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 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. 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 assumes the liability of a common carrier (i.e. Xxxxxxx Amendment 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 IndependentBROKER, or Independent may allow BROKER to deduct from amounts it the amount BROKER 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 BROKER for all economic loss, including consequential damages that are incurred by Independent BROKER or the Customer for any freight loss, damage or delay claim. Payments by CARRIER to Independent BROKER or the Customerits customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of IndependentBROKER’s or 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 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 shall assume full and complete responsibility and assumes the liability of a common carrier (i.e. Xxxxxx Amendn2ent liability, regardless of the fault of any person, ) for any and all loss, delay, and damage to or destruction of any and all of Customer’s goods or property while under CARRIER’s ’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 Shall pay to IndependentBROKER, or Independent may allow BROKER to deduct from amounts it the amount BROKER owes CARRIER, the 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 Independent BROKER- for all economic loss, including consequential damages that are incurred by Independent BROKER or the Customer for any freight loss, damage damage, or delay claim. Payments by CARRIER to Independent BROKER or the Customerits customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt receipts by CARRIER of IndependentBROKER’s or the Customer’s invoice 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 shall assume full and complete responsibility and assumes the liability of a common carrier (i.e. Xxxxxxx Amendment 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 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 IndependentBROKER, or Independent may allow BROKER to deduct from amounts it the amount BROKER owes CARRIER, the 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 Independent BROKER for all economic loss, including consequential damages that are incurred by Independent BROKER or the Customer for any freight loss, damage or delay claim. Payments by CARRIER to Independent BROKER or the Customerits customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of Independent’s BROKER‟s or the Customer’s Customer‟s invoice and supporting documentation for the claim.