Consequences of Improper Loading. Loads that shift in transit because they were not properly prepared for shipment will be reloaded, resecured or adjusted in the equipment or transloaded into other equipment, at our customer’s expense. We will work with the underlying transportation provider and our customer in an effort to minimize the expense and delay due to such adjustment or transloading of the freight, and upon your request, will facilitate communications with the underlying transportation providers to provide the customer (and its consignor) with information and guidance so that it will be able to properly prepare future shipments. If a load shift occurs during transportation and it is determined that improper or insufficient loading, blocking and bracing proximately caused the load shift, we and the underlying transportation providers may hold our customer liable for all expenses and charges arising from the load shift, including the repair of damaged equipment, loss or damage to freight, fines, penalties and adjustment and transload services. We reserve the right to stop the transportation of the shipment until payment for such expenses and charges is received. If a transportation provider is cited and fined for noncompliance with highway weight laws, that transportation provider will have the right to recover incurred costs from the parties that caused the container or trailer to be overloaded or improperly loaded.
