (a) CARRIER shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts. CARRIER shall notify BROKER immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event CARRIER becomes aware that applicable delivery schedules will not be met.
(b) Subject to sub-paragraph 8c) below CARRIER shall be liable for freight loss, damage or delay as follows:
FREIGHT LOSS, DAMAGE OR DELAY. CARRIER shall have the sole and exclusive care, custody and control of the shipper’s property from the time it is picked up for transportation, until it is delivered to the destination. CARRIER assumes the liability of a common carrier for loss, delay, damage to or destruction of any and all of shipper’s goods or property while under CARRIER’s care.
FREIGHT LOSS, DAMAGE OR DELAY. CARRIER shall have the sole and exclusive care, custody and control of the Customer’s property from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts as specified in Paragraph 4. CARRIER shall assume full and complete responsibility and liability, regardless of the fault of any person, for any and all loss, delay, damage to or destruction of any and all of Customer’s goods or property while under CARRIER’s care, custody or control, and in no event shall that liability be less than that of a Common Carrier as provided for in 49 U.S.C. § 14706 (the Xxxxxxx Amendment). Exclusions in CARRIER’s insurance coverage shall not exonerate CARRIER from this liability. CARRIER shall pay to Independent, or Independent may deduct from amounts it owes CARRIER, the Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. CARRIER shall be liable to Independent for all economic loss, including consequential damages that are incurred by Independent or the Customer for any freight loss, damage or delay claim. Payments by CARRIER to Independent or the Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of Independent’s or the Customer’s invoice and supporting documentation for the claim.
FREIGHT LOSS, DAMAGE OR DELAY. In accordance with Paragraph 8 of the Agreement, any special provisions dealing with cargo loss and damage claims are set forth below:
FREIGHT LOSS, DAMAGE OR DELAY. (a) Except with respect to loss or damage in storage under Section 6(d), above, CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of any and all goods or property tendered to CARRIER pursuant to this Agreement from the time the shipment is tendered to CARRIER until delivery. CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, as well as any additional costs or fees imposed upon ROCK-IT by the cargo claimant. CARRIER waives any right to salvage goods subject to this provision, as well as any right to claim an offset for the value of salvage.
(b) CARRIER waives any Applicable Law regarding processing of claims and handling of salvage, including, but not limited to, the provisions of 49 C.F.R. Part 370. CARRIER shall pay to ROCK-IT, or allow ROCK-IT to deduct from the amount ROCK-IT owes CARRIER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to ROCK-IT or its Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of ROCK-IT’s or Customer’s undisputed claim and supporting documentation. CARRIER shall fully assist ROCK- IT in investigating any claim for cargo loss, damage, delay, or destruction.
FREIGHT LOSS, DAMAGE OR DELAY. ● CARRIER assumes the liability of a motor carrier under the Xxxxxxx Amendment as currently codified at 49 U.S.C. § 14706 for loss, delay, damage to or destruction of goods or property tendered to CARRIER pursuant to this Agreement from the time the Shipment is tendered to CARRIER until delivery. CARRIER shall be liable for the full invoice value of the cargo lost, damaged, delayed, or destroyed, but shall not be liable for any related costs or fees, including consequential or incidental damages, unless SHIPPER requires CARRIER to be liable for such related costs or fees in its shipperbroker agreement with BROKER or otherwise. CARRIER shall have the right to salvage goods or a right to claim an offset for the value of salvage with BROKER''s prior written consent, which shall not be withheld if SHIPPER allows salvage of goods or an offset for salvage value. In the event of an accident, CARRIER shall be responsible for securement, cleanup and disposal of cargo as directed by SHIPPER. ● Processing of claims for freight loss, damage or delay shall be governed by the provisions of 49 C.F.R. Part 370, except as limited by the provisions of this Agreement. CARRIER shall pay, decline or make a firm compromise of settlement within sixty (60) days after receipt of a claim. CARRIER and BROKER shall cooperate with each other and with SHIPPER in investigating any claim for cargo loss, damage, delay, or destruction. ● SHIPPER shall be a third party beneficiary of this Section 8 and shall be entitled to enforce the obligations in this Section 8 against CARRIER.
FREIGHT LOSS, DAMAGE OR DELAY. BROKER assumes the liability of a common carrier (i.e. Xxxxxxx Amendment liability) for loss, delay, damage to or destruction of any and all of Customer’s goods or property from the time it is delivered to a SERVICING MOTOR CARRIER for transportation until delivery to the consignee. BROKER shall pay to ROCK-IT, or allow ROCK-IT to deduct from the amount ROCK-IT owes BROKER, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by BROKER to ROCK-IT or its Customer, pursuant to the provisions of this section for all undisputed claims, shall be made within thirty (30) days following receipt by BROKER of ROCK-IT’s or Customer’s invoice and supporting documentation for the claim. ROCK-IT, the Customer, or any other entity entitled to recover on such claim shall have the greater of: (a) the minimum time allowed by law; or (b) nine months from the date of deliver, or the date on which delivery would have occurred in the event that delivery is not made, to file all claims under this section with Broker. Any such claim filing entity shall have two years and one day from the date of denial of all or any part of such claim in which to file suit.
FREIGHT LOSS, DAMAGE OR DELAY. Broker shall submit to CARRIER written notice of any cargo claim, including loss or expenses resulting from CARRIER’S delay in providing service, within twelve (12) months of the delivery date of this shipment, or, if no delivery, the date of the occurrence resulting in the claim. The filing, processing and disposition of all cargo claims shall be governed by 49 C.F.R. § 370 et seq. The parties agree that federal common carrier laws of liability (i.e. Xxxxxxx Amendment liability) shall apply to all shipments being transported by Carrier under this Agreement. In addition, however, CARRIER shall be liable to BROKER for all economic loss, including consequential damages that are incurred by BROKER or BROKER'S customers for any freight loss, damage or delay claim.
