DAMAGE CLAIMS

Office Movers Express (OMX) shall not be liable for loss or destruction of, or damage to, Product, unless the presence of damage to Product is notated by Customer on the delivery documentation and a claim is made in writing within ten (10) days after the date the Product was delivered or demand thereof is refused.  Customer acknowledges and agrees that it bears the burden of proving that Product was damaged while in the care, custody and control of OMX. Before OMX will process a claim asserted under this Agreement, Customer must supplement its claim filing with documentation which evidences that OMX has been paid in full for all Services rendered hereunder. If claims are not timely submitted and/or if Customer fails to pay in full for Services, Customer’s right to file a claim is effectively waived.  OMX reserves the right to verify claimed loss or damage by a surveyor at OMX’s expense, including the right to test, sort and segregate Product.  In the event of damage and payment for Product at replacement cost, OMX shall be entitled to physical possession and ownership of the damaged Product for purposes of salvage.