Common use of TIME FOR SUIT Clause in Contracts

TIME FOR SUIT. Carrier, its agents, servants and subcontractors and the Vessel shall be discharged from all liability whatsoever for loss, damage, or expense on any theory of recovery, including but not limited to negligence, breach of contract, tort, violation of statute, law or regulation, strict liability, delay, misdelivery, conversion or otherwise, unless suit is brought and jurisdiction is obtained over Carrier by service of process within one year after delivery of the goods or the date when the Goods should have been delivered. Removal of the Goods into the custody of the person entitled to take delivery shall be prima facie evidence of delivery of the Goods in the same condition in which they were received by Carrier unless written notice of loss or damage is given to Carrier before or at the time of removal. If the loss or damage is not apparent, written notice thereof must be given to Carrier within three calendar days of the removal of the Goods.

TIME FOR SUIT. Carrier, its agents, servants and subcontractors and the Vessel shall be discharged from all liability whatsoever for loss, damage, or expense on any theory of recovery, including but not limited to negligence, breach of contract, tort, violation of statute, law or regulation, strict liability, delay, misdelivery, conversion or otherwise, unless suit is brought and jurisdiction is obtained over Carrier by service of process within one year after delivery of the goods or the date when the Goods should have been delivered. Removal of the Goods into the custody of the person entitled to take delivery shall be prima facie evidence of delivery of the Goods in the same condition in which they were received by Carrier unless written notice of loss or damage is given to Carrier before or at the time of removal. If the loss or damage is not apparent, written notice thereof must be given to Carrier within three calendar days of the removal of the Goodssuch delivery.