Common use of Liability Claims Clause in Contracts

Liability Claims. 4.1 Xxxxxx Logistics is not a carrier or freight forwarder and has no liability for loss or damage to the cargo or Units. Under no circumstances shall Xxxxxx Logistics be liable for (i) cargo loss or damage or other claims related to the cargo or Units, (ii) any claim arising from the negligent or willful acts of Customer, the consignee, the underlying shipper, or the underlying carriers, or their respective employees, agents or contractors, or (iii) any claim for lost profits or any other incidental, consequential or punitive damages. 4.2 Unless otherwise agreed to in a written agreement between Customer and Xxxxxx Logistics entered into prior to the date of the loss, neither Xxxxxx Logistics nor the Insurance Company shall be liable for, or required to accept, administer or present, any damage claim arising out of the Services unless: (i) notice of a potential claim is given to Xxxxxx Logistics with respect to visible or obvious damage at the time of the discovery of the damage, and in no event later than one (1) business day after such discovery, and with respect to concealed damage, no later than five (5) business days after delivery, and (ii) a detailed claim is presented to Xxxxxx Logistics in writing within eight (8) months of the delivery date (or intended delivery date) for the Services. After eight (8) months, Xxxxxx Logistics shall assign claim rights to Customer so that Customer may directly pursue claim with underlying carrier(s) and/or equipment provider(s). In instances where Customer alleges cargo damage caused by a defect in the equipment, Xxxxxx Logistics will file a formal claim for damage on behalf of the Customer against the underlying equipment provider. However, if Customer does not notify Xxxxxx Logistics within twenty four (24) hours from the time of its discovery of the alleged damage or give Matson Logistics an opportunity to arrange for an immediate in- container survey on behalf of Matson Logistics, then the underlying equipment provider shall have no liability for such damage and Matson Logistics will not present the claim for resolution. 4.3 Customer agrees to defend, indemnify and hold harmless Xxxxxx Logistics, its employees and agents, from and against any and all losses, claims, damages and liabilities, costs, expenses and fees, including attorney’s fees, however caused or arising out of, or in connection with (i) the negligence or intentional acts or omission of the Customer, consignee, or underlying shipper, where applicable, or (ii) any breach of this Agreement by Customer.

Liability Claims. 4.1 Xxxxxx Matson Logistics is not a carrier or freight forwarder and has no liability for loss or damage to the cargo or Units. Under no circumstances shall Xxxxxx Matson Logistics be liable for (i) cargo loss or damage or other claims related to the cargo or Units, (ii) any claim arising from the negligent or willful acts of Customer, the consignee, the underlying shipper, or the underlying carriers, or their respective employees, agents or contractors, or (iii) any claim for lost profits or any other incidental, consequential or punitive damages. 4.2 Unless otherwise agreed to in a written agreement between Customer and Xxxxxx Matson Logistics entered into prior to the date of the loss, neither Xxxxxx Matson Logistics nor the Insurance Company shall be liable for, or required to accept, administer or present, any damage claim arising out of the Services unless: (i) notice of a potential claim is given to Xxxxxx Matson Logistics with respect to visible or obvious damage at the time of the discovery of the damage, and in no event later than one (1) business day after such discovery, and with respect to concealed damage, no later than five (5) business days after delivery, and (ii) a detailed claim is presented to Xxxxxx Matson Logistics in writing within eight (8) months of the delivery date (or intended delivery date) for the Services. After eight (8) months, Xxxxxx Matson Logistics shall assign claim rights to Customer so that Customer may directly pursue claim with underlying carrier(s) and/or equipment provider(s). In instances where Customer alleges cargo damage caused by a defect in the equipment, Xxxxxx Matson Logistics will file a formal claim for damage on behalf of the Customer against the underlying equipment provider. However, if Customer does not notify Xxxxxx Matson Logistics within twenty four (24) hours from the time of its discovery of the alleged damage or give Matson Logistics an opportunity to arrange for an immediate in- container survey on behalf of Matson Logistics, then the underlying equipment provider shall have no liability for such damage and Matson Logistics will not present the claim for resolution. 4.3 Customer agrees to defend, indemnify and hold harmless Xxxxxx Matson Logistics, its employees and agents, from and against any and all losses, claims, damages and liabilities, costs, expenses and fees, including attorney’s fees, however caused or arising out of, or in connection with (i) the negligence or intentional acts or omission of the Customer, consignee, or underlying shipper, where applicable, or (ii) any breach of this Agreement by Customer.

Liability Claims. 4.1 Xxxxxx Logistics is not a carrier or freight forwarder and has no liability for loss or damage to the cargo or Units. Under no circumstances shall Xxxxxx Logistics be liable for (i) cargo loss or damage or other claims related to the cargo or Units, (ii) any claim arising from the negligent or willful acts of Customer, the consignee, the underlying shipper, or the underlying carriers, or their respective employees, agents or contractors, or (iii) any claim for lost profits or any other incidental, consequential or punitive damages. 4.2 Unless otherwise agreed to in a written agreement between Customer and Xxxxxx Logistics entered into prior to the date of the loss, neither Xxxxxx Logistics nor the Insurance Company shall be liable for, or required to accept, administer or present, any damage claim arising out of the Services unless: (i) notice of a potential claim is given to Xxxxxx Logistics with respect to visible or obvious damage at the time of the discovery of the damage, and in no event later than one (1) business day after such discovery, and with respect to concealed damage, no later than five (5) business days after delivery, and (ii) a detailed claim is presented to Xxxxxx Logistics in writing within eight (8) months of the delivery date (or intended delivery date) for the Services. After eight (8) months, Xxxxxx Logistics shall assign claim rights to Customer so that Customer may directly pursue claim with underlying carrier(s) and/or equipment provider(s). In instances where Customer alleges cargo damage caused by a defect in the equipment, Xxxxxx Logistics will file a formal claim for damage on behalf of the Customer against the underlying equipment provider. However, if Customer does not notify Xxxxxx Logistics within twenty four (24) hours from the time of its discovery of the alleged damage or give Matson Xxxxxx Logistics an opportunity to arrange for an immediate in- container survey on behalf of Matson Logistics, then the underlying equipment provider shall have no liability for such damage and Matson Logistics will not present the claim for resolution. 4.3 Customer agrees to defend, indemnify and hold harmless Xxxxxx Logistics, its employees and agents, from and against any and all losses, claims, damages and liabilities, costs, expenses and fees, including attorney’s fees, however caused or arising out of, or in connection with (i) the negligence or intentional acts or omission of the Customer, consignee, or underlying shipper, where applicable, or (ii) any breach of this Agreement by Customer.