4. No salvage of any kind or nature will be sold or offered for sale or in any way disposed of to
any third party by Carrier without the prior written consent of HCS. Unless HCS directs
otherwise, all damaged Goods subject to salvage will be returned to Shipper
, at Carrier’s sole
cost and expense, for salvage and appropriate credit. Shipper may determine, in its sole
discretion, whether the Goods may be salvaged and, if salvageable, the value of such salvage.
Any salvage value will be deducted from Shipper
’s claim against Carrier for the loss or damage.
With respect to the handling of any damaged Goods, Carrier agrees that Shipper will have the
sole right to dispose of or destroy such Goods. For any damaged Goods which Shipper permits
Carrier to resell, Shipper will have the right to remove all identifying marks and labels on such
Goods.
5. Claims based on concealed loss/damage reported to Carrier by HCS within five (5) business
days of the date of delivery will be treated as though an exception notation had been made on
the delivery receipt at the time of delivery.
6. HCS will provide Carrier with an inspection notification form with pertinent information regarding
the damage and the location where the Goods may be inspected, if so desired by Carrier and
permitted by Shipper. If inspection of the Goods is permitted by the Shipper, it is the obligation
of Carrier to properly inspect the Goods upon the discovery of damage. In the event Carrier
fails to inspect the Goods within five (5) business days of the date Carrier becomes aware of
the damage, or upon receipt of the Goods to be returned to the consignor because of the
damage, whichever is earlier, Carrier hereby waives its rights to inspect the Goods and agrees
to be bound by the facts presented by the claimant.
7. If Carrier is unable to deliver a shipment or if a shipment is refused by the customer
, Carrier’s
liability as a warehouseman, rather than a contract carrier pursuant to the terms of this
Agreement, will begin after seven (7) days of the Goods being placed in Carrier’s terminal or
other storage facility under proper security and storage conditions.
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