FXF 100 Rules Tariff

Loss or Damage - Claim Filing, Disposition of Damaged Chemical Shipments

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

Effective Date January 1, 2018

Loss or Damage - Claim Filing, Disposition of Damaged Chemical Shipments

  1. A notice of claim must be filed with either the originating Carrier or the delivering Carrier within the 60 day statute of limitations or the claim will be declined when filed.
  2. The final statement of claim must be filed within the nine (9) months after the date of shipment together with all documents supporting the amount of the claim. Supporting documents must be verifiable to Carrier’s satisfaction.
  3. Notice of claim for loss, damage or delay of any goods carried under the contract of carriage setting out the particulars of the Shipper and Recipient’s information, date of shipment, freight bill number, estimated amount to be claimed along with claimants contact information must be submitted in writing within 60 days after delivery of goods or in the case of failure to make delivery within nine (9) months from the scheduled delivery date.
  4. Any civil action against the Carrier must be brought within two years plus one day from the date the Carrier gives written notice that the Carrier has disallowed any part of the claim specified in the notice.
  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 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.
  9. In the event of damage to a regulated hazardous material shipment, or to any other chemical shipment, carrier will notify the shipper for disposition.  If the carrier does not receive disposition within 48 hours of the carrier’s attempted first notification, carrier will consider the shipment abandoned and will either pursue opportunities to salvage or recycle the shipment, or dispose of the shipment in accordance with local, province, and federal environmental regulations.