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Tariff No.20160101
Item 300: CARRIER LIABILITY AND RELEASED VALUE
a) Carrier’s liability for loss, damage, destruction or delay to cargo transported shall be that of a motor carrier as set forth in the Carmack Amendment currently codified at 49 U.S.C. § 14706 (Carmack), as amended from time to time, regardless of whether transport is interstate or intrastate, or involves foreign commerce. Unless a higher value is declared by Customer in accordance with the provisions herein and the additional freight charges applicable to such declaration have been paid, Carrier’s liability for loss, damage, or delay as to any shipment, regardless of cause, shall not exceed $100,000 per trailer or conveyance. Carrier must be notified at the time it agrees to transport cargo that a value in excess of $100,000 (but in any event, not exceeding $250,000) will be declared, and the amount that will be declared. The released value shall be valid (meaning Carrier’s $100,000 limitation of liability shall apply) unless Carrier has agreed in writing signed by an authorized representative to accept the cargo at the declared value. In order request such additional liability, the Customer must contact Carrier at (260) 399-4402 and make such request. If Carrier agrees to accept the additional liability, Carrier will provide a signed rate confirmation sheet acknowledging Carrier’s acceptance of increased liability and reflecting additional charges as set forth below. Carrier’s driver is not an authorized representative of Carrier for purposes of this provision, meaning that declaration of value on the bill of lading at the time of tender, without complying with the remaining provisions of this Item, is an insufficient method of declaring value. ii. The declared value must be clearly stated as such on the face of the rate confirmation and the bill of lading. iii. A charge of $.20 per $100 of declared value in excess of $100,000, in addition to all other charges, shall be assessed. iv. Declared values in excess of $250,000 shall not be accepted, and in the event Customer attempts to declare a value in excess of $250,000 per trailer or conveyance, Carrier’s liability shall continue to be limited to $100,000 per trailer or conveyance. d) Used or Reconditioned Equipment The foregoing notwithstanding, Carrier’s cargo liability on used or reconditioned equipment is limited to the lesser of the cost of repair, cost to replace, actual value, released value or declared value. In any event, Carrier cargo liability for such goods is limited to $.25 per pound per item up to $10,000 per trailer or conveyance unless excess value is declared and obtained in accordance with the foregoing provisions. Regardless of valuation, Carrier’s liability is limited to visual surface damage to external parts only and not to the electrical or mechanical condition of the unit, and will not be liable for any claims of diminished value or any other value not specifically set forth herein. The charge will be $.20 per $100.00 of value declared over $10,000 with a maximum limit of $50,000 valuation permissible. Shipments which unknowingly involve used or reconditioned equipment will still be governed by these terms regardless of other terms arranged. Freight will be considered reconditioned freight if it has been in previous service and was later reconditioned, regardless of the percentage or value of the new, unused, or reconditioned parts added during the reconditioning processes. e) The value of shipments involving documents (including checks, bonds, stock certificates, or any other negotiable or non-negotiable instrument), records and data records, without limitation as to the type, including but not limited to electronic or paper hard copy, shall be limited to the value of the actual media upon which it is contained. Further, no costs, expenses, or claims of any nature will be assumed or accepted which is associated with the replication, duplication or recreation of lost data or documentation. For example, in the case of paper documents the value shall be limited to the value of the paper. f) Regardless of commodity shipped or valuation, all transportation charges must be paid in full before any settlement for a claim for loss or damage will be made. No payor or other party with an interest in a shipment may deduct or offset any cargo loss, damage, or delay claims from any freight charges owed to Carrier. Carrier b) Declaring values in excess of $100,000. i. c) In no event shall Carrier’s liability exceed the lesser of the actual value of the cargo or the declared value.
ISSUED JANUARY 1, 2015
EFFECTIVE JANUARY 1, 2015
ISSUED BY _________________ _________________
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