LTL/PARTIAL/TRUCKLOAD/COMMERCIAL TRANSPORTATION LIMIT OF
LIABILITY AND EXCESS VALUATION
(a) Rates named in
this tariff or in a tariff and schedules making reference hereto are based on a
released value by the shipper not to exceed $2.50 dollar per pound per piece,
subject to a maximum value of $100,000.00 per shipment on a single bill of
lading, pro bill or air bill.
(b) Unless a value
in excess of $2.50 per pound per piece or $100,000.00 per shipment is declared
on the bill of lading by the shipper at the time of shipment, and excess
liability coverage is requested, the liability of DEMAR Logistics, Inc. for
loss and damage, will be limited to a maximum claim of $2.50 per pound per piece
or $100,000.00 per shipment whichever is less.
(c) Liability will
be established based on weight of the article(s) lost or damaged, not on the
basis of the weight of the entire shipment. In no case will DEMAR Logistics,
Inc. liability exceed shipper’s actual loss irrespective of the amount of
excess valuation coverage requested.
(d) At the option of
the shipper, the shipper may request that the shipment liability be increased to
full invoice value, not to exceed $250,000.00 per shipment. When excess or
extraordinary value coverage is requested, the carrier will assess an additional
charge of .75 cents per $100.00 of additional coverage requested in excess of
the amount listed in paragraph (a) above. Shipment with extraordinary value must
be arranged and agreed to in advance of actual pickup and handling of each
shipment otherwise the standard maximum liability as noted in paragraph above
(e) “Excess or
extraordinary declared value coverage” will be considered as requested when a
bill of lading contains a value statement that is in excess of $2.50 per pound
per piece or $100,000.00 per shipment. This charge is in addition to any other
freight charges accruing to the shipment and is to be paid by the party
responsible for the payment. The charge for excess value coverage is not subject
to any discount that may apply to the shipment.
Note: The provisions of this item do not apply to any article which
is subject to an actual value of released value provision in the NMFC book or to
any “used” item. Articles tendered w it h an invoice value stated on the bill
of lading at the time of shipment exceeding the actual or released value of the
articles tendered as provided in the NMFC 100 classification or re-issues
thereof will not qualify for extraordinary value shipments.
Corrected bills of lading to add or change the valuation will not be
accepted after tender of delivery of if any part of the shipment is lost or
All the terms and conditions of the uniform straight bill of
lading still apply. DEMAR Logistics, Inc. will not be liable for loss or damage
that is the result of:
· An Act of God
· The Public Enemy
· Act of Public
· Act or default of
the shipper or owner of the goods.
· Inherent Vice
· Any event not the
direct result of the carrier’s own negligence.
DEMAR Logistics, Inc. limited liability will also apply when
acting as a warehouse agent on the behalf of the shipper or while the shipment
is being held in storage.
Articles tendered with an invoice stated on the bill of lading at
the time of the shipment exceeding the actual or released value of the articles
tendered as provided in the NMFC 100 classification or re-issued thereof will
not qualify for excess liability coverage.
(f) In the event that of a conflict between this provision
and any other provisions in carrier’s rules tariff, the provision which has the
lower limitation shall apply.