RULE: 34.11 - CLAIMS AND RESPONSIBILITY FOR LOSS OR DAMAGE
Eff: 01AUG2008
Effective |
01AUG2008 |
Filing Codes |
C |
Claims to the Terminal Operator for loss or damage to
freight or merchandise occurring while in the custody of
the Terminal Operator, on its terminal property, must
be filed in writing within twelve (12) months following
the final delivery of such freight or merchandise from
its terminal or property. The Terminal Operator will
not be responsible for loss or damage caused by: fire,
heating, leakage, evaporation, natural shrinkage,
wastage or decay, animals, rodents, moths, weevils or
other insects; leakage or discharge from its fire
protection system; breakdown of plant machinery or
equipment; dampness; floats, logs or piling required for
breasting vessels away from wharves or piers; strikes of
any persons in its employ or in the employ of others or
from any consequences arising therefrom; insurrection,
war or shortage of labor; insufficient notification; the
elements or any causes unavoidable or beyond the
Terminal Operator's control; concealed damage; spoilage
of dry or refrigerated cargo; and in particular (but
without limitation) the Terminal Operator will not be
responsible for damage by the elements to goods or
property stored in open or unshedded areas.
Claim for recovery of overcharges must be filed in
writing with Terminal Operator within twelve (12) months
following the date of billing or payment date against
which overcharge is claimed.