Cargo Liability Sample Clauses

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. ▇▇▇▇▇▇ 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. 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. Subject to the terms of this Agreement, and solely to the extent the loss or damage is caused by the Kodiak Technology, Licensor shall [***], occurring while in the care, custody, or control of Licensor up to a maximum liability of maximum of $[***], unless Licensor expressly agrees in writing to [***]. Licensor shall not be liable for any loss or damage to [***].

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. (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 ▇▇▇▇▇▇▇’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 bill 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 bill 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 bill 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 a. ▇▇▇▇▇▇▇ agrees to meet any promised pick-up and delivery schedule and deadlines regardless of whether established verbally or as set forth in Bills of Lading (as defined in section 5 hereof) or other shipping documents provided to Carrier at the time of cargo pick up (“Load Confirmation”). If Carrier does not possess, at the time of pick-up, the interstate or state registration of, operating authority required to transport the cargo to the required destination, Carrier shall not accept any cargo (or the corresponding Load Confirmation) and shall immediately inform C&K of Carrier's operating authority or registration deficiency. Carrier shall not accept any cargo if, in ▇▇▇▇▇▇▇’s discretion, pick-up and delivery schedules cannot be made in compliance with then-applicable hours-of-service regulations. Carrier Representative Initial’s _____________ b. Carrier shall provide an acceptable means of receiving Load Confirmations, either through Fax, email or some other mutually agreed upon means of electronic communication (“Electronic Communication”), and those terms or directions in the verbal agreement or the Electronic Communication (including but not limited to shipping directions and rate of payment) shall control. ▇▇▇▇▇▇▇ agrees it shall be liable for the full, actual value (calculated as of the time the cargo left Customer's facility) of the cargo transported, and ▇▇▇▇▇▇▇’s liability for loss, damage, or delay of or injury to cargo shall be determined under the common carrier standards of liability. c. All claims for loss, damage, or delay of or injury to cargo shall be processed and adjusted in accordance with Section 14706 of Title 49 of the United States Code, as the same may be amended or renumbered from time to time, unless stated otherwise in this Agreement. Carrier expressly waives all rights and remedies under Title 49 U.S.C., Subpart IV, Part B to the extent they conflict with this Agreement. d. Carrier represents there is no limitation of liability or released rates applicable to any shipment made pursuant to this Agreement that would alter or change Carrier’s liability for the full, actual value of the cargo transported, regardless of any limitation contained in the insurance policy to which such certificate of insurance applies or to which the insurance limits described herein apply. e. If shipment of any cargo being transported under this Agreement is delayed or delivered in error, or any cargo being transported are damaged, destroyed, depl...

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 $100,000 per shipment. (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. Required Not required Motor Truck Cargo Liability Insurance covering loss to cargo in transit during the performance of this contract. 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.