American Group would like to thank our loyal customers for helping us to succeed into our seventeenth year! The past year has been interesting to say the least and, thanks to you, we have more than persevered – in fact, we grew more than 50% year-over-year. 2022 will bring improved technology, more AG teammates, and more carrier-partners to help simplify your shipping process. Again, thank you! AG stands ready with solutions to your most challenging transportation needs.
We are not the largest, nor do we want to be. Instead, we strive to be the BEST and truly want to simplify the shipping process for our clients – hence our motto, “Shipping. Simplified.”
American Group LLC (Company) shall have no liability for cargo loss, damage, distribution, or delay (“Cargo Claims”) except to the extent such Cargo Claims are solely caused by Company’s negligent acts or omissions. The liability of Company for such Cargo Claims shall be limited to the fees paid by Customer to Company related to the transaction giving rise to the claim. Company will not be responsible in any way for claims arising out of Customer’s negligence, Carrier’s negligence, or the negligence of any third party.
Company will use commercially reasonable efforts to assist Customer in filing claims with Carriers for cargo loss, damage, or destruction, but in no event will Company accept any such claim on behalf of a Carrier. Customer is solely responsible for filing claims with Carriers, unless Company otherwise expressly agrees to assist in writing, and Customer agrees to hold harmless and indemnify Company from any failure to timely file a claim with the Carrier. Company filing a claim on Customer’s behalf is in no way an admission of liability of Company.
Customer acknowledges a claim for damages does not relieve it from payment of freight charges under the terms of this Agreement. Timely payment is a condition precedent to the processing of a damage or insurance claim. Except for “all short” shipments, all freight charges must be paid before a claim will be processed – if the freight charges remain unpaid or partially paid, the claim will not be processed.
Customer acknowledges and agrees that the Carrier’s governing Rules Tariff shall determine the maximum standard liability coverage offered by the Carrier. If the shipment contains freight with a predetermined exception value, as determined by the selected Carrier, the maximum exception liability will override the liability coverage otherwise provided by the Rules Tariff. Carriers’ Rules Tariffs are publicly available online but will be provided by Company to Customer upon written request.
Customer acknowledges that the maximum Carrier limit of liability may be less than the value of the goods shipped.
Customer acknowledges that additional liability coverage through Company’s insurance providers may be purchased for an additional fee. If Customer wishes to purchase additional insurance, Customer must contact Company in advance of the shipment.
Customer acknowledges that all freight cargo claims should be submitted immediately to Company to help ensure timely resolution. Company will attempt to assist in the resolution of freight claims but has no responsibility or liability thereof.
Both Company and Customer agree that time is not of the essence in the performance of services contemplated hereunder.
All Carriers have a limit of liability. Limit of liability is the Carrier's maximum amount that they will pay per pound for loss or damage, regardless of the value of the goods. Liability for LTL shipments vary on a Carrier-by-Carrier basis, and the maximum liability can be up to $25 per pound for new goods but can be subject to lower amounts depending on the Carrier, packaging, freight class or other conditions. Maximum liability for goods that are used typically maxes out at $0.50 per pound, with $0.10 per pound being very common. When shipments move under FAK provisions, the limit of liability is based upon the freight class as billed, not as actual freight class. When shipping full truckloads, make sure to inquire about the maximum Carrier liability.
If the full value of their goods is not covered by the Carrier's maximum liability total, Customers may purchase optional Shipper's Interest Contingent Cargo Liability Insurance ("Third Party Insurance") from the Company prior to shipping their goods. Company has no responsibility or liability with respect to the issuance or denial of Third-Party Insurance, or in the payment or denial of claims. There are items that are excluded and not covered by cargo insurance, so please contact Company for clarification.
Customer should always inspect their freight for damage or signs of damage or shortage. Damage/shortage must be noted at the time of delivery on the delivery receipt. It is the consignee's responsibility to check the outside of crates, packaging, and pallet condition for dents, holes, and tears, and note details of any exception. The delivery receipt serves as the purpose of recording the facts at the time of delivery and certifies that the freight was received in good order unless otherwise noted. When no exceptions are noted, the consignee agrees that the goods were received and accepted in good order. Please take note that the consignee is not justified in refusing a damaged shipment unless the damage has made the freight worthless. If only partial damage or loss occurs, the consignee should accept the entire shipment and determine whether the damaged freight can be repaired.
The consignee should unpack and inspect freight before calling to report the damage or shortage. The concealed damage or shortage must be reported by the consignee, Customer, or shipper directly to the Carrier. Company will not file claims for concealed damages or shortages. Please note concealed damage MUST be reported within five (5) business days from the date of delivery (calendar days) in written/electronic form. An inspection may be required by the Carrier. The Carrier may offer one-third value or decline the claim.
After delivery, Carrier may require an inspection. Customer must contact Carrier's customer service for instruction. Occasionally the Carrier may not have an inspector examine the damaged freight. Instead, they may request the consignee or Customer inspect the freight. Most Carriers will send a waiver of inspection. The waiver will need to be provided when a claim is submitted. An inspection report is not a claim.
If the consignee refuses damaged freight, Carrier may request disposition. A letter of authorization needs to be sent to the Carrier authorizing the return of the damaged freight at no charge (deadhead PRO or free astray). Disposition must be handled by Company agent or claim representative.
If the consignee/Customer discovers that part of the shipment is short, the shortage must be noted on the delivery receipt at the time of delivery.
The consignee must note the shortage on the delivery receipt as a written alarm for Carrier's personnel who will attempt to locate the shortage. The Customer must notify the Carrier immediately. Before you make contact, please have the following information: freight bill number, names and addresses of the shipper and consignee, number of pieces, number of missing pieces, weight of shipment, delivery date, any part number or serial number, a complete description of the missing pieces (size, shape, color, packaging details, etc.), and any other information you would think helpful in identifying the lost freight.
As soon as the damage or shortage has been identified, you should complete the form on this page. Please contact your Company sales agent for the password to access the form. If the damage is deemed minimal and can be repaired, the repairs need to be completed prior to filing the claim. If the damage is deemed a total loss and requires complete replacement, the replacement must be shipped with the same Carrier to file for the replacement freight cost, or the claim can be filed with the original freight cost, whichever is greater.
If the freight charges have been paid and the damaged freight is undelivered or deemed worthless, the claimant may recover on them as the Carrier has not performed their contract of carriage. When a claim is filed based on the destination value of the goods, the value presumably includes the freight charges and thus these freight charges may not be separately claimed. Example: if freight costs are prepaid and included in the invoice price the invoice value to the purchaser represents the full actual loss. If the claim is based on the origin value of goods, then the freight charges may be added to the claim. Carrier will never reimburse more than they received for the transportation of the goods.
Once all the information has been submitted to Company's claims department, they will submit the claim to the Carrier for processing. Item 300120 of the National Motor Freight Classification states that Carriers will acknowledge a claim in writing within 30 days. Company will provide the acknowledgment and claim number to the Customer and sales agent. Customers can get claim status by email. Claims generally take 60 to 90 days to settle - legally, Carriers have up to 120 days to settle a claim. If Company receives a letter of declination from the Carrier, the Customer will be notified. Generally, the Company's claims department will send the Carrier a rebuttal, provided the Customer can submit additional information that would be pivotal in demonstrating the claim of Carrier negligence.
Claim payments equal to $499.99 or less will be credited to the Customer's account by Company. Claim payments for $500.00 or more will be paid to the Customer when Company receives the claim payment from the Carrier. Company will notify the Customer and Company's accounting department will process the claim payment within 7 to 14 days. Depending on the Customer's credit/payment status, a credit will be made to the Customer's account, or a check will be processed and mailed. Please note that when a damage claim is submitted by Company with Carrier on behalf of Customer, Company has a lien on any amounts recovered to the extent of open past-due invoices on the Customer's account.
Welcome Agents to the new secure American Group File Locker. Here you’ll find an extensive archive of the most requested collateral materials, forms, training materials, and other resources related to your sales efforts. Look around – if you can’t find what you’re after, let us know and we’ll add it.
John Benisek p. 480.361.5851 c. 480.692.8058
HEADQUARTERS 25 South Arizona Place
Chandler, AZ 85225
American Group 25 S. Arizona Place., Suite 300 Chandler, AZ 85225