Loss or Physical Damage Claims Sample Clauses

Loss or Physical Damage Claims. Subject to the limitations set forth herein and as provided by applicable law, FORWARD AIR agrees to pay for loss or physical damage to the Shipments described on the Waybill which may be caused by its negligent or willful conduct. For Shipments with declared values, FORWARD AIR's liability for shortage or damage shall be prorated by weight when part of a Shipment is lost or damaged. Otherwise, FORWARD AIR's liability shall be determined and limited by the terms set forth in item 4.B hereof. All claims must be filed in a specified dollar amount within nine (9) months of recovery at destination or shall be forever barred. For purposes of clarification, the filing of a notice of intention to file claim, bad order reports, damage inspection reports, dated pictures, emails reporting damage, or any other notice of shortage and/or damage does not stay or extend the above-referenced 9-month claim period. Claims will be presented and adjusted in accordance with the guidelines established by the Interstate Commerce Commission and successor agencies and set forth in 49 C.F.R. § 370. Customer understands and agrees that the rates do not include insurance or other compensation for loss other than as expressly provided herein and limited hereby. Shortages and/or damage must be noted on our Waybill or Electronic Recovery Device by Consignee or Consignee's agent at the time of delivery. Notice of intent to file a claim for concealed damage must be filed in writing with FORWARD AIR within fifteen (15) days after delivery. Neither a notation of damages on the delivery receipt nor a notice of intent to file a claim serves as a request for an inspection. If damage to contents is verified, FORWARD AIR’s Cargo Claims Department must be notified and a request for inspection made within 15 days after delivery. Damaged product, the related containers, and all packaging materials must be retained and made available for inspection. The actual claim, whether for loss, apparent damage, or concealed damage, must be filed in writing with FORWARD AIR within nine (9) months after delivery, and the claim must include the following as a minimum for support: ● FORWARD AIR’s Waybill number; ● The names and addresses of Customer and Consignee; ● A description of the property; and ● A copy of the original invoice for the property lost or damaged. Receipt of the Shipment by Consignee or Consignee's agent without notation of shortage, loss, or damage will be prima facie evidence that the Shipmen...
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Related to Loss or Physical Damage Claims

  • Loss or Damage The District and its agents and authorized representatives shall not in any way or manner be answerable or suffer loss, damage, expense, or liability for any loss or damage that may happen to the Work, or any part thereof, or in or about the same during its construction and before acceptance, and the Contractor shall assume all liabilities of every kind or nature arising from the Work, either by accident, negligence, theft, vandalism, or any cause whatsoever; and shall hold the District and its agents and authorized representatives harmless from all liability of every kind and nature arising from accident, negligence, or any cause whatsoever.

  • Physical Damage Insurance The Servicer shall, in accordance with its customary servicing procedures, require that each Obligor shall have obtained physical damage insurance covering the Financed Equipment as of the execution of the Receivable.

  • Risk of Loss or Damage The Lessee assumes all risk of loss or damage to the Equipment from any cause and agrees to return it to the Lessor in the condition received, with the exception of wear and tear, unless otherwise provided in this Agreement.

  • Claims for Consequential Damages The Owner retains its right to claim for consequential damages in the event the Design Professional fails to perform under this Contract.

  • Indemnity Consequential Damages and Insurance 18.1 Indemnity 18.1.1 Indemnified Party 18.1.2 Indemnifying Party 18.1.3 Indemnity Procedures 18.2 Consequential Damages 18.3 Insurance 18.3.1 18.3.2 18.3.3 18.3.4 18.3.5 18.3.6 18.3.7 18.3.8 18.3.9 18.3.10 18.3.11

  • Minor Damage In the event that a Property is damaged or destroyed by fire or other casualty prior to the Closing, and the cost of Repairs is equal to or less than ten percent (10%) of the Purchase Price for such Property, then this transaction shall be closed in accordance with Section 11.3, notwithstanding such casualty. In such event, applicable Seller may at its election endeavor to make such Repairs to the extent of any recovery from insurance carried on the Property, if such Repairs can be reasonably effected before the Closing. Regardless of applicable Seller’s election to commence such Repairs, or applicable Seller’s ability to complete such Repairs prior to Closing, this transaction shall be closed in accordance with Section 11.3 below.

  • Personal Property Damage Upon submission of reasonable proof the Employer shall repair or indemnify with respect to damage to the chattels of an employee while on duty caused by the actions of a patient, resident or client provided such personal property is an article of use or wear of a type suitable for use while on duty.

  • General Liability and Property Damage With respect to all operations performed under this Agreement, the Party shall carry general liability insurance having all major divisions of coverage including, but not limited to:

  • Property Damage Lessee shall obtain and maintain insurance coverage on all of Lessee's personal property, Trade Fixtures, and Lessee Owned Alterations and Utility Installations. Such insurance shall be full replacement cost coverage with a deductible of not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Lessee for the replacement of personal property, Trade Fixtures and Lessee Owned Alterations and Utility Installations. Lessee shall provide Lessor with written evidence that such insurance is in force.

  • Damage to Property Of Others 1. We will pay, at replacement cost, up to $1,000 per "occurrence" for "property damage" to property of others caused by an "insured". 2. We will not pay for "property damage": a. To the extent of any amount recoverable under Section I;

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