Common use of Value Declared Clause in Contracts

Value Declared. Except as otherwise agreed upon in writing by the Parties, and except as provided below, pursuant to the second paragraph of Article 52 of the Regulatory Law the liability of KCSM for loss of or damage to the Freight shall be limited to an amount equivalent to 15 (fifteen) days’ general minimum wage in the Federal District per metric ton, or the proportional amount in case of shipments of lesser weight, pertaining to the specific weight of the loss or damage to the Freight. i) Shipper shall provide KCSM with written notice no less than 5 (five) business days before the corresponding railcar(s) is (are) released for transportation, that Shipper is requesting extended liability in terms of the first paragraph of Article 52 of the Regulatory Law. ii) Shipper shall agree to pay the extended liability surcharge determined by and provided in writing by KCSM Freight Claim and Insurance Department for each such shipment. iii) The extended liability surcharge shall be invoiced to Shipper as a separate charge, and shall be additional to and independent from any and all transportation rates and/or any other charges, fees or rates whatsoever.

Appears in 3 contracts

Samples: Freight Railroad Transportation Rendering Services Agreement, Freight Railroad Transportation Rendering Services Agreement, Freight Railroad Transportation Rendering Services Agreement

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Value Declared. Except as otherwise agreed upon in writing by the Parties, and except as provided below, pursuant to the second paragraph of Article 52 of the Regulatory Law the liability of KCSM for loss of or damage to the Freight shall be limited to an amount equivalent to 15 (fifteen) days’ general minimum wage in the Federal District per metric ton, or the proportional amount in case of shipments of lesser weight, pertaining to the specific weight of the loss or damage to the Freight. i) Shipper shall provide KCSM with written notice no less than 5 (five) business days before the corresponding railcar(s) is (are) released for transportation, that Shipper is requesting extended liability in terms of the first paragraph of Article 52 of the Regulatory Law. ii) Shipper shall agree to pay the extended liability insurance surcharge determined by and provided in writing by KCSM Freight Claim and Insurance Department for each such shipment. iii) The extended liability insurance surcharge shall be invoiced to Shipper as a separate charge, and shall be additional to and independent from any and all transportation rates and/or any other charges, fees or rates whatsoever.

Appears in 2 contracts

Samples: Freight Railroad Transportation Rendering Services Agreement, Freight Railroad Transportation Rendering Services Agreement

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