Common use of Liability and Claims Clause in Contracts

Liability and Claims. Carrier shall be liable to Broker and Customers, for all loss, damage or injury to all cargo occurring, while in the possession or under the control of Carrier under this Agreement, or resulting from Carrier=s performance or failure to perform the services undertaken by Carrier under the terms of this Agreement. Any attempt by Carrier to limit its liability by provisions contained in any bill of lading, delivery receipt or tariff (whether filed, published or independently determined) that have not been specifically incorporated by reference into this Agreement shall be deemed null and void. a. For purposes of a loss or damage claim, the measure of damages shall be the invoice price of the goods as destination. b. It is understood between the parties that time is of the essence in the transportation services required under this Agreement. If Xxxxxxx believes that it will be unable to complete with reasonable dispatch and without loss of, or damage to, any shipment under this Agreement, Carrier shall immediately notify Broker, giving an estimate of the delay and delivery anticipated. If requested by Broker, Carrier shall promptly take steps to reload the freight in replacement equipment, deliver the freight to another carrier or to otherwise arrange for the protection, storage or delivery of such freight. Carrier shall be liable for any excess or premium transportation costs incurred and any detention, storage or similar fees brought about by the delay of Carrier=s transportation of freight under this Agreement, and the same may be deducted from any amount owed to or claimed by Carrier. c. Except as specifically set forth to the contrary in this Agreement, all claims of overage and shortage, loss and damage and any salvage arising under this Agreement shall be submitted to Carrier and handled and processed by Carrier in accordance with 49 CFR Section 1005. Xxxxxxx shall acknowledge receipt of all such claims within thirty (30) days, and shall settle all claims within sixty (60) days of receipt. Broker reserves the right to withhold payment of any money due for services rendered by Broker where claim lia- bility is disputed, until the Broker and Carrier come to a mutual understanding. d. Concealed loss and damage claims reported to Carrier within fifteen (15) days of delivery shall be treated as if an exception notation had been made on the delivery receipt or bill of lading at the time of delivery. e. The time limits for filing of loss and damage claims, and the time limits for filing any action at law for disallowance of claims, shall be governed by the provisions contained in 49 USC Section 14706.

Liability and Claims. Carrier (a) Broker and its motor carriers, in performing freight transportation services pursuant to this Agreement, shall be liable to Broker and Customers, SPS for all loss, damage or injury to all cargo occurring, while in the possession or under the control full value of Carrier under this Agreement, or resulting from Carrier=s performance or failure to perform the services undertaken by Carrier under the terms of this Agreement. Any attempt by Carrier to limit its liability by provisions contained in any bill of lading, delivery receipt or tariff (whether filed, published or independently determined) that have not been specifically incorporated by reference into this Agreement shall be deemed null and void. a. For purposes of a loss or damage claim, the measure of damages shall be the invoice price of the goods as destination. b. It is understood between the parties that time is of the essence in the transportation services required under this Agreement. If Xxxxxxx believes that it will be unable to complete with reasonable dispatch and without loss of, or damage toto Commodities, up to a maximum amount of $100,000 per truckload shipment. Broker shall contractually require the arranged motor carriers to be bound by the liability provisions of this Agreement. Xxxxxx agrees that any shipment cargo loss or damage in connection with the transport of Commodities under this AgreementAgreement shall not be subject to any limitation of liability, Carrier shall immediately notify Broker, giving an estimate of the delay and delivery anticipated. If requested by Broker, Carrier shall promptly take steps to reload the freight except if expressly stipulated in replacement equipment, deliver the freight to another carrier or to otherwise arrange for the protection, storage or delivery of such freight. Carrier shall be liable for any excess or premium transportation costs incurred and any detention, storage or similar fees brought about by the delay of Carrier=s transportation of freight under this Agreement, and shall be in addition to any other liability arising under other provisions of this Agreement. In no instance shall Broker or contracted carriers be liable for consequential, special, incidental damages, fines, chargebacks, liquidated damages or penalties, whether or not such damages were reasonable foreseeable, unless the same may type and amount are specifically agreed to in a signed writing at least 24 hours prior to shipment. In the event SPS gives written notice of a declared value in excess of $100,000.00 per shipment at least 24 hours prior to the tender of a shipment to Broker, and Xxxxxx accepts such shipment, Xxxxxx’s liability shall be deducted from any limited to the amount owed to stated or claimed by Carrierdeclared in such prior written notice of valuation. For purposes of this section, “full value” shall mean the invoice value of the Commodities at the place and time of shipment. c. Except as specifically set forth (b) In the case of loss of Commodities, SPS must submit a written notice of claim to Broker within nine (9) months from the contrary in this Agreementdate of shipment. (c) In the case of damages to Commodities, all claims SPS must submit a written notice of overage and shortage, loss and damage and any salvage arising under this Agreement shall be submitted claim to Carrier and handled and processed by Carrier in accordance with 49 CFR Section 1005. Xxxxxxx Broker within nine (9) months from the date of delivery of the shipment. (d) Xxxxxx shall acknowledge receipt of all such claims notice of claim within thirty (( 30) daysdays of the date of the notice of claim. Broker shall provide SPS with a copy of the relevant signed bill of lading, the SPS Receiving Report, the Return Authorization Number, if applicable, and any other document attesting what was done with the damaged Commodities, within fourteen (14) days of receipt of such documents. (e) SPS shall submit a final written claim within nine (9) months from the date of the delivery or scheduled delivery. Broker shall submit payment of claim or contest claim within one hundred twenty (120) days of the date of the final written claim. (f) Xxxxxx’s failure to pay or contest claim with one hundred twenty (120) in days of the date of the final written claim may result in the claim being deducted by SPS from Broker’s invoices for movement of freight with Broker written consent. (g) In the event that damaged Commodities are refused by the consignee, Xxxxxx’s contracted carrier shall request that the consignee clearly indicate the damaged Commodities on the Bill of Lading, and shall settle all claims within sixty return the damaged Commodities to the Vendor without charge if there is the reasonable possibility of salvage or the refusal was due to carrier’s fault. In addition, Xxxxxx shall immediately contact the Vendor via email or fax for a Return Authorization (60RA) days Number, quote that RA# on the Bill of receiptLading, and make an appointment in order to return the shipment at origin. Broker reserves shall also obtain a Return Authorization (RA) Number prior to returning overages. Broker shall provide a copy of the right to withhold payment Proof of any money due Delivery with each request for services rendered by Broker where claim lia- bility is disputed, until the Broker and Carrier come to a mutual understandingReturn Authorization Number. d. Concealed loss and damage claims reported to Carrier within fifteen (15h) days In the case of delivery overages of pieces, Xxxxxx’s contacted carrier shall be treated as responsible for the return of the pieces to the point of origin at its cost except if an exception notation had been made the overages were duly noted on the delivery receipt or bill of lading and signed for. (i) The consignor and contracted carriers shall be responsible to determine the exact count of the Commodities at the time point of delivery.origin of the shipment when picking up Commodities from the vendors listed in Schedule D. e. The time limits for filing (j) For shipments originating from the abovementioned origins, Xxxxxx agrees that each and every shipment of loss Commodities shall require a driver count and damage claimsshipper load, or a shipper load and count. Xxxxxx’s contracted carrier shall deliver freight in full quantity as per the time limits for filing any action at law for disallowance Bill of claimsLading and shall not d e l i ver partial shipment unless prior authorization is received from SPS. In the event of shortages, a warehouse count shall be governed made in order to verify the findings of the consignee as per the Proof of Delivery. If the warehouse count confirms that the shortage was caused by shipping error at origin, Broker shall not be liable for such shortage. If the provisions contained warehouse count confirms that shipment count at origin was accurate, the parties agree that it shall be presumed that Xxxxxx lost products entrusted in 49 USC Section 14706its care. In the event that the Commodities are subsequently found, Xxxxxx shall be credited for any claims. For all other vendors, Broker shall count the number of pieces and note the piece count on the bill of lading.

Liability and Claims. Carrier (a) Carrier, in performing freight transportation services pursuant to this Agreement, shall be liable to Broker SPS as an interstate motor carrier pursuant to 49 X.X.X., §00000 (the Xxxxxxx Amendment) and Customersfederal common law applicable to common carriers for the full value of any loss of, for all loss, or damage or injury to all cargo occurring, Commodities occurring while in the possession of Carrier or any of its subcontractors or agents, or under the control of Carrier under this AgreementCarrier’s care, custody or control, or resulting from Carrier=s Xxxxxxx’s performance of or failure to perform the services undertaken by Carrier provided herein. Xxxxxxx agrees that any cargo loss or damage in connection with the transport of Commodities under the terms this Agreement shall not be subject to any limitation of liability and shall be in addition to any other liability arising under other provisions of this Agreement. Any attempt by For purposes of this section, “full value” shall mean the invoice value of the Commodities at the place and time of shipment but in no event shall the "full value" exceed the sum of $100,000.00. (b) In the case of loss of Commodities, SPS must submit a written notice of claim to the Carrier within nine (9) months from the date of shipment. (c) In the case of damages to limit its liability by provisions contained in any Commodities, SPS must submit a written notice of claim to the Carrier within nine (9) months from the date of delivery of the shipment. (d) Carrier shall acknowledge receipt of notice of claim within seventy-two (72) hours of the date of the notice of claim. Carrier shall provide SPS with a copy of the relevant signed bill of lading, delivery receipt or tariff the SPS Receiving Report, the Return Authorization Number, if applicable, and any other document attesting what was done with the damaged Commodities, within fourteen (whether filed, published or independently determined14) that have not been specifically incorporated days of the date of the notice of claim. Xxxxxxx’s failure to provide the aforementioned documents within fourteen (14) days of the date of the notice of claim will result in the claim being deducted by reference into this Agreement shall be deemed null and voidSPS from Carrier’s invoices for movement of freight without Carrier recourse. a. For purposes (e) SPS shall have two (2) years and 1 day from the date of Xxxxxxx’s written denial of a loss or damage claim in which to bring a lawsuit against Carrier on such claim, the measure of damages shall be the invoice price of the goods as destination. b. It is understood between the parties that time is of the essence in the transportation services required under this Agreement. If Xxxxxxx believes that it will be unable to complete with reasonable dispatch and without loss of, or damage to, any shipment under this Agreement, Carrier shall immediately notify Broker, giving an estimate of the delay and delivery anticipated. If requested by Broker, Carrier shall promptly take steps to reload the freight in replacement equipment, deliver the freight to another carrier or to otherwise arrange for the protection, storage or delivery of such freight. Carrier shall be liable for any excess submit payment of claim or premium transportation costs incurred and any detention, storage or similar fees brought about by the delay of Carrier=s transportation of freight under this Agreement, and the same may be deducted from any amount owed to or claimed by Carrier. c. Except as specifically set forth to the contrary in this Agreement, all claims of overage and shortage, loss and damage and any salvage arising under this Agreement shall be submitted to Carrier and handled and processed by Carrier in accordance with 49 CFR Section 1005. Xxxxxxx shall acknowledge receipt of all such claims within thirty (30) days, and shall settle all claims contest claim within sixty (60) days of receiptthe date of the final written claim. Broker reserves the right Xxxxxxx’s failure to withhold payment of any money due for services rendered by Broker where pay or contest claim lia- bility is disputed, until the Broker and Carrier come to a mutual understanding. d. Concealed loss and damage claims reported to Carrier within fifteen sixty (1560) days of delivery the date of the final written claim will result in the claim being deducted by SPS from Carrier’s invoices for movement of freight without Carrier recourse. (f) In the event that damaged Commodities are refused by the consignee, Carrier shall be treated as if an exception notation had been made responsible for ensuring that the consignee clearly indicate the damaged Commodities on the delivery receipt Bill of Lading, and shall return the damaged Commodities to the Vendor without charge. In addition, Xxxxxxx shall immediately contact the Vendor via email or fax for a Return Authorization (RA) Number, quote that RA# on the Bill of Lading, and make an appointment in order to return the shipment at origin. The Carrier shall also obtain a Return Authorization (RA) Number prior to returning overages. The Carrier shall provide a copy of the Proof of Delivery with each request for a Return Authorization Number. (g) In the case of overages of pieces, the Carrier shall be responsible for the return of the pieces to the point of origin at the Carrier’s cost except if the overages were duly noted on the bill of lading and signed for. For vendors where the Carrier is only required to count and sign for number of pieces, the Carrier shall not be responsible for returning the excess cases to the point of origin. (h) Carrier shall be responsible to determine the exact count of the Commodities at the time point of deliveryorigin of the shipment when picking up Commodities from the vendors listed in Schedule D. (i) For shipments originating from the abovementioned vendors, Xxxxxxx agrees that each and every shipment of Commodities shall require a driver count and shipper load, and not a shipper load and count. Carrier shall deliver freight in full quantity as per the Bill of Lading and shall not allow deliver partial shipment unless prior authorization is received from SPS. In the event of shortages, a warehouse count shall be made in order to verify the findings of the consignee as per the Proof of Delivery. If the warehouse count confirms that the shortage was caused by shipping error at origin, the Carrier shall not be liable for such shortage. If the warehouse count confirms that shipment count at origin was accurate, the parties agree that it shall be presumed that Carrier lost products entrusted in its care. In the event that the Commodities are subsequently found, Carrier shall be responsible for their return and for the payment of return freight charges. For all other vendors, Carrier shall count the number of pieces and note the piece count on the Bill of Lading. e. The time limits for filing (j) In the event that the vendor substitutes Commodities within a shipment, the consignee may refuse the substituted Commodities if the consignee does not carry such Commodities. Xxxxxxx shall return substituted Commodities to vendor at vendor’s expense. However, when the Carrier is only required to count pieces, the Carrier shall not be required to return substituted Commodities to the vendor. (k) Carrier shall not, at any time, deliver freight in excess of loss the quantity specified on the Bill of Lading. Carrier shall verify and damage claims, and identify all overages with the time limits for filing any action at law for disallowance of claims, shall be governed by the provisions contained in 49 USC Section 14706Shipper.

Liability and Claims. Carrier (a) Carrier, in performing freight transportation services pursuant to this Agreement, shall be liable to Broker SPS as an interstate motor carrier pursuant to 49 X.X.X., §00000 (the Xxxxxxx Amendment) and Customersfederal common law applicable to common carriers for the full value of any loss of, for all loss, or damage or injury to all cargo occurring, Commodities occurring while in the possession of Carrier or any of its subcontractors or agents, or under the control of Carrier under this AgreementCarrier’s care, custody or control, or resulting from Carrier=s ’s performance of or failure to perform the services undertaken by provided herein. Carrier agrees that any cargo loss or damage in connection with the transport of Commodities under the terms this Agreement shall not be subject to any limitation of liability and shall be in addition to any other liability arising under other provisions of this Agreement. Any attempt by Carrier to limit its liability by provisions contained in any bill of lading, delivery receipt or tariff (whether filed, published or independently determined) that have not been specifically incorporated by reference into this Agreement shall be deemed null and void. a. For purposes of this section, “full value” shall mean the invoice value of the Commodities at the place and time of shipment but in no event shall the "full value" exceed the sum of $100,000.00. (b) In the case of loss of Commodities, SPS must submit a loss or damage claim, written notice of claim to the measure Carrier within nine (9) months from the date of shipment. (c) In the case of damages shall be to Commodities, SPS must submit a written notice of claim to the invoice price Carrier within nine (9) months from the date of delivery of the goods as destinationshipment. b. It is understood between the parties that time is of the essence in the transportation services required under this Agreement. If Xxxxxxx believes that it will be unable to complete with reasonable dispatch and without loss of, or damage to, any shipment under this Agreement, (d) Carrier shall immediately notify Broker, giving an estimate of the delay and delivery anticipated. If requested by Broker, Carrier shall promptly take steps to reload the freight in replacement equipment, deliver the freight to another carrier or to otherwise arrange for the protection, storage or delivery of such freight. Carrier shall be liable for any excess or premium transportation costs incurred and any detention, storage or similar fees brought about by the delay of Carrier=s transportation of freight under this Agreement, and the same may be deducted from any amount owed to or claimed by Carrier. c. Except as specifically set forth to the contrary in this Agreement, all claims of overage and shortage, loss and damage and any salvage arising under this Agreement shall be submitted to Carrier and handled and processed by Carrier in accordance with 49 CFR Section 1005. Xxxxxxx shall acknowledge receipt of all such claims notice of claim within thirty seventy-two (3072) dayshours of the date of the notice of claim. Carrier shall provide SPS with a copy of the relevant signed xxxx of lading, the SPS Receiving Report, the Return Authorization Number, if applicable, and any other document attesting what was done with the damaged Commodities, within fourteen (14) days of the date of the notice of claim. Carrier’s failure to provide the aforementioned documents within fourteen (14) days of the date of the notice of claim will result in the claim being deducted by SPS from Carrier’s invoices for movement of freight without Carrier recourse. (e) SPS shall settle all claims have two (2) years and 1 day from the date of Carrier’s written denial of a claim in which to bring a lawsuit against Carrier on such claim. Carrier shall submit payment of claim or contest claim within sixty (60) days of receiptthe date of the final written claim. Broker reserves the right Carrier’s failure to withhold payment of any money due for services rendered by Broker where pay or contest claim lia- bility is disputed, until the Broker and Carrier come to a mutual understanding. d. Concealed loss and damage claims reported to Carrier within fifteen sixty (1560) days of delivery the date of the final written claim will result in the claim being deducted by SPS from Carrier’s invoices for movement of freight without Carrier recourse. (f) In the event that damaged Commodities are refused by the consignee, Carrier shall be treated as if an exception notation had been made responsible for ensuring that the consignee clearly indicate the damaged Commodities on the delivery receipt Xxxx of Lading, and shall return the damaged Commodities to the Vendor without charge. In addition, Carrier shall immediately contact the Vendor via email or bill fax for a Return Authorization (RA) Number, quote that RA# on the Xxxx of Lading, and make an appointment in order to return the shipment at origin. The Carrier shall also obtain a Return Authorization (RA) Number prior to returning overages. The Carrier shall provide a copy of the Proof of Delivery with each request for a Return Authorization Number. (g) In the case of overages of pieces, the Carrier shall be responsible for the return of the pieces to the point of origin at the Carrier’s cost except if the overages were duly noted on the xxxx of lading and signed for. For vendors where the Carrier is only required to count and sign for number of pieces, the Carrier shall not be responsible for returning the excess cases to the point of origin. (h) Carrier shall be responsible to determine the exact count of the Commodities at the time point of deliveryorigin of the shipment when picking up Commodities from the vendors listed in Schedule D. (i) For shipments originating from the abovementioned vendors, Carrier agrees that each and every shipment of Commodities shall require a driver count and shipper load, and not a shipper load and count. Carrier shall deliver freight in full quantity as per the Xxxx of Lading and shall not allow deliver partial shipment unless prior authorization is received from SPS. In the event of shortages, a warehouse count shall be made in order to verify the findings of the consignee as per the Proof of Delivery. If the warehouse count confirms that the shortage was caused by shipping error at origin, the Carrier shall not be liable for such shortage. If the warehouse count confirms that shipment count at origin was accurate, the parties agree that it shall be presumed that Carrier lost products entrusted in its care. In the event that the Commodities are subsequently found, Carrier shall be responsible for their return and for the payment of return freight charges. For all other vendors, Carrier shall count the number of pieces and note the piece count on the Xxxx of Lading. e. The time limits for filing (j) In the event that the vendor substitutes Commodities within a shipment, the consignee may refuse the substituted Commodities if the consignee does not carry such Commodities. Carrier shall return substituted Commodities to vendor at vendor’s expense. However, when the Carrier is only required to count pieces, the Carrier shall not be required to return substituted Commodities to the vendor. (k) Carrier shall not, at any time, deliver freight in excess of loss the quantity specified on the Xxxx of Lading. Carrier shall verify and damage claims, and identify all overages with the time limits for filing any action at law for disallowance of claims, shall be governed by the provisions contained in 49 USC Section 14706Shipper.