Common use of Making a Claim Clause in Contracts

Making a Claim. In the event of any loss or damage to Your Property, You must notify Brink’s in writing of your intention to bring a claim within twenty-four (24) hours after discovery of any loss of or damage to Your Property, but in no event more than within: • four (4) days of the agreed or anticipated date of delivery of Your Property, in the event of total loss of or non-delivery of Your Property; • seven (7) days following delivery of Your Property, in the event of partial loss of or damage to Your Property; • In the event that you do not notify Brink’s of your intention to bring a claim within the time limits herein, any claim shall be absolutely waived and barred. • In any event, any proceedings against Brink’s must be commenced and written notice thereof provided to Brink’s within one year of the event giving rise to the cause of action against Brink’s. If proceedings are not so commenced, the cause of action shall be absolutely barred and Brink’s shall be discharged from all and any liability whatsoever and howsoever arising. • You must retain the shipping carton and interior packaging for inspection by Brink’s (or other authorities) until the investigation has been completed by Brink’s. You must also surrender packaging upon request to Brink’s for further inspection by Brink’s or other authorities. You agree to fully cooperate with Brink's in the course of any investigation concerning a claim submitted by You. You shall ensure that You and the Consignee shall provide Brink’s with all the relevant material requested to investigate Your claim, including, but not limited to, invoices, stock lists, visitor log books, relevant CCTV footage, witness statements, names of parties involved and their contact details. Brink’s reserves the right to deny a claim for non-cooperation by You or the Consignee in the claim process. When Brink's pays or settles a claim, Brink's has the right to obtain all or part of any Property, which may be recovered; provided, however, You agree to accept recovered Property and return any payment made by Brink’s for such Property. Brink's must be notified in writing within ten (10) days of recovery of the Property. Brink's will inform You of its intent to exercise this right within fourteen (14) working days of receipt of Your notice of recovery.

Making a Claim. In the event of any loss or damage to Your Property, You must notify Brink’s in writing providing details of your intention to bring a any claim within twenty-four (24) hours after discovery of any loss of or damage to Your Property, but in no event more than within: • four three (43) days of following the agreed or anticipated date of delivery of Your Property, in Property per Your instructions or four (4) days following the event of total loss of or non-delivery of Your Property; • seven (7) days following delivery of Your PropertyProperty to Brink’s, in the event of partial loss of or damage whichever comes sooner. You hereby waive your claim unless You give notice to Your Property; • In the event that you do not notify Brink’s of your intention to bring a claim within the time limits hereinstated in this paragraph. Failure of Consignee to report damage, loss or non-receipt of a Shipment to You does not excuse You from complying with these notice provisions. The parties agree that any claim shall legal action or arbitration proceeding arising out of, in connection with, or relating to this Contract must be absolutely waived and barred. • In any event, any proceedings against formally commenced no later than three (3) months following the date upon which Brink’s must be commenced and written notice thereof provided to Brink’s within one year of the event giving rise to the cause of action against Brink’sor its Carrier received Your Property into its possession. If proceedings are not so commenced, the cause of action shall be absolutely barred and Brink’s shall be discharged from all and any liability whatsoever and howsoever arising. • You must retain the shipping carton and interior packaging for inspection by Brink’s (or other authorities) until the investigation has been completed by Brink’s. You must also surrender packaging upon request to Brink’s for further inspection by Brink’s or other authorities. You agree to fully full cooperate with Brink's in the course of any investigation concerning a claim submitted by You. You shall ensure that You and the Consignee shall provide Brink’s with all the relevant material requested to investigate Your claim, including, but not limited to, invoices, stock lists, visitor log books, relevant CCTV footage, witness statements, names of parties involved and their contact details. Brink’s reserves the right to deny a claim for non-cooperation by You or the Consignee in the claim process. When Brink's pays or settles a claim, Brink's has the right to obtain all or part of any Property, which may be recovered; provided, however, You agree to accept recovered Property and return any payment made by Brink’s for such Property. Brink's must be notified in writing writing, within ten (10) days of recovery of the Property. Brink's will inform You Customer of its intent to exercise this right within fourteen (14) working days of receipt of Your Customer’s notice of recovery.