Common use of Cargo Liability Clause in Contracts

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, depleted, or rejected by Customer, Carrier shall be liable for such loss, damages, or expenses. In the event of delay, delivery error, damage, loss, depletion, or rejection by Customer, Carrier shall immediately contact C&K and shall take all reasonable actions necessary to protect the integrity, and otherwise preserve the remaining value, of the cargo. C&K shall, for the benefit of Customers, possess exclusive authority to make a final determination regarding the appropriate remedy for such delay, delivery error, damage, loss, depletion, or rejection, including, without limitation, the method for disposition or salvage of such cargo. If the cargo has been damaged, Carrier shall be responsible for identifying opportunities to salvage or otherwise dispose of such cargo, and shall have the responsibility to take all steps reasonably necessary to maximize the value received in such salvage or disposition. Carrier shall consult with C&K or Customer while making arrangements for the salvage or disposition, and shall not complete any salvage or disposition without first receiving written authorization from C&K or Customer. Title to such cargo shall remain with Customer until such authorization has been received and such salvage or disposition has occurred.

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. ▇▇▇▇▇▇▇'s possession of lading under this Agreement shall begin when ▇▇▇▇▇▇▇ agrees has executed the freight documentation form for such lading and shall terminate upon the lading being tendered for delivery to meet any promised pick-up ▇▇▇▇▇▇▇'s consignee (subject to the provisions of paragraph 9). b. All shipments are deemed released (and delivery schedule and deadlines regardless the Carrier’s maximum liability as limited) to a maximum value not exceeding $100,000, unless the Shipper declares a lesser value on the bill of whether established verbally or as set forth in Bills of Lading (as defined in section 5 hereof) lading or other shipping documents provided documentation, in which case Carrier’s liability shall not exceed said lesser value declared by ▇▇▇▇▇▇▇. If Shipper so requests, the Carrier may accept and transport shipments worth more than $100,000, up to Carrier at the time an absolute maximum of cargo pick up 1 million dollars (“Load Confirmation”$1,000,000.00). If Carrier does not possessHowever, at the time of pick-up, the interstate or state registration of, operating authority required to transport the cargo to the required destination, Carrier it 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 be ▇▇▇▇▇▇▇’s discretionresponsibility to properly obtain the Carrier’s prior signed consent and to pay appropriate excess valuation charges, pick-up and delivery schedules cannot be made in compliance with then-applicable hours-of-service regulationswhich are available upon request, to compensate Carrier for such increased cargo risk; otherwise, the Carrier’s liability shall remain at $100,000. 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. If ▇▇▇▇▇▇▇ agrees it asserts that the value of lading on a particular shipment shall exceed this amount, Carrier shall be liable 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 6 above. If the freight Shipper tenders consistently exceeds the amount of cargo insurance provided in Section 8 above, the Parties shall agree in writing to an alternate cargo insurance amount, which will be reflected in freight charges otherwise assessed. c. 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 fullabsence of a scheduled delivery date, actual 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. d. The measure of damages for loss of or physical damage to the cargo shall be the commercial invoice value (calculated as of the time lading, or in the cargo left Customer's facility) absence of an invoice wholesale destination value. e. 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 ▇▇▇▇▇▇▇ has informed Carrier in written or electronic form, prior to or when tendering a shipment or series of shipments to Carrier, of the cargo transportedpotential nature and type of such damages, and ▇▇▇▇▇▇▇’s liability ▇ 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, damage or delay of or injury to cargo shall be determined under the common carrier standards of liabilitya shipment. 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, depleted, or rejected by Customer, Carrier shall be liable for such loss, damages, or expenses. In the event of delay, delivery error, damage, loss, depletion, or rejection by Customer, Carrier shall immediately contact C&K and shall take all reasonable actions necessary to protect the integrity, and otherwise preserve the remaining value, of the cargo. C&K shall, for the benefit of Customers, possess exclusive authority to make a final determination regarding the appropriate remedy for such delay, delivery error, damage, loss, depletion, or rejection, including, without limitation, the method for disposition or salvage of such cargo. If the cargo has been damaged, Carrier shall be responsible for identifying opportunities to salvage or otherwise dispose of such cargo, and shall have the responsibility to take all steps reasonably necessary to maximize the value received in such salvage or disposition. Carrier shall consult with C&K or Customer while making arrangements for the salvage or disposition, and shall not complete any salvage or disposition without first receiving written authorization from C&K or Customer. Title to such cargo shall remain with Customer until such authorization has been received and such salvage or disposition has occurred.

Cargo Liability. a. Carrier shall be liable to Shipper for loss or damage to lading occurring while it is in Carrier's possession pursuant to the ▇▇▇▇▇▇▇ agrees Amendment, 49 U.S.C. 14706, except to meet any promised pick-up 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 schedule and deadlines regardless to Shipper's consignee. If Carrier’s liability is governed by the Carriage 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 Goods by Sea Act (“Load ConfirmationCOGSA”). 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 under a through ▇▇▇▇▇▇▇▇ of lading, Carrier’s discretion, pick-up liability shall be under COGSA 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 fullAmendment. In such event, 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 is limited by any terms and conditions of the ocean carrier that apply for the full, actual 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 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 lading on a particular shipment of any cargo being transported under shall exceed this Agreement is delayed or delivered in error, or any cargo being transported are damaged, destroyed, depleted, or rejected by Customeramount, Carrier shall be liable for such loss, damages, advised twenty-four (24) hours before the time of tendering a load. Carrier may refuse the load or expenses. In secure additional cargo insurance in the event amount of delay, delivery error, damage, loss, depletion, or rejection by Customer, Carrier shall immediately contact C&K and shall take all reasonable actions necessary to protect the integrity, and otherwise preserve the remaining value, of the cargo. C&K shall, for the benefit of Customers, possess exclusive authority to make a final determination regarding the appropriate remedy for such delay, delivery error, damage, loss, depletion, or rejection, including, without limitationliability Shipper claims, the method for disposition or salvage cost of such cargowhich 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 been damagedelapsed 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 Carrier be liable to Shipper or anyone else for special, incidental, or consequential damages that relate to loss, damage or delay to a shipment. 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. [omitted] Salvage. Shipper will have the right reasonably to determine to repair, repackage, salvage, or scrap damaged lading. If Shipper elects to salvage lading, Shipper shall notify Carrier to return the lading to Shipper or allow Carrier to dispose of the lading. If salvage is sought, at least two independent bids shall be obtained, and the highest bid accepted. Any monies received in salvage, whether accomplished by Carrier or Shipper, will be credited, if applicable, against any amount Carrier may otherwise be responsible for in terms of the damages. Shipper may condition salvage upon the removal of all identifying opportunities marks or labels or the lading being permanently marked as "damaged" or with a similar notation. If Carrier is retained by Shipper to return the damaged lading for repair, salvage, or scrapping, Shipper agrees to pay Carrier freight charges otherwise provided in this Agreement, or at a negotiated rate to be reduced to writing, without prejudice to recovery of such freight charges as damages. Damaged lading will not be scrapped unless repair and/or salvage is not feasible. If Carrier salvages the lading, Carrier may ▇▇▇▇ a reasonable charge for doing so against salvage receipts. If shipper elects not to salvage or otherwise dispose of such cargothe lading but to scrap it instead, and shall have the responsibility Carrier will be entitled to take all steps reasonably necessary to maximize the value received in such salvage or disposition. Carrier shall consult with C&K or Customer while making arrangements an offset for the salvage or disposition, and shall not complete any salvage or disposition without first receiving written authorization from C&K or Customer. Title to such cargo shall remain with Customer until such authorization has been received and such salvage or disposition has occurredamount the lading reasonably could have realized at salvage.

Cargo Liability. a. Carrier cargo liability shall commence upon ▇▇▇▇▇▇▇’s acceptance of goods and shall end when the commodities are received and signed for at destination without exception. Claims will be filed and resolved in accordance with the provisions of 49 C.F.R. Part 370. ▇▇▇▇▇▇▇ assumes full liability as a common carrier for loss, damage to or destruction of any and all of Customer’s goods or property while under Carrier’s care, custody or control. All cargo claims liability standards and burdens of proof will be governed by the common law and the provisions of 49 U.S.C. Part 14706 (the ▇▇▇▇▇▇▇ Amendment). ▇▇▇▇▇▇▇ agrees to meet promptly report any promised pick-up exceptions (over, short, damaged, or refused) to UTB Claims Department. Should Carrier fail to notify Broker regarding such exceptions, UTB assumes, and delivery schedule ▇▇▇▇▇▇▇ agrees to be responsible for any and deadlines regardless of whether established verbally or as set forth all claims and cost incurred in Bills of Lading resolving said exceptions. ▇▇▇▇▇▇▇ shall acknowledge all claims within thirty (as defined in section 5 hereof30) or other shipping documents provided to Carrier at the time of cargo pick up (“Load Confirmation”). If Carrier does not possessdays from receipt and indicate what, at the time of pick-up, the interstate or state registration of, operating authority if any additional documentary evidence is required to transport resolve the cargo claim. UTB agrees to the required destinationassist ▇▇▇▇▇▇▇ in resolving, 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 reducing ▇▇▇▇▇▇▇’s discretion, pick-up and delivery schedules cannot be made in compliance with then-applicable hours-of-service regulationsclaim whenever possible. Carrier Representative Initial’s _____________ b. shall pay, decline or settle all documented claims within ninety (90) days. All claim that are denied in full or in part, must meet the burden of proof as provided under 49 U.S.C. § 14706, with clear and convincing evidence. Carrier shall provide an acceptable means either pay UTB directly or allow UTB to deduct from any amount UTB owes Carrier the amount 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 Customer’s full actual loss or the Electronic Communication amount of determined Carrier liability. All claims that are not resolved within ninety (including but not limited 90) days May be subject to shipping directions and rate binding arbitration under modified procedures established by the Transportation Lawyers Association at the election of payment) shall controlUTB or its customers. ▇▇▇▇▇▇▇ agrees it shall be liable assumes full liability as a common carrier for loss, damage, collection, lawyer and any nature of contracted service charges hired for purposes of solving any discrepancies between the full, actual value (calculated as of parties. Broker recognizes the time the cargo left Customer's facility) of the cargo transportedCarrier’s right to salvage, and ▇▇▇▇▇▇▇▇ recognizes the Customer’s liability for loss, damage, or delay right to control the disposition 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 Agreementits goods. Carrier expressly waives any and 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 right of liability salvage 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 resale of any limitation contained of Customer’s damaged goods without UTB’s prior written consent. Carrier shall not, under any circumstance allow Customer’s goods to be sold or made available for sale or otherwise disposed of 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 errorsalvage markets, employee store, or any cargo being transported other secondary outlets and shall, at Broker’s reasonable request and direction, promptly return or dispose, at Carrier’s initial cost, any and all of Customer’s damaged and overage goods shipped by Carrier under a Transportation Schedule. In the event that damaged goods are damaged, destroyed, depleted, or rejected returned to Customer and salvaged by Customer, Carrier shall be liable for such loss, damages, or expenses. In the event of delay, delivery error, damage, loss, depletion, or rejection by Customer, Carrier shall immediately contact C&K and shall take all reasonable actions necessary to protect the integrity, and otherwise preserve the remaining value, of the cargo. C&K shall, receive a credit for the benefit of Customers, possess exclusive authority to make a final determination regarding the appropriate remedy for such delay, delivery error, damage, loss, depletion, or rejection, including, without limitation, the method for disposition or actual salvage value of such cargogoods. If Return transportation charges will be borne by the party responsible for damage to the cargo has been damaged, Carrier shall and will be responsible for identifying opportunities to salvage or otherwise dispose of such cargo, and shall have apportioned under the responsibility to take all steps reasonably necessary to maximize the value received process set forth in such salvage or disposition. Carrier shall consult with C&K or Customer while making arrangements for the salvage or disposition, and shall not complete any salvage or disposition without first receiving written authorization from C&K or Customer. Title to such cargo shall remain with Customer until such authorization has been received and such salvage or disposition has occurredparagraphs above.

Cargo Liability. a. (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. ▇▇▇▇▇▇▇'s possession of lading under this Agreement shall begin when ▇▇▇▇▇▇▇ 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 has executed 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) freight documentation form for such lading and shall immediately inform C&K of Carrier's operating authority or registration deficiency. Carrier shall not accept any cargo if, in terminate upon the lading being tendered for delivery to ▇▇▇▇▇▇▇’s discretion's consignee. (b) ▇▇▇▇▇▇▇'s monetary liability will be limited to the amount of cargo insurance provided in Section 5 above. If ▇▇▇▇▇▇▇ asserts that the value of lading on a particular shipment shall exceed this amount, pickCarrier shall be advised twenty-up and delivery schedules cannot be made in compliance with then-applicable hours-of-service regulationsfour (24) hours before the time of tendering a load. Carrier Representative Initial’s _____________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. b. Carrier (c) Claims for loss or damage to lading must be notified to carrier within 48 hours and filed in writing by Shipper within one (1) month 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 provide an acceptable means of receiving Load Confirmations, either through Fax, email or some other mutually agreed upon means of electronic communication (“Electronic Communication”)begin after a reasonable time has elapsed for delivery, and those terms a civil suit or directions 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. (d) The measure of damages for loss of or physical damage to the cargo shall be the invoice value of the lading, or in the verbal agreement or the Electronic Communication (including but not limited to shipping directions and rate absence of payment) shall controlan invoice, wholesale destination value. ▇▇▇▇▇▇▇ agrees it also shall be liable for the full, actual value (calculated as reasonable costs of the time the cargo left Customer's facilityShipper to mitigate its damages. (e) 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 ▇▇▇▇▇▇▇ has informed Carrier in written or electronic form, prior to or when tendering a shipment or series of shipments to Carrier, of the cargo transportedpotential nature and type of such damages, and ▇▇▇▇▇▇▇’s liability ▇ 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, damage or delay of or injury to cargo shall be determined under the common carrier standards of liabilitya shipment. c. All claims for loss, damage, or delay of or injury to cargo (f) In no event 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, depleted, or rejected by Customer, Carrier shall be liable for such lossany lost, damagesstolen or damaged equipment including but not limited to Container, Trailer, Chassis while in the possession of Shipper or expensesConsignee. In The loss amount will be invoiced at the event depreciated value of delay, delivery error, damage, loss, depletion, or rejection said equipment and paid by Customer, Carrier shall immediately contact C&K and shall take all reasonable actions necessary to protect the integrity, and otherwise preserve the remaining value, of the cargo. C&K shall, for the benefit of Customers, possess exclusive authority to make a final determination regarding the appropriate remedy for such delay, delivery error, damage, loss, depletion, or rejection, including, without limitation, the method for disposition or salvage of such cargo. If the cargo has been damaged, Carrier shall be responsible for identifying opportunities to salvage or otherwise dispose of such cargo, and shall have the responsibility to take all steps reasonably necessary to maximize the value received in such salvage or disposition. Carrier shall consult with C&K or Customer while making arrangements for the salvage or disposition, and shall not complete any salvage or disposition without first receiving written authorization from C&K or Customer. Title to such cargo shall remain with Customer until such authorization has been received and such salvage or disposition has occurred▇▇▇▇▇▇▇ and/or Consignee.