Cargo Claims. Cargo claims as between the Owners and the Charterers shall be settled in accordance with the Inter-Club New York Produce Exchange Agreement of February 1970 as amended September 1996 as attached.
Cargo Claims. Contractor shall immediately report all cargo claims, including all shortages, overages or other exceptions to the cargo, to Carrier. Contractor shall be liable for, and Carrier shall charge back to Contractor, the first $1000.00 of each cargo claim, including but not limited to, shortage, loss, damage and misdelivery arising out of or in connection with Contractor’s services. The dollar limit in this paragraph shall not apply to damages arising out of or in connection with such claims if involving Contractor’s (including contractor’s agents ‘or employees’) gross negligence, willful misconduct, breach of this Agreement, or other culpable acts or omissions. Before deducting any cargo claim from Contractor’s compensation, Carrier shall provide Contractor with a written explanation and itemization for each such claim.
Cargo Claims. CONTRACTOR shall immediately report all cargo claims, including all shortages, overages, or other exceptions to the cargo, to CARRIER. CONTRACTOR’s indemnity obligation to CARRIER under Sections 13(a) and (b) of this Agreement shall apply to each cargo claim, including but not limited to, delay, shortages, misdelivery, and any direct damage claim relating to lost, damaged or contaminated loads, arising out of, or in connection with CONTRACTOR’s services.
Cargo Claims. Contractor agrees to immediately report all cargo claims to Carrier, including all claimed shortages, overages, damages, or other ex- ceptions to the cargo. If possible, Contractor agrees to notify Car- rier of all cargo claims before leaving the Customer’s or con- signee’s location. Contractor’s indemnity obligation to Carrier un- der Sections 15.1 and 15.2 of this Agreement will apply to each cargo claim, including but not limited to delay, shortages, misde- livery, and any direct damage claim relating to lost, damaged, or contaminated loads arising out of or relating to Contractor’s ser- vices. Contractor authorizes Carrier to deduct or otherwise recover any such amounts.
Cargo Claims. CARRIER shall issue (or execute) a xxxx of lading in compliance with 49 U.S.C. § 80101 et seq., 49 C.F.R. § 373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. CARRIER shall become liable for the full actual value of the freight when it takes and receives possession thereof, and the trailer(s) is loaded, regardless of weather a xxxx of loading has been issued, and/or signed, and/or delivered to CARRIER, and which responsibility and liability shall continue until delivery of the shipment to the consignee and the consignee and signs the xxxx of loading or delivery receipt. Any terms of the xxxx of lading (including but not limited to payment terms) inconsistent with the terms of this Agreement shall be null and the term of this Agreement shall apply. Failure to issue a xxxx of lading or sign a xxxx of loading acknowledging receipt of the cargo, by CARRIER, shall not affect the liability of CARRIER if it is established that CARRIER received the lading. 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. Except to the extent claimant demands market/retail value for its cargo claim, CARRIER’s liability for any cargo damage, loss, or theft from any cause shall be determined under the provisions and principles of the Xxxxxxx Amendment, 49 U.S.C. § 14706, which provides that CARRIER’s liability shall be for the full actual value of the damaged, lost, stolen, or delayed freight in conjunction with the provisions herein. CARRIER agrees that the receipt of a xxxx of lading shall be prima facia evidence of receipt of freight in good order and condition unless otherwise noted on the fact of the xxxx of loading. CARRIER shall be liable for the return of any refused product as determined by the shipper and/or consignee and shall be liable for any special, incidental or consequential damages as a result of the cargo claim. CARRIER is permitted salvage value to the extent salvage is permitted by the claimant or cargo owner, but under no circumstances is permitted to salvage or dispose of freight without written approval of BROKER. If salvage is not permitted by the claimant or cargo owner, CARRIER waives its right to salvage. CARRIER is not entitled to any damaged goods ...
Cargo Claims a) If any notice, information or claim is received by either party, or its servants or agents, that any shipment or cargo has been damaged, lost, short-landed or in any way affected, which may give rise to claims or liabilities, the receiving AGENT shall provide all necessary information to the sending party within 24 hours from the time of damage/loss acknowledgement. If the loss/damage or expense is caused by mistake/fault of the receiving AGENT, the receiving AGENT shall be liable for such loss/damage or expense.
Cargo Claims. Broker A will not under any circumstance bear liability for cargo loss or damage. Broker B will contractually require the servicing motor carrier to: (A) accept liability pursuant to 49 U.S.C. § 14706 subject to a limitation of $100,000 per shipment unless otherwise agreed to in writing by the Parties on a per-shipment basis prior to the applicable shipment; (B) adjudicate claims for loss of or damage to cargo in accordance with 49 C.F.R. Part 370; and (C) accept claims filed within nine (9) months and civil actions must be commenced within two (2) years. Broker B shall provide Broker A with immediate notice of any cargo loss or damage claims as well as any other claims arising out of this Agreement and will cooperate with each other in resolution of any such claim(s) and if shipper or Broker A determines shipper has a claim for cargo loss or damage against any carrier transporting a load whose transportation was arranged by Xxxxxx B will act as claims administrator for the claim and insure that the claim is filed with their hired carrier and processed in accordance with the 49 C.F.R. Part 370.
Cargo Claims. VERSANT does hereby agree to process and present to Carriers any claims for cargo loss or damage on behalf of SHIPPER, provided XXXXXXX gives timely notice of any such claim and provides all appropriate documentation of such loss or damage together with any necessary assignment of interest to VERSANT which satisfies Carrier’s requirements. In processing claims on behalf of SHIPPER it is understood and agreed that VERSANT is not a carrier and that VERSANT shall not be held liable for loss, damage or delay in the transportation of SHIPPER’S property unless caused by VERSANT’S negligent acts in the performance of this Agreement. VERSANT shall not be liable to SHIPPER, or anyone else for special, incidental, or consequential damages that relate to loss, damage or delay to a shipment. SHIPPER agrees to file claims for cargo loss or damage with VERSANT within nine (9) months from date of loss, shortage or damages, which for purposes of this Agreement shall be the delivery date or, in the event of non-delivery, the scheduled delivery date. SHIPPER must file any action against VERSANT in a court of law within two (2) years from the date the carrier or VERSANT provides written notice to SHIPPER that the carrier has disallowed any part of the claim subject to the notice.
Cargo Claims. Cargo claims to be settled in accordance with NYPE lnterclub Agreement and any amendments thereto. With respect to responsibility for cargo claims as between Owners and Charterers, the New York Produce Exchange Agreement (Interclub Agreement) as amended in 1996 (the so called Produce Fromula) shall apply. Charterers/Owners are not allowed to negotiate or settle any cargo (or other claims including fines) and are also not allowed to grant time extensions for those claims without having Owners/Charterers previous written approval of consent. It is understood that Owners/Charterers will keep each other properly and timely advised for all such claims and also will furnish each other with all relative documents and information in Owners/Charterers possession. Clause 99 - Sublet Charterers not to sublet the vessel to nigerians, haitians, nicaraguans, israeli, iraqui registered/based/controlled/owned/domiciled companies. Charterers also not to sublet vessel to the companies based / owned /registered / controlled / domiciled in the countries against whom u.n sanctions may be imposed time to time.
Cargo Claims. Cargo claims to be settled in accordance with NYPE Interclub Agreement and any amendments thereto. With respect to responsibility for cargo claims as between Owners and Charterers, the New York Produce Exchange Agreement: (Interclub Agreement) as amended in 1996 (the so called Produce Fromula) shall apply. Charterers/Owners are not allowed to negotiate or settle any cargo (or other claims including fines) and are also not allowed to grant time extensions for those claims without having Owners/Charterers previous written approval of consent. It is understood that Owners/Charterers will keep each other properly and timely advised for all such claims and also will furnish each other with all relative documents and information in Owners/Charterers possession.
