LOSS & DAMAGE CLAIMS i. CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to 49 C.F.R. §370.1 et seq., and any amendments thereto; and
ii. CARRIER shall cooperate with BROKER in the investigation of any claim for cargo loss, damage, delay, or destruction; and
iii. CARRIER's liability for freight loss or damage from any cause shall be for the full actual value of the lost, damaged, or delayed freight without limitation and not subject to any lesser “released value” under 49 U.S.C. §14706, the “Xxxxxxx Amendment;” and
iv. CARRIER's liability for freight loss and damage claims shall include legal fees and costs incurred by BROKER, either in defense or prosecution of the same; and
v. Neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss, the approximate financial amount of such loss, and an agreement to assume such responsibility has been made in writing; and
vi. Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make a settlement offer in writing on all cargo loss or damage claims within sixty (60) days of receipt of the claim. CARRIER’s failure to pay, decline or offer settlement within this period shall be deemed an admission by CARRIER of full liability for the amount claimed, and a material breach of this Agreement. BROKER shall be authorized to set- off valid, uncontested cargo loss and damage claims against amounts BROKER owes CARRIER pursuant to this Agreement; and
vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant for the kind and quantity of commodities so lost, delayed, damaged or destroyed. Payments by CARRIER to BROKER shall be paid and received for the account of the legal claimant, and shall be made within sixty (60) days following CARRIER’s receipt of the claim statement and supporting documentation; and
viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delay.
LOSS & DAMAGE CLAIMS i. 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 and salvage and
ii. CARRIER’s liability for any cargo damage, loss, or theft from any cause shall be determined under the Xxxxxxx Amendment, 49 U.S.C. §14706; and
iii. Special Damages: CARRIERs indemnification liability (Par 1.H) for freight loss and damage claims under this sub par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and which shall not be limited by any liability of CARRIER under sub par (ii) above.
iv. Except as provided in Par 1.E above, neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss and its approximate financial amount, and agreement to assume such responsibility in writing.
v. Notwithstanding the terms of 49 CFR 370.9,CARRIER shall pay, decline or make settlement offer 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 admission by CARRIER of full liability for the amount claimed and a material breach of this Agreement.
vi. CARRIER’s liability for cargo damage, loss, or theft from any cause for any one shipment, under sub par b) above, shall not exceed $100,000 unless CARRIER is notified by BROKER or Shipper of the increased value 30 days prior to shipment pick up.
LOSS & DAMAGE CLAIMS i. 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 and salvage and
ii. CARRIER’s liability for any cargo damage, loss, or theft from any cause shall be determined under the Xxxxxxx Amendment, 49 U.S.C. §14706; and
iii. Special Damages: CARRIER’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and which shall not be limited by any liability of CARRIER under Subpart (ii) above
iv. Except as provided in Par 1.E above, neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss and its approximate financial amount, and agreement to assume such responsibility in writing.
v. Notwithstanding the terms of 49 CFR 370.9,CARRIER shall pay, decline or make settlement offer in writing on all cargo loss or damage claims within thirty (30) days of receipt of the claim. Failure of CARRIER to pay, decline or offer settlement within this thirty (30) day period shall be deemed admission by CARRIER of full liability for the amount claimed and a material breach of this Agreement.
vi. CARRIER’s liability for cargo damage, loss, or theft from any cause for any one shipment, under Subpart ii above shall not exceed one-hundred thousand ($100,000) unless CARRIER is notified by BROKER or Shipper of the increased value one (1) day prior to shipment pick up. (000) 000-0000
LOSS & DAMAGE CLAIMS i. 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, U.S. DOT, or any applicable state regulatory agency, for processing all loss and damage claims and salvage, provided however, that Carrier shall have no right to determine whether goods may be disposed of or salvaged; and
ii. Except to the extent inconsistent with the express terms of this agreement, Xxxxxxx agrees recoverable damages for any cargo damage, loss, or theft from any cause shall be determined under the Xxxxxxx Amendment, 49 USC § 14706, including any commodities exempt from the Xxxxxxx Amendment. The shipper or cargo owner will determine whether to repair, repackage, salvage, or scrap the damaged cargo. To the extent that the shipper or cargo owner disallows salvage, Xxxxxxx waives any claim to salvage value. Xxxxxxx understands and agrees that the amount and extent of damage may be the full invoice price charged by the shipper/cargo owner to its customers for the kind and quality of the cargo lost, damaged, or stolen, including taxes, fees, and other charges, as determined in the sole discretion of the shipper or cargo owner; Xxxxxxx agrees that such damages shall be the minimum recoverable damages, as determined in the sole discretion of the shipper or cargo owner.
LOSS & DAMAGE CLAIMS. (i.) 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 and salvage; and
LOSS & DAMAGE CLAIMS. A. 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 federal, or state regulatory agency, for processing all loss and damage claims and salvage
B. CARRIER liability for any cargo damage, loss or theft from any cause shall be determined under the Xxxxxxx Amendment 49 USC 14706 as governing shipments according to its terms,
C. Special Damages: CARRIER indemnification liability (Par 1.G) for freight loss and damage claims shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and which shall not be limited by any liability of CARRIER under sub part (B) above.
D. Resolution of Claims: Notwithstanding the terms of 49 C.F.R 370.9, CARRIER shall pay, decline or make settlement offer in writing on all cargo loss or damage claims within 60 days of receipt of the claim. Failure of CARRIER to pay, decline or offer settlement within this 60 day period shall be deemed admission by CARRIER of full liability for the amount claimed and a material breach of this Agreement.
LOSS & DAMAGE CLAIMS i. 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,
ii. CARRIER liability for any cargo damage, loss or theft from any cause shall be determined under the Xxxxxxx Amendment 49 USC 14706 as governing shipments according to its terms, and in respect of shipments originating in Canada under the uniform xxxx of lading in effect in the province of Canada where the carrier issues a xxxx of lading. It is agreed that in respect of shipments from a Canadian origin that the BROKER on behalf of the SHIPPER is deemed to have declared the full value of the shipment for the carriage on the xxxx of lading, and in this regard the CARRIER shall have full liability for cargo damage, loss or theft and CARRIER waives the provisions of clauses 9 and 10 of the uniform xxxx of lading in effect in the province of origin.
LOSS & DAMAGE CLAIMS i. 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 federal, state or provincial regulatory agency, for processing all loss and damage claims and salvage and
ii. CARRIER liability for any cargo damage, loss or theft from any cause shall be determined under the Xxxxxxx Amendment 49 USC 14706 as governing shipments according to its terms, and in respect of shipments originating in Canada under the uniform bill of lading in effect in the province of Canada where the carrier issues a bill of lading. It is agreed that in respect of shipments from a Canadian origin that the BROKER on behalf of the SHIPPER is deemed to have declared the full value of the shipment for the carriage on the bill of lading, and in this regard the CARRIER shall have full liability for cargo damage, loss or theft and CARRIER waives the provisions of clauses 9 and 10 of the uniform bill of lading in effect in the province of origin.
LOSS & DAMAGE CLAIMS. (i) 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 and salvage and
(ii) CARRIER’s liability for any cargo damage, loss, or theft from any cause shall be determined under the Xxxxxxx Amendment, 49 U.S.C. §14706; and
(iii) Special Damages: CARRIER’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub par C
LOSS & DAMAGE CLAIMS. (i) 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 and salvage and (ii) CARRIER’s liability for any cargo damage, loss, or theft from any cause shall be determined under the Xxxxxxx Amendment, 49 U.S.C. §14706; and (iii) Special Damages: CARRIER’s indemnification liability (Par 1.H) for freight loss and damage claims under this (sub par C) (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and which shall not be limited by any liability of CARRIER under Subp. (ii) above.
