Product Damage Clause Samples
The Product Damage clause defines the responsibilities and procedures related to products that are damaged during delivery, storage, or use. Typically, this clause outlines who bears the risk of loss or damage at various stages, such as whether the seller or buyer is responsible once the product leaves the seller’s facility or upon receipt by the buyer. It may also specify the process for reporting damage, timeframes for notification, and remedies such as repair, replacement, or refund. The core function of this clause is to allocate risk and clarify the steps to be taken in the event of product damage, thereby reducing disputes and ensuring both parties understand their obligations.
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Product Damage. Distributor shall notify the Company in writing within **** should any damage occur to Products while in the possession of Distributor by such occurrences as fire or flood. In order to preserve the quality and integrity of the Licensed Trademarks, before disposing of any such damaged Products, whether according to the terms of Distributor’s insurance policies or otherwise, all Licensed Trademarks must be removed from the packages and containers.
Product Damage. A. Regardless of the points of origin, destination or location of the Services, Carrier shall pay Broker for Product Damage (as defined in Section 7(h)). Irrespective of any provisions in Carrier’s tariffs, service guides or similar publications, Carrier's liability for Product Damage will be determined solely by the terms of this Agreement. Any attempts to limit Carrier’s liability by tariff or other provisions incorporated by reference in a BOL or other shipping document or otherwise are void. Product Damage will be conclusively deemed to have been caused by the Carrier’s negligence if Products were tendered to the Carrier in good order and condition, and subsequently delivered by the Carrier with Product Damage. Carrier’s acceptance of Products for transportation will be deemed to occur at the time the Products, or any portion of the Products, are loaded into the Equipment. ▇▇▇▇▇▇▇’s acceptance of theProducts for transportation is ▇▇▇▇▇▇▇’s acknowledgement and agreement that the Products are in good quality and condition.
B. Claims against Carrier for Product Damage will be governed by 49 C.F.R. Part 370 or any applicable successor regulations in effect on the date Carrier accepts the shipment, or as set out in the Exhibits attached to this Addendum.
C. If Products suffer any Product Damage caused by a Carrier, Carrier shall pay Broker the result of: (i) the Product’s Full Value (as defined in Section 11(i)); minus (ii) any salvage that Shipper, in its reasonable discretion, obtains for the Products. Carrier shall pay Broker for Product Damage regardless of whether Carrier was able to recover for that Product Damage from any other third party.
▇. ▇▇▇▇▇▇▇ shall email a written acknowledgment of each claim for Product Damage to Broker no later than 30 days after ▇▇▇▇▇▇▇ receives that claim at the following email address: ▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ Carrier shall receive and administer all claims for Product Damage submitted by ▇▇▇▇▇▇. ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ shall make good faith efforts to settle all claims for Product Damage no later than 30 days after ▇▇▇▇▇▇ receives ▇▇▇▇▇▇▇’s written acknowledgement, unless otherwise agreed to in writing by the parties. Carrier shall not make payment of any claim for Product Damage contingent upon reimbursement or a promise of reimbursement of the amount of the claim for Product Damage from any other involved person or entity.
E. Under no circumstance shall Carrier: (i) sell or otherwise dispose of the Products for offset or otherw...
Product Damage. Employees causing any damage must abide by the following procedure. If product damage occurs, the employee must remove the damaged product to the designated area, and the area where the damage occurred must be cleaned immediately. These incidents must be dealt with in accordance with the company’s Damage Goods Procedure and reported to the immediate supervisor or manager. If damages are not reported this may result in employee counselling or termination of employment on the grounds of misconduct
Product Damage. Employees causing any damage must abide by the following procedure. If product damage occurs, the employee must remove the damaged product to the designated area, and the area where the damage occurred must be cleaned immediately. These incidents must be dealt with in accordance with the Company’s Damaged Goods Procedure and reported to the immediate Supervisor or Manager. If damages are not reported this may result in employee counselling or termination of employment on the grounds of misconduct. Plant, Property and Equipment – Employees must report all accidents or near misses they are involved in resulting in damage or near damage o buildings, forklifts, equipment and stock, to their Supervisor or Manager. Failure to report damages may result in employee counselling or termination of employment on the grounds of dismis ▇▇▇.