What is the maximum liability without purchasing additional insurance?

Without purchasing additional insurance you will be subject to our limited liability which sets a maximum dollar amount we will pay in cases of loss or damage. Please review the below-limited liability statement.

Exfreight makes no warranties, express or implied and is not liable for any loss, miss-delivery or non-delivery caused by the act, default or omission of the Shipper, Consignee, Carrier or any other party who claims interest in the shipment, the nature of the shipment or any defect thereof violation by the Shipper, Consignee or Carrier of any of the terms contained in the Bill of Lading including, but not limited to, improper or insufficient packing, securing, marking or addressing, or failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions, acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, or other labor disputes, weather conditions or mechanical delay of aircraft or other equipment, compliance with delivery instructions for the Shipper or Consignee, or acts or omission of any person other than Exfreight employees or agents. Unless otherwise requested and specifically agreed to by Exfreight, Exfreight cannot guarantee delivery by a specific time or date, and shall not be liable for any damage due to delay, missed-pickup, late pickup, miss-delivery or non-delivery. Exfreight reserves the right to route the shipment in whatever manner Exfreight deems appropriate and does not guarantee a specific mode or specific carrier. In those cases when SHIPPER requests and Exfreight agrees to delivery by a specific time or date and delivery for whatever reason is not accomplished by either the time or date requested, then Exfreight shall not be liable for any damage due to delay, missed pickup, late pickup, miss-delivery or non-delivery. IN ANY EVENT, EXFREIGHT SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME WHETHER OR NOT EXFREIGHT HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED. Without the purchase of additional insurance, the amounts listed below are the limits of liability.

For Trucking only shipments Exfreight acts as a broker and not the carrier. Any claim made on trucking only shipments will be between the claimant and the carrier directly. Exfreight will receive and help facilitate the claim between our client and the carrier.

For Ocean and Air shipments Exfreight is the licensed carrier and will settle the claims directly with the claimant.

TRUCKING

The Liability of Carriers under contract with Exfreight and the handling of shipments through Exfreight is limited according to the governing agreements in effect between the carrier and the contracting party/the shipper. The limits of liability depend on the carrier chosen and freight class used. It ranges in value from $2.00-$25.00 per lb with a maximum of $100,000 and is available on request. Articles other-than-new will be subject to a maximum liability of 10 cents per pound. Articles which are subject to released value provisions in the NMFC, and where no released value is provided on the Bill of Lading, or where the freight charges are not affected by the released values, the liability will not exceed the lowest value provided for such article. Any Declared Value in excess of the maximums allowed herein is null and void, and the acceptance of any shipment with a Declared Value in excess of the allowed maximums does not constitute a waiver of these maximums. Subject to the limitations of liability contained in the Shipping Agreement Terms and conditions and the Bill of Lading, the selected Carrier will only be liable for loss, damage or non-delivery caused by their own negligence.

OCEAN SHIPMENTS

Notwithstanding anything herein, unless otherwise mandated by compulsorily applicable law, Carrier’s liability for compensation for loss of or damage to Goods shall in no case exceed the amount of US $500 per package or per customary freight unit, unless Merchant, with the consent of Carrier, has declared a higher value for the Goods in the space provided on the front of this Bill of Lading and paid extra freight per Carrier’s tariff, in which case such higher value shall be the limit of Carrier’s liability. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value. Where a container is stuffed by Shipper or on its behalf, and the container is sealed when received by Carrier for shipment, Carrier’s liability will be limited to US $500 with respect to the contents of each such container, except when the Shipper declares the value on the face hereof and pays additional charges on such declared value as stated in Carrier’s tariff. The freight charged on sealed containers when no higher valuation is declared by the Shipper is based on a value of US $500 per container. However, Carrier shall not, in any case, be liable for an amount greater than the actual loss to the person entitled to make the claim. Carrier shall have the option of replacing lost Goods or repairing damaged Goods.7.2 In any case where Carrier’s liability for compensation may exceed the amounts set forth in Section 7.1 above, compensation shall be calculated by reference to the value of the Goods, according to their current market price, at the time and place they are delivered, or should have been delivered, in accordance with this contract.7.3 If the value of the Goods is less than US $500 per package or per customary freight unit, their value for compensation purposes shall be deemed to be the invoice value, plus freight and insurance, if paid.7.4 On shipments involving carriage by land in the United States, and for liabilities determined pursuant to Section 6.4(c) of this Bill of Lading, loss of or damage to Goods shall be limited to US $.50 per pound of Goods lost or damaged, unless a higher value is declared by Shipper and a supplementary charge paid.7.5 Carrier shall not be liable to any extent for any loss of or damage to or in connection with precious metals, stones, or chemicals, jewelry, currency, negotiable instruments, securities, writings, documents, works of art, curios, heirlooms, or any other valuable goods, including Goods having particular value only for Merchant, unless the true nature and value of the Goods have been declared in writing by Merchant before receipt of the Goods by the Carrier or Inland Carrier, the same is inserted on the face of this Bill of Lading and additional freight has been paid as required.7.6 Carrier will not arrange for insurance on the Goods except upon express instructions from the Shipper- Consignor and then only at Shipper’s-Consignor’s expense and presentation of a declaration of value for insurance purposes prior to shipment.

AIR FREIGHT SHIPMENTS

If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and in most cases limit the liability of the Carrier in respect of loss of, damage or delay to cargo. Depending on the applicable regime, and unless a higher value is declared, liability of the Carrier may be limited to 17 Special Drawing Rights per kilogram or 250 French gold francs per kilogram, converted into national currency under applicable law. Carrier will treat 250 French gold francs to be the conversion equivalent of 17 Special Drawing Rights unless a greater amount is specified in the Carrier’s conditions of carriage. Link to get current conversion of Special Drawing Rights to USD presently 23.40USD per KG Current SDR to USD dollar amount

The weight to be taken into account in determining Carrier’s limit of liability shall be only the weight of the package or packages concerned. Receipt by the person entitled to delivery of the cargo without complaint shall be prima facie evidence that the cargo has been delivered in good condition and in accordance with the contract of carriage. In the case of loss of, damage or delay to cargo a written complaint must be made to Carrier by the person entitled to delivery. Such a complaint must be made: in the case of damage to the cargo, immediately after discovery of the damage and at the latest within 14 days from the date of receipt of the cargo; In the case of non-delivery of the cargo, within 120 days from the date of issue of the air waybill, or if an air waybill has not been issued, within 120 days from the date of receipt of the cargo for transportation by the Carrier. Such a complaint may be made to the Carrier whose air waybill was used, or to the first Carrier or to the last Carrier or to the Carrier, which performed the carriage during which the loss, damage or delay took place. Unless a written complaint is made within the time limits specified no action may be brought against Carrier. Any rights to damages against Carrier shall be extinguished unless an action is brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped