Common use of Loss and Damage Claims Clause in Contracts

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. 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 $ $1000.00 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 complete 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.