RELEASE OF ALL CLAIMS AND DEMANDS AND ASSIGNMENT
1. WHEREAS, _________________________________ ("Customer") tendered
to Manila Forwarders, LLC one package
for transport to the Philippines on or about _____________________, hereinafter
the "Shipment".
2. WHEREAS, ON May 30,
2009, Manila Forwarders, LLC tendered the Shipment to Eliazar Noe Silva bda
Gauchos Trucking
("Gauchos Trucking " ) in container number NYKU4538082 for transport
from Los Angeles, CA to the Port of Long Beach.
3. WHEREAS, while container
number NYKU4538082 was in the care, custody and control of Gaucho's Trucking,
it was stolen
by unknown persons and as a result the Shipment was lost and has not been recovered.
4. WHEREAS, according
to the executed Claim Report attached hereto Customer alleges that the Shipment
contained certain
items as detailed in the Claim Report.
5. WHEREAS, the agreed-upon limitation of liability between Customer and Manila Forwarders, LLC is $200 per package.
6. WHEREAS, to avoid
the expense and inconvenience of litigation, Customer for and in consideration
of the sum of Two
Hundred Dollars ( $200 ) paid by Manila Forwarders, LLC, aggress to release
and discharge Manila Forwarders, LLC
and all other persons and entities involved in the transport, handling or storage
of the Shipment, and each of their respective
past and present officers, directors, shareholders, partners, agents, employees,
administrators, attorneys, insurers, representatives
and assigns, of and from any claims, including claims, demands, actions, causes
of action, attorneys fee and/or costs arising out of
or in anyway connected with the Shipment, except for the rights that Customer
has against Gauchos Trucking.
7. To the extent Customer
has any rights against Gaucho's Trucking concerning the loss of the Shipment,
Customer hereby sells,
transfers and assigns to Manila Forwarders, LLC, all such rights.
8. With regard to any
causes of action or claims which are presently unknown, Customer acknowledges
and realizes that factual
matters now unknown to him/her may give rise to such causes of actions and claims,
and that this Release has been negotiated and
agreed upon in light of that realization, and that having been made fully aware
of that situation, Customer nevertheless intends to
release unknown claims. In this connection, Customer has been advised of the
provisions of Section 1542 of the California Civil
Code, and the benefits of such Section are hereby expressly waived. Said Section
provides:
A general release does
not extend to claims which the creditor does not know or suspect to
Exist in his favor at the time of executing the release which if known by him
must have materially
Affected his settlement with the debtor.
IN WITNESS WHEREOF, THE FOLLOWING HEREBY EXECUTES THIS RELEASE AND ASSIGNMENT.
DATED: _________________________
______________________________________________
TYPE CUSTOMER'S NAME
_______________________________________________
SIGNATURE BELOW NAME
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