Common use of S CARGO LIABILITY Clause in Contracts

S CARGO LIABILITY. Carrier assumes liability as a common carrier for loss, damage to or destruction of any and all of Customer’s goods or property while under Carrier’s care, custody or control. Carrier shall inspect each load at the time it is tendered to Carrier to assure its condition. If Carrier is tendered a load which is not in suitable condition, it shall notify Broker, immediately. Cargo which has been tendered to Carrier intact and released by Carrier in a damaged condition, or lost or destroyed subsequent to such tender to Carrier, shall be conclusively presumed to have been lost, damaged or destroyed by Carrier unless Carrier can establish otherwise by clear and convincing evidence. Carrier shall either pay Broker, directly or allow Broker, to deduct from the amount Broker, owes Carrier, Customer’s full actual loss, or the amount determined by Broker, and Carrier to be Carrier’s responsibility. Broker, shall deduct from the amount Broker, otherwise owes Carrier, the Customer’s full actual loss of all claims that are not resolved within ninety (90) days of the date of the claim. ▇▇▇▇▇▇▇ agrees to indemnify ▇▇▇▇▇▇, for any payments made hereunder.

Appears in 4 contracts

Sources: Broker Carrier Agreement, Broker Carrier Agreement, Broker Carrier Agreement

S CARGO LIABILITY. Carrier assumes liability as a common carrier for loss, damage to or destruction of any and all of Customer’s goods or property while under Carrier’s care, custody or control. Carrier shall inspect each load at the time it is tendered to Carrier to assure its condition. If Carrier is tendered a load which is not in suitable condition, it shall notify Broker, immediately. Cargo which has been tendered to Carrier intact and released by Carrier in a damaged condition, or lost or destroyed subsequent to such tender to Carrier, shall be conclusively presumed to have been lost, damaged or destroyed by Carrier unless Carrier can establish otherwise by clear and convincing evidence. Carrier shall either pay Broker, directly or allow Broker, to deduct from the amount Broker, owes Carrier, Customer’s full actual loss, or the amount determined by Broker, and Carrier to be Carrier’s responsibility. Broker, shall deduct from the amount Broker, otherwise owes Carrier, the Customer’s full actual loss of all claims that are not resolved within ninety (90) days of the date of the claim. ▇▇▇▇▇▇▇ agrees to indemnify ▇▇▇▇▇▇, for any payments made hereunder.amount

Appears in 1 contract

Sources: Broker Carrier Agreement