Cargo Claims. Cargo claims as between the Owners and the Charterers shall be settled in accordance with the Inter-Club New York Produce Exchange Agreement of February 1970 as amended September 1996 as attached.
Cargo Claims. Contractor agrees to immediately report all cargo claims to Carrier, including all claimed shortages, overages, damages, or other ex- ceptions to the cargo. If possible, Contractor agrees to notify Car- rier of all cargo claims before leaving the Customer’s or con- signee’s location. Contractor’s indemnity obligation to Carrier un- der Sections 15.1 and 15.2 of this Agreement will apply to each cargo claim, including but not limited to delay, shortages, misde- livery, and any direct damage claim relating to lost, damaged, or contaminated loads arising out of or relating to Contractor’s ser- vices. Contractor authorizes Carrier to deduct or otherwise recover any such amounts.
Cargo Claims. Liability and Insurance of Cargo: The merchandises travel at cost and risk of our clients and are not insured by CFF/CGL unless we have received a written request to do so. In all of the operations of transporting our responsibility in no case and under no circumstances will exceed the liabilities assumed on behalf and by the involved / contracted train operators, airlines, navigation / steamship companies, surface (trucking) or any other intermediate intervening in the course of transportation. The freight charges remain subordinated of fluctuations of the tariffs by air, maritime and surface transportations and payable in the currency applied by the country of origin of the shipment. Our goal at Continental Freight Forwarding, Inc is to always provide the best service possible. In the unfortunate event a shipment is lost, damaged or destroyed, there are specific amounts that the carrier of choice that Continental Freight Forwarding, Inc. uses to move your cargo from point to point is considered liable for in regards to the value of your shipment. Based upon the shipment's value, standard valuations have been established and are used if the shipper does not indicate Shipper's Insurance is requested at time of pick up. Continental Freight Forwarding, Inc. acts as a worldwide air and ocean freight consolidator and forwarder, with an additional focus on neutral consolidation, cargo handling and customs brokerage is available. Continental Freight Forwarding, Inc has an excellent facility, which generally outperforms warehouses available in the Miami area. Combined with the IT infrastructure, we ensure top performance in expedited domestic shipments and documentation, international export shipments and documentation along with import shipments and clearances if required. Continental Freight Forwarding, Inc. strategy is based on the following aspects: o Strong network of Domestic and International agents and consolidators o Excellent Service offered by our employees with vase knowledge of the logistic industry o Timely and courteous service o Emphasis on communication, efficiency and financial surety Continental Freight Forwarding, Inc. can provide you with ALL Risk Insurance coverage for transportation of the goods you will be shipping with us. I highly suggest this option as this insures that any damage, loss or pilferage will be covered. IF no insurance is advised at time of pick up please understand that the physical warehouse is only while physically at ou...
Cargo Claims. All claims shall apply as in accordance to the Warsaw Convention (IATA) and the ocean transport rules. Lost/damaged shipments through carrier´s transaction shall be traced and investigated immediately. Submissions of official claim letter to carriers are mandatory.
Cargo Claims. 12.1. The issuer of the contract of carriage or the deemed contract of carriage shall process all cargo claims arising thereunder.
Cargo Claims. CONTRACTOR shall immediately report all cargo claims, including all shortages, overages, or other exceptions to the cargo, to CARRIER. CONTRACTOR’s indemnity obligation to CARRIER under Sections 13(a) and (b) of this Agreement shall apply to each cargo claim, including but not limited to, delay, shortages, misdelivery, and any direct damage claim relating to lost, damaged or contaminated loads, arising out of, or in connection with CONTRACTOR’s services.
Cargo Claims. Cargo claims to be settled in accordance with NYPE Interclub Agreement and any amendments thereto. With respect to responsibility for cargo claims as between Owners and Charterers, the New York Produce Exchange Agreement: (Interclub Agreement) as amended in 1996 (the so called Produce Fromula) shall apply. Charterers/Owners are not allowed to negotiate or settle any cargo (or other claims including fines) and are also not allowed to grant time extensions for those claims without having Owners/Charterers previous written approval of consent. It is understood that Owners/Charterers will keep each other properly and timely advised for all such claims and also will furnish each other with all relative documents and information in Owners/Charterers possession.
Cargo Claims. Contractor shall immediately report all cargo claims, including all shortages, overages or other exceptions to the cargo, to Carrier. Contractor shall be liable for, and Carrier shall charge back to Contractor, the first $1000.00 of each cargo claim, including but not limited to, shortage, loss, damage and misdelivery arising out of or in connection with Contractor’s services. The dollar limit in this paragraph shall not apply to damages arising out of or in connection with such claims if involving Contractor’s (including contractor’s agents ‘or employees’) gross negligence, willful misconduct, breach of this Agreement, or other culpable acts or omissions. Before deducting any cargo claim from Contractor’s compensation, Carrier shall provide Contractor with a written explanation and itemization for each such claim.
Cargo Claims. Carrier shall pay to Broker, or Broker may offset from the amounts Broker owes Carrier, for any losses arising from goods so lost, delayed, damaged or destroyed. Carrier shall not allow any of the Goods to be sold or made available for sale or otherwise disposed of in any salvage markets, employee stores or any other secondary outlets without Broker’s prior written consent. Carrier agrees to either pay or settle all cargo claims within 60 days of the receipt of a claim. Carrier agrees to notify Broker’s Claims Department in writing, immediately whenever an accident or potential claim occurs and provide Broker with any written reports, affidavits or other assistance necessary to assess the claim. Carrier shall use its best efforts to remedy the situation immediately. If Carrier for any reason fails or refuses to implement a remedy measure promptly, Broker shall be entitled to perform such measure itself, or by means of others and Carrier shall pay the costs thereof.
Cargo Claims. CARRIER shall issue (or execute) a xxxx of lading in compliance with 49 U.S.C. § 80101 et seq., 49 C.F.R. § 373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. CARRIER shall become liable for the full actual value of the freight when it takes and receives possession thereof, and the trailer(s) is loaded, regardless of weather a xxxx of loading has been issued, and/or signed, and/or delivered to CARRIER, and which responsibility and liability shall continue until delivery of the shipment to the consignee and the consignee and signs the xxxx of loading or delivery receipt. Any terms of the xxxx of lading (including but not limited to payment terms) inconsistent with the terms of this Agreement shall be null and the term of this Agreement shall apply. Failure to issue a xxxx of lading or sign a xxxx of loading acknowledging receipt of the cargo, by CARRIER, shall not affect the liability of CARRIER if it is established that CARRIER received the lading. CARRIER shall comply with 49 C.F.R. § 370.1 ET SEQ. and any amendments and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage. Except to the extent claimant demands market/retail value for its cargo claim, CARRIER’s liability for any cargo damage, loss, or theft from any cause shall be determined under the provisions and principles of the Xxxxxxx Amendment, 49 U.S.C. § 14706, which provides that CARRIER’s liability shall be for the full actual value of the damaged, lost, stolen, or delayed freight in conjunction with the provisions herein. CARRIER agrees that the receipt of a xxxx of lading shall be prima facia evidence of receipt of freight in good order and condition unless otherwise noted on the fact of the xxxx of loading. CARRIER shall be liable for the return of any refused product as determined by the shipper and/or consignee and shall be liable for any special, incidental or consequential damages as a result of the cargo claim. CARRIER is permitted salvage value to the extent salvage is permitted by the claimant or cargo owner, but under no circumstances is permitted to salvage or dispose of freight without written approval of BROKER. If salvage is not permitted by the claimant or cargo owner, CARRIER waives its right to salvage. CARRIER is not entitled to any damaged goods ...
