Common use of Notification of Damages Clause in Contracts

Notification of Damages. If a shipment arrives with visible or obvious damage or loss of cargo, the customer must notify us promptly (in no event later than the time limit established in the applicable Intermodal Circular) in writing advising us of the nature and extent of the loss or damage. Prompt notification is required to enable us to comply with its underlying agreements with the transportation providers, to allow the removal of damaged trailers and containers from further use until repairs can be made, and to permit us and the transportation providers to inspect the shipment. The transportation providers may consider you to have waived and released the claim if there is a failure to provide this prompt notification. The customer will (or will cause its consignee to) preserve and make available to our or the transportation provider’s inspectors all damaged cargo, all cargo received in good condition and all packaging, blocking, bracing and security devices to assist the inspectors in determining the cause of the damage or loss. Failure to inspect damaged cargo for whatever reason will not change the burden of proof or your obligation to mitigate damages nor will it be considered an admission of liability by the Company or the transportation provider. During normal business hours, please call our freight claims services department to advise of the loss, damage, shortage or other exceptions at 800-837-7584. After normal business hours, you should call your customer solutions team at 000-000-0000, press #4, or dial your customer solutions team’s toll free number direct. You may also select ext. 23498 to reach the evening manager. You may also notify us by e-mail at xxxxxx@xxx.xxx.

Notification of Damages. ‌ If a shipment arrives with visible or obvious damage or loss of cargo, the customer must notify us promptly (in no event later than the time limit established in the applicable Intermodal Circular) in writing advising us of the nature and extent of the loss or damage. Prompt notification is required to enable us to comply with its underlying agreements with the transportation providers, to allow the removal of damaged trailers and containers from further use until repairs can be made, and to permit us and the transportation providers to inspect the shipment. The transportation providers may consider you to have waived and released the claim if there is a failure to provide this prompt notification. The customer will (or will cause its consignee to) preserve and make available to our or the transportation provider’s inspectors all damaged cargo, all cargo received in good condition and all packaging, blocking, bracing and security devices to assist the inspectors in determining the cause of the damage or loss. Failure to inspect damaged cargo for whatever reason will not change the burden of proof or your obligation to mitigate damages nor will it be considered an admission of liability by the Company or the transportation provider. During normal business hours, please call our freight claims services department to advise of the loss, damage, shortage or other exceptions at 800-837-7584. After normal business hours, you should call your customer solutions team at 000-000-0000, press #4, or dial your customer solutions team’s toll free number direct. You may also select ext. 23498 to reach the evening manager. You may also notify us by e-mail at xxxxxx@xxx.xxx.