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Rules Circular 2

Effective September 1, 2016
Item 29 - Claims Procedure
  1. For the Shipper's convenience, for loss or damages of $250.00 or higher, RBL will file formal claims with the rail carriers or any other potentially liable party detailing the circumstances of, the extent of, and the cost to repair damages in excess of specified amounts.
  2. If the Shipper wishes to file a claim directly with the rail carrier, RBL will issue an assignment of claim interest, giving over all rights, title and interest in cargo damages that occurred while in the rail carrier's care and custody.
  3. Regardless of the above, Shipper must notify in writing the local RBL/"K" Line America office of any loss, damage or shortage immediately, but no later than 24 hours after occurrence. If at all possible, devanning the container should cease immediately upon discovery of cargo damage or a shortage. RBL may arrange an independent survey, although the cargo insurer may arrange a survey of their own. The RBL survey will be ordered by RBL counsel and is strictly for internal use only.
  4. RBL will file a claim for wet damage (except for Household Goods) on behalf of the Shipper where Shipper alleges that a defect in the "K" Line container was the cause of wet damage. However, if Shipper does not notify the local RBL/”K” Line America office within 24 hours of discovery of the alleged damage and give RBL an opportunity to arrange an immediate in-container survey on behalf of "K" Line, then "K" Line shall have no liability for such damage and such claim will be barred.
  5. Claims must be filed in writing to the address below and must be received by RBL no later than nine (9) months from date of delivery or if not delivered the date in which the cargo should have been delivered. If submitted claims have not been acknowledged by the Claims department within thirty (30) days, please contact the department immediately at either the phone number listed below or at (800) 609-3221 option 5 or e-mail the department at Ricbclaims@us.kline.com. Please fax copies of the original claim, with supporting documentation to the fax number listed below. "K" Line America, Inc.
     
      Attention: Claims Department
      8730 Stony Point
    Parkway
    Pky
    , Suite 400
      Richmond, VA 23235
      Tel: (800) 609-3221, option 5
      Fax: (804) 560-2014 or

      
    (804) 560-2191
  6. The following documents must be submitted to the RBL Claims department in order for RBL to file a formal claim with the proper party.
    1. A written, formal statement of the claim, outlining the claim amount.
    2. Information to identify the shipment including the equipment initials and number, approximate date the shipment was initiated, commodity(s) involved and the actual shipper's and receiver's names and locations.
    3. Shipping documents.
    4. Paid freight bill.
    5. Copies of the commercial invoice and packing list.
    6. Delivery record showing the condition and quantity of the cargo at the time it was unloaded. Copies of the claimant's survey (if applicable).
    7. Verification of loss or damages; photos, if any. Digital pictures are acceptable and should be forwarded via e-mail to the Claims department mailbox. The e-mail address is ricbclaims@us.kline.com. Please submit them in a JPEG format for easy transmission.
    8. Certificate of disposal or destruction.
    9. Shortage claims should also include the following:
      • Seals applied by the Actual Shipper and documents to show the number of pieces that were loaded.
      • Seals that were recorded at time of unloading as well as documents to show the number of pieces that were unloaded and the quantity and type of product that was noted short.
      • Interchange documents to show seal records at the time the shipment was delivered to and received from the rail carriers. The origin and destination drayage companies should have these documents. They must be furnished prior to filing a claim with the individual railroad. If the shipment involves multiple contracts of carriage and a drayage company was involved, interchange records must also be provided.
    10. Disposition of the damaged product. Some examples of disposition include disposal or destruction, evidence of reconditioning and selling on a secondary market to mitigate the loss or a reasonable salvage in lieu of rejection of the product.
  7. It is the Shipper's responsibility to take all necessary steps to mitigate the loss.