FXF 100 Rules Tariff

Loss or Damage - Claim Filing

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

Effective Date January 4, 2016

Item 960


Loss or Damage - Claim Filing

  1. All claims for loss, damage or delay must be filed within nine (9) months of the date of delivery, or in the case of non delivery, within nine (9) months from the scheduled delivery date. Any civil action against Carrier 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.
  2. Claims not filed within the nine (9) months statute of limitations will be declined.
  3. All claims must include complete shipper and recipient information, freight bill number, an explanation of loss or damage, the dollar amount being claimed, and the claimant’s contact information.
  4. All claims must be accompanied by documents supporting the amount of the claim. Such documents may include original manufacturer or purchase invoices, estimates or invoices for repair, expense statements, appraisals, or other documents verifiable to Carrier’s satisfaction.
  5. Delivery receipts will be reviewed wherever possible in connections with each claim. Receipt of the shipment by the recipient without written notice of damage on the delivery receipt is prima facie evidence that the shipment was delivered in good condition. Visible loss or damage apparent at the time of delivery should be recorded in detail on the delivery receipt.
  6. In the case of a claim for concealed loss or damage that is not discovered at the time of delivery, the claimant must notify Carrier promptly as possible after the discovery of the damage, and in any event should be reported no later than 21 days after the date of delivery. Inspection or waiver of inspection will be provided by Carrier as promptly as possible and practicable after receipt of request by the consignee. However, should Carrier waive inspection, Consignee must make the inspection and record all information to the best of his or her ability.
  7. All original shipping cartons, packing (inner and outer) and contents must be available for inspection by Carrier, and packaging and contents must be retained by the claimant until the claim is resolved. It is the duty of the claimant, where there is substantial value in salvage, to accept and handle it in such a manner as to mitigate the claimed loss as much as possible either through repair or discounted sales.
  8. Customer directing product with no damage, minimal or cosmetic damage to be disposed of rather than mitigate will incur charges for transportation and a $5.00 per pound disposal cost.
  9. Customer shall not deduct or offset any cargo claim or other alleged claim or debt of Carrier from the charges owed to Carrier unless authorized in writing by Carrier.