Cargo Claims Clause Samples

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Cargo Claims. CONTRACTOR shall immediately report to CARRIER, in accordance with Section 10, all potential and actual cargo claims, including but not limited to all claimed delay, shortages, overages, damages or other exceptions to the cargo. If possible, CONTRACTOR agrees to notify CARRIER of all cargo claims before leaving the Customer’s location. In accordance with Sections 11(a)(i)-(ii) of this Agreement, CONTRACTOR shall indemnify CARRIER for each cargo claim, including but not limited to delay, shortages, misdelivery, loss, damage, or contamination arising out of or relating to CONTRACTOR’s services. For each claim for CARRIER Damages (as defined in Section 11(a)(i) of this Agreement) related to cargo loss or damage, CONTRACTOR shall be liable to CARRIER for the amount of CARRIER Damages that CARRIER paid or otherwise incurred, subject to a limit of $5,000.00 for each claim (only if such limit is applicable under Section 11(a)(ii) of this Agreement). As indicated in Section 11(a)(ii), such dollar-amount limit shall not apply to CARRIER Damages arising out of or relating to any of CONTRACTOR’s workers’ (including CONTRACTOR’s agents’ or employees’) gross negligence, willful misconduct. CONTRACTOR authorizes CARRIER, after CARRIER’s investigation, to deduct ▇▇ ▇▇▇▇rwise re▇▇▇▇▇ ▇ny such amounts. Before deducting any claim from CONTRACTOR’s compensation, CARRIER shall provide CONTRACTOR with a written explanation and itemization for each such claim.
Cargo Claims. All claims for cargo loss, damage, delay, mis-delivery, or non-delivery (“Cargo Claims”) are governed by American Group’s Cargo Loss and Damage Terms and Conditions (“Cargo Claim Terms”) found at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/existing- clients/, which are fully incorporated herein by reference and made a part hereof. In the event of any conflict between these Terms and Conditions and American Group’s Cargo Claim Terms relating to Cargo Claims, the Cargo Claim Terms will govern. American Group will provide notification on its website at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/existing-clients/ and/or by email of any modifications or updates to the Cargo Claim Terms. Continued use of American Group’s Services, acceptance of the Cargo Claim Terms on American Group’s web page, its tender of any shipment to American Group for performance of the Services hereunder or the execution of the bill of lading, the American Group credit application, the American Group credit card authorization form, or any other acknowledgment by Customer after notification of any change in the Cargo Claim Terms constitutes acceptance of such changes and it will signify that Customer agrees to abide by and be bound by the modified Cargo Claim Terms.
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. All claims shall apply as in accordance to the Warsaw Convention (IATA) and the ocean transport rules. Lost/damaged shipments through carrier´s transaction shall be traced and investigated immediately. Submissions of official claim letter to carriers are mandatory.
Cargo Claims. It is agreed between CSC and XXX that variation of quantity of cargo between B/L quantities (derived from the draft survey to be conducted at load port) and the delivery quantity at the Jetty of LVPS up to 0.5% shall be accepted as normal handling losses. All other claim (if any) shall be handled in accordance with the relevant Club rules.
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
Cargo Claims. Liability and Insurance of Cargo: The merchandises travel at cost and risk of our clients and are not insured by CFF/CGL unless we have received a written request to do so. In all of the operations of transporting our responsibility in no case and under no circumstances will exceed the liabilities assumed on behalf and by the involved / contracted train operators, airlines, navigation / steamship companies, surface (trucking) or any other intermediate intervening in the course of transportation. The freight charges remain subordinated of fluctuations of the tariffs by air, maritime and surface transportations and payable in the currency applied by the country of origin of the shipment. Our goal at Continental Freight Forwarding, Inc is to always provide the best service possible. In the unfortunate event a shipment is lost, damaged or destroyed, there are specific amounts that the carrier of choice that Continental Freight Forwarding, Inc. uses to move your cargo from point to point is considered liable for in regards to the value of your shipment. Based upon the shipment's value, standard valuations have been established and are used if the shipper does not indicate Shipper's Insurance is requested at time of pick up. Continental Freight Forwarding, Inc. acts as a worldwide air and ocean freight consolidator and forwarder, with an additional focus on neutral consolidation, cargo handling and customs brokerage is available. Continental Freight Forwarding, Inc has an excellent facility, which generally outperforms warehouses available in the Miami area. Combined with the IT infrastructure, we ensure top performance in expedited domestic shipments and documentation, international export shipments and documentation along with import shipments and clearances if required. Continental Freight Forwarding, Inc. strategy is based on the following aspects: o Strong network of Domestic and International agents and consolidators o Excellent Service offered by our employees with vase knowledge of the logistic industry o Timely and courteous service o Emphasis on communication, efficiency and financial surety Continental Freight Forwarding, Inc. can provide you with ALL Risk Insurance coverage for transportation of the goods you will be shipping with us. I highly suggest this option as this insures that any damage, loss or pilferage will be covered. IF no insurance is advised at time of pick up please understand that the physical warehouse is only while physically at ou...
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. 12.1. The issuer of the contract of carriage or the deemed contract of carriage shall process all cargo claims arising thereunder. 12.2. Without prejudice to the Charterer’s rights arising under or out of this Charter Party (including claims for or relating to General Average and/or salvage contribution by Charterer), the Charterer undertakes that no claim or allegation shall be made against the Owner or any servant, agent or sub-contractor of the Owner by any person whomsoever other than the Charterer which imposes or seeks to impose upon the Owner or any such servant, agent or sub-contractor or any Vessel owned or operated by them, any liability whatsoever in connection with the Goods and Containers the subject of this Charter Party (even if such liability arises wholly or in part by reason of the act, neglect or default of the Owner or of such servant, agent or sub-contractor) and in the event of any such claim or allegation nevertheless being made, the Charterer shall indemnify the Owner and such servant, agent or sub-contractor against all consequences whatsoever thereof. If requested to do so by the Owner, the Charterer shall, if possible, take over the handling and conduct of all such claims and litigation on behalf of the Owner without prejudice to the Charterer’s right of indemnity. 12.3. The Charterer shall not make any claim or allegation against any servant, agent or sub- contractor of the Owner, which imposes or attempts to impose on such servant, agent or sub-contractor any liability whatsoever in connection with the Goods and Containers the subject of this Charter Party (even if such liability arises wholly or in part by reason of the act, neglect or default of the Owner or of such servant, agent or sub-contractor), and, in the event of any such claim or allegation nevertheless being made, the provisions of Clause 12.2 hereof shall apply as if such claim or allegation had been made by a person other than the Charterer. 12.4. Notwithstanding Clause 12.3, in circumstances where liability arises from or out of an act or omission of any servant, agent or sub-contractor of the Owner undertaken with intent to cause Losses or recklessly and with knowledge that Losses would likely result; or any action taken by any servant, agent or sub-contractor of the Owner outside the scope of any actual or ostensible authority (whether express or implied), the Charterer may proceed against such servant, agent or sub-contractor and the provisions of Clause 12.3 ...
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.