Loss Assurance
September 27, 2023
THIS LOSS ASSURANCE PROGRAM (this “LA”) APPLIES EXCLUSIVELY TO LOSSES INCURRED BY SENDERS ON THE CURRI PLATFORM, OCCURING IN THE COURSE OF DELIVERY SERVICES BROKERED BY OR OTHERWISE ARRANGED THROUGH CURRI’S PLATFORM AND/OR PERSONNEL. THIS LOSS ASSURANCE PROGRAM IS NOT INSURANCE AND ONLY APPLIES WITH RESPECT TO CARGO AND PROPERTY DAMAGE CLAIMS FOR WHICH CURRI IS LIABLE UNDER THE CURRI TERMS OF SERVICE (LOCATED AT https://www.curri.com/terms/terms-of-service, THE “TERMS”) AND/OR ANY CONTRACT BETWEEN CURRI AND THE APPLICABLE SENDER.
CURRI RESERVES THE RIGHT TO MODIFY THE TERMS OF THIS LOSS ASSURANCE PROGRAM AT ANY TIME IN ITS SOLE AND ABSOLUTE DISCRETION. ANY SUCH MODIFICATIONS SHALL BE EFFECTIVE UPON CURRI POSTING THEM TO ITS WEBSITE AT https://www.curri.com/loss-assurance.
All capitalized terms used in this Loss Assurance Program and not defined herein have the meanings assigned to them in the Terms. This LA only applies to Senders and provides no rights or benefits of any kind to any Deliverer or any other third party.
Background
Curri Inc. (“Curri”) is a licensed property broker by the Department of Transportation (“DOT”), with a broker registration number of 3350325 and Motor Carrier number of 1071003. As a licensed broker, Curri arranges for delivery services and freight transportation with individual drivers, motor carrier companies, and courier companies (each a “Deliverer”) to perform Delivery Services for Senders that book deliveries on the Curri Platform.
Pursuant to the Terms, and subject to all of the terms and conditions provided herein, Curri provides Senders with the assurance that any direct costs, losses or other liabilities (“Losses”) they incur resulting directly from the performance of Delivery Services (including damage to, or loss of, any Shipment tendered by the Sender to a Deliverer) booked through the Curri Platform or otherwise arranged by Curri’s brokerage personnel shall be reimbursed by Curri.
This LA is subject to all of the terms provided in Curri’s Terms and, with respect to any specific Sender, this LA is also subject to any other written agreements such Sender may have with Curri (“Agreements”). In the event of any conflict or inconsistency between this LA and the TOS or any Agreements, the TOS and/or the Agreements will control, provided that this LA shall be construed to be as consistent as possible with the TOS and any applicable Agreements.
Applicability.
Subject to all of the terms provided herein, and to the Sender’s reasonable cooperation with Curri in the resolution of any claims by the Sender for Losses, Curri will reimburse the amount of any Losses incurred by any Sender due to property damage resulting directly from the performance of Delivery Services by a Deliverer that was book through Curri’s Platform or other brokerage services (Curri’s reimbursement obligation the “Assurance”).
Limitations.
Curri’s Assurance provided in Section 2 is subject to the following limitations:
Cap.
Under this LA, Curri will reimburse a Sender up to a maximum of $25,000 for Losses incurred during a Delivery. Accordingly, Curri’s Assurance shall apply to the first $25,000 of Losses resulting from Delivery Services incurred during a single delivery, and the Assurance shall not apply to any Losses in excess of $25,000 resulting from a single delivery.
Cost Basis; Salvage Value.
Curri shall provide reimbursement for any lost or damaged property: (a) based on the cost basis of the property as demonstrated by documentary evidence to Curri’s satisfaction (i.e. the direct cost paid to acquire or manufacture the property, exclusive of shipping, taxes or other ancillary costs), after deducting the salvage value of the cargo from the Losses, if any, or (b) if a lesser amount, the actual cost reasonably incurred to repair the property.
Shipper Actions and Omissions.
Curri’s Assurance shall not apply to any Losses resulting from the negligence, intentional misconduct, or other errors or omissions of the Shipper, any consignor or consignee, or any other third party (except Deliverers), in connection with the Delivery Services (including, without limitation, with respect to any packaging, documenting, loading or unloading, or communicating with the Deliverer).
Documentary Evidence.
Curri’s Assurance will not apply to any claim for lost or damaged cargo if the consignee accepting delivery of the cargo signed to acknowledge receipt of the cargo in good condition and the Deliverer provided reasonably clear proof of delivery photos, unless the Shipper can provide clear and convincing direct evidence that the cargo was not delivered, was damaged, or that the damage could not reasonably have been caused by Shipper or been detected by the consignee upon acceptance.
Shipper Cooperation.
Curri’s obligation to provide Assurance under this LA is, with respect to all Losses, conditioned upon (a) the Shipper’s full and prompt cooperation with respect to Curri’s investigation of the Losses in all respects and with the filing of any insurance claims by Curri, and (b) Shipper providing to Curri a copy of all documentation, photos and other reasonably related evidence provided to or received from any Deliverer involved in the Delivery Servies giving rise to the Losses. Curri may require a physical inspection of any damaged property or any facilities related to any lost property as a condition to providing Assurance and Shipper must use their best efforts to make such physical inspection available to Curri.
Claim Process
All claims for reimbursement pursuant to this LA should be submitted to Curri by e-mail at Claims@curri.com. To expedite the claim process, all claims should be submitted with (1) a description of the loss and the events causing the loss, (2) photos of the damaged property (if available and applicable), (3) documentation showing the cost basis value of the damaged or lost property, and (4) an indication of the salvage value of the property, if any.
Curri’s claims department will generally respond to all newly filed claims within 1-2 business days and may seek to take immediate action, prior to processing payment on any claim, to mitigate or ameliorate any Losses.
Curri’s claims team will review all claims and follow up with any relevant Deliverers if appropriate to verify the facts supporting the applicability of this LA. After the collection and review of all relevant information, Curri’s claims team will make a determination in its sole discretion regarding the applicability of this LA, which determination shall be final and binding. Processing times will vary based on the facts and circumstances surrounding each claim, and may take up to several weeks or months in rare instances, depending principally upon the responsiveness and cooperation of the parties involved.
Payment
If Curri determines that a claim is eligible for reimbursement under this LA, payment of the reimbursement amount will be made following (a) the Shipper’s execution of a Waiver and Release of Claims that is satisfactory to Curri in its sole discretion, (b) the Shipper confirming the manner in which the Shipper should be reimbursed, along with any information requested by Curri in order to process the payment.
Payment will be made to the Shipper by one of the following methods, based on the Shipper’s election:
Curri Credit
The Shipper may elect to receive any reimbursement amount under this LA as a credit on the Shipper’s account on the Curri Platform, which may be used to pay for additional Delivery Services on the Curri Platform in the future. Curri Credit is the fastest means of receiving a reimbursement.
Deduction off Delivery Service fees owed to Curri
The Shipper may elect to have the reimbursement amount deducted off amounts owed by the Shipper to Curri.
Payment by Check
The Shipper may elect to have a check for the reimbursement amount mailed to the Shipper’s offices.
If you have any questions about this Loss Assurance Program, please contact Curri’s claims department at Claims@curri.com
