Common use of Presenting Claims Clause in Contracts

Presenting Claims. Subject to the provisions of paragraph 8, the following limitations shall apply to the presentation of claims. Unless otherwise provided by Florida or federal law, the Company shall not be liable for any act, omission, or default by the Company in connection with a Shipment unless a claim therefor shall be presented to such the Company at the Company’s office within thirty (30) days, and in the case of perishable cargo, two (2) days from delivery date. Notwithstanding anything in the previous sentence, if the Shipment is covered by a airway bill or bill of lading, the terms and conditions of the airway bill or bill of lading shall apply, specifically including, but not limited to, the time periods set forth therein for presenting written claims for damage, loss, or non-delivery or any other act, omission, or default by the Company in connection with a Shipment. All claims presented to the Company must include a written statement to which sworn proof of claim shall be attached. Notwithstanding the foregoing, no suit to recover for any claim or demand hereunder shall in any event be maintained against the Company unless instituted within six (6) months after presentation of a claim or within the time period specified in the terms and conditions of the airway bill or bill of lading governing the shipment, whichever is longer. No agent or employee of the Company shall have authority to alter or waive any of the provisions of this clause.

Appears in 1 contract

Sources: Terms and Conditions of Service

Presenting Claims. Subject to the provisions of paragraph 8, the following limitations shall apply to the presentation of claims. Unless otherwise provided by Florida or federal law, the Company shall not be liable for any act, omission, or default by the Company in connection with a Shipment unless a claim therefor shall be presented to such the Company at the Company’s office within thirty (30) days, ; and in the case of perishable cargo, two (2) days from delivery date. Notwithstanding anything in the previous sentence, if the Shipment is covered by a an airway bill or bill of lading, the terms and conditions of the airway bill or bill of lading shall apply, specifically specially including, but not limited to, the time periods set forth therein for presenting written claims for damage, loss, or non-delivery or any other act, omission, or default by the Company in connection with a Shipment. All claims presented to the Company must include a written statement to which sworn proof of claim shall be attached. Notwithstanding the foregoing, no suit to recover for any claim or demand hereunder shall in any event be maintained against the Company unless instituted within with six (6) months after presentation of a claim or within the time period specified specific in the terms and conditions of the airway bill or bill of lading governing the shipment, whichever is longer. No agent or employee of the Company shall have authority to alter or waive any of the provisions of this clause.clause/

Appears in 1 contract

Sources: Terms & Conditions of Service