Common use of Cargo Clause in Contracts

Cargo. Employees shall not be charged with any cargo loss or damage except for loss or damage as may be caused by the employee's negligence, and in such cases, the employee must be given written notice of such intent to charge within fifteen (15) days from the date the Company is in receipt of a written report on the vehicle damages: it is further provided that in such cases, the employee shall have fifteen (15) days from the date of notice to file a written protest against claims for damages. However, if a protest is not filed by the employee within fifteen (15) days from the date of receiving notice, the charge against the employee for the negligence shall be final and not subject to any further arbitration. There shall be an absolute maximum of ten dollars ($10.00) per claim. The employees must give written assignment before any deductions are made from their pay cheque. Adequate lighting facilities shall be supplied and maintained at all loading points. Warnings or other alternate methods agreed to by the Company and Union Committee may be used to deal with damages in compliance with this Section. Where cargo loss or damage is caused by gross negligence or frequent negligence corrective discipline under Appendix "E" may be substituted for the ten dollars ($10.00) penalty. The Company shall review the employee's history under Section 10.1 above, before proceeding with disciplinary action under Appendix "E", Rules and Regulations. Section 10.2 It shall be the responsibility of the driver to check all equipment such as tools, tires and accessories as listed on the xxxx of lading, and to see that the cargo is free of damage before the vehicle is loaded. In the event a shortage or damage is discovered, it must be listed on the xxxx of lading and signed by the driver and the Company representative or the shipper of the vehicle if available. Drivers will not be held responsible for damages hidden due to inclement weather and other adverse conditions. Section 10.3 Where code numbers are used, the necessary information to interpret their meaning will be made available to the employees concerned. Section 10.4 The Company shall assume full responsibility for damages caused by loads being over the height specified in the Highway Traffic Act (currently 4.15 metres) except damages that are directly due to the driver's negligence. The Company shall supply proper mutually agreed upon measuring devices at all shipping areas and/or in equipment. Where the Company fails to supply a proper measuring device, the employee shall not be held responsible for damages or fines caused by over-height or over-length, except damages or fines that are directly due to the driver's negligence or carelessness. Section 10.5 All damages occurring while city and highway drivers are in the process of loading and unloading shall be subject to Section 10.1 of this Agreement. When third party liability is involved the incident shall be classed as a "Cargo Accident". Where such damages are directly due to the driver's negligence or carelessness, the Company may refer to Appendix "E", Article 1. Incidents within the scope of this Section will not be charged to the highway drivers's equipment driving record. Section 10.6 Wrong deliveries will be subject to the same provisions as in Section 10.1 of this Agreement.

Cargo. Employees shall not be charged with any cargo loss or damage except for loss or damage as may be caused by the employee's negligence, and in such cases, the employee must be given written notice of such intent to charge within fifteen (15) days from the date the Company is in receipt of a written report on the vehicle damages: it is further provided that in such cases, the employee shall have fifteen (15) days from the date of notice to file a written protest against claims for damages. However, if a protest is not filed by the employee within fifteen (15) days from the date of receiving notice, the charge against the employee for the negligence shall be final and not subject to any further arbitration. There shall be an absolute maximum of ten dollars ($10.00) per claim. The employees must give written assignment before any deductions are made from their pay cheque. Adequate lighting facilities shall be supplied and maintained at all loading points. Warnings or other alternate methods agreed to by the Company and Union Committee may be used to deal with damages in compliance with this Section. Where cargo loss or damage is caused by gross negligence or frequent negligence corrective discipline under Appendix "E" may be substituted for the ten dollars ($10.00) penalty. The Company shall review the employee's history under Section 10.1 above, before proceeding with disciplinary action under Appendix "E", Rules and Regulations. Section 10.2 It shall be the responsibility of the driver to check all equipment such as tools, tires and accessories as listed on the xxxx bill of lading, and to see that the cargo is free of damage before the vehicle is loaded. In the event a shortage or damage is discovered, it must be listed on the xxxx bill of lading and signed by the driver and the Company representative or the shipper of the vehicle if available. Drivers will not be held responsible for damages hidden due to inclement weather and other adverse conditions. Section 10.3 Where code numbers are used, the necessary information to interpret their meaning will be made available to the employees concerned. Section 10.4 The Company shall assume full responsibility for damages caused by loads being over the height specified in the Highway Traffic Act (currently 4.15 metres) except damages that are directly due to the driver's negligence. The Company shall supply proper mutually agreed upon measuring devices at all shipping areas and/or in equipment. Where the Company fails to supply a proper measuring device, the employee shall not be held responsible for damages or fines caused by over-height or over-length, except damages or fines that are directly due to the driver's negligence or carelessness. Section 10.5 All damages occurring while city and highway drivers are in the process of loading and unloading shall be subject to Section 10.1 of this Agreement. When third party liability is involved the incident shall be classed as a "Cargo Accident". Where such damages are directly due to the driver's negligence or carelessness, the Company may refer to Appendix "E", Article 1. Incidents within the scope of this Section will not be charged to the highway drivers's equipment driving record. Section 10.6 Wrong deliveries will be subject to the same provisions as in Section 10.1 of this Agreement. Section 10.7 Any claims of severity one and two that are not paid by the company will not be held against the driver. It will be the driver’s responsibility to follow up on all claims with the company.

Cargo. Employees shall not be charged with any cargo loss or damage except for loss or damage as may be caused by the employee's negligence, and in such cases, the employee must be given written notice of such intent to charge within fifteen (15) days from the date the Company is in receipt of a written report on the vehicle damages: it is further provided that in such cases, the employee shall have fifteen (15) days from the date of notice to file a written protest against claims for damages. However, if a protest is not filed by the employee within fifteen (15) days from the date of receiving notice, the charge against the employee for the negligence shall be final and not subject to any further arbitration. There shall be an absolute maximum of ten dollars ($10.00) per claim. The employees must give written assignment before any deductions are made from their pay cheque. Adequate lighting facilities shall be supplied and maintained at all loading points. Warnings or other alternate methods agreed to by the Company and Union Committee may be used to deal with damages in compliance with this Section. Where cargo loss or damage is caused by gross negligence or frequent negligence corrective discipline under Appendix "E" may be substituted for the ten dollars ($10.00) penalty. The Company shall review the employee's history under Section 10.1 above, before proceeding with disciplinary action under Appendix "E", Rules and Regulations. Section 10.2 It shall be the responsibility of the driver to check all equipment such as tools, tires and accessories as listed on the xxxx of lading, and to see that the cargo is free of damage before the vehicle is loaded. In the event a shortage or damage is discovered, it must be listed on the xxxx of lading and signed by the driver and the Company representative or the shipper of the vehicle if available. Drivers will not be held responsible for damages hidden due to inclement weather and other adverse conditions. Section 10.3 Where code numbers are used, the necessary information to interpret their meaning will be made available to the employees concerned. Section 10.4 The Company shall assume full responsibility for damages caused by loads being over the height specified in the Highway Traffic Act (currently 4.15 metres) except damages that are directly due to the driver's negligence. The Company shall supply proper mutually agreed upon measuring devices at all shipping areas and/or in equipment. Where the Company fails to supply a proper measuring device, the employee shall not be held responsible for damages or fines caused by over-height or over-length, except damages or fines that are directly due to the driver's negligence or carelessness. Section 10.5 All damages occurring while city and highway drivers are in the process of loading and unloading shall be subject to Section 10.1 of this Agreement. When third party liability is involved the incident shall be classed as a "Cargo Accident". Where such damages are directly due to the driver's negligence or carelessness, the Company may refer to Appendix "E", Article 1. Incidents within the scope of this Section will not be charged to the highway drivers's equipment driving record. Section 10.6 Wrong deliveries will be subject to the same provisions as in Section 10.1 of this Agreement. Section 10.7 (New) Any claims of severity 01 and 02 that are not paid by the Company will not be held against the driver. It will be the driver’s responsibility to follow up on claims with the Company.

Cargo. Section 10.1 Employees shall not be charged with any cargo loss or damage except for loss or damage as may be caused by the employee's negligence, and in such cases, the employee must be given written notice of such intent to charge within fifteen (15) days from the date the Company is in receipt of a written report on the vehicle damages: it is further provided that in such cases, the employee shall have fifteen (15) days from the date of notice to file a written protest against claims for damages. However, if a protest is not filed by the employee within fifteen (15) days from the date of receiving notice, the charge against the employee for the negligence shall be final and not subject to any further arbitration. There shall be an absolute maximum of ten dollars ($10.00) per claim. The employees must give written assignment before any deductions are made from their pay cheque. Adequate lighting facilities shall be supplied and maintained at all loading points. Warnings or other alternate methods agreed to by the Company and Union Committee may be used to deal with damages in compliance with this Section. Where cargo loss or damage is caused by gross negligence or frequent negligence corrective discipline under Appendix "E" may be substituted for the ten dollars ($10.00) penalty. The Company shall review the employee's history under Section 10.1 above, before proceeding with disciplinary action under Appendix "E", Rules and Regulations. Section 10.2 It shall be the responsibility of the driver to check all equipment such as tools, tires and accessories as listed on the xxxx of lading, and to see that the cargo is free of damage before the vehicle is loaded. In the event a shortage or damage is discovered, it must be listed on the xxxx of lading and signed by the driver and the Company representative or the shipper of the vehicle if available. Drivers will not be held responsible for damages hidden due to inclement weather and other adverse conditions. Section 10.3 Where code numbers are used, the necessary information to interpret their meaning will be made available to the employees concerned. Section 10.4 The Company shall assume full responsibility for damages caused by loads being over the height specified in the Highway Traffic Act (currently 4.15 metres) except damages that are directly due to the driver's negligence. The Company shall supply proper mutually agreed upon measuring devices at all shipping areas and/or in equipment. Where the Company fails to supply a proper measuring device, the employee shall not be held responsible for damages or fines caused by over-height or over-length, except damages or fines that are directly due to the driver's negligence or carelessness. Section 10.5 All damages occurring while city and highway drivers are in the process of loading and unloading shall be subject to Section 10.1 of this Agreement. When third party liability is involved the incident shall be classed as a "Cargo Accident". Where such damages are directly due to the driver's negligence or carelessness, the Company may refer to Appendix "E", Article 1. Incidents within the scope of this Section will not be charged to the highway driversdriver's equipment driving record. Section 10.6 Wrong deliveries will be subject to the same provisions as in Section 10.1 of this Agreement. Section 11.1 Employees shall not be permitted to allow anyone except employees of the Company who are on duty or other transport drivers broken down on the highway to ride on his truck except by written authorization of the Company.