Please also read the Claim Procedures, Insurance Options and Limits of Liability concerning our Terms & Conditions and Conditions of Carriage.
Commodity Forwarders is dedicated to taking an aggressive approach to the processing of freight claims on behalf of our customers. Commodity Forwarders views ourselves as your logistic partner and will make every effort to see that your freight claim is settled to your satisfaction. However, the claim process tends to be lengthy and our customers should not expect a final ruling from date of filing for at least 120 days.
Due to the inherent nature of the airfreight business, CFI does not guarantee delivery by a stipulated date or a stipulated time, nor shall CFI be liable for the consequences of failure to make timely delivery. Although CFI, its agents or the airline will make every effort to secure and board your preferred flights, we are not responsible for loss of market value due to normal delays in transit, enhanced security protocols, failure to board scheduled flights, delays due to mechanical failure or lack of appropriate equipment necessary to properly tender the freight for air transportation.
Commodity Forwarders shall not be liable for loss, damage, or delay caused by Acts of God, public authorities, strikes, labor disputes, weather, mechanical, aircraft failures, acts or omissions of Customs or quarantine officials, or civil commotions. As a licensed IATA Air Freight Forwarder Commodity Forwarders acts as your agent with the carrier and does not influence the final ruling on any freight claim.
In the event of a freight claim in the absence of additional insurance coverage the airlines maximum liability on domestic air freight shipments is $.50 per lb and $20.00 per Kilo on international shipments. As a customer of Commodity Forwarders you have the option to request at an additional charge excess insurance coverage and must do so at time of booking. Rates for this additional coverage differ and are based on airline tariff.
Shippers are required to pack their shipments to withstand 48 hours in transit for domestic air freight shipments and 72 hours for international air freight shipments. Commodity Forwarders offers our customers several options to help maintain the most optimal temperature while in transit. These options are a deterrent to temperature fluctuations and are in no means a guarantee concerning arrival temperatures. The carriers are not required to maintain a cold chain for air freight shipments nor required to possess cold storage. For those carriers that do have cold storage they do so on a space available basis only.
Claims lodged based on the sole reasoning that damage or product deterioration was a result of delay in transit of less then 48 hours will not be considered a valid basis to file a claim and cannot be submitted to the carriers at any time. To insure that both CFI and our customers do everything possible to collect on all valid claims, please read the following carefully. All claims must be completed in the following manner. Upon acceptance of goods at the carrier your staff or designated agent should follow the following guidelines to minimize the possibilities of a claim denial.
Please read the following very carefully. It describes the limits of liability for Commodity Forwarders for all handling including misloading, temperature abuse or inventory discrepancies while in the possession of Commodity Forwarders. Coverage against Commodity Forwarders is to be considered separate from claims that result from a delay or negligence by a steamship, airline or trucking carrier that CFI coordinates on your behalf. After reading and reviewing your options please indicate by signature below whether you want the option to purchase declared value coverage or whether you are waiving this option and fully understand the limitations as noted.
Be advised you must complete both sections as the charges for CFI services and 3rd party carrier’s charges are billed separately and not to be considered once in the same.
3rd Party Carrier’s Limits of Liability – (A delay is described as anything over 48 hours in transit.)
1) For domestic shipments a Carrier’s maximum liability will be $.50 cents per pound/per shipment (but not less then $50.00 per shipment.) For iInternaitonal shipments a Carrier’s maximum liability will be $20.00 per kilo; unless the shipper declares a higher value (for an additional charge) on the air waybill at the time the shipment is tendered to the carrier.
2) For an additional charge the Shipper may declare a higher value for coverage, which will allow them to collect full value for the product. This coverage will only protect the shipper in the event that there is a delay in excess of 48 hours in transit or clear negligence by the domestic carrier.
Commodity Forwarders Limits of Liability
1) Commodity Forwarders maximum liability will be $.50 cents per pound/per shipment (but not less then $50.00 per shipment if the claim value does exceed $50.00), unless the shipper declares a higher value (for an additional charge – $1.00 per $100.00) at the time the shipment is booked with CFI.
2) For an additional charge the Shipper may declare a higher value for coverage, which will allow them to collect full value for the product in the event of a claims resulting from a CFI provided handling service not including a claim that results from a delay or negligence by a steamship, airline or trucking carrier that CFI coordinates on your behalf.
In tendering this shipment, the Shipper or Consignee agrees to these Terms & Conditions of Contract. No agent or employee of the parties may alter the attached document prepared by the Shipper or on Shipper’s behalf by Commodity Forwarders, Inc. henceforth known as CFI.
Commodity Forwarders does not assume liability for any claim as a result of an inability or unfulfilled responsibility deemed that of the air or ocean carrier. These responsibilities include and are not limited to sufficient air space to accommodate a specific booking, a delay resulting from enhanced security measures, weather or mechanical failure, lack of appropriate container equipment, failure to board on a designated flight or a re-accommodated routing which differs from the original booking. Further, it is stipulated that once the cargo is tendered to the air or ocean carrier any and all claims which are caused after the time of tender are to be considered a Carrier Claims and you should refer to our “Carrier Claim Procedure” section.
The shipper warrants that their shipments are packed adequately to protect their shipments and ensure safe transportation with ordinary care in handling. Shippers are required to pack their shipments to withstand 48 hours in transit for domestic air freight shipments and 72 hours for international air freight shipments. Commodity Forwarders offers our customers several options to help maintain the most optimal temperature while in transit. These options are a deterrent to temperature fluctuations and are in no means a guarantee concerning arrival temperatures.
Due to the inherent nature of the airfreight business, CFI does not guarantee delivery by a stipulated date or a stipulated time, nor shall CFI be liable for the consequences of failure to make timely delivery. CFI shall not be liable in any event for any special incidental or consequential damages, including but not limited to loss of profits or loss of income, whether or not CFI had knowledge that such damage might be incurred.
Any claim which is to be filed as a result of Commodity Forwarders handling or negligence must be done so according to our claim procedure. Any claim not filed accordingly may be rejected as a result. CFI shall not be liable for loss, damage, acts of terrorism, of delay caused by Acts of God, public authorities, strikes, labor disputes, weather, mechanical, aircraft failures, acts or omissions of Customs or quarantine officials, or civil commotions. All claims are paid based on costs of goods only and loss of profit or replacement of goods value will not be covered.
All claims (except overcharges) must be received in writing by CFI within 7 days after CFI accepted the shipment.
Concealed loss/damage must be reported in writing to CFI within 7 days after delivery, or if perishable, verbally within 24 hours, and with written follow-up either fax or e-mail within 48 hours after delivery.
Commodity Forwarders makes every attempt to settle their claims as quickly as possible. The claim process should take no more then 45 days from date of notification. Commodity Forwarders will also file claims with the carriers on the shipper’s/consignee’s behalf, however, Commodity Forwarders are dependent on carrier’s; their investigations, offers and settlements.
The Shipper or Consignee must make every reasonable attempt to mitigate the loss on Commodity Forwarders behalf. At no time does Commodity Forwarders take possession of the goods the final settlement value will be based on our interpretation of the Shipper or Consignee’s attempt to salvage. The Shipper of record bears title to the goods until such time as they are signed for and possession is taken by another party.
For our purposes the shipper is defined as the party which instructs Commodity Forwarders to co-ordinate the transportation of a particular shipment and not to be confused with the supplier of goods. These are not one and the same.
Legal action to enforce a claim must be brought within one year after the claim has been denied in writing by CFI, in whole or in part.
Commodity Forwarders liability in the event of a claim is $.50 USD per pound but not less than $50.00 per shipment, whichever is higher. Higher liabilities may be acceptable only by written contract, duly signed by the Shipper and Commodity Forwarders, Inc.
* Only for customers shipping international!