Claims, Loss and Damage

Except as otherwise indicated the provisions of this schedule shall be governed by 49 C.F.R. Sec. 370. Under any circumstances it is the obligation of every party to the transaction, including but not limited to the Consignor, Motor Carrier, Forwarder and Consignee to mitigate all loss and damage. The Consignor and Consignee shall make every reasonable attempt to reduce the claim or loss to the Forwarder and Carrier(s) performing the service. 
 

  • Claims for loss and damage shall be subject to the terms and conditions set forth in this Schedule including, but not limited to, provisions relating to Marking Shipments and Product, Packaging Requirements, Packing and Packaging Shortages and Protected Service. Overages, if refused, will be subject to the provision relating to Refused Shipments.
  •  In the event of a shortage, the Shipper shall perform an itemized product inventory, recheck order filling tickets and take other necessary steps to determine if shortages are created by shipping errors.
  • Fully receipted shipments will be considered complete and in good condition and shall not be subject to claims against the Forwarder regardless of any notations to the contrary on the delivery receipt.
  • Damaged or off condition product shall be refused to the Shipper in care of the Forwarder. Precise, factual notations must be made on the delivery receipt as to the nature of damage. Exact internal and external product temperatures and the number of shipping units affected shall be determined throughout the entire shipment and so noted. Temperature readings shall only be accepted when made by calibrated testing equipment indicating the actual core product temperature.
  • Judgmental, speculative and incomplete notations will not be accepted without proper investigation.
  • Product claim values shall be subject to the provisions concerning Forwarder Liability. Further, claims are accepted for actual manufactured cost of loss only, less prorated transportation costs paid to Forwarder. Claims are not subject to loss of sales, loss of market, costs to expedite reshipment or any other fees, fines or penalties.