Cargo Loss and Damage Claims
Issue Date: 8/1/2012
Effective Date: 8/1/2012
- DUBL will assume liability for cargo loss and damage under the federal laws applicable to common carriage in effect on the date of the shipment and the terms and conditions of the Uniform Straight Bill of Lading, except as shown herein, or to the extent otherwise specifically outlined in participating tariffs or contracts. DUBL's liability for cargo loss and damage begins upon signing the receipt or bill of lading for property it receives for transportation. DUBL will investigate and dispose of cargo loss and damage claims under common carrier provisions as set forth in 49 C.F.R. Part 370, and STB NMF 100 Series, Items 300100 through 300155.
- All claims for loss, damage or delay must be filed in writing or online by visiting www.Dugantruckline.com within nine months after the delivery or reasonable time for delivery has elapsed for non-delivery. When claims are not filed within the prescribed times such claims shall be barred and not paid.
- A customer code assigned by DUBL with established pricing is required for filing a claim. Claims filed by a party without established pricing shall be returned and must be filed by the correct customer.
- DUBL will make every effort to meet our published transit times for shipments tendered for transportation. In those instances where the transportation of an individual shipment does not meet our published transit time, DUBL will not be liable to Consignor, Consignee or their agents for any and all direct or incidental damages or costs claimed to result from this failure to meet the published transit times.
- Any lawsuits for cargo claims shall be instituted against DUBL no later than two years and one day from the day when written notice is given by DUBL to the claimant that it has disallowed the claim or any part or parts of the claim specified in such notice. Where claims are not filed or lawsuits instituted thereon in accordance with the foregoing provisions, DUBL shall not be liable and such cargo claims shall be barred and not paid.
- Customer shall not deduct or offset any cargo claim or alleged claim from charges owed to DUBL. Any such deductions will continue to be due and maybe subject to late pay fees per item 260 of this tariff.