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
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. CARRIER agrees that food that has been transported or offered for transport under conditions that are not in compliance with Shipper's or BROKER'S instructions, as provided to CARRIER by Shipper or BROKER, will be conclusively determined to be "adulterated" within the meaning of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 342 (i). CARRIER understands and agrees that adulterated shipments may be refused by the consignee or receiver, at destination without diminishing or affecting CARRIER'S liability in the event of a cargo claim. CARRIER shall not sell, salvage or attempt to sell or salvage any goods without the BROKER's express written permission; and
LOSS & DAMAGE CLAIMS i. CARRIER shall process each freight loss and damage claim it receives from a Participating BROKER, or any party entitled to recover against CARRIER for the same, pursuant to 49 C.F.R. §370.1 et seq., and any amendments thereto; and
LOSS & DAMAGE CLAIMS. The following are agreed to be conditions precedent to any recovery from Customer for loss/damage to or in connection with the goods. There shall be no right to recover until all amounts due to the Operator have been paid in full. The goods must be carefully inspected by Customer immediately upon completion of terminal services and delivery (prior to the request for the Electronic/Manual Gate Pass Out) from Operator and any loss/damage evident at such time must be identified to Operator in writing and with particularity. Unless written notice of loss/damage and the general nature thereof is given in writing to Operator upon completion of terminal services and delivery of the goods from Operator, or within three (3) days thereafter if the loss/damage is not apparent at such time, delivery of goods from Operator shall be prima facie evidence of the delivery from Operator in good order, count and condition. In the event of goods which have been delayed, lost or otherwise not delivered by Operator as contemplated, Operator must be given written notice of such delay, loss or non-delivery within fifteen (15) days from the date upon which the goods should have been so delivered. Operator shall have a reasonable opportunity to inspect the goods, including their packing, packaging, etc., in the same condition as upon completion of terminal services and before any repair, alteration or destruction. Operator will accept no responsibility for concealed damage nor for condition of packages, cases or other container whether or not receipts issued so state. No responsibility shall be accepted beyond what is stated in the interchange report. Interchange report 1 – -VGT Tally Sheet/Vessel Damage Notification Report Interchange report 2 – Electronic/Manual Gate Pass out In any event, Operator shall be forever discharged from liability for any loss/damage to or in connection with the goods unless a claim in writing is given to the Operator not later than six (6) months after date on which the goods are accepted by the Operator, giving such particulars of the claim as may be reasonably necessary, and the action is commenced within twelve months from the date aforesaid as provided in the Ports and Shipping Act.
LOSS & DAMAGE CLAIMS a) CARRIER shall comply with 49 C. F. R. $1005 and any amendments and/or any other applicable regulations issued or adopted by the Federal Highway Administration, U. S. Department of Transportation or FMCSA, for processing all loss and damage claims and salvage, which arise out of the discharge of CARRIER’S duties and responsibilities hereunder; and
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 Xxxxxxx Amendment, 49 U.S.C. §14706; and (iii) Special Damages: CARRIER’s indemnification liability (Par 1.H) for freight loss and damage claims under this (sub par C) (ii) 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 Subp. (ii) above. (iv) Except as provided in Par 1.E above, 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 2 days of receipt of the claim. Failure of CARRIER to pay, decline or offer settlement within this 2-day period shall be deemed admission by CARRIER of full liability for the amount claimed and a material breach of this Agreement. (vi) CARRIER’s liability for cargo damage, loss, or theft from any cause for any one shipment, under Subp. (ii) above shall not exceed $1,000,000 unless CARRIER is notified by BROKER or Shipper of the increased value 1 day prior to shipment pick up.
LOSS & DAMAGE CLAIMS. (i) Except as otherwise provided herein, CARRIER shall comply with 49
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. CARRIER shall assume liability as a common carrier to the BROKER for loss, damage to, and/or destruction of any and all property transported under this agreement. Such liability shall begin at the time that cargo is loaded upon CARRIER’s equipment at the point of origin, and continue until said cargo is delivered to the designated consignee at the destination, or to any intermediate stop off party. The liability shall be for the full value of the item, which shall be understood to mean the replacement cost of the lost or damaged item(s). Carrier shall waive any and all right of salvage or resale of any damaged freight. Carrier shall promptly return or dispose, at Carrier’s cost, and at Broker’s Customer’s sole discretion, the damaged good, to the location specified by Broker’s Customer. In the event that damaged goods are returned to Broker’s Customer and salvaged by Broker’s Customer, then Carrier shall receive credit for the actual salvage of such goods.
LOSS & DAMAGE CLAIMS. CARRIER shall issue a xxxx of lading in compliance with 49 U.S.C. § 80101 et seq., 49C.F.R. § 373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become fully responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a xxxx of lading has been issued, and/or signed, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the xxxx of lading or delivery receipt. Additionally:
LOSS & DAMAGE CLAIMS. (i)CARRIER agrees that food that has been transported or offered for transport under conditions that are not in compliance with the applicable laws, regulations, industry best practices, or Shipper’s, BROKER’s, BROKER’s customer’s or any other person’s instructions, as provided to CARRIER by such person, will be considered "unsalvageable". XXXXXXX understands and agrees that such shipments may be refused by the consignee or receiver, at destination without diminishing or affecting CARRIER’S liability in the event of a cargo claim. CARRIER shall not sell, salvage or attempt to sell or salvage any goods without the BROKER’s express written permission; and
