Common use of FREIGHT LOSS, DAMAGE OR DELAY Clause in Contracts

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 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 while under CARRIER‟s care, custody or control. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer‟s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. CARRIER shall be liable to BROKER for all economic loss, including consequential damages that are incurred by BROKER or the Customer for any freight loss, damage or delay claim. Payments by CARRIER to BROKER or its customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER‟s or Customer‟s invoice and supporting documentation for the claim.

FREIGHT LOSS, DAMAGE OR DELAY. CARRIER shall have the sole and exclusive care, custody and control of the Customer‟s 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 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 Customer’s goods or property while under CARRIER‟s CARRIER’s care, custody or control. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer‟s Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. CARRIER shall be liable to BROKER for all economic loss, including consequential damages that are incurred by BROKER or the Customer for any freight loss, damage or delay claim. Payments by CARRIER to BROKER or its customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER‟s BROKER’s or Customer‟s Customer’s invoice and supporting documentation for the claim.

FREIGHT LOSS, DAMAGE OR DELAY. CARRIER shall have the sole and exclusive care, custody and control of the Customer‟s 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 assumes shall assume full and complete responsibility and liability, regardless of the liability fault of a common carrier (i.e. Xxxxxxx Amendment liability) any person, for any and all loss, delay, damage to or destruction of any and all of Customer‟s Customer’s goods or property while under CARRIER‟s 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 BROKERIndependent, or allow BROKER to Independent may deduct from the amount BROKER amounts it owes CARRIER, Customer‟s the Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. CARRIER shall be liable to BROKER Independent for all economic loss, including consequential damages that are incurred by BROKER Independent or the Customer for any freight loss, damage or delay claim. Payments by CARRIER to BROKER Independent or its customerthe Customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER‟s Independent’s or Customer‟s the Customer’s invoice and supporting documentation for the claim.

FREIGHT LOSS, DAMAGE OR DELAY. CARRIER shall have the sole and exclusive care, custody and control of the Customer‟s 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 assumes the liability of a common carrier (i.e. Xxxxxxx Amendment liabilityliability under 49 U.S.C. § 14706) for loss, delay, damage to or destruction of any and all of Customer‟s Customer’s goods or property while under CARRIER‟s CARRIER’s care, custody or control. CARRIER shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer‟s Customer’s full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. CARRIER shall be liable to BROKER for all economic loss, including consequential damages damages, that are incurred by BROKER or the Customer for any freight loss, damage or delay claim. Payments by CARRIER to BROKER or its customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of BROKER‟s BROKER’s or Customer‟s Customer’s invoice and supporting documentation for the claim. XXXXXXX agrees that no released rates or liability limitations shall apply to any shipment handled by CARRIER under this Agreement. 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 fully assist BROKER and/or the Customer in investigating any claim for cargo loss, damage, delay, or destruction.

FREIGHT LOSS, DAMAGE OR DELAY. CARRIER shall have the sole and exclusive care, custody and control of the Customer‟s Customer’s property from the time it is delivered to CARRIER for the transportation until delivery to the consignee accompanied by the appropriate receipts as specified in Paragraph 4. CARRIER assumes the liability of a common carrier (i.e. Xxxxxxx Amendment Xxxxxx Amendn2ent liability) for loss, delay, and damage to or destruction of any and all of Customer‟s Customer’s goods or property while under CARRIER‟s CARRIER’S care, custody or control. CARRIER shall CARRIER. Shall pay to BROKER, or allow BROKER to deduct from the amount BROKER owes CARRIER, Customer‟s Customer’s full actual loss for the kind and quantity of commodities so so-lost, ; delayed, damaged damaged, or destroyed. CARRIER Carrier shall be liable to BROKER BROKER- for all economic loss, including consequential damages that are incurred by BROKER or the Customer for any freight loss, damage damage, or delay claim. Payments by CARRIER to BROKER or its customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt receipts by CARRIER of BROKER‟s BROKER’s or Customer‟s invoice Customer’s Invoice and supporting documentation for the claim.