- . salvage and claim resolution. Freight Claims. you must also release railcar as Release Rejected Empty via Thoroughbred Pacesetter or manual. Canadian National.
- The Grand Trunk Western Railroad. with DT&I still serves as an important freight hub for Canadian National. Canadian National Railways in the.
Damage Prevention & Freight Claims. Guidelines & Regulations. Canadian National Railway Company Terms Conditions Privacy Stay connected with CN.
This simple guide to shipping and receiving was designed with you in. NATIONAL MOTOR FREIGHT. Shipments originating in Canada are subject to Canadian. Damage Prevention & Freight Claims. Big business through Canada's Pacific. Canadian National Railway Company Terms.
Freight Claim or Overcharge Claim? What is the difference? Overcharge Claims. Miscellaneous Accounts handles and involve claims related to freight bills issued by Norfolk Southern. Examples of overcharge claims include: rate errors, duplicate payments, over payments, weight errors, prepaid versus collect disputes, rule 1.
DOT Requests Applications for Freight. for the Long-term Achievement of National. the Department of Transportation is helping.
Damage Prevention. Works with our customers to reduce damage to lading through education and discussion on how to best move product in the safest manner and damage- free. To determine what is a loss is the first step of Damage Prevention. Once notified, the Damage Prevention Department will provide the claimant instructions regarding the process of mitigation, salvage and claim resolution. Freight Claims. Handles claims related to lading loss or damage. Overcharge claims.
Need to submit an overcharge claim? Start the process here. Contact Us. Damage Prevention. If you are notifying NS of lading damage that is related to a railcar defect noted during/after unloading, you must also release railcar as Release Rejected Empty via Thoroughbred Pacesetter or manual release to OSS with the correct Rejection Reason Code/explanation.
Notification of lading damage to NS Damage prevention is a separate function that does not involve releasing railcars or their subsequent handling for possible repair. Reference: Norfolk Southern Condition of Carriage Rule 2. Release of Equipment at Destination.
To report damage, please fill out the online Damaged Freight form by logging into Access. NS. If you don't have an Access. NS account, click here to register.
Notification of Damage should occur as soon as possible. Note intermodal shipments are governed accordingly by NS Intermodal Rules Circular #2 Section 8. Freight Loss & Damage claims are handled according to NS Conditions of Carriage & NS Intermodal Rules Circular #2. Voice: 8. 00–7. 42–6. Fax: 4. 04–5. 82–5.
Email: damageprev@nscorp. Other Railroad Contact Numbers KCS8. Illinois Central.
Union Pacific. 80. Burlington Northern. Canadian National. Canadian Pacific. CSXT8. 77- 7. 44- 7. Freight Claims. To file a freight claim, please fill out the online Damaged Freight form by logging into Access.
NS. Access. NS provides Norfolk Southern customers with a single web based interface providing user- friendly informational support. Using Access. NS will allow you the ability to view and track the status of your claim. If you don't have an Access. NS account, click here to register. Voice: 8. 00–7. 42–6. Commodity type)Fax: 4. For manual freight claim remittance: Norfolk Southern Corporation.
Peachtree St. NE 1. Atlanta, GA 3. 03. The following are instructions and documents to help customers with the Freight Claims process.
Logistics and the Law: Freight claims in plain English. By Brent Wm. Primus, J. D., Contributing Editor. July 0. 1, 2. 01. It’s been said that the one area that most shippers are the least knowledgeable in is that of claims for cargo loss and damage. However, this does not mean that an understanding of claims isn’t vital to running an efficient transportation and logistics department.
The late William J. Augello, co- author of Freight Claims in Plain English, had a passion about this topic as few others have. I believe that there are at least two reasons why Bill felt so strongly about the importance of understanding claims. The first reason is financial. Unrecovered claims have a direct impact upon the bottom line of a company—and the tougher the economic times and thinner the margins the greater the impact.
As depicted in the accompanying chart, if your company operates at a 5 percent profit margin, to recoup the net revenues that would be lost by failing to recover a $1,0. Second, Bill believed that this knowledge is vital for shippers because they’re on their own when it comes to claims. For carriers, whose core business is transportation, the processing of claims is an integral part of their business, and all but the smallest of carriers are quite knowledgeable and very competent when it comes to defending against claims. For most retailers, manufacturers, and distributors, the transportation function is an unwanted headache—and claims represent a migraine. However, just because something is difficult does not mean that it can be ignored. George Pezold, co- author with Bill of Freight Claims in Plain English, emphasizes that: “Knowledge of the basic legal distinctions and the applicable laws and regulations is critical in dealing with cargo claims.” My goal over the next few pages is to provide transportation professionals with a refresher course in the basic legal principles relating to claims for cargo loss and damage. Basic legal principles.
The starting point in understanding cargo claims is to understand that a claim is based upon a breach of contract by the carrier, not whether the carrier was negligent. This arises out of the fact that the essence of a transportation contract is that the carrier agrees to move a piece of cargo from point A to point B. In return, the shipper agrees to pay the carrier. Implicit in this arrangement is that the cargo will indeed arrive at destination in an undamaged condition. When the cargo is lost or damaged, the basic contract for carriage has been breached, giving rise to the shipper’s claim. The contract for carriage can either be an individually negotiated contract between the shipper and the carrier; or, if none, the bill of lading, waybill, ocean bill, or other document issued by the carrier.
These bills will typically incorporate, by reference, the terms of the carrier’s tariff or service guide or otherwise titled terms and conditions. The term “incorporate by reference” simply means that the contents of one document are incorporated into the document at hand; for example a bill of lading, simply by referring to the other document such as the carrier’s tariff. Generally speaking, in order to prevail on a claim, the claimant has the initial burden of proving its claim.
The claimant must prove good condition at origin, damaged condition at destination, and the amount of its damages. After establishing these three elements, the burden of defense shifts to the carrier. Different rules apply depending upon mode.
Another very basic principle that must be kept in mind when dealing with a claim is that different legal principles and rules will apply depending upon the mode of transportation. Motor, rail, domestic water, international ocean, domestic air, or international air all have different time limits for filing claims and different deadlines for initiating lawsuits if a claim is denied. At one time the majority of carriers only operated in one particular mode. Now, many entities operate in more than one mode. For instance, UPS is licensed as a motor carrier, air carrier, and a non- vessel operating common carrier (NVOCC).
Accordingly, an important initial step in analyzing any claim is to determine which mode the carrier was operating in at the time of the loss and thus which liability regime would apply. This can be very challenging for international movements involving multiple carriers and various modes.
Basics of motor & rail carrier liability. The starting point for rail and motor carriers are two federal statutes, one for rail and one for motor that are colloquially known as the Carmack Amendment. Under both of these statutes the liability imposed is “for the actual loss or injury to the property.” However, carriers are allowed to limit their liability in exchange for a lower rate, and most do so. Carmack also sets minimum time standards for filing claims (nine months from the date of delivery) and for initiating lawsuits (two years from the date the claim is denied). It should be noted that the federal statutes do not themselves set these limits, but only prescribe the minimum. The significance of this is that if there is no tariff—as is often the case with small trucking companies—then there is no time limit to file a claim nor a two- year limitation on filing a lawsuit. It should also be noted that Carmack only applies if the carrier is providing a regulated service subject to federal jurisdiction.
When transporting an exempt commodity, like livestock, or operating in intrastate commerce (totally within one state), Carmack does not apply. For such shipments, the carrier could have tariff rules providing for shorter time limits than the minimum required by the Carmack Amendment. The essence of Carmack is that the carriers are considered to be a virtual insurer and are strictly liable for cargo claims. There are, however, five recognized exceptions or defenses: (1) an act of God, (2) an act of the public enemy, (3) an act of a public authority, (4) an act of the shipper, or (5) an inherent vice of the product. And, even though one or more of these factors might be present, the carrier must also show that it was free of negligence.