Liability of the Carriers. Xxxxxx will select only Motor Carriers, in the transportation of cargo hereunder in the United States and Canada, that agree (1) to assume the liability of a common carrier for full actual loss of cargo, subject to the provisions of the 49 U.S.C. 14706 (or successor regulation to such Xxxxxxx Amendment), up to a maximum liability of $100,000 per container or trailer; and (2) that any exclusions in the Motor Carrier’s insurance shall not exonerate the Motor Carrier from liability for cargo loss and damage. The liability of Rail Carriers will be governed by the applicable Rail Circulars.9 Both Rail and Motor Carriers will agree to process and pay cargo claims in accordance with and subject to 49 CFR §1005 and 370, respectively. The Carriers’ cargo liability for any one shipment shall not exceed the amounts described above, unless Broker is notified by Shipper of the increased value prior to shipment pickup and with reasonable advance notice and Broker and/or the Carrier have accepted the increased liability and procured the additional insurance coverage.10 Shipper will not submit claims for cargo loss or damage amounting to less than $250.11
Liability of the Carriers. ASI will cause the Motor Carriers, in the transportation of all cargo hereunder, to assume the liability of a common carrier for full actual loss of cargo, subject to the provisions of the Xxxxxxx Amendment and 49 CFR Part 370 (claim regulations), subject to applicable limitations of liability which will be no less than $200,000 per container or trailer. The Rail Carriers will process and pay cargo claims in accordance with and subject to 49 C.F.R. 1005 and their respective circulars, tariffs, directories and policies as in effect at the time of the cargo loss or damage (each a “Rail Circular”). Generally, the Rail Carriers have established a maximum limit on their liability of $250,000 per container or trailer, and some Rail Carriers have also established per package limits of liability. More information about the Rail Circulars may be obtained from ASI’s Director of Freight Claims in Orland Park.
