RULE: 34.11 – CLAIMS AND RESPONSIBILITY FOR LOSS OR DAMAGE Eff: 01SEP2010

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

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.