Cargo Liability Sample Clauses

Cargo Liability. (a) Carrier shall be liable to Shipper for loss or damage to lading occurring while it is in Carrier's possession, except to the extent such loss or damage is caused by an act of God or a public enemy, a public authority, an act of Shipper, or the inherent vice or nature of the lading. Carrier's possession of lading under this Agreement shall begin when Carrier has executed the freight documentation form for such lading and shall terminate upon the lading being tendered for delivery to Shipper's consignee. (b) Claims for loss or damage to lading must be filed in writing by Shipper within nine (9) months from date of delivery, or scheduled date of delivery for lost lading, or in the absence of a scheduled delivery date, the filing period shall begin after a reasonable time has elapsed for delivery, and a civil suit or arbitration proceeding shall be commenced by Shipper within two (2) years from the date Carrier gives Shipper written notice Carrier is disallowing the claim or any part of it. Claims will be filed and resolved in accordance with federal regulations codified at 49 C.F.R. Part 370. (c) The measure of damages for loss of or physical damage to the cargo shall be the invoice value of the lading, or in the absence of an invoice, wholesale destination value. Carrier also shall be liable for the reasonable costs of the Shipper to mitigate its damages. (d) In no event shall Carrier be liable to Shipper or anyone else for special, incidental, or consequential damages that relate to loss, damage or delay to a shipment, unless Shipper has informed Carrier in written or electronic form, prior to or when tendering a shipment or series of shipments to Carrier, of the potential nature and type of such damages, and Carrier specifically agrees in written or electronic form to accept responsibility for such damages. In no event shall Carrier be liable to Shipper or anyone else for punitive or exemplary damages that relate to loss, damage or delay to a shipment.

Cargo Liability. Carrier shall be liable to Shipper for loss or damage to lading occurring while it is in Carrier's possession pursuant to the ▇▇▇▇▇▇▇ Amendment, 49 U.S.C. 14706, except to the extent such loss or damage is caused by an act of God or a public enemy, a public authority, an act of Shipper, or the inherent vice or nature of the lading. Carrier's possession of lading under this Agreement shall begin when Carrier has executed the freight documentation form for such lading and shall terminate upon the lading being tendered for delivery to Shipper's consignee. If Carrier’s liability is governed by the Carriage of Goods by Sea Act (“COGSA”) under a through ▇▇▇▇ of lading, Carrier’s liability shall be under COGSA and not the ▇▇▇▇▇▇▇ Amendment. In such event, Carrier’s liability is limited by any terms and conditions of the ocean carrier that apply for the benefit of Carrier. Carrier's monetary liability will be limited to the amount of cargo insurance provided in Section 5 above. If Shipper asserts that the value of lading on a particular shipment shall exceed this amount, Carrier shall be advised twenty-four (24) hours before the time of tendering a load. Carrier may refuse the load or secure additional cargo insurance in the amount of liability Shipper claims, the cost of which shall be invoiced to Shipper as part of freight charges. Shipper also shall note any separately agreed value on the freight documentation form referenced in Section 4 above. If the freight Shipper tenders consistently exceeds the amount of cargo insurance provided in Section 5 above, the Parties shall agree in writing to an alternate cargo insurance amount, which will be reflected in freight charges otherwise assessed. Claims for loss or damage to lading must be filed in writing by Shipper within nine (9) months from date of delivery, or scheduled date of delivery for lost lading, or in the absence of a scheduled delivery date, the filing period shall begin after a reasonable time has elapsed for delivery, and a civil suit or arbitration proceeding shall be commenced by Shipper within two (2) years from the date Carrier gives Shipper written notice Carrier is disallowing the claim or any part of it. Claims will be filed and resolved in accordance with federal regulations codified at 49 C.F.R. Part 370. The measure of damages for loss of or physical damage to the cargo shall be the invoice value of the lading, or in the absence of an invoice, wholesale destination value. In no event shall Ca...

Cargo Liability. CARRIER assumes liability as a common carrier for loss, damage to or destruction of the goods entrusted to it or its subcontractor’s care, custody or control. The measurement of the loss, damage or injury to commodities shall be the Shipper's invoice value applicable to the kind and quantity of Commodities so lost, damaged or destroyed. CARRIER shall not allow any of the goods tendered to CARRIER to be sold or made available for sale or otherwise disposed of in salvage markets, employee stores or any other secondary outlets without BROKER’s prior written consent. ▇▇▇▇▇▇▇ agrees to either pay or settle all cargo claims within 30 days of the receipt of a documented claim. ▇▇▇▇▇▇▇ agrees to notify BROKER’s Claims Department immediately whenever an accident or potential cargo claim occurs. Provincial, State or Federal tariffs or legislation limiting CARRIER’S liability shall have no application to shipments entrusted to the CARRIER.

Cargo Liability. Carrier assumes the liability required of an interstate motor common carrier under 49 U.S.C. § 14706, as amended, regardless of whether the shipment is interstate or intrastate in nature. Carrier’s liability for the goods shall be for “full actual loss” which, by this Agreement, includes, but is not limited to the original invoice value charged consignee or the destination marker value of goods lost or damaged, whichever is higher, freight charges, warehousing costs, transportation costs, and all other assessorial charges on loss and damage claims. Carrier’s liability under this Agreement shall commence at the earlier of when Carrier signs the applicable ▇▇▇▇ of lading accepting Broker’s, shipper’s, consignor’s or consignee’s tender of shipment or Carrier has loaded such shipment upon Carrier’s equipment at the point of origin. Carrier’s liability shall end when Carrier has delivered such shipment to the designated destination, has received a signed delivery receipt and nothing further remains to be done by Carrier to deliver the shipment in accordance with the ▇▇▇▇ of lading. If a shipment is refused or Carrier is unable to deliver it for any reason, Carrier shall immediately notify Broker to receive instructions regarding the disposition of the shipment.

Cargo Liability. (a) ▇▇▇▇▇▇▇ will bring all cargo loss or damage claims directly against the Carrier that carried the cargo, and not against ▇▇▇▇▇▇. Broker will have no liability for cargo loss or damage. (b) Except as otherwise provided herein, the Carrier’s liability for cargo loss or damage shall be governed by the provisions of 49 U.S.C. § 14706, except that ▇▇▇▇▇▇▇’s liability will be limited to (c) Claims for loss of or damage to cargo shall be filed and processed in accordance with 49 C.F.R. Part 370 as in effect on the date carrier receives the shipment. (d) Claims must be filed within nine (9) months, and civil actions must be commenced within two (2) years, in accordance with 49 U.S.C. § 14706(e).

Cargo Liability. (a) Carrier assumes liability for loss, theft, delay, damage or destruction of any and all property transported pursuant to this Agreement while the property is under Carrier’s care, custody or control. Carrier’s liability shall be determined in accordance with 49 U.S.C. § 14706 (▇▇▇▇▇▇▇ liability), notwithstanding any released valuation or limitation of liability provision contained on any ▇▇▇▇ of lading. Carrier’s liability for loss or damage to any property shall begin at the time the property is received by Carrier and a receipt or ▇▇▇▇ of lading is issued at the point of origin, and shall continue until the property is delivered to the designated consignee and the receipt or ▇▇▇▇ of lading is signed by the consignee at the point of destination. (b) The filing, processing and disposition of claims for loss or damage to cargo shall be governed by 49 C.F.R. Part 370. Any claim for freight loss or damage may be filed by Broker on behalf of its shipper customer or by the shipper directly with Carrier. All cargo claims shall be administered by Carrier with no recourse to Broker. (c) The measure of damages in a claim for loss, damage or delay is the Actual Value of the goods which are lost, damaged or delayed. “Actual Value” means the invoice price of the subject goods, including associated transportation charges relating to the shipment.

Cargo Liability. ▇▇▇▇▇▇ Logistics shall not be liable for any claim relating to loss or damage in connection with any shipment accepted on an Air Waybill (the “Claim”) except where the Claim arises from the negligence, gross negligence, or willful misconduct of ▇▇▇▇▇▇ Logistics or its employees or agents (acting in furtherance of their duties as employees or agents). ▇▇▇▇▇▇ Logistics’ maximum liability for any loss or damage, or any other claim with respect to any domestic United States shipment is limited to the least of Customer’s damages, fifty cents (50¢) per pound, or fifty thousand dollars ($50,000) per waybill unless Customer declares a higher value and pays the applicable additional charges specified in the Air Waybill. ▇▇▇▇▇▇ Logistics’ liability for international shipments shall be in accordance with the rules of the Warsaw Convention. In no event shall ▇▇▇▇▇▇ Logistics’ liability exceed the reduction in value (in the case of damage) or replacement value (in the case of loss or destruction) of the damaged Goods, less reasonable salvage value. ▇▇▇▇▇▇ Logistics shall not be liable for any incidental, special, exemplary, consequential, or punitive damages, whether direct or indirect, including but not limited to loss of income, opportunity, or profits, in excess of the limitations of liability contained herein, regardless of whether ▇▇▇▇▇▇ Logistics had knowledge that such damages might be incurred.

Cargo Liability. Cargo Liability. Carrier shall only be liable to Shipper for loss or damage to cargo occurring while it is in Carrier's possession, except to the extent such loss or damage is caused by an act of God or a public enemy, a public authority, an act of Shipper, or the inherent vice or nature of the cargo. ▇▇▇▇▇▇▇'s possession of cargo under this Agreement shall begin when ▇▇▇▇▇▇▇ has executed the freight documentation form for such lading and shall terminate upon the lading being tendered for delivery to ▇▇▇▇▇▇▇'s consignee. ▇▇▇▇▇▇▇’s liability for cargo loss and damage will be as described in the provisions of 49 U.S.C. 14706, and in no event shall Carrier be liable for more than the limitation of liability listed on the bill of lading or herein. All freight carried under this Agreement shall be ▇▇▇▇▇▇▇’s Weight Load and Count and pursuant to 49 U.S.C. §80113, Carrier is not liable for non-receipt, misdescription or improper loading when the goods are loaded by the shipper, and the bill of lading contains the words ‘shipper's weight, load, and count,’ or words of the same meaning indicating the shipper loaded the goods.

Cargo Liability. Required Not required Motor Truck Cargo Liability Insurance covering loss to cargo in transit during the performance of this Price Agreement. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits). Combined single limit per occurrence shall not be less than $ . Required Not required Garage Liability Coverage for Garage Operations. Coverage shall include Garage Keepers legal liability for autos left for service or repair and shall not be less than $ combined single limit. Required Not required Garage Keepers´ Legal Liability Coverage for autos left for service, repair, storage or safekeeping, with a combined single limit of not less than $ per location.