Customer-Packed Goods, Customer-Stuffed Trailers and Containers Sample Clauses

Customer-Packed Goods, Customer-Stuffed Trailers and Containers. (a) If Goods have not been packaged, and if a trailer or shipping container has not been stuffed by or on behalf of Broker, then Broker shall not be liable for the loss of or damage to the Goods, and Customer shall indemnify and defend Broker from and against any loss, damage, liability, and expense, including reasonable attorneys’ fees that Broker has paid or incurred if such loss, damage, liability, or expense arises out of or is in any way connected with or is caused by, in whole or in part: (i) The manner in which the Goods, trailer, or shipping container was stuffed, filled, packed, or loaded; or (ii) The unsuitability of the Goods for Carriage in their packaging or in a trailer or shipping container; or (iii) The unsuitability or defective condition of the trailer or shipping container, provided that, if the trailer or shipping container had been supplied by or on behalf of Broker, that unsuitability or defective condition could have been apparent upon inspection by Customer at or prior to the time when the trailer or shipping container was stuffed, filled, packed, or loaded. (b) Customer shall inspect trailers or shipping containers before stuffing them and Customer’s use of a trailer or shipping container shall be prima facie evidence of its being suitable and without defect.
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Related to Customer-Packed Goods, Customer-Stuffed Trailers and Containers

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