Cutts Worldwide Logistics, Inc. (CWL) acts as an intermediary in arranging for transportation and transmitting claims to the carriers and/or insurance company on behalf of the shipper. CWL does not accept and will not incur any liability in any way for the transmittal or disposition of claims between shippers, carriers and insurance companies.

To guard against loss of timely filing of claims that approaching the time limits, such claims should be filed DIRECTLY with the insurance Company or carrier by the shipper.

Claim Information

Cutts Worldwide Logistics, Inc. will follow the guidelines set forth by the National Motor Freight Classification (click here) and the Transportation Consumer Protection Council (formerly named Transportation Claims and Prevention Council, Inc.) It is important to monitor the dates closely. If the carrier does not pay the claim within a specific time, legal action may be necessary. Cutts Worldwide Logistics, Inc. may arrange arbitration if necessary.

Claims must be in writing

Claims for loss and damage can be mailed to the carrier and copied to Cutts Worldwide Logistics, Inc., P.O. Box 1070, Ackerman, MS 39735. Cutts Worldwide Logistics, Inc. will be glad to offer our opinions and answer any questions you may have. The essential elements of the claim form are:

1. Notice that a loss occurred;
2. The identity of the shipment;
3. The nature of the loss (damage, shortage, non-delivery, pilferage,etc.)
4. The amount of loss
5. A demand for payment

Necessary documentation presented with the claim should be:

1. Loss and damage form with the above information
2. Original Bill of Lading
3. Original Paid Freight Bill
4. Original Commercial Invoice
5. Inspection Report
6. Photographs
7. Delivery Receipt
8. Damaged Goods Disposition Report
9. Cause of Loss Statement
10. Quality Control Report
11. Packaging, Loading ,Blocking, Bracing, and Unloading Report
12. Other information relevant to the details of the claim

All claims must be submitted to Carrier within 90 days of the date of the shipment.

Concealed Damage Claims

All claimants need to be aware that shipments received without an exception notation on the delivery receipt are considered delivered "clear." IF the cargo is discovered after delivery to be damaged, but no exceptions were written upon the carrier's delivery receipt, the claim may be for "concealed" damages. Cutts Worldwide Logistics, Inc. should be notified immediately, but not later than fifteen (15) working days.

An inspection report must be requested of Cutts Worldwide Logistics, Inc. by telephone, with confirmation in writing. All material and packaging must be held in the receiving location for the carrier's inspection. A request for inspection is not a claim. If the carrier's inspection report is not made within (5) working days after the request for inspection, or the inspection was waived by the carrier, the consignee's inspection report will be recognized as verification of the damages by the carrier. The inspection report should be factual and not include opinion. Photographs should be included with the report.

Claim Acknowledgment

Claim acknowledgment must be in writing and sent by the carrier within 30 days after receipt thereof. There must be a carrier claim number and if any further documents are needed in the investigation of the claim, the carrier must request them at that time.

The carrier must pay, decline the claim or make an offer to settle the claim within 120 days after receipt. IF the claim still is not resolved in 120 days, the carrier must notify the claimant in writing as to its status every 60 days thereafter. These procedures are required by the government's regulations found in 49 C.F.R. (formerly 1005), which are reproduced in the National Motor Freight Classification.

If carrier fails to adhere to these regulations, carriers may be reported to the FMCSA, as it is a violation of the law. Cutts Worldwide Logistics, Inc. may advise Shipper/Carrier to arrange arbitration if necessary.

It is also understood that all settlements shall be between the Carrier and/or Insurance Company and Claimant, and that Cutts Worldwide Logistics, Inc. sole function is to facilitate communications and transmittal the claim.

Salvage

When a claim is filed for damages and the carrier pays the claim in full, the salvage becomes the property of the carrier and must be held for its pickup within 30 days of payment of the claim. Claimants may desire to keep the damaged goods, thus ensuring the product does not reach a salvage outlet or the marketplace in a damaged condition. If the damaged goods have any value as salvage or scrap, the claimant must give the carrier an allowance for that amount and the shipper must deduct it from the claim.

Liability Limit

Cutts Worldwide Logistics, Inc. arranges for transportation as a Broker. Our responsibility is that of coordinating the movement of your product. We do not take physical custody of the freight, we are not a carrier, and therefore have no liability for or insurable interest in the goods. It is the underlying carriers, which bear the responsibility for the care and safe delivery of your goods. Claims for loss and damage must be filed against the carrier within the time limits expressed in this contract.

The route used to transport a particular load may be by a single carrier or a series of carriers. Service may be provided under released value or limited liability. Limited liability is a major factor with the growing use of deregulated movements or Contract Carriers. For example, many of the rail carriers have a $200,000 maximum claim liability and a $100 filing fee and very short presentation periods. Cutts Worldwide Logistics, Inc. does not add any fees, but reserves the right to add administrative costs to the claim form, depending on the depth and complexity of the claim, should we so desire.

Cutts Worldwide Logistics, Inc. offers assistance in the processing of claims, if the guidelines are met in this contract. However, to guard against loss of timely filing of claims approaching the time limits, claims should be filed directly with the carriers.

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