FREIGHT LOSS OR DAMAGE. Carrier shall be liable to Shipper for loss of or damage to any property shipped under the Agreement ("freight claim") in accordance with the terms of 49 U.S.C. §14706, as the same may be amended or renumbered from time to time. Said terms shall be part of this Agreement as if set forth herein and shall be applied and interpreted as it said 49 U.S.C.
FREIGHT LOSS OR DAMAGE. Broker shall require carrier to accept liability for cargo loss, damage, delay or theft of any shipment. The parties do not agree to released value rates, or other limitations on cargo liability, and any provision on any Bill of Lading, tariff, rules circular, receipt or other shipping document purporting to set a released value rate or limitation shall be invalid. Carrier by accepting shipment, whether or not by signing an original Bill of Lading or accepting an electronic shipping document in lieu of an original Bill of Lading, acknowledges that the cargo is in good condition. Claims will be filed and resolved in accordance with federal regulations found at 49 C.F.R.370 et seq., which shall govern all claims process and salvage. Notwithstanding the terms of 49 C.F.R. 370 et. seq., as amended, Xxxxxxx agrees to provide written disposition; pay, decline or make settlement offer in writing on all cargo loss and damage claims within sixty (60) days of its receipt thereof. In the event of failure by the Carrier to pay, decline or offer settlement within this 60 day period Boost may deduct the full amount of such claim from the outstanding invoices of the Broker after providing Broker with written notice and giving Broker ten (10) days to process the claim and cure the breach. Neither party shall be liable to the other for consequential damages without prior written notification of the risk of loss and its approximate financial amount, and agreement to assume such responsibility in writing. All claims for cargo loss or damages shall be submitted to Broker as agent for Carrier in writing within 270 days after delivery or, if lost, the date of the scheduled delivery. Any civil action or arbitration for loss or damage to cargo must be brought within two (2) years. The period for bringing a civil action or arbitration is computed from the date the Carrier gives Broker written notice that the carrier has disallowed any part of the claim specified in the notice. Unless a higher limit of liability is agreed to in a signed Scope of Work Addendum or an executed load confirmation sheet between Boost and Broker at time of booking, all claims for loss, damage and delay will be limited to $100,000 per shipment. Carrier shall be liable to Boost and the parties identified on bills of lading for any and all loss, damage, or delay to shipments. The value of the shipment shall be sales price at destination. Carrier shall indemnify, defend and save harmless Boost, its customers,...
FREIGHT LOSS OR DAMAGE. Carrier shall be liable to Shipper for loss of or damage to any property shipped hereunder ("freight claim") in accordance with the terms of 49 U.S.C. §14706, as the same may be amended or renumbered from time to time. Said terms shall be part of this Agreement as if set forth herein and shall be applied and interpreted as it said 49 U.S.C. §14706 by its terms were expressly made applicable to contract carriers and specifically to Carrier hereunder. Carrier shall not be liable as provided under this section except for loss of or damage to property occurring while shipment(s) are under the care, custody and control of Carrier. Furthermore, Shipper agrees, subject to the terms of this Agreement, that 49 U.S.C.
FREIGHT LOSS OR DAMAGE. Carrier shall be liable to Shipper for loss of or damage to any property shipped hereunder ("freight claim") in accordance with the terms of 49 U.S.C. §14706, as the same may be amended or renumbered from time to time. Said terms shall be part of this Agreement as if set forth herein and shall be applied and interpreted as it said 49 U.S.C. §14706 by its terms were expressly made applicable to contract carriers and specifically to Carrier hereunder. Carrier shall not be liable as provided under this section except for loss of or damage to property occurring while shipment(s) are under the care, custody and control of Carrier. Furthermore, Shipper agrees, subject to the terms of this Agreement, that 49 U.S.C. §14706 shall be the exclusive remedy of Shipper for any claim for loss of or damage to property. The measure of value of any such loss of or damage to property shall be calculated on the basis of the manufactured cost (wholesale value of the property) plus transportation charges applicable to the kind and quantity of property so lost or damaged. Carrier shall not be liable to Shipper for any consequential damages which may arise from services of Carrier hereunder. Any claim by Shipper against Carrier for loss or damage shall be handled in the following manner: (A) A claim for loss or damage to cargo shall not be paid by Carrier unless in writing and submitted by Shipper to Carrier by certified mail within nine months after the date of delivery of the shipment or nine months after the date when Carrier notifies Shipper that the shipment is lost. A communication in writing from Shipper, submitted to Carrier by certified mail within the said nine month period and (1) containing facts sufficient to identify the shipment involved, (2) asserting liability for alleged loss or damage and (3) making claim for payment of a specified or determinable amount of money, shall be considered sufficient to constitute a claim. (B) Upon receipt in writing of a proper claim in the manner and form described hereinabove, Carrier shall acknowledge receipt of such claim in writing to Shipper within thirty days after the date of its receipt by Carrier unless Carrier shall have theretofore paid or declined such claim in writing. Carrier shall state in its acknowledgment to Shipper what, if any, additional documentary evidence or pertinent information may be required by it to process the claim. (C) Each claim filed against Carrier in the manner prescribed herein shall be promptly...
FREIGHT LOSS OR DAMAGE. (a) For loss, damage, injury or delay of any shipment hereunder while in the custody, possession or control of Carrier, Carrier hereby assumes the equivalent liability of a motor common carrier as provided in Section 14706 of Title 49 of the United States Code and 49CFR370 as in effect on the Effective Date.
(b) If any shipment hereunder or any part thereof is lost, damaged, or destroyed, Carrier shall pay the wholesale invoice to Goody's (as well as $.09 for each item of apparel or related product which is either lost, damaged or destroyed) for the goods lost, damaged or destroyed while in the care, custody, or control of the Carrier.
(c) Goody's shall notify Carrier of shortage or damage to any shipment within ten (10) days after delivery of shipment, with written claim for loss to be filed by Goody's within six (6) months after delivery. Carrier shall use its best efforts to amicably settle and resolve such claim within thirty (30) days after receipt of Goody's notice of claim.
(d) Any action at law to recover for such loss or damage shall be instituted by Goody's against Carrier not later than twenty-four (24) months after such loss or damage.
FREIGHT LOSS OR DAMAGE. All Loss and Xxxxxx claims must be submitted in writing and follow the law as set by 49 U.S. Code § 14706. All claims must be submitted in writing with the proper claim form and proof of loss. Claims will be paid promptly upon resolution. Unless otherwise agreed upon in writing, RLS is only responsible for a maximum value of $2.50 per pound. Deductions from freight bills will also not be accepted. Xxxxxxx agrees to allow RLS the right to mitigate the loss by the sale of salvage. If salvage rights are not granted, a salvage allowance of 30% of invoice will be deducted in lieu of salvage.
FREIGHT LOSS OR DAMAGE. CMM will administer any claims regarding cargo loss or damage, but shall not be liable for any cargo loss or damage for any Arranged Services. For truckload shipments, the carrier or service provider shall be liable for full value of invoice value of any cargo actually lost or damaged, up to a maximum of $100,000 per shipment. For LTL, air, rail or ocean shipments, the carrier or service provider shall be liable in accordance with the applicable tariff or treaty covering such shipment. Customer hereby waives the amount of any claim exceeding that limitation, and all subrogation rights. As a condition precedent to recovery, Customer shall file a written claim for loss or damage with CMM within 60 days of the date of delivery for the shipment, except that claims for the failure to make delivery shall be made within 60 days after a reasonable time for delivery has elapsed. Suits for loss, damage or delay shall be instituted no later than 6 months from the day that written notice is provided to the claimant that the claim has been disallowed, in full or in part. Failure to follow these requirements timely shall be a waiver of the claim, and the suit shall be for ever barred. CMM shall have no responsibility to commence litigation on behalf of the claimant, as any and all litigation shall be the sole responsibility of the claimant. CMM or the carrier or other service provider shall not be liable for loss of profit, income, interest, attorney fees, or any special, incidental or consequential damages under any circumstances. Customer is responsible for ensuring proper blocking and bracing of freight for shipments handled via rail or air and assumes responsibility for any damages or costs resulting from a freight shift. For shipments which originate in or are destined to Mexico, CMM and any motor carrier engaged by CMM shall not have any liability for cargo loss, damage or delay which occurs in Mexico, and shall not be liable for the acts or omission of any third parties, including, but not limited to, drayage and or cartage agents, customs brokers, freight forwarders, Mexican carriers and/or other interlining carriers, involved in providing transportation services for Customers goods.
FREIGHT LOSS OR DAMAGE. Carrier shall accept liability as a motor carrier under the Xxxxxxx Amendment (as currently codified at 49 U.S.C. § 14706 and as amended from time to time) for loss or damage to goods tendered by or to Shipper. Notwithstanding the above, Carrier’s maximum liability for any cargo loss or damage claim shall be limited to the lesser of the actual value of the goods or $100,000 per shipment regardless of the cause of such damage or loss. Shipper shall submit to Carrier written notice of any cargo claim within nine (9) months of the delivery date of the shipment or, if no delivery, the date of the occurrence resulting in the claim. Any civil action filed by Shipper must be field no later than two (2) years from the date of delivery specified on the xxxx of lading. The filing, processing and disposition of all cargo claims shall be governed by 49 C.F.R. § 370 ET. Seq. Carrier shall be liable to Shipper for cargo claims occurring while in the possession of or under the control of Carrier, relating to or arising out of Carrier's solely negligent performance of this Agreement. Neither Shipper nor Carrier shall be liable to the other for any loss, damage, or failure to perform caused by acts of God, public enemy, inherent nature of the cargo, wars, strikes, fires, floods or any other causes not within the control of the party in default. In addition, Carrier shall not be liable to Shipper for any economic loss or consequential damages to Shipper beyond actual loss or damage to the cargo being transported. Shipper shall not deduct or offset any cargo claims from the freight charges owed to Carrier herein.
FREIGHT LOSS OR DAMAGE. (a) Carrier contractually assumes liability of a common motor carrier as provided in Section 14706 of Title 49 of the United States Code as in effect on the Effective Date of this agreement; (b) If any shipment hereunder or any part thereof is lost, damaged or destroyed, Carrier is liable for the full actual price less any reasonable salvage value; (c) All claims shall be handled in accordance with the governmental regulations applicable to common carriers;(d) Carrier remains responsible and liable should Carrier’s insurer deny coverage for any reason.
FREIGHT LOSS OR DAMAGE. (a) For loss, damage, injury or delay of any shipment hereunder while in the custody, possession or control of Carrier, Carrier hereby assumes the liability of a motor common carrier as provided in Section 11707 of Title 49 of the United States Code Annotated in effect on the date of this Agreement.
(b) If any shipment hereunder or any part thereof is lost, damaged or destroyed, Carrier shall pay to Shipper the cost of the goods lost, damaged or destroyed.
(c) Shipper shall submit to Carrier a written claim for loss of or damage to any shipment within ten (10) days after delivery of such shipment or in the case of failure to make delivery, after a reasonable time for such delivery has elapsed.
(d) Shipper shall not be required to file any action at law to recover for loss or damage to any shipment earlier than two (2) years after Carrier has furnished Shipper with a written denial of its claim whether in whole or in part.
(e) The provisions of this Section shall survive the cancellation, termination or expiration of this Agreement.
