Loss and Damage Claims. Carrier shall provide Contractor with a written explanation and itemization of any deductions for cargo or property damage to be taken from Contractor’s compensation. Contractor’s liability for loss or damage to cargo transported on behalf of Carrier is limited to $ per incident where it is determined through investigation that such loss or damage is due to the act or negligence of Contractor or its employees. Contractor will be provided a reasonable opportunity to present to Carrier any documentation or other evidence demonstrating that the loss or damage was not due to Contractor’s act or omission or that of its employees. Except in the case of concealed loss or damage where the consignee did not have a reasonable opportunity to inspect the goods upon delivery, the presentation of a signed, clear delivery receipt will be considered adequate to establish, without more, that Contractor was not responsible for the loss or damage. In no event will any deduction for alleged cargo loss or damage be made against the Contractor’s compensation until all documentation supporting the claim has been provided by the Carrier, and Contractor has been given a reasonable opportunity to respond.
Loss and Damage Claims a) CRGH shall not accept liability for any damages or costs whatsoever arising, either directly or indirectly, from products sold by Stallholders.
b) CRGH shall not accept liability for any injury, loss or damage whatsoever occasioned to, or suffered by, the Stallholder, their relief assistant and/or staff as a result of the use and occupation of the site in connection with any activity carried on at the site.
c) Stallholders, by signing this Agreement, shall indemnify CRGH in relation to all claims for damages or costs whatsoever arising from the provision to them of a site, or the sale by them of any product at that site, whether by the Stallholder or any person representing the stallholder or their product.
d) In the event of any action involving a Stallholder, their staff or their product, to which CRGH is joined as a party to the dispute and/or litigation, the CRGH and/or its insurers shall pursue the Stallholder issuing such litigation or dispute recovery process to recover all costs and expenses incurred by CRGH.
Loss and Damage Claims. Carrier shall comply with 49 C.F.R. §370.1 et seq. and any amendments and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims. Notwithstanding the terms of 49 CFR 370.9, Carrier shall pay, decline or make settlement offers in writing on all cargo loss or damage claims within 30 days of receipt of the claim. Failure of Carrier to pay, decline or offer settlement within this 30 day period shall be deemed an admission by the Carrier of full liability for the amount claimed and a material breach of this Agreement.
Loss and Damage Claims. Claims for loss or damage to cargo shall be handled between COMPANY and customer. OVERNITE shall have no liability for loss and damage to cargo absent any negligence or willful misconduct on the part of OVERNITE. In such cases, OVERNITE liability for cargo shall be for actual value not to exceed 10 cents per pound. Any loss or damage claim must be presented to OVERNITE within 3 months of delivery of the container or in the case of non-delivery, 3 months from the date the container should have delivered.
Loss and Damage Claims. (i) Except as otherwise expressly provided herein, Carrier shall comply with 49 C.F.R. § 370, et seq. and any amendments and/or any other applicable regulations adopted by the FMCSA or any applicable state or federal regulatory agency, for processing all loss and damage claims; and
(ii) Carrier’s liability for any cargo damage, loss, or theft from any cause shall be determined under the Xxxxxxx Xxxxxxxxx, 00 X.X.X. § 00000; and
(iii) Notwithstanding anything to the contrary contained herein, Carrier agrees that during any cargo loss or damage situation, the Sender and Receiver, as applicable, will have the right, in its sole discretion, to determine whether to repair, repackage, salvage or scrap damaged freight. To the extent the Sender and Receiver disallows salvage Carrier hereby waives any claim it has to salvage; and
(iv) Freight claims shall be filed in writing by a Sender and Receiver with Carrier within nine (9) months from the date of delivery of a Shipment, or, in the case of nondelivery, within nine (9) months from the date the Shipment should have been delivered. All freight claims shall be paid, declined or resolved within sixty (60) days of the date received by Carrier. Failure of Carrier to pay, decline or offer settlement within this sixty (60) day period shall be deemed an admission by Carrier of full liability for the amount claimed and a material breach of this Agreement. Carrier shall provide Onward and the Sender and Receiver with written acknowledgment of the freight claim within fifteen (15) days of the receipt of the claim; and
(v) Carrier’s liability hereunder is not limited and may not be limited by any provision purporting to limit Carrier’s liability including, without limitation, any such provision contained in a xxxx of lading, tariff, schedule, service guide or similar document issued by or on behalf of Carrier; and
(vi) Notwithstanding anything to the contrary contained in this Agreement, regardless of whether Carrier timely pays, declines, or makes settlement of any loss or damage claim, Carrier acknowledges and agrees that Onward shall have (1) the absolute right to set off from any amount otherwise due Carrier under this Agreement to satisfy claims or shortages arising out of this Agreement and (2) the right to automatically deduct from Carrier’s settlement the amount of the claim at any time; and
(vii) Senders and Receivers shall be a third party beneficiary of this section of the Agreement and entitled to enforce the car...
Loss and Damage Claims. (a) For Shipments Originating in the U.S. for Delivery in Canada Under a “Through” Bill of Lading:
(1) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall: (a) pay the full, or a mutually acceptable compromised amount, or deny any freight loss and damage claims within ninety (90) days from date of receipt of claim from BROKER; (b) be conclusively presumed liable for such claims if no payment, compromise, or denial is received within the ninety (90) day period; (c) exercise its best efforts to effect salvage; and
(2) CARRIER’s liability for any freight damage, loss, or theft from any cause (regardless of the type of operating authority it has) shall be determined under the Xxxxxxx Amendment, 49 USC 14706. BROKER’s responsibility shall be limited to arranging for, but not actually performing, transportation of a shipper’s freight; and
Loss and Damage Claims. Ingram shall be responsible for filing and administering freight loss and damage claims for all Outbound Order shipments shipped pre-paid; provided that, SmartDisk submits such claims to Ingram within sixty (60) days following the shipment date. SmartDisk will assist Ingram and ensure that its Customers assist Ingram in the filing of claims for loss and damage incurred in shipment.
Loss and Damage Claims. Carrier shall comply with 49 C.F.R. §370.1 et seq. and any amendments and/or any other applicable regulations adopted by the FMCSA, for processing all loss and damage claims, which arise out of the discharge of Carrier’s duties and responsibilities
Loss and Damage Claims. SESLHD shall not be liable for any damages or costs whatsoever arising, either directly or indirectly, from products sold by stallholders.
Loss and Damage Claims. The provisions contained in 49 C.F.R. Part 370 shall govern the processing of claims for loss, damage, injury, or delay to property and the processing of salvage. BROKER shall promptly investigate and attempt in good faith to resolve all such claims whether submitted initially to H&N or directly to BROKER by the injured party.
