Consignee shall accept overages in fulfillment of its duty to mitigate damages.
Overages will be returned to the consignee or shipper by carrier upon request
in return for payment of carrier’s applicable freight charges.
In the event consignor and consignee decline to accept overages and mitigate damages, carrier shall treat any overage as salvage and after notice shall sell same in accordance with the bill of lading contract and the terms of this circular. The proceeds of any such sale less carrier’s freight and storage charges shall be remitted to the person or persons lawfully entitled to receive same.
Carrier shall not be liable for any difference between the sales price of overage and the destination market value where the shipper and consignee decline to mitigate damages.
Unless the parties agree to voluntary alternative dispute resolution, disputed claims will be subject to 49 U.S.C § 14706 (the Carmack Amendment) subject to any applicable released evaluation. Claimant waives any right to set off or offset of contested and unliquidated cargo claims against freight charges otherwise due to carrier as a precondition of service. Claimants agree to forfeiture of any contested claim asserted by it as a set off after notice and demand for freight charges.
ISSUED: June 25, 2008 EFFECTIVE: September 25, 2008
Transportation Consultants Inc.
1000 Edwards Avenue
Harahan, LA 70123
RULES CIRCULAR 100