Common use of Cargo Liability Clause in Contracts

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. (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 ▇▇▇▇ 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.