Please Read Carefully Before Filing Claims | Mountain Moving & Storage

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Please Read Carefully Before Filing Claims

A. It is essential that claimants make use of this form for filing claims with carriers in order that your claim receive prompt attention. Under the uniform bill of lading Sec. (2B) it is a condition prerequisite that claims be filed in writing with receiving or delivering carrier. Claims will be considered properly presented only when the information and documents called for on the other side of this form have, as far as possible, been supplied. Sec. 2B of Contract Terms and Conditions provides in part as follows: “As a condition precedent to recovery, claims must be filed in writing with the receiving or delivering carrier, or carrier issuing this bill of lading, or carrier in possession of the property when the loss, damage, injury or delay occurred.

B. The terms under which properly is accepted and transported by a carrier are stated on the bill of lading issued by the carrier; also in tariffs and classifications issued or subscribed to by the carrier. Persons intending to file claims should before doing so, examine the terms and conditions under which the property was accepted and transported.

C. Carriers and their agents are bound by the provisions of law, and any deviation therefrom by the payment of claims before the facts and measure of legal liability are established will render them as well as the claimant, liable to the fines and penalties by law. Section216d of the Motor Carrier Act of 1935 provides in part as follows; “It shall be unlawful for any common carrier by motor vehicle engaged in interstate or foreign commerce to make, give, or cause any undue or unreasonable preference or advantage to any particular person, port, gateway, locality, or description of traffic in any respect whatsoever, or to subject any particular person, port, gateway, locality, or description of traffic to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever.”

C. Carriers and their agents are bound by the provisions of law, and any deviation therefrom by the payment of claims before the facts and measure of legal liability are established will render them as well as the claimant, liable to the fines and penalties by law. Section216d of the Motor Carrier Act of 1935 provides in part as follows; “It shall be unlawful for any common carrier by motor vehicle engaged in interstate or foreign commerce to make, give, or cause any undue or unreasonable preference or advantage to any particular person, port, gateway, locality, or description of traffic in any respect whatsoever, or to subject any particular person, port, gateway, locality, or description of traffic to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever.”

E. Under the provisions of the Motor Carrier Act, 1935, it is unlawful for a carrier to charge or demand or collect or receive, any greater or less or different compensation for the transportation of property than the rates and charges named in tariffs lawfully on file…To refund or remit in any manner or by any device, any portion of the rates and charges so specified through the payment of fraudulent, fictitious or excessive claims for loss or damage to merchandise transported is as much a violation of law as is a direct concession or departure from the published rates and charges.

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