- Customer agrees that Customer will not sue Carrier as a class plaintiff or class representative, join a class as a member, or participate as an adverse party in any way in a class action lawsuit against Carrier. However, nothing in this paragraph limits Customer’s rights to bring a lawsuit as an individual plaintiff.
- Any civil action for overcharges must be brought within 18 months after the claim accrues. Any civil Claim, including, but not limited to, any loss, damage, delay, misdelivery, nondelivery, misinformation, any failure to provide information, or misdelivery of information relating to the shipment, must be brought within two years and one day from the date Carrier gives written notice that Carrier has disallowed any part of the claim specified in the notice.
- Any right Customer might have to damages, refunds, credits recovery of reliance interests, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against Carrier under any cause of action arising from the transportation of any package pursuant to this tariff shall be extinguished unless Customer first complies with all applicable notice periods and requirements in applicable tariffs. Timely and complete compliance with such notice periods and requirements is a contractual condition precedent to the right of any relief whatsoever, and Customer must plead compliance with those conditions precedent on the face of the complaint that filed against Carrier. Carrier cannot be considered to have breached any obligation to Customer unless or until Carrier wrongfully denies a claim submitted pursuant to the notice periods and requirements contained in this tariff. Finally, Customer is required to comply with applicable notice periods and requirements even if Customer believes that such compliance will not result in relief from Carrier or if Customer lacks knowledge regarding whether such compliance will result in relief from Carrier.
- To the extent that any court finds that state rather than federal law applies to any provision of this contract, the controlling law is the substantive law of the state in which the shipment at issue was tendered to Carrier.
- The performance of any services does not make Carrier an agent of the shipper or any third party for any purpose.
- If any provision in this Item 998 is held to be invalid, illegal or unenforceable, either legislatively or judicially, such provision will be severed here from and the remainder of this Item 998 will continue to be valid and enforceable.