FXF 100 Rules Tariff

Carrier Liability - Limited

 

US Section 1
US/Canada Section 2A
Intra Canada Section 2B
US/Mexico Section 3

Effective Date January 4, 2016


Item 421

Rule

Carrier Liability - Limited to FAK (Freight All Kinds) and/or exception class rated shipments

(Applicable only when reference is made to this item)

  1. When reference is made to this item, and the shipment moves under FAK rates or Exception class, Carrier's liability will not exceed the maximum liability per pound for classes provided below.
  2. When the shipment moves under actual class provisions, standard liability limitations outlined in Item 420 will apply.
  3. Claims will be based on a per pound per package basis; liability will not be determined on the weight of the entire shipment in question.
  4. Carrier's liability will be the same as that of the FAK class, Exception class or class reduction. For example, an actual class 125 reduced to an FAK or Exception class 70 will be subject to the Maximum Liability per pound per package for class 70.
  5. Carrier's liability for loss or damage to any article(s) or part thereof for which the charges are determined by FAK class or Exception class is limited to the (1) actual cost of the goods lost, damaged or destroyed; (2) exclusions or limited liability provisions of the Bill of lading; (3) applicable limited liability provisions of the NMFC; or (4) lowest Released Value shown in the NMFC for the commodity shipped, or $100,000 per incident per Shipper, whichever is less, subject to the maximums by FAK and/or exception class as shown below.
CLASS
MAXIMUM LIABILITY
PER POUND PER PACKAGE
CLASS
MAXIMUM LIABILITY
PER POUND PER PACKAGE
50
$ 1.00
110
$25.00
55
2.00
125
25.00
60
3.00
150
25.00
65
5.00
175
25.00
70
7.50
200
25.00
77.5
10.00
250
25.00
85
15.00
300
25.00
92.5
17.50
400
25.00
100
25.00
500
25.00
  1. In lieu of maximum liability as indicated in the above table, USED or RECONDITIONED items will be subject to a maximum liability of $0.50 per pound per package or $10,000.00 per incident, whichever is lower, regardless of the published FAK class or Exception class.
  2. There is no excess liability coverage available for published FAK class or Exception class pricing referring to this item.
  3. The claimant will indemnify against any third party subrogation for cargo loss or damage over and above the maximum liability contained herein.

NOTE 1: All liability per pound per package will be subject to a maximum Carrier liability of $100,000 per incident per Shipper.