Liability for Loss or Damage of Freight

Forwarder shall not be liable for loss of or damage to freight except as provided herein. Unless the loss or damage is the direct result of negligence of Forwarder or its employees, Forwarder shall not be liable. Negligence of underlying Carriers shall not be imputed to Forwarder.

In no event shall Forwarder be liable for special, consequential, or punitive damages, or for any amount in excess of actual damage to or loss of the commodity transported subject to the limitations of liability and/or maximum declared values set forth below. No claim under the minimum claim threshold amount of $300.00 shall be filed against Forwarder or Forwarder’s underlying Carriers.

All freight should be packaged to withstand the rigors of cross-dock handling and motor transport. The Customer is responsible for complying with all rules, regulations, and recommendations relating to the packaging, loading, blocking, and bracing of commodities as contained herein and National Motor Freight Classifications (NMFC) publications.

Matters relating to loss or damage claims and suits against underlying Carriers that are not covered by these Governing Rules & Provisions, or the applicable tariff or other governing publications of the Carriers are governed by the Uniform Straight Bill of Lading regardless of the terms on the actual bill of lading used.

In the event there is partial loss or damage to a shipment that does not render it worthless, it is the duty of the Consignor to arrange for acceptance of the freight in its damaged condition. The Customer, Consignor, Consignee and/or Beneficial Owner must mitigate the loss of damage and may file a claim only for the amount of damage sustained, subject to any other claim provisions. Shipments that have been only partially damaged and that retain a substantial value may not be abandoned to the Carrier.

Forwarder does not accept certain goods for transportation or distribution as set forth in the “Prohibited Articles” Section. Forwarder assumes no liability whatsoever for such goods if tendered to Forwarder in violation of these Governing Rules & Provisions. Additionally, liquidated damage provisions may apply if prohibited articles are tendered to Forwarder – see Hazardous Materials section.