Common use of Cargo Liability Clause in Contracts

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 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 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 the lading but to scrap it instead, Carrier will be entitled to an offset for the amount the lading reasonably could have realized at salvage.

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 ▇▇▇▇▇▇▇ Amendment, 49 U.S.C. 14706possession, 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 ▇▇▇▇ ▇▇▇▇'s consignee (subject to the provisions of ladingparagraph 9). b. All shipments are deemed released (and 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 lading or other shipping 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 an absolute maximum of 1 million dollars ($1,000,000.00). However, it shall be under COGSA ▇▇▇▇▇▇▇’s responsibility to properly obtain the Carrier’s prior signed consent and not to pay appropriate excess valuation charges, which are available upon request, to compensate Carrier for such increased cargo risk; otherwise, the Carrier’s liability shall remain at $100,000. If ▇▇▇▇▇▇▇ 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 6 above. If the freight Shipper tenders consistently exceeds the amount of cargo insurance provided in Section 5 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 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. . d. The measure of damages for loss of or physical damage to the cargo shall be the commercial invoice value of the lading, or in the absence of an invoice, 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 potential nature and type of such damages, and ▇▇▇▇▇▇▇ 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. [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 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 the lading but to scrap it instead, Carrier will be entitled to an offset for the amount the lading reasonably could have realized at salvage.

Cargo Liability. Carrier cargo liability shall be liable to Shipper for loss or damage to lading occurring while it is in Carrier's possession pursuant to the commence upon ▇▇▇▇▇▇▇ Amendment, 49 U.S.C. 14706, except to the extent such loss or damage is caused by an act ▇’s acceptance 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 goods and shall terminate upon end when the lading being tendered commodities are received and signed 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 itat destination without exception. Claims will be filed and resolved in accordance with federal regulations codified at the provisions of 49 C.F.R. Part 370. The measure ▇▇▇▇▇▇▇ assumes full liability as a common carrier for loss, damage to or destruction of damages 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 promptly report any exceptions (over, short, damaged, or refused) to UTB Claims Department. Should Carrier fail to notify Broker regarding such exceptions, UTB assumes, and ▇▇▇▇▇▇▇ agrees to be responsible for any and all claims and cost incurred in resolving said exceptions. ▇▇▇▇▇▇▇ shall acknowledge all claims within thirty (30) days from receipt and indicate what, if any additional documentary evidence is required to resolve the claim. UTB agrees to assist ▇▇▇▇▇▇▇ in resolving, or reducing ▇▇▇▇▇▇▇’s claim whenever possible. Carrier 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 either pay UTB directly or allow UTB to deduct from any amount UTB owes Carrier the amount of Customer’s full actual loss or the amount of determined Carrier liability. All claims that are not resolved within ninety (90) days May be subject to binding arbitration under modified procedures established by the Transportation Lawyers Association at the election of UTB or physical its customers. ▇▇▇▇▇▇▇ 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 parties. Broker recognizes the Carrier’s right to salvage, and ▇▇▇▇▇▇▇ recognizes the Customer’s right to control the disposition of its goods. Carrier waives any and all right of salvage or resale of any 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 any salvage markets, employee store, or any 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 returned to Customer and salvaged by Customer, Carrier shall receive a credit for the actual salvage value of such goods. Return transportation charges will be borne by the party responsible for 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 apportioned under the process set forth in terms of the damages. Shipper may condition salvage upon the removal of all identifying 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 the lading but to scrap it instead, Carrier will be entitled to an offset for the amount the lading reasonably could have realized at salvageparagraphs above.

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 a. ▇▇▇▇▇▇▇ Amendmentagrees 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, 49 U.S.C. 14706at the time of pick-up, except the interstate or state registration of, operating authority required to transport the cargo to the extent such loss or damage is caused by an act of God or a public enemyrequired destination, a public authority, an act of Shipper, Carrier shall not accept any cargo (or the inherent vice or nature corresponding Load Confirmation) and shall immediately inform C&K of the lading. Carrier's possession of lading under this Agreement operating authority or registration deficiency. Carrier 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 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 ladingreceiving Load Confirmations, Carrier’s liability 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 be under COGSA and not the control. ▇▇▇▇▇▇▇ Amendmentagrees 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. In such eventCarrier 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 for the full, actual value of the ocean carrier that apply 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 Carrier. Carrier's monetary liability will be limited Customers, possess exclusive authority to make a final determination regarding the amount appropriate remedy for such delay, delivery error, damage, loss, depletion, or rejection, including, without limitation, the method for disposition or salvage of cargo insurance provided in Section 5 abovesuch cargo. If Shipper asserts that the value of lading on a particular shipment shall exceed this amountcargo has been damaged, Carrier shall be advised twenty-four (24) hours before responsible for identifying opportunities to salvage or otherwise dispose of such cargo, and shall have the time of tendering a loadresponsibility to take all steps reasonably necessary to maximize the value received in such salvage or disposition. Carrier may refuse shall consult with C&K or Customer while making arrangements for the load salvage 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 deliverydisposition, and a civil suit shall not complete any salvage or arbitration proceeding shall be commenced by Shipper within two (2) years disposition without first receiving written authorization from the date Carrier gives Shipper written notice Carrier is disallowing the claim C&K or any part of itCustomer. 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 Title to the such cargo shall be the invoice value of the lading, remain with Customer until such authorization has been received and such salvage 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 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 the lading but to scrap it instead, Carrier will be entitled to an offset for the amount the lading reasonably could have realized at salvagedisposition has occurred.