SHIPPER and/or or BROKER acknowledges and agrees that the liability of Pinnacle Logistics and/or Servicing Motor Carrier for cargo loss, damage or delay shall be limited to $.50 per pound per package unless at the time of tender, the SHIPPER declares a higher value in the appropriate space on the Bill of Lading. Liability shall in no event exceed the Declared Value of the shipment, or the actual amount of loss or damage, whichever is lower.
In the event of a cargo loss, damage or shortage claim, SHIPPER and/or or BROKER agrees to notify Pinnacle Logistics promptly by phone and to subsequently submit to Pinnacle Logistics a written claim, fully supported by all relevant documentation, including but not limited to the signed delivery receipt, listing nature and cause of the claim for cargo damage within twenty (20) days following date of delivery.
Pinnacle Logistics shall have no liability for cargo loss, damage, or shortage except to the extent such claims are caused by Pinnacle Logistics’s negligent acts or omissions, in which case, Pinnacle Logistics’s liability shall likewise be limited to $.50 per pound per package unless at the time of tender, the SHIPPER declares a higher value in the appropriate space on the Bill of Lading. Liability shall in no event exceed the Declared Value of the shipment, or the actual amount of loss or damage, whichever is lower. With respect to Servicing Motor Carrier’s insurance, the failure of the Servicing Motor Carrier to possess insurance required by law will NOT be deemed a negligent act or omission on the part of Pinnacle Logistics.
All claims for loss, damage or delay must be filed within twenty (20) days following the date of delivery or the date on which delivery should have occurred and any lawsuit arising from such claim must be commenced within one (1) year of denial of all or any part of such claim.