Demar Logistics, Inc., Freight Traffic Service, Carol Stream, IL

Limited Liability Policy


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 will apply.

(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 damaged.

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 Authority
·         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.

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