TIME LIMITS ON FREIGHT CLAIMS Sample Clauses

TIME LIMITS ON FREIGHT CLAIMS. Generally, the transportation providers require that freight claims be submitted to them in writing no later than nine months (180 days from the date the consignee is notified of the loss in the case of KCSM) after the date of delivery or in the case of a lost shipment, nine months after the expected delivery date (180 days from the date the consignee is notified of the loss in the case of KCSM). Motor transportation providers generally require that you initiate lawsuits on freight claims within two years after any portion of the claim is disallowed. Through the Intermodal Circulars, the rail transportation providers impose different time limits for initiating lawsuits on a freight claim, ranging from six months after disallowance to eighteen months after delivery. The transportation providers will not pay freight claims that do not meet these time limits. Should our customer wish for us to seek recovery for freight loss or damage from the underlying transportation provider or believe that we are directly liable for a freight claim, as a condition precedent to recovery, the customer must submit the claim to our freight claims department within seven months of date of delivery or in the case of a lost shipment, within seven months of the expected delivery date. The claim should include the information set forth below. If the freight claim is not timely filed, we and the underlying transportation providers may consider your failure to timely file the claim as a release by you of us and the underlying transportation providers from responsibility to pay that freight claim, and your claim may be declined. After expiration of these time periods, you may proceed by filing the written claim directly with the applicable transportation provider, but we have no responsibility for the timeliness of the filing or the payment or processing of that claim. Should our customer believe that we are directly liable for a freight claim that has not been resolved, as a condition precedent to recovery, the customer must institute an arbitration proceeding against us to recover on a claim for damage or loss of freight transported within five (5) months from the date of the original written disallowance of the claim or any portion of it from us or the underlying transportation provider. The same time limit will apply to any lawsuit brought by the customer. If the suit or arbitration on a freight claim is not timely initiated, we will consider your failure to timely file the claim ...
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Related to TIME LIMITS ON FREIGHT CLAIMS

  • Time Limits on Claims Claims by either party must be made within twenty-one (21) days after occurrence of the event giving rise to such Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by written notice and include all facts and detailed cost data substantiating the Claim. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner.

  • Time limit for claims No Indemnified Party may make a Claim for indemnification under Section 6.1 in respect of any Claim unless notice in writing of the Claim, incorporating a statement setting out in reasonable detail the grounds on which the Claim is based, has been given by the Indemnified Party prior to the expiration of the applicable Survival Period as set forth in Part VI of Appendix B.

  • Product Warranty Claims When we receive a valid warranty claim for an HP hardware or software product, HP will either repair the relevant defect or replace the product. If HP is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to HP (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. HP will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to HP.

  • Right to Stop Payment and Procedure for Doing So If you have told us in advance to make regular payments out of your account, you can stop any of these payments by calling or writing us at the telephone number or address referenced below in this disclosure in time for us to receive your request three (3) business days or more before a payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. We will charge you according to the Schedule of Fees provided to you earlier in other documentation furnished when you opened your account(s) for each stop payment order you give.

  • Rollovers of Settlement Payments From Bankrupt Airlines If you are a qualified airline employee who has received a qualified airline settlement payment from a commercial airline carrier under the approval of an order of a federal bankruptcy court, you are allowed to roll over up to 90 percent of the proceeds to your Traditional IRA, within 180 days after receipt of such amount, or by a later date if extended by federal law. If you make such a rollover contribution, you may exclude the amount rolled over from your gross income in the taxable year in which the airline settlement payment was paid to you. If you are a qualified airline employee who has received a qualified airline settlement payment from a commercial airline carrier under the approval of an order of a federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, you are allowed to roll over any portion of the proceeds into your Xxxx XXX within 180 days after receipt of such amount, or by a later date if extended by federal law. For further detailed information and effective dates you may obtain IRS Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs), from the IRS or refer to the IRS website at xxx.xxx.xxx.

  • CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his / her employees, agents or others for whose acts he / she is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.

  • Submitting False Claims; Monetary Penalties The AOC shall be entitled to remedy any false claims, as defined in California Government Code section 12650 et seq., made to the AOC by the Contractor or any Subcontractor under the standards set forth in Government Code section 12650 et seq. Any Contractor or Subcontractor who submits a false claim shall be liable to the AOC for three times the amount of damages that the AOC sustains because of the false claim. A Contractor or Subcontractor who submits a false claim shall also be liable to the AOC for (a) the costs, including attorney fees, of a civil action brought to recover any of those penalties or damages, and (b) a civil penalty of up to $10,000 for each false claim.

  • Indemnification for Certain Claims The Party providing services hereunder, its affiliates and its parent company, shall be indemnified, defended and held harmless by the Party receiving services hereunder against any claim, loss or damage arising from the receiving company’s use of the services provided under this Agreement pertaining to (1) claims for libel, slander or invasion of privacy arising from the content of the receiving company’s own communications, or (2) any claim, loss or damage claimed by the End User of the Party receiving services arising from such company’s use or reliance on the providing company’s services, actions, duties, or obligations arising out of this Agreement.

  • Exclusion de garanties A. Si vous êtes un client qui est un consommateur (quelqu’un qui utilise le Logiciel Apple en dehors de son commerce, son entreprise ou sa profession), il se peut que vous bénéficiez, dans votre pays de résidence, de droits selon lesquels les limitations suivantes ne s’appliqueraient pas à vous.Dans les pays où ces limitations sont interdites, elles ne s’appliquent pas. Pour en savoir plus sur vos droits, prenez contact avec un organisme local de conseil aux consommateurs.

  • Claims Conditions a. In the event You incur a loss You must notify Us by providing the following:

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