Common use of XPO’s Liability Clause in Contracts

XPO’s Liability. We will be liable for loss or damage to freight to the extent that it is proved that our negligence or willful misconduct in arranging for transportation of the freight was the proximate cause of the freight loss or damage and then only to the extent, on a comparative basis, that the loss or damage was caused by our negligence or willful misconduct. Liability under 49 U.S.C 14706 (the Xxxxxxx Amendment) does not apply to us. Unless we have expressly agreed otherwise in a written agreement signed by our authorized representative, we are not liable for any freight loss or damage caused by the services of the underlying transportation provider or arising out of the negligence or intentional misconduct of the underlying rail or motor transportation provider. The negligence or intentional misconduct of the transportation provider will not be imputed to us. In no event will our total liability for freight loss or damage exceed $100,000.00 per container or trailer unless a higher limitation is agreed to in writing signed by our authorized representative before the time of shipping. Our liability will not extend beyond $100,000.00 per container or trailer unless special arrangements are made in writing before the time of shipping. All freight claims will be paid in United States dollars. Freight claims under $500.00 will not be entertained. Our maximum liability for freight loss or damage will not exceed the liability of the party tendering the freight for transportation. We also will be entitled to any lower limitations of liability applicable to the shipment, including limitations under an ocean bill of lading.

XPO’s Liability. ‌ We will be liable for loss or damage to freight to the extent that it is proved that our negligence or willful misconduct in arranging for transportation of the freight was the proximate cause of the freight loss or damage and then only to the extent, on a comparative basis, that the loss or damage was caused by our negligence or willful misconduct. Liability under 49 U.S.C 14706 (the Xxxxxxx Amendment) does not apply to us. Unless we have expressly agreed otherwise in a written agreement signed by our authorized representative, we are not liable for any freight loss or damage caused by the services of the underlying transportation provider or arising out of the negligence or intentional misconduct of the underlying rail or motor transportation provider. The negligence or intentional misconduct of the transportation provider will not be imputed to us. In no event will our total liability for freight loss or damage exceed $100,000.00 per container or trailer unless a higher limitation is agreed to in writing signed by our authorized representative before the time of shipping. Our liability will not extend beyond $100,000.00 per container or trailer unless special arrangements are made in writing before the time of shipping. All freight claims will be paid in United States dollars. Freight claims under $500.00 will not be entertained. Our maximum liability for freight loss or damage will not exceed the liability of the party tendering the freight for transportation. We also will be entitled to any lower limitations of liability applicable to the shipment, including limitations under an ocean bill of lading.