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 or 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, mis-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, mis-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 $0.50-$25.00 per lb. with a maximum of $100,000 and is available on request. All online quotes obtained directly through the Exfresso platform have the standard limited liability displayed. Articles other-than-new will be subject to a maximum liability of $0.10 per lb. 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 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 to the contrary contained 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 the 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. In any case where Carrier’s liability for compensation may exceed the amounts set forth 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. 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.
Where the loss or damage occurred during Inland Transport, the liability of the Carrier shall be determined:
(a) by the provisions contained in any international convention, national law or regulation applicable to the means of transport utilized, if such convention, national law or regulation would have been compulsorily applicable in the case where a separate contract had been made in respect to the particular stage of transport concerned, or
(b) where no international convention, national law or regulation would have been compulsorily applicable, by the contract of carriage issued by the Subcontractor carrier for that stage of transport, including any limitations and exceptions contained therein, which contract the Merchant and the Carrier adopt and incorporate by reference, it being agreed that the Carrier’s rights and liabilities shall be the same as those of the Subcontractor carrier, but in no event whatsoever shall the Carrier’s liability exceed GBP 100 sterling legal tender per package, or (c) if any court shall determine that no international convention, national law or regulation would have been compulsorily applicable and that the Carrier may not determine its liability, if any, by reference to the applicable Subcontractor’s contract of carriage or where said Subcontractor carrier does not have a contract of carriage, then it is contractually agreed as between the Merchant and the Carrier that the Carrier’s liability shall be determined as if the loss and/or damage complained of occurred during the Port-to-Port section of carriage as provided at 5.1 above, but in no event whatsoever shall the Carrier’s liability exceed GBP 100 sterling legal tender per package. (d) If the place of loss or damage cannot be established by the Merchant, then the loss or damage shall be presumed to have occurred during the Port-to-Port section of carriage and the Carrier’s liability shall be determined accordingly.
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. 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 22 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 22 Special Drawing Rights unless a greater amount is specified in the Carrier’s conditions of carriage. Special Drawing Rights to USD presently (2021) 31.50 USD per KG.
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 the 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.
What to do When Damage Found at/after the Time of Delivery
- Thoroughly inspect the integrity of the external packaging.
- If external packaging, shrink wrap etc. is not intact, record any damages on the Bill of Lading (BOL) or Point of Delivery Receipt (POD).
- Take photographs of any external packaging damage and product damage.
- Contact ExFreight’s OS&D department immediately to report damages (osd@exfreight.com).
- Do not throw anything away. If the carrier inspects the product, they will use this to determine if the damage to the product is consistent with damage to containers.
What if I discover concealed damage?
In the event of concealed damage, please notify the ExFreight as soon as possible and request an inspection. All packaging must be kept and evidence of pilferage, rough handling or weather damage must be present to substantiate the claim. Most concealed damage is deemed by the carriers as due to insufficient packaging for the mode of transport.
There are time limits for claiming concealed damage. For GROUND you must declare the damage within 5 days of delivery, for AIR within 15 days of delivery, and for OCEAN immediately upon delivery, maximum 3 days.
If you find damages after the delivery of your product, follow the same protocol above within those the quoted timeframes.
How do I file a damage claim?
Only the shipper, consignee or third party who has claim or title to the goods may file a claim. You can file your claim with ExFreight if we arranged your shipment. If this is a truck only shipment, we will help facilitate the claim between you and the carrier. If this is an Air or Ocean shipment, we will settle the claim directly with you.
You must provide the following:
-A claim form, indicating the merchandise that was lost or damaged and how the amount of the claim was determined.
-A bill of lading or consignee’s copy of the delivery receipt.
-A delivery receipt with the loss or damage noted on it.
-An invoice or other document establishing your cost for the lost or damaged goods or an invoice for repairs made to restore the merchandise to its original condition.
After a claim is submitted with the proper documentation and is acknowledged by the carrier it should be settled within 120 days. Depending on the mode of transit there are different maximum limited liabilities. Additionally, if the shipment is just a trucking move Exfreight is acting as a broker for the carrier and the responsibility of the claim lies with the carrier and Exfreight will assist in filing and managing the claim process with the carrier for you. In instances of Ocean or Airfreight ExFreight is the carrier and will settle the claim directly with you.
When is the deadline to file a damage claim?
For trucking shipments:
Claims must be received within nine months of the date of delivery, or within a reasonable time of the date of shipment if non-delivery occurs and if there is concealed damage we must be notified within 15 days of the time of delivery and be able to send out an inspector to verify the claim.
For ocean shipments:
Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the Ocean Carrier at the port of discharge or place of delivery before or at the time of delivery of the Goods or, if the loss or damage is not apparent, within 3 days after delivery, the Goods shall be deemed to have been delivered as described in this Bill of Lading. (B) The Ocean Carrier shall be discharged from all liability in respect of the Goods, including without limitation non-delivery, misdelivery, delay, loss, or damage, unless suit has been brought within one year after delivery of the Goods or the date when the Goods should have been delivered. Suit shall not be considered to have been “brought” within the time specified unless process shall have been served and jurisdiction obtained over the Ocean Carrier within such time
For air shipments:
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.
For small parcel shipments:
The intent to file must be received within 14 days of shipment dispatch and a formal claim must be filed within 28 days.
How long will it take to settle my claim?
We will make every effort to review and respond to claims within 5 working days of receipt. In some cases, the claim may require additional investigation which will require more time. Domestic carriers can take up to 120 days to settle claims. In the case of international freight where ExFreight is the carrier we will do all possible to settle claims within 90 days.
Where can I find your general terms and conditions?
ExFreight’s terms and conditions can be found on our website at:
https://www.exfreight.com/terms-conditions/
A link is also provided on every system generated quote.
We offer additional insurance that will cover your shipment over and above the maximum limited liability coverage. Please bear in mind that there are some commodities we cannot insure without underwriter approval these are items such as Artwork, Glass or Fragile Items, Used Items, Items of Extraordinary Value, Vehicles, Consumer Electronics (Computers, cell phones, laptops, etc.). For a rate on the additional insurance and to purchase additional insurance please email the following details to insurance@exfreight.com
-Value to insure
-Commodity being insured
-Mode of transit (Truck, Air, Ocean)
-ExFreight BOL number if already booked
We will email you back the quote and once confirmed we will proceed with insuring the shipment. Please note we need to insure shipments before pick up.
Only the shipper, consignee or third party who has claim or title to the goods may file a claim. You can file your claim with ExFreight if we arranged your shipment. If this is a truck only shipment we will help facilitate the claim between you and the carrier. If this is an Air or Ocean shipment we will settle the claim directly with you.
You must provide the following:
-A claim form, indicating the merchandise that was lost or damaged and how the amount of the claim was determined.
-A bill of lading or consignee’s copy of the delivery receipt.
-A delivery receipt with the loss or damage noted on it.
-An invoice or other document establishing your cost for the lost or damaged goods or an invoice for repairs made to restore the merchandise to its original condition.
After a claim is submitted with the proper documentation and is acknowledged by the carrier it should be settled within 30 days. Depending on the mode of transit there are different maximum limited liabilities. Additionally, if the shipment is just a trucking move Exfreight is acting as a broker for the carrier and the responsibility of the claim lies with the carrier and Exfreight will assist in filing and managing the claim process with the carrier for you. In instances of Ocean or Airfreight ExFreight is the carrier and will settle the claim directly with you.
For trucking shipments:
Claims for damaged freight noted and documented at the time of delivery must be received within 60 days of the date of delivery. None-delivery and/or lost freight claims must be filed within 90 days of shipment pickup. If there is concealed damage we must be notified of the claim within 5 days from the time of delivery and be able to send out an inspector to verify the claim.
For ocean shipments:
Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the Ocean Carrier at the port of discharge or place of delivery before or at the time of delivery of the Goods or, if the loss or damage is not apparent, within 3 days after delivery, the Goods shall be deemed to have been delivered as described in this Bill of Lading. (B) The Ocean Carrier shall be discharged from all liability in respect of the Goods, including without limitation non-delivery, misdelivery, delay, loss, or damage, unless suit has been brought within one year after delivery of the Goods or the date when the Goods should have been delivered. Suit shall not be considered to have been “brought” within the time specified unless process shall have been served and jurisdiction obtained over the Ocean Carrier within such time
For air shipments:
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.
For small parcel shipments:
The intent to file must be received within 14 days of shipment dispatch and a formal claim must be filed within 28 days.
We will make every effort to review and respond to claims within 30 days of receipt. In some cases, the claim may require additional investigation which will require more time. We will acknowledge the claim within five working days of receipt of the written claim.
ExFreight should be informed immediately of a possible intent to claim in order to put the carrier on notice with a preliminary intent to file.
Furthermore, the time frame allowed for concealed damage claims varies across transportation modes. It’s also important to note changes to the National Motor Freight Classification (NMFC) rules regarding domestic LTL freight. Current filing deadlines are below:
