ARTICLE 7: LIABILITY, PROPERTY DAMAGE AND CARGO LOSS:
CLAIMS PROCEDURES
Contractor shall be liable for the loss, damage and delay to any cargo or goods handled, stored, carried or forwarded or otherwise covered by this Agreement up to the full value of such cargo or goods except as set forth below. The Liability of Contractor for loss, damage or delay to cargo or goods in storage and for service failures, including any variations with respect to individual Customers provided Services hereunder, and the process to be used for submission and resolution of such claims, including any limits upon the time to file such claims and any variations with respect to individual Menlo Customers provided Services hereunder, shall be as set-forth in an applicable SOW. To the extent not otherwise provided in the applicable SOW, Contractor shall not be liable upon any claim for loss, damage or delay to cargo in transit unless a written claim shall be received by Contractor within one hundred twenty (120) days after delivery of such shipment or the date such shipment should have been delivered. In any event, Contractor shall be discharged from all liability in respect of loss or damage unless suit is brought within two (2) years after the delivery of the goods or the date when the goods should have been delivered. In assessing any loss or damage, Contractor understands that some of the goods being transported for Menlo’s Customers, including vehicles or many parts thereof, involve distinct needs surrounding maintenance of the quality associated with their parts and safety. In this context, Contractor and any service provider to such Contractor agrees to abide by the determination of Menlo, concerning the marketability of damaged goods. Under no circumstances will damaged material be given to Contractor or any service provider to Contractor as part of the claims disposition process. However, should Menlo be able to obtain any salvage value for the damaged goods, such value shall be credited against the claim amount.