IN THIS DOCUMENT, “WE,” “OUR” AND “US” REFER TO CARDIN-TRIDENT, ITS EMPLOYEES, AND AGENTS. “YOU” AND “YOUR” REFER TO THE SENDER, ITS EMPLOYES, AND AGENTS. You are responsible for adequately packaging your goods.
Right to Inspect
We may, at our option, open and inspect your shipments before or after you give them to us to deliver
Limitations on Our Liabilities Not Assumed
Our liability in connection with each shipment or vehicle, whether consisting of one or more skids or cartons or vehicles, is limited to the lesser of your actual damage or $50.00 (fifty-dollars) unless you declare a higher value, pay an additional charge, and documents your actual loss in a timely manner you may pay additional charge of ((51:50) for each $100 of declared value. The declared value does not constitute, nor do we provide, cargo liability insurance. In any event, we will not be liable for loss or damage whether direct, incidental, special, or consequential in excess of the declared value of a shipment, whether or not Cardin-trident had knowledge that such damages might be incurred including but not limited to loss of income and profit. We won’t be liable:
• For your acts or omissions, including but not limited to improper or insufficient packaging, securing, marking, or addressing or those of the recipient or anyone else with an interest in the shipment(s).
• For loss, damage, or delay caused by events we cannot control, including but not limited to acts of God, perils of the air, civic commotions, or acts of public authorities with actual or apparent authority or steamship line delay.
• If the recipient accepts your shipment without nothing any damage on the deliver records. “We will assume the shipment(s) delivered in good condition.
• For items of extra ordinary value shipment containing such as items cash, artworks, furs, jewelry, precious metals, negotiable securities, electronics or other high value items
• The customer agrees that their vehicle is insured and their insurance has primary responsibility.
Filing a claim
All complaint regarding loss or damage of any kind must be submitted in writing within 14 days of acceptance by Cardin-trident, failing which we shall have no liability whatsoever. We are not obligated to act on any claims until all transportation invoices have been fully paid
Fees and Charges
• Storage: any vehicle left in our premises/warehouse beyond 15 days will be charged a fee of $15.oo per day starting on the 16th day. Any freight or personal items/freight left in our premises beyond 31 days will be charged a fee of $5.00/skid per day starting on 31st day
• 15/30 day free of storage is void if vehicle or property is removed from our yard and not shipped through Cardin-Trident
• Terminal: any vehicle NOT being exported and removed from the premises for any reason will be charged $50:00 and storage fees will begin from the first day at the rate of $15/day
Thank you for shopping with Cardin-Trident. We appreciate your business and want to provide the highest quality service at all times. Please be assured that while every effort is made to ensure safe delivery of your goods sometimes loss and /or damage does occur.
Cardin-Trident Role And What You Will Recover Should A Loss Occur
Shipping by ocean
While Cardin-Trident, arranges for the transportation of goods, by law it is the carrier who bears responsibility for loss or damage to your freight. The carrier’s liability for freight moving over the ocean governed by the carriage of Goods by Sea Act (COGSA). Under the terms of COGSA, the most you could recover from the shipping lines in the event they are proven negligent is $500 for each customary freight unit (CFU). Measurement of the CFU is widely defined, and it can vary from one container to one pallet.
COGSA is entered on the liability of the carrier. At the heart of the concept carrier liability is the idea that the carrier is not responsible for paying claims if they did not cause or contribute to the loss. In the event that Cardin-Trident acts as an NVOCC and assumes carrier liability, recovery in the event of a claim is still limited by COGSA in the bill of lading terms and conditions.
In an effort to better define carrier liability, Hague Visby rules were created to define 17 circumstances under which the carrier cannot be held liable. If a loss is caused by anyone of the following defenses: the ocean carrier will not pay for any part of the loss.
• Any neglect default or error of the carrier in navigation or of management of the ship
• Perils or damages of the sea (storm etc.)
• Act of God
• Act of war
• Act of public enemy’s arrest, restraint, or seizure
• Defects not discoverable by due diligence
• Quarantine restriction
• Acts of omission of the shipper or owner
• Strikes, lockout, or labor shortage
• Riots of civil commotion
• Inherent defects, defect, quality or vice of the goods
• Attempting to save life or properly at sea
• Insufficient packing
Shipping by Air
Air carriers limit their liability in a similar fashion as ocean carriers. Under the Montreal convention, carriers will pay 19 SDRs (about$28) per kilogram only if it can be proven they were negligent. Once again, the burden of proof is on the shipper, and it is often difficult to prove that the carriers was at fault
How Can You Protect Yourself?
“All Risk” shipper’s interest coverage provides the owner of the cargo with coverage for direct physical loss or damaged to the cargo without the need to prove liability. If a loss occurs; you will be paid, our subrogation specialists will handle us work with the carrier.
Advantages of Insuring Your Cargo Through Cardin-Trident Policy
• Covered losses are paid without the need to prove carrier negligence. After your loss is paid, we work with the carriers to ensure your historical losses are minimized
• No need to demonstrate where the loss occurred
• Claim payments based on insured value, not weight of pieces missing/ damaged or carriers limited liability
• Client name will report and handle claims on your behalf