Unless otherwise agreed in writing, the following limits of cargo liability specific to type of service shall apply to MX Logistics:
(a) Shipments shipped LTL (less than truckload) The maximum liability for all claims including but not limited for cargo loss or damages shall be (I) $0.50 per pound and (II) $50.00 per Shipment, plus transportation charges applicable to that part of Shipment lost or damaged, unless at the time of tender, the Shipper declares a higher value and signs the space designated on the Waybill (see item iii. below)
(b) Shipments tendered as TL (Trailer Load) The maximum liability for all claims including but not limited for cargo loss or damage shall be USD $100,000 per occurrence, unless at the time of tender, the Shipper declares a higher value and signs in the space designated on theWaybill (see item iii. below)
(c) No Signature Shipments, in the absence of prior special arrangements, shall be released to a value of $10.00.
Notwithstanding anything in these Service Conditions or elsewhere to the contrary, MX Logistics shall not have any liability for any loss or damage to cargo caused by or resulting from the following:
(a) An act or omission of Customer or the shipper or their respective employees, agents, officers, contractors, or representatives; (b) any force majeure, including, but not limited to, acts of a public enemy, revolution, civil disorder, war, fire, flood or orders of any government or public or local authority; (c) inherent vice or defect in the Goods, including rusting of metal(s), swelling of wood caused by humidity, moisture or condensation, or deterioration of perishable product(s); (d) improper or insufficient packing, securing, bracing, marking, or addressing, and failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions. MX Logistics will not consider concealed loss or damage claims. Moreover, MX Logistics will not be held responsible for shortages on shipper load and count Shipments where the trailer is received at destination with seals intact. The failure to indicate “SL&C”, “subject to shipper count”, or like notations on shipping documents shall not be a conclusive determination of MX Logistics be precluded from disclaiming liability therefore due to such omissions.
At time of booking, whether through MX Logistics’ website or by agreement acknowledged in writing by an authorized representative of MX logistics, Customer may declare an increased valuation above the applicable limitation. In the absence of special written arrangements, MX Logistics shall not be liable for cargo damages in excess of USD $100,000 per Shipment, regardless of the declared value. Customer may make special arrangements for liability coverage greater than USD $100,000 by calling MX Logistics at 732-346-6666 and requesting the increased limit. Liability shall in no event exceed the lesser of (a) the declared value of the Shipment plus applicable freight charges and (b) the actual amount of loss or damage. If Customer executes a release rate in excess of USD $100,000 per shipment without having made special arrangements in advance and in writing, and the Shipment is inadvertently accepted by MX Logistics, it shall be considered released at USD $100,000 per Shipment and will move subject to such limitations, applicable rates, and insurance charges. When Customer declares a value that exceeds the greater of (I) $0.55 per pound and (II) $50.00 for a domestic Shipment, an additional charge of $0.95 for each $100.00 or fraction therefore will be charged subject to a minimum charge of $50.00 per Waybill.
Customer Indemnification. Customer understands and agrees that the rates charged for MX Logistics services do not include insurance or other compensation for loss other than as expressly provided herein.
MX LOGISTICS, ITS DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL EXEMPLARY INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, TO INCLUDE BUT NOT LIMITED TO LOSS OF INCOME AND/OR PROFIT, WHETHER OR NOT MX LOGISTICS HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED. MX LOGISTICS SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF MARKET, LOSS OF CUSTOMER GOODWILL, ASSEMBLY LINE SHUTDOWNS, OR PUNITIVE OR EXEMPLARY DAMAGES), REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES SOUNDS IN CONTRACT, TORT, BREACH OF WARRANTY, CONSUMER FRAUD, OR OTHERWISE.
