Joyner Freight — Liability & Claims Policy
1. Purpose
This Freight Liability & Claims Policy ("Policy") describes how Joyner Transportation & Logistic Services LLC ("Joyner," "we," "us," or "our") handles freight loss, damage, and delay claims arising from Joyner Freight motor carrier services. This Policy supplements the Joyner Freight Terms & Conditions and the Shipper Agreement and is incorporated by reference into each.
2. Legal Framework
Joyner's liability for freight loss, damage, or delay as a motor carrier is governed by the Carmack Amendment to the Interstate Commerce Act (49 U.S.C. § 14706) and implementing regulations at 49 C.F.R. Parts 370–371. The Carmack Amendment establishes the exclusive framework for shipper cargo claims against motor carriers in interstate commerce and preempts state law claims for cargo loss and damage.
Under the Carmack Amendment, a motor carrier is liable for actual loss or injury to property caused by the carrier unless the carrier can establish one of five recognized defenses: (1) act of God; (2) act of public enemy; (3) act of the shipper; (4) act of public authority; or (5) inherent vice or nature of the goods.
3. Released Value
Unless a higher declared value is established in writing on the bill of lading at the time of shipment and Joyner agrees in writing to accept liability at the higher value for an additional charge, the released value of all freight transported by Joyner as a motor carrier is:
- $0.10 per pound per article — this is the maximum amount Joyner will pay for any cargo loss or damage claim absent a higher declared value
Example: A 500-pound shipment with no declared value has a maximum carrier liability of $50.00 (500 lbs × $0.10/lb), regardless of the actual market value of the goods.
Shippers who wish to establish a higher released value must declare the value on the bill of lading, agree to pay any applicable valuation charge, and obtain Joyner's written confirmation of the higher value prior to shipment. Joyner's liability will not exceed the lesser of the declared value or the actual documented loss.
4. Inspection at Delivery — Critical Step
Shippers and consignees are strongly encouraged to inspect all freight at delivery before signing the delivery receipt or bill of lading. The following rules apply:
- Visible damage or shortage at delivery: Must be noted clearly on the delivery receipt or bill of lading before the driver departs. Failure to note visible damage or shortage at delivery creates a presumption that freight was received in good condition and significantly weakens any subsequent claim.
- Concealed damage: If damage is discovered after the driver has departed and was not visible at delivery, a concealed damage claim must be filed within fifteen (15) days of delivery. Concealed damage claims filed after fifteen (15) days may be denied.
- Refused delivery: If freight is refused at delivery due to visible damage, note the refusal and reason on the delivery receipt and contact Joyner dispatch immediately. Do not accept damaged freight and then file a claim — partial acceptance limits recovery options.
5. Filing a Freight Claim
5.1 Who May File
A freight claim may be filed by the shipper of record, the consignee, or any party with a financial interest in the freight. The claimant must establish that they have the right to file the claim (i.e., they bear the risk of loss for the freight).
5.2 Filing Deadline
All freight loss and damage claims must be filed in writing with Joyner within nine (9) months of the delivery date. For non-delivery claims, the deadline is nine (9) months from the date the freight should have been delivered based on the applicable transit time. Claims filed after this deadline will be denied as time-barred, consistent with 49 C.F.R. § 370.9 and applicable law.
5.3 How to File
Submit freight claims in writing to:
- Email: claims@myjoyner.com (subject line: "Freight Claim — [BOL Number]")
- Mail: Joyner Transportation & Logistic Services LLC, Attn: Freight Claims, Atlanta, Georgia
5.4 Required Documentation
To be considered complete, a freight claim submission must include all of the following:
- Completed Joyner freight claim form (available at claims@myjoyner.com upon request)
- Original or copy of the bill of lading
- Delivery receipt noting exceptions (for visible damage claims)
- Clear photographs of the damaged freight, packaging, and any visible carrier markings
- Original invoice or purchase order showing the commercial value of the freight
- Repair estimate(s) from a qualified repair facility (for damaged goods capable of repair)
- Salvage value documentation if the freight has been or will be sold for salvage
- For shortage claims: packing list confirming original piece count
- Any other documentation reasonably requested by Joyner to evaluate the claim
Joyner will acknowledge receipt of a complete claim within five (5) business days. Incomplete claims will be returned with a request for the missing documentation.
6. Claim Investigation & Resolution
Upon receipt of a complete claim, Joyner will:
- Assign a claims reference number and confirm receipt within five (5) business days
- Review the claim documentation, driver records, and any available photographs from the transit
- Inspect or arrange for inspection of the damaged freight where necessary and practicable
- Issue a written determination — approving, partially approving, or denying the claim — within one hundred twenty (120) days of receipt of a complete claim, consistent with 49 C.F.R. § 370.9
If Joyner requires additional time beyond 120 days to resolve a claim, Joyner will notify the claimant in writing of the reason for the delay and the anticipated resolution date.
7. Claim Payment
Approved claims will be paid within thirty (30) days of the written determination approving the claim. Payment will be made to the claimant of record by check or ACH transfer. Joyner reserves the right to offset approved claim amounts against any outstanding freight charges owed by the claimant to Joyner.
Acceptance of a claim payment constitutes full and final settlement of the specific claim for which payment is made and releases Joyner from any further liability for that shipment, unless the settlement agreement expressly provides otherwise.
8. Claim Denial & Appeal
If a claim is denied in whole or in part, Joyner will provide a written denial stating the basis for the denial. Claimants who disagree with a denial may submit a written appeal to claims@myjoyner.com within sixty (60) days of the denial, providing any additional documentation or arguments supporting the claim. Joyner will review the appeal and issue a final written determination within sixty (60) days of receiving the complete appeal submission.
If the appeal is denied, the claimant may pursue the claim through the dispute resolution process described in Section 10. Civil actions on freight claims must be filed within two (2) years of the date of the written denial of the claim, consistent with 49 U.S.C. § 14706(e).
9. Mitigation of Loss
Claimants have a duty to mitigate their losses. This includes: (a) arranging for repair of repairable damaged goods rather than claiming replacement value where repair is commercially reasonable; (b) arranging for salvage of damaged goods rather than disposing of them, to the extent salvage value can be recovered; and (c) taking reasonable steps to minimize consequential losses. Failure to mitigate may reduce the recoverable claim amount.
Do not dispose of damaged freight or its packaging before Joyner has had an opportunity to inspect it or has expressly authorized disposal. Premature disposal may result in denial of the claim.
10. Dispute Resolution & Governing Law
All disputes arising out of or relating to freight claims are subject to the Joyner Arbitration & Dispute Resolution Policy. This Policy is governed by applicable federal transportation law, including the Carmack Amendment and 49 C.F.R. Parts 370–371, and to the extent not preempted, by the laws of the State of Georgia.
11. Contact
Freight claims: claims@myjoyner.com | General freight inquiries: freight@myjoyner.com | Joyner Transportation & Logistic Services LLC | Atlanta, Georgia.
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