Common use of Ocean Shipments Clause in Contracts

Ocean Shipments. In consideration of the service level and/or rates offered for any shipments tendered for transport by ocean or water, in whole or in part, without regard to whether such shipment actually moves by ocean, rail or motor carrier, Shipper agrees that Superior shall only be liable for damage, loss, or delay resulting from its negligence or fault and that its liability is limited to the least of the following:  The value of the goods actually damaged, lost, or delayed;  U.S. $500.00 per package (A “package” shall constitute the entire intermodal shipping container or trailer where the shipment is tendered as a complete container or is transported under a rate for the exclusive use of a container). Where the shipment is tendered as less than an intermodal shipping container or trailer in volume and weight and is consolidated with other shipments into an intermodal shipping container or trailer, Superior's maximum liability shall be U.S. $500.00 for the entire container, or;  In the case of a declared value, the declared value of the goods actually damaged, lost, or delayed.  To the extent not inconsistent with this provision, all other requirements and terms of the Carriage of Goods by Sea Act (“COGSA”) shall apply to the liability of Superior for Ocean Shipments hereunder.

Appears in 3 contracts

Samples: Terms and Conditions – Agreement, Terms and Conditions – Agreement, Terms and Conditions – Agreement

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Ocean Shipments. In consideration of the service level and/or rates offered for any shipments tendered for transport by ocean or water, in whole or in part, without regard to whether such shipment actually moves by ocean, rail or motor carrier, Shipper agrees that Superior shall only be liable for damage, loss, or delay resulting from its negligence or fault and that its liability is limited to the least of the following: The value of the goods actually damaged, lost, or delayed; U.S. $500.00 per package (A “package” shall constitute the entire intermodal shipping container or trailer where the shipment is tendered as a complete container or is transported under a rate for the exclusive use of a container). Where the shipment is tendered as less than an intermodal shipping container or trailer in volume and weight and is consolidated with other shipments into an intermodal shipping container or trailer, Superior's maximum liability shall be U.S. $500.00 for the entire container, or; In the case of a declared value, the declared value of the goods actually damaged, lost, or delayed. To the extent not inconsistent with this provision, all other requirements and terms of the Carriage of Goods by Sea Act (“COGSA”) shall apply to the liability of Superior for Ocean Shipments hereunder.

Appears in 1 contract

Samples: Terms and Conditions – Agreement

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