| 1 |
|
A claim for loss, damage, injury, or
delay to property will not be voluntarily paid unless filed in writing,
as provided in Rule 2, paragraph 2 and 3, below, within the
specified time limits provided in Rule 2, paragraph 3. |
| 2 |
|
A communication in writing from a
claimant, filed within the time limits specified in Rule 2, paragraph 3,
and (1) containing facts sufficient to identify the shipment (or
shipments) of property involved, (2) asserting liability for alleged
loss, damage, injury, or delay, and, (3) making claim for the payment of
a specified or determined amount of money, will be considered as
sufficient compliance with the provisions for filing claims embraced in
the bill of lading or other contract of carriage. |
| 3 |
|
A claim for loss, damage, injury, or
delay of property shall be filed within nine (9) months after delivery
of the property, or in the case of failure to make delivery, then within
nine (9) months after a reasonable time for delivery has elapsed. Suits
shall be instituted within two (2) years and one (1) day from the day
when notice in writing is given to the claimant that the claim or any
part or parts thereof has been disallowed. |
| 4 |
|
Bad order reports, appraisal report of
damage, notations of exceptions on freight bills or other documents,
inspection reports issued by carrier inspectors or inspection agencies,
tracers or inspection requests do not comply with the claim filing
requirements. |
| 5 |
A |
A written demand for payment, asserting
carrier liability for alleged loss, damage, injury, or delay, and
containing facts sufficient to identify the shipment or shipments
involved will constitute a claim, regardless of form, and will be
required. |
| B |
When claimant does not appear from the
supporting documents to be an interested party, carrier will require
necessary written assignment or other proof to determine the claimant is
the proper party to receive and claim payment. |
| C |
The original freight bill and bill of
lading or other contract of carriage will be required. When claimant
cannot furnish both of these documents, carrier will require suitable
indemnity from the claimant. |
| D |
Claim must be supported by either the
original invoice; a photographic copy of the original invoice; an exact
copy thereof, or an extracted therefrom, certified by the claimant or
his authorized representative to be true and correct with respect to the
property involved in the claim and reflecting all trade or other
discounts, allowances, or deductions of any nature. When the
original invoice is not submitted, such document must be made available
for inspection by carrier representative upon request. |
| E |
When property involved in the claim has
not been invoiced to the consignee or where invoice does not show price
or value, or where the property has not been sold but transferred at
bookkeeping values only, or where property has been shipped on
consignment or approval, claimant will be required to establish
destination value in the quantity shipped and certify the correctness
thereof. |
| F |
In order to establish the full
recoverable loss caused by the carrier, there will be required the
original account of sale, showing the date of sale and the amounts
realized on the damaged and undamaged portions, respectively, showing
grade, brands, quality, variety, size, and condition, together with any
deductions, allowances, and commissions, or a copy thereof certified
correct over the signature of the claimant or authorized representative
thereof. |
| G |
When shipment has received prior
transportation and is reshipped from a distribution or warehousing point
but has opened and examined and contents verified as being in undamaged
condition, certification thereof must be made by person having actual
knowledge of such inspection and statement to that effect incorporated
in such certification. |
| H |
When an asserted claim for loss of an
entire package or an entire shipment cannot be otherwise authenticated
upon investigation, the carrier will obtain from consignee of the
shipment involved a certified statement in writing that the property for
which the claim is filed has not been received from any other source. |
| 6 |
|
Whenever a claim is presented for an
uncertain amount, such as "$100 more or less", the carrier
will determine the condition of the shipment involved at the time of
delivery by it, if it was delivered, and will ascertain as nearly as
possible the extent, if any, of the loss or damage for which it may be
responsible. The carrier will not, however, voluntarily pay a claim
under such circumstances unless and until a formal claim in writing for
a specified or determinable amount of money has been filed in accordance
with provisions of Rule 2, paragraphs 1, 2 and 3. |
| 7 |
A |
Carrier will acknowledge claim in
writing within thirty (30) days after receipt thereof, informing the
claimant of identifying number assigned thereto, and will pay, refuse
payment, or make a firm compromise offer within one hundred twenty (120)
days after receipt of claim, except that if claim cannot be disposed of
within this period, carrier will at that time and at the end of each
succeeding sixty (60) day period thereafter while claim remains pending,
inform the claimant in writing of the reason for failure to conclude
claim. |
| B |
A separately numbered file will be
established by carrier for each claim filed in accord with the
provisions of this tariff. All documents, records, and correspondence
pertaining to such claim will be identified with this file number. |
| 8 |
|
When investigation of a claim develops
that one or more other carriers has been presented with a similar claim
on the same shipment, the carrier investigating such claim will
communicate with each such other carrier and, prior to any agreement
entered into between or among them as to the proper disposition of such
claims, will notify all claimants of the receipt of conflicting or
overlapping claims and will require further substantiation, on the part
of each claimant of his title to the property involved or his right with
respect to such claim. |