Common use of Salvage Obligation Clause in Contracts

Salvage Obligation. You are required to use all reasonable and good faith efforts to mitigate your damages from any freight loss or damage. These efforts will include salvaging the goods in a commercially reasonable manner and repackaging and relabeling the freight. If you prevent or refuse to sell or allow the sale of damaged freight, we may deduct our reasonable estimate of the salvage value of the damaged freight from the amount of the claim against the transportation provider and us. In that case, you will be bound by the reasonable salvage deduction determined by us. Furthermore, we may recover from our customer and/or from the proceeds of a sale of the freight (or deduct from the claim) all costs incurred as a result of the customer’s or the consignee’s rejection and the customer’s failure to provide direction or to sell or permit the sale of the freight, including all storage fees and costs of disposal. Notwithstanding the foregoing, if the freight is offered to us for salvage, we are entitled to, but are not required to, undertake salvage efforts. If we, in our discretion, determine that we will not undertake salvage efforts, we in no way waive our right to assert our claim that you failed to mitigate damages by your failure to take efforts to salvage the freight.

Appears in 4 contracts

Samples: Terms and Conditions for Intermodal Transportation Service, Terms and Conditions for Intermodal Transportation Service, Intermodal Transportation Service Agreement

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Salvage Obligation. You Customers are required to use all reasonable and good faith efforts to mitigate your damages from any freight loss or damage. These efforts will include salvaging the goods in a commercially reasonable manner and repackaging and relabeling the freight. If you prevent or refuse to sell or allow the sale of damaged freight, we Streamline may deduct our reasonable estimate of the salvage value of the damaged freight from the amount of the claim against the transportation provider and us. In that case, you will be bound by the reasonable salvage deduction determined by usStreamline. Furthermore, we Streamline may recover from our customer and/or from the proceeds of a sale of the freight (or deduct from the claim) all costs incurred as a result of the customer’s or the consignee’s rejection and the customer’s failure to provide direction or to sell or permit the sale of the freight, including all storage fees and costs of disposal. Notwithstanding the foregoing, if the freight is offered to us for salvage, we are entitled to, but are not required to, undertake salvage efforts. If weStreamline, in our discretion, determine that we will not undertake salvage efforts, we in no way waive our right to assert our claim that you failed to mitigate damages by your customers failure to take efforts to salvage the freight.

Appears in 1 contract

Samples: Streamline Intermodal Agreement (Slia) Governing Rules Circular

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Salvage Obligation. You are required to use all reasonable and good faith efforts to mitigate your damages from any freight loss or damage. These efforts will include salvaging the goods in a commercially reasonable manner and repackaging and relabeling the freight. If you prevent or refuse to sell or allow the sale of damaged freight, we may deduct our reasonable estimate of the salvage value of the damaged freight from the amount of the claim against the transportation provider and us. In that case, you will be bound by the reasonable salvage deduction determined by us. Furthermore, we may recover from our customer and/or from the proceeds of a sale of the freight (or deduct from the claim) all costs incurred as a result of the customer’s or the consignee’s rejection and the customer’s failure to provide direction or to sell or permit the sale of the freight, including all storage fees and costs of disposal. Notwithstanding the foregoing, if the freight is offered to us for salvage, we are entitled to, but are not required to, undertake salvage efforts. If we, in our discretion, determine that we will not undertake salvage efforts, we in no way waive our right to assert our claim that you failed to mitigate damages by your failure to take efforts to salvage the freight.

Appears in 1 contract

Samples: Intermodal Transportation Service Agreement

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