Schmieding
Carrier Agreement
4/5/2019
- 16 -
Carrier agrees that the provisions contained in 49 CFR Part 370, shall govern the processing of
claims for loss, damage, injury, theft, or delay to Goods and the processing of salvage.
Any claim
made by HCS against Carrier for loss, damage, injury, theft, or delay to the Goods will be handled
in the following manner:
1. HCS shall notify Carrier as soon as possible once HCS discovers
a possible cargo loss,
damage, injury, theft, or delay claim. The Parties agree that HCS will have nine (9) months
after delivery of such shipment (or,
if no delivery, by nine (9)
months after the scheduled
delivery date), to file a written claim for such loss, damage, injury, theft, or delay to the Goods.
The term “
written claim” means delivering a written claim or notice of claim, which reasonably
alerts Carrier, that loss, damage, injury, theft, or delay has occurred to the Goods.
A. Carrier must acknowledge the receipt of a written notice of a claim as promptly as possible,
but in no event later than thirty (30) days after the date of Carri
er’s receipt of HCS’s written
claim, Carrier will notify HCS what, if any, additional documentary evidence or other pertinent
information may be required by Carrier to process the claim.
B. Notwithstanding the terms of 49 CFR 370.9, Carrier shall pay, decline, or make a settlement
offer in writing on all cargo loss or damage claims within 120 days of receipt of the claim.
Failure of Carrier to pay, decline, or offer settlement within this 120-day period shall
be deemed an admission by Carrier of full liability for the amount claimed and a
material breach of this Agreement.
2. Any action at law to recover any portion of a cargo claim shall be instituted by HCS against
Carrier no later than two (2) years after Carrier has delivered a written declination of claim to
HCS. If HCS prevails in litigation against Carrier for recovery of a claim, HCS will be entitled to
recover all of its actual costs and expenses, including reasonable attorney fees, court costs,
and interest.
3. There shall be an administration fee on cargo claims as outlined in Appendix A (
Accessorial
and Miscellaneous Charges) of this Agreement.
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