Master Agreement For Transportation By Motor Carrier Page 7
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16such claim, to ArcelorMittal as well as any other party submitting the claim, within thirty (30) days
of Carrier's receipt of the claim.
Carrier agrees to investigate, document and report to
ArcelorMittal on any claims that are timely raised by ArcelorMittal, its agents, customers, or
others with an interest in the Goods. Carrier shall use its best efforts to resolve any such claim
within sixty (60) days of its receipt of claim. The time limit within which ArcelorMittal must file a
claim against Carrier shall be nine (9) months from the date of delivery or, if not delivered, nine
(9) months from the date of scheduled delivery. Disallowance’s shall state a lawful reason for
declining to accept responsibility for the claim, and shall be stated by Carrier, not its insurer. For
loss, damage, injury of any shipment hereunder while in the custody, possession or control of
Carrier, and except as otherwise stated in this Agreement, Carrier hereby assumes the liability of a
motor common carrier as provided in Section 14706 of Title 49 of the United States Code, or its
successor provision, as in effect on the date of this Agreement.
(b)
Notwithstanding the provisions of Section 15(a) of this Agreement, Carrier and
ArcelorMittal acknowledge and agree that it is difficult to determine the actual amount of loss to
ArcelorMittal if any shipment hereunder is lost, damaged or destroyed, but that the price charged
by the ArcelorMittal Company requesting shipment to its customers is a reasonable estimate
thereof. Accordingly, Carrier and ArcelorMittal agree that if any shipment hereunder or any part
thereof is lost, damaged or destroyed, Carrier shall pay to the ArcelorMittal Company that
requested the shipment, as liquidated damages and not as a penalty, the price charged by such
ArcelorMittal Company to its customers for the Goods (or the part thereof) lost, damaged or
destroyed plus transportation and/or salvage costs less any resale/scrap revenue to ArcelorMittal
if carrier authorizes ArcelorMittal to dispose of the damaged Goods, up to a maximum of $200,000
US Dollars per shipment.
(c)
Carrier shall return all damaged shipments at its expense to the point of origin or to other
points within a reasonable distance as instructed by the ArcelorMittal Company that requested the
shipment.
(d)
The time within which ArcelorMittal must institute suit against Carrier to recover on a
claim shall be two (2) years and a day from the date ArcelorMittal shall have received a written
disallowance from Carrier. If ArcelorMittal is successful in recovering on a claim against Carrier,
whether in a court of law or arbitration proceeding, ArcelorMittal shall be entitled to recover all
of its costs incurred in collecting its claim, including reasonable attorney’s fees and interest from
the date of delivery or scheduled delivery of the shipment.
(e)
Claims based on concealed loss or damage reported to Carrier within fifteen (15) days of
the date of delivery shall be treated by Carrier as though an exception notation had been made on
the delivery receipt at the time of delivery.
(f)
Carrier shall be liable for damage to the Goods caused during unloading by Carrier’s driver
notwithstanding the signing of a clear delivery receipt by recipient of the shipment prior to
unloading, provided a subsequent claim is filed.
(g)
Neither ArcelorMittal nor any of the ArcelorMittal Companies shall be liable to Carrier for
confiscation or seizure of Carrier’s equipment by any public authority.
May 2015
Page 7 of 16
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Business