Common use of Liability for loss or damage Clause in Contracts

Liability for loss or damage. Subcontractors transporting the Goods as surface carriers in the United States or from the United States to Canada shall be required by Xxxxxx Logistics to assume liability as a common carrier (i.e. Xxxxxxx Amendment liability) for loss, damage, or destruction to any and all of Customer's Goods while under the Subcontractor’s care, custody or control. Subcontractors transporting the Goods as surface carriers outside the United States shall be required by Xxxxxx Logistics to assume liability for loss in accordance with the laws governing such service. Notwithstanding the Subcontractor’s liability, Xxxxxx Logistics shall be liable for any loss or damage to the Goods if such loss or damage is caused solely by the negligent acts or omissions of Xxxxxx Logistics. Xxxxxx Logistics agrees to assist Customer in resolving all cargo claims with the Subcontractors, and to keep Customer advised of the status of all such claims. Upon request by Customer, Xxxxxx Logistics shall assign its right against the Subcontractors to Customer. Customer understands and agrees that the liability of Xxxxxx Logistics and the Subcontractors for any loss or damage to the Goods will not exceed (i) $500 per container load for the Goods involved, less any salvage value, or (ii) One Hundred Thousand Dollars ($100,000) per occurrence, whichever is less. In addition, neither Xxxxxx Logistics nor the Subcontractors shall be liable to Customer for any economic loss or consequential damages to Customer beyond actual loss or damage to the Goods. Customer agrees not to deduct or offset any cargo loss or damage claim from the charges owed to Xxxxxx Logistics under this Appendix.

Liability for loss or damage. Subcontractors transporting the Goods as surface carriers in the United States or from the United States to Canada shall be required by Xxxxxx Logistics MGDS to assume liability as a common carrier (i.e. Xxxxxxx Amendment liability) for loss, damage, or destruction to any and all of Customer's Goods while under the Subcontractor’s care, custody or control. Subcontractors transporting the Goods as surface carriers outside the United States shall be required by Xxxxxx Logistics MGDS to assume liability for loss in accordance with the laws governing such service. Notwithstanding the Subcontractor’s liability, Xxxxxx Logistics MGDS shall be liable for any loss or damage to the Goods if such loss or damage is caused solely by the negligent acts or omissions of Xxxxxx LogisticsMGDS. Xxxxxx Logistics MGDS agrees to assist Customer in resolving all cargo claims with the Subcontractors, and to keep Customer advised of the status of all such claims. Upon request by Customer, Xxxxxx Logistics MGDS shall assign its right against the Subcontractors to Customer. Customer understands and agrees that the liability of Xxxxxx Logistics MGDS and the Subcontractors for any loss or damage to the Goods will not exceed (i) $500 per container load for the Goods involved, less any salvage value, or (ii) One Hundred Thousand Dollars ($100,000) per occurrence, whichever is less. In addition, neither Xxxxxx Logistics MGDS nor the Subcontractors shall be liable to Customer for any economic loss or consequential damages to Customer beyond actual loss or damage to the Goods. Customer agrees not to deduct or offset any cargo loss or damage claim from the charges owed to Xxxxxx Logistics MGDS under this Appendix.

Liability for loss or damage. Subcontractors transporting the Goods as surface carriers in the United States of America or from the United States of America to Canada shall be required by Xxxxxx Logistics Axis to assume liability as a common carrier (i.e. Xxxxxxx Amendment liability) for loss, damage, or destruction to any and all of Customer's Goods while under the Subcontractor’s care, custody or control. Subcontractors transporting the Goods as surface carriers outside the United States shall be required by Xxxxxx Logistics Axis to assume liability for loss in accordance with the laws governing such service. Notwithstanding the Subcontractor’s liability, Xxxxxx Logistics Axis shall be liable for any loss or damage to the Goods if such loss or damage is caused solely by the negligent acts or omissions of Xxxxxx LogisticsAxis. Xxxxxx Logistics Axis agrees to assist Customer in resolving all cargo claims with the Subcontractors, and to keep Customer advised of the status of all such claims. Upon request by Customer, Xxxxxx Logistics Axis shall assign its right against the Subcontractors to Customer. Customer understands and agrees that the liability of Xxxxxx Logistics Axis and the Subcontractors for any loss or damage to the Goods will not exceed (i) $500 per container load for the Goods involved, less any salvage value, or (ii) One Hundred Thousand Dollars ($100,000) per occurrence, whichever is less. In addition, neither Xxxxxx Logistics Axis nor the Subcontractors shall be liable to Customer for any economic loss or consequential damages to Customer beyond actual loss or damage to the Goods. Customer agrees not to deduct or offset any cargo loss or damage claim from the charges owed to Xxxxxx Logistics Axis under this AppendixExhibit.