Common use of LOSS & DAMAGE CLAIMS Clause in Contracts

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. (i) CARRIER shall comply with 49 C.F.R. §370.1 et seq. and any amendments and/or any other applicable otherapplicable 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 andsalvageand (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 CARRIER’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub 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 Subp. (ii) aboveii)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. (v) Notwithstanding the terms of 49 CFR 370.9,CARRIER 370.9, CARRIER shall pay, decline 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 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: 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 th terms of 49 CFR 370.9,CARRIER 370.9, CARRIER shall pay, decline or make settlement offer in writing on all cargo loss or damage damaged claims within 30 15 days of receipt of the claim. Failure of CARRIER to pay, decline or offer settlement within witin this 30 15 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 $100,000 100,000.00 unless CARRIER is notified by BROKER or Shipper of the increased value 30 two (2) days prior to shipment pick up.

LOSS & DAMAGE CLAIMS. i. (i) CARRIER shall comply with 49 C.F.R. §370.1 et seq. and any amendments and/or any other applicable otherapplicable 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 andsalvageand (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 CARRIER’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub 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 Subp. (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. (v) Notwithstanding the terms of 49 CFR 370.9,CARRIER 370.9, CARRIER shall pay, decline 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 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: 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 60 days of receipt of the claim. Failure of CARRIER to pay, decline or offer settlement within this 30 60 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.C