- Limitation of Scope of Liability: Carrier is not liable for any claims where the loss, damage, injury, or contamination occurred before pick-up or after delivery.
- Applicable Law: Carrier’s liability for loss, damage, contamination, destruction or delay to cargo transported shall be that of a motor carrier as set forth in the Carmack Amendment (49 U.S.C. § 14706, "Carmack") and the relevant federal common law, regardless of whether the goods were transported interstate or intrastate, or involves foreign commerce.
- Limitation of Liability: Carrier's liability for loss or damage goods shall be limited to a maximum of $100,000.00 per truckload shipment. Carrier's liability may be extended by requesting and procuring excess cargo liability coverage prior to the time the goods are tendered to Carrier for transport. For any shipments, including international, the charge for additional cargo liability coverage shall be $2.00 per $1,000.00 of value in excess of $100,000.00. Carrier shall not be liable for temperature or altitude related damage.
- Used or Reconditioned Equipment: If applicable, Carrier’s liability for used or reconditioned equipment shall be limited to $0.25 per pound. 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.
- Force Majeure: Carrier is not liable for any damages arising from fire, Act of God, flood, or other natural disaster, unusually severe weather, war, embargo, riot, civil disobedience, closure of highways, marine or air ports or other transportation infrastructure, or the intervention of any government authority, or any other cause outside of the reasonable control of the Carrier.
- International: All claims arising from international shipments shall be governed by Carmack. Carrier’s liability shall be limited to $1.00 per pound, unless customer requests, in writing, more coverage for a higher rate in advance. Carrier shall not be liable for any cargo damage, loss, injury or delay occurring in Mexico. If Carrier agrees otherwise in writing to accept liability, Carrier’s liability is limited to $0.25 per pound. If this geographical liability limitation is judicially or otherwise determined to be ineffective for any reason whatsoever, then Carrier’s liability for loss or damage shall be limited to $1.00 per pound.
- Rail: Any transportation provided by rail and any claims arising from shipments routed by rail shall be subject to the terms of the applicable rail tariff and/or rules and regulations in effect on the date of shipment.
- Consequential and Special Damages: REGARDLESS OF THE ACTUAL OR ALLEGED NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF CARRIER, ITS EMPLOYEES, CONTRACTORS, OR UTILIZED INDIVIDUALS, OR BUSINESS ENTITIES, CARRIER SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DELAY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, CHARGES, OR FINES REGARDLESS OF WHETHER CARRIER HAD KNOWLEDGE THAT SUCH DAMAGES MAY BE INCURRED.
- No Liability for Transit Delays: Carrier will transport a shipment with reasonable dispatch as defined by federal common law. However, Carrier does not guarantee transit, pick-up or delivery times and is not bound to transport a shipment by a particular appointment schedule, or in time for a particular market. Carrier will not be liable for late pick-ups, deliveries or unkept appointments. In no event shall a time quotation be considered a guarantee of any transit, pick-up or delivery time. If Carrier has failed to transport a shipment with reasonable dispatch, Carrier’s maximum liability will be the lesser of (a) [50%] of the linehaul charges payable for the late shipment or (b) the losses suffered by customer, such as deterioration of the cargo, alternative transportation charges for the late shipment or a replacement shipment, fines or charges assessed by the receiving facility, and equipment or facility storage or detention or demurrage charges.
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