Common use of TIME LIMITS ON FREIGHT CLAIMS Clause in Contracts

TIME LIMITS ON FREIGHT CLAIMS. Generally, the transportation providers require that freight claims be submitted to them in writing no later than nine months (180 days from the date the consignee is notified of the loss in the case of KCSM) after the date of delivery or in the case of a lost shipment, nine months after the expected delivery date (180 days from the date the consignee is notified of the loss in the case of KCSM). Motor transportation providers generally require that you initiate lawsuits on freight claims within two years after any portion of the claim is disallowed. Through the Intermodal Circulars, the rail transportation providers impose different time limits for initiating lawsuits on a freight claim, ranging from six months after disallowance to eighteen months after delivery. The transportation providers will not pay freight claims that do not meet these time limits. Should our customer wish for us to seek recovery for freight loss or damage from the underlying transportation provider or believe that we are directly liable for a freight claim, as a condition precedent to recovery, the customer must submit the claim to our freight claims department within seven months of date of delivery or in the case of a lost shipment, within seven months of the expected delivery date. The claim should include the information set forth below. If the freight claim is not timely filed, we and the underlying transportation providers may consider your failure to timely file the claim as a release by you of us and the underlying transportation providers from responsibility to pay that freight claim, and your claim may be declined. After expiration of these time periods, you may proceed by filing the written claim directly with the applicable transportation provider, but we have no responsibility for the timeliness of the filing or the payment or processing of that claim. Should our customer believe that we are directly liable for a freight claim that has not been resolved, as a condition precedent to recovery, the customer must institute an arbitration proceeding against us to recover on a claim for damage or loss of freight transported within five (5) months from the date of the original written disallowance of the claim or any portion of it from us or the underlying transportation provider. The same time limit will apply to any lawsuit brought by the customer. If the suit or arbitration on a freight claim is not timely initiated, we will consider your failure to timely file the claim as a release of us by you from responsibility for that freight claim, and we will not be liable for and will not process or pay that claim. We have these time limits due to the deadlines imposed on us by the underlying transportation providers discussed above. Our time limits are intended to allow us time to resubmit your claims with the underlying transportation provider within the deadlines imposed by the Intermodal Circulars or our agreements with the transportation providers.

TIME LIMITS ON FREIGHT CLAIMS. ‌ Generally, the transportation providers require that freight claims be submitted to them in writing no later than nine months (180 days from the date the consignee is notified of the loss in the case of KCSM) after the date of delivery or in the case of a lost shipment, nine months after the expected delivery date (180 days from the date the consignee is notified of the loss in the case of KCSM). Motor transportation providers generally require that you initiate lawsuits on freight claims within two years after any portion of the claim is disallowed. Through the Intermodal Circulars, the rail transportation providers impose different time limits for initiating lawsuits on a freight claim, ranging from six months after disallowance to eighteen months after delivery. The transportation providers will not pay freight claims that do not meet these time limits. Should our customer wish for us to seek recovery for freight loss or damage from the underlying transportation provider or believe that we are directly liable for a freight claim, as a condition precedent to recovery, the customer must submit the claim to our freight claims department within seven months of date of delivery or in the case of a lost shipment, within seven months of the expected delivery date. The claim should include the information set forth below. If the freight claim is not timely filed, we and the underlying transportation providers may consider your failure to timely file the claim as a release by you of us and the underlying transportation providers from responsibility to pay that freight claim, and your claim may be declined. After expiration of these time periods, you may proceed by filing the written claim directly with the applicable transportation provider, but we have no responsibility for the timeliness of the filing or the payment or processing of that claim. Should our customer believe that we are directly liable for a freight claim that has not been resolved, as a condition precedent to recovery, the customer must institute an arbitration proceeding against us to recover on a claim for damage or loss of freight transported within five (5) months from the date of the original written disallowance of the claim or any portion of it from us or the underlying transportation provider. The same time limit will apply to any lawsuit brought by the customer. If the suit or arbitration on a freight claim is not timely initiated, we will consider your failure to timely file the claim as a release of us by you from responsibility for that freight claim, and we will not be liable for and will not process or pay that claim. We have these time limits due to the deadlines imposed on us by the underlying transportation providers discussed above. Our time limits are intended to allow us time to resubmit your claims with the underlying transportation provider within the deadlines imposed by the Intermodal Circulars or our agreements with the transportation providers.

TIME LIMITS ON FREIGHT CLAIMS. Generally, the transportation providers require that freight claims be submitted to them in writing no later than nine months (180 days from the date the consignee is notified of the loss in the case of KCSM) after the date of delivery or in the case of a lost shipment, nine months after the expected delivery date (180 days from the date the consignee is notified of the loss in the case of KCSM)date. Motor transportation providers generally require that you initiate lawsuits on freight claims within two years after any portion of the claim is disallowed. Through the Intermodal Circulars, the rail transportation providers impose different time limits for initiating lawsuits on a freight claim, ranging from six months after disallowance to eighteen months after delivery. The transportation providers will not pay freight claims that do not meet these time limits. Should our customer wish for us to seek recovery for freight loss or damage from the underlying transportation provider or believe that we are directly liable for a freight claim, as a condition precedent to recovery, the customer must submit the claim to our freight claims department within seven nine months of date of delivery or in the case of a lost shipment, within seven nine months of the expected delivery date. The claim should include the information set forth below. If the freight claim is not timely filed, we Streamline and the underlying transportation providers may consider your failure to timely file the claim as a release by you of us Streamline and the underlying transportation providers from responsibility to pay that freight claim, and your claim may be declined. After expiration of these time periods, you customers may proceed by filing the written claim directly with the applicable transportation provider, but we have Streamline has no responsibility for the timeliness of the filing or the payment or processing of that claim. Should our customer believe that we are directly liable for a freight claim that has not been resolved, as a condition precedent to recovery, the customer must institute an arbitration proceeding against us to recover on a claim for damage or loss of freight transported within five (5) months from the date of the original written disallowance of the claim or any portion of it from us or the underlying transportation provider. The same time limit will apply to any lawsuit brought by the customer. If the suit or arbitration on a freight claim is not timely initiated, we will consider your failure to timely file the claim as a release of us by you from responsibility for that freight claim, and we will not be liable for and will not process or pay that claim. We have these time limits due to the deadlines imposed on us by the underlying transportation providers discussed above. Our time limits are intended to allow us time to resubmit your claims with the underlying transportation provider within the deadlines imposed by the Intermodal Circulars or our agreements with the transportation providers.