DELAY CLAIMS – RUSH will undertake to deliver the lading described on the Airfreight Waybill under reasonable dispatch using next available equipment and shall attempt to effect delivery pursuant to the schedules and transit times as otherwise set forth in RUSH'S holding out. RUSH does not guarantee that delivery will be effected to meet any particular market, dispatch, exhibition or sailing. RUSH does not accept liability for special or consequential damages or delays in delivery. The parties agree that in any event RUSH'S maximum liability shall be an amount equal to the freight charges incurred.
LOSS OR PHYSICAL DAMAGE CLAIMS – Subject to the limitations set forth herein and as provided by applicable law, RUSH agrees to pay for loss or physical damage to the shipments described on the Airfreight Waybill which may be caused by its negligent or willful conduct. Where shipments have declared values, RUSH'S liability for shortage or damage shall be prorated by weight when part of a shipment is lost or damaged. Otherwise, RUSH'S liability shall be determined by multiplying the weight of the lost or damaged article by fifty cents ($.50) per pound. All claims must be filed within 90 days of recovery at destination or shall be forever barred. Claims will be presented and adjusted in accordance with the guidelines established by the Interstate Commerce Commission and successor agencies and set forth in 49CFR1005. ICC Administrative Rulings 65 and 128 shall apply. The Shipper understands and agrees that the rates do not include insurance or other compensation for loss, other than as expressly provided herein and limited hereby. RUSH shall not be liable for damage caused by force majeure, Act of God, or the inherent vice of the shipment.
Shortages and/or damage must be noted on the Airfreight Waybill by the Consignee or the Consignee's agent at the time of delivery. Notice of intent to file a claim for concealed damage must be filed in writing with RUSH within fifteen (15) days of delivery. The actual claim, whether for loss, apparent damage, or concealed damage, must be filed in writing with RUSH within 90 days of delivery, and the claim must include the following as minimum for support:
Receipt of the shipment by the Consignee or the Consignee's agent without notation of shortage, loss or damage will be prima facie evidence that the shipment was delivered in good condition. No claim will be processed by RUSH until all transportation charges have been paid. Amounts of claims may not be deducted from transportation charges. Shipments and their containers and packaging materials must be retained and made available to RUSH for the purpose of inspection for up to fifteen (15) days after notification to RUSH that a claim is pending. RUSH reserves the right to repair or replace damaged property with no further liability for consequential damage such as, but not limited to, out of service time during repair
All claims must be mailed to:Revised 2/2/2007