LIABILITY FOR GOODS. 3.1. The goods to be delivered remain at the supplier’s risk until the consumer has received delivery of them.
LIABILITY FOR GOODS. 7.8.1 The parties agree that DAC's care, custody, and control ("Care, Custody, and Control") over Goods shall commence when DAC takes possession of such Goods at the DAC facilities and continue until DAC has delivered such Goods to a common carrier approved by TOSHIBA and such approved carrier takes possession of and verifies in writing that it has received such Goods. DAC will not tender Goods valued in excess of $5,000,000 on any one conveyance without prior notification and written approval by TOSHIBA Risk Management.
LIABILITY FOR GOODS. Carrier shall have the sole and exclusive care, custody and control of the cargo tendered hereunder from the time it is delivered to Carrier for transportation until delivery to the consignee accompanied by the appropriate receipts. Carrier shall notify Broker immediately in the event any such cargo is lost (including stolen), damaged or destroyed, or in the event Carrier becomes aware that applicable delivery schedules will not be met. Notwithstanding that Carrier may have or hold an authorization or permit to operate as a contract carrier, Xxxxxxx hereby agrees to assume the liability of a common carrier for full actual loss or damage to goods transported hereunder. Xxxxxxx acknowledges that, with respect to all matters relating to loss, damage or delay claims, Carrier is directly liable to the consignor, consignee or owner of the Goods, or Broker acting on their behalf. Liability for Goods transported hereunder shall exist from the time of the receipt of the Goods by Carrier until proper delivery has been made in accordance with this Agreement. Liability shall be for the full destination retail value of the lost or damaged goods and all freight charges thereto. Xxxxxxx shall return all damaged Goods at its expense to the point of origin or, with Xxxxxxx's consent, to other points as instructed by Xxxxxx for the purpose of inspection and mitigation of damages at a mutually agreeable charge. For transportation within the United States, the parties agree that the provisions of 49 U.S.C. §14706 (“Xxxxxxx Amendment”) and 49 CFR Part 370 (claim regulations) shall be applicable, including the limitations on defenses contained therein; provided, however, that in no event may Carrier salvage or dispose of any damaged or refused Goods without the prior written consent of Broker or owner of such Goods. Broker will provide their Customers disposition instructions within sixty (60) days from notification to Broker by Carrier of damage or refusal of Goods. Exclusions from coverage contained in Carrier's Cargo Insurance as required herein shall not affect Carrier's liability for freight loss, damage, or delay.
