Cargo Loss Clause Samples
POPULAR SAMPLE Copied 1 times
Cargo Loss. CARRIER shall be liable to BROKER for the full actual value of any loss, damage or injury to shipments tendered to it for transportation, except insofar and to the extent that such loss, damage, or injury shall have resulted from the causes excepted in the straight Bill of Lading published in the National Motor Freight Classification, the terms of which are incorporated by reference. BROKER shall file any claim arising under this paragraph with CARRIER within nine (9) months of the delivery or loss of the shipment and bring suit within two (2) years from the date of any claim's declination. In the event BROKER shall fail to comply with these time limits, the claim that is not timely filed shall be barred and CARRIER shall have no liability to BROKER for the loss alleged. CARRIER shall perform the transportation contemplated by this Agreement as an independent contractor, and neither its employees nor its agents shall be deemed to be those of the BROKER. CARRIER shall be responsible for the procuring and operating the vehicles and the employment, hiring, training, supervising, and controlling its drivers and helpers. CARRIER shall be responsible for the safe and lawful operation of the vehicles used in the performance of the transportation contemplated by this Agreement and shall hold BROKER harmless for any penalties, fines, assessments, claims, or judgments resulting from the operation of the vehicles. CARRIER shall bear the costs and expenses of furnishing all fuel, oil, tires, and any other parts, supplies and equipment, necessary or required for the safe operation and maintenance of the equipment. CARRIER shall bear all expenses, including the expense of road service and repair in connection with the use and operation of the equipment and shall bear the cost and expense of maintaining the equipment in good repair and mechanical condition. A Uniform Freight Documentation form or Rate Confirmation Sheet may be utilized by the Parties. The terms and conditions of this Agreement shall prevail over those appearing on that form or any other form(s) used by the Parties for the delivery of freight. Any form(s) used by the Parties shall only be used for the purpose of documenting the pick-up and delivery of freight. Either Party, at its option, may supply any document required by or referenced in this Agreement in either paper or electronic form (including, but not limited to, an electronically imaged, faxed, photocopied, or online posted version), and any such...
Cargo Loss. 7.1 ParcelPal be liable to Oco Meals for loss, damage, or injury to the shipment(s) while such shipment(s) are in the possession or under the control of ParcelPal (including its subcontractors or agents) or resulting from ParcelPal (including its subcontractors or agents) performance of or failure to properly perform the transportation services provided for in this agreement or arising from any cause while in the possession of or under the control of ParcelPal (including its negligence); provided, however, that ParcelPal shall not be liable for any loss, damage or injury arising out of the acts or omissions of Oco Meals’ fridge space or Oco Meals’s consignees, employees or subcontractors of either, Force Majeure Event, the inherent nature of the shipment, their packing or packaging or the loading and unloading of the shipments by Oco Meals.
7.2 Additionally, ParcelPal shall agree to credit Oco Meals a maximum of [***]in addition to the cost of a damaged/lost shipment for Oco Meals to preserve customer relationships in the event of a lost/damaged shipment.
7.3 All cargo loss credit requests must be submitted via email within [***] of occurrence to: [***]with: (a) Date, time and order number (b) Photo of damage (c) Any other relevant proof of claim
Cargo Loss. A. Carrier assumes the liability of an insurer for the prompt and safe transportation of the property entrusted to it's care and shall be responsible to Broker and Broker's customer for all loss or damage of whatsoever kind and nature and however caused to any and all property entrusted to Carrier under this contract, while the property transported remains in the care, custody or control of Carrier, of any other person to whom Carrier may have entrusted the property between the time the property is tendered to Carrier and before the property is delivered by Carrier as required under this Agreement.
B. Carrier shall be liable for the loss of, damage to, or the shortage of any shipment transported under this Agreement, or for the delay in the delivery of any shipment transported under this Agreement, if such loss, damage, shortage or delay results from Carrier’s negligence, or from collision, or overturning of the motor vehicle transporting such a shipment under this Agreement.
C. LOSS & DAMAGE CLAIMS:
i. Carrier shall comply with 49 C.F.R. 370.1 et seq. and any amendments and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage and
ii. Carrier’s liability for any cargo damage, loss, or theft from any cause shall be determined under the ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇.▇.▇. ▇▇▇▇▇; and
iii. Special Damages: Carrier’s indemnification liability for freight loss and damage claims shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by Carrier, and which shall not be limited by any liability of Carrier under sub par (ii) above.
iv. Except as provided in this Agreement, neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss and its approximate financial amount, and agreement to assume such responsibility in writing.
v. Notwithstanding the terms of 49 CFR 370.9, Carrier shall pay, decline or make settlement offer in writing on all cargo loss or damage claims within 45 days of receipt of the claim. Failure of Carrier to pay, decline or offer settlement within this 45 day period shall be deemed admission by Carrier of full liability for the amount claimed and a material breach of this Agreement.
Cargo Loss i. The carrier shall solely liable for loss or damage to any cargo transported under this agreement including loading or unloading if required). Such liability shall begin at the time the cargo is being loaded and conclude after the completion of the unloading of the freight.
ii. The Carrier shall notify KONINK of any delay, cargo damage, cargo spill, loss or contamination, accident or incident (including any violation of applicable laws or regulations) that occurs during the course of performing services hereunder.
Cargo Loss. The BROKER/CARRIER shall maintain property/casualty insurance and other liquid assets to cov- er the loss of any cargo for any reason while in the custody and control of the BROKER/CARRIER, with mini- mum coverage of $100,000.00 per occurrence. Cargo coverage must cover all types of commodities without exclusion. If BROKER/CARRIER carries a deductible or is self-insured for all or part, the BROKER/CARRIER and its owners personally, guaranty to make payment for any amount not covered by their insurance carrier within 7 days of a loss.
Cargo Loss any loss or destruction of Cargo that occurs while the Cargo is under LOOMIS’ sole care, custody and control or as otherwise described herein.