SEALED SHIPMENT Clause Samples

SEALED SHIPMENT. If Shipper loads and seals the cargo and the Carrier does not have the opportunity to count the cargo being loaded and the seal is intact upon delivery, then Cornerstone and the Carrier are absolved from any liability for shortages or any damage to the cargo except when proximately caused by independent action of Cornerstone or the Carrier. Such absolution of liability will also occur if (I) the seal is broken at the direction and under the supervision of an agent of a governmental authority, or (ii) the carrier equipment is preloaded and the Carrier’s representative cannot practically determine the adequacy of loading or count of the cargo in or on such Intermodal Equipment. Cornerstone will direct the Carrier to request any governmental authority that breaks a seal in connection with an inspection to reseal the trailer or container and/or make appropriate notation on the cargo documentation form. Shipper agrees that the Carrier engaged by Cornerstone may break the seal on a trailer or container if, upon its determination, it becomes reasonably necessary to do so to inspect, reposition, or protect the cargo from damage or causing damage or the transportation equipment or to comply with federal, state, and municipal, laws, rules, and regulations. Shipper’s consignee may not refuse delivery of a shipment solely because the seal on a Motor Carrier or Intermodal Equipment is broken.

SEALED SHIPMENT. If Shipper loads and seals the cargo and the Carrier does not have the opportunity to count the cargo being loaded and the seal is intact upon delivery, then B.O.G and the Carrier are absolved from any liability for shortages or any damage to the cargo except when proximately caused by independent action of B.O.G or the Carrier. Such absolution of liability will also occur if (I) the seal is broken at the direction and under the supervision of an agent of a governmental authority, or (ii) the carrier equipment is preloaded and the Carrier’s representative cannot practically determine the adequacy of loading or count of the cargo in or on such Intermodal Equipment. B.O.G will direct the Carrier to request any governmental authority that breaks a seal in connection with an inspection to reseal the trailer or container and/or make appropriate notation on the cargo documentation form. Shipper agrees that the Carrier engaged by B.O.G may break the seal on a trailer or container if, upon its determination, it becomes reasonably necessary to do so to inspect, reposition, or protect the cargo from damage or causing damage or the transportation equipment or to comply with federal, state, and municipal, laws, rules, and regulations. Shipper’s consignee may not refuse delivery of a shipment solely because the seal on a Motor Carrier or Intermodal Equipment is broken.

SEALED SHIPMENT. If Shipper loads and seals the lading in or on the trailer and Carrier does not have the opportunity to count the lading being loaded and the seal is intact upon delivery, Carrier shall be absolved from any liability for shortages or any damage to the lading except when proximately caused by independent action of Carrier. Such absolution of liability will also occur if (i) the seal is broken at the direction and under the supervision of an agent of a body politic, or (ii) trailers are preloaded and the adequacy of loading or count of such trailer is not practical by a representative of Carrier. Carrier agrees that if a seal is broken and an inspection made by an agent of a body politic, its operator or other representative will take all reasonable steps to secure the count, safety, and integrity of the lading. These steps will include requesting that the body politic reseal the trailer and/or make appropriate notation on the freight documentation form. Carrier may break the seal on a trailer if, upon Carrier’s determination or that of its operator or other representative, it becomes reasonably necessary to do so to inspect, reposition, or protect the lading or Carrier’s equipment or to comply with federal, state, municipal, or provincial laws, rules, and regulations. Shipper’s consignee may not refuse delivery of a shipment solely because the seal on a trailer is broken. "Shipper load and count" shipments are increasingly prevalent in carrier operations, and it is essential that the parties agree on the handling of such shipments. The first provision essentially sets forth the black letter law governing such shipments. With current concerns over homeland security, it is anticipated that there will be more inspections of loads in transit by security personnel. Such inspections should not default the protection of SL&C shipments afforded to carriers. Carriers and shippers are encouraged to have federal, state, and local authorities adopt resealing programs to protect the status of loads. In the absence thereof, shipper and carrier should agree on the mechanics of documenting a security inspection. Specific mention is made that the break of seal in and of itself does not constitute a right of refusal by a consignee. This reflects the current status of the law which US CARGO TRANSPORTATION SERVICES is often overlooked by consignees.

SEALED SHIPMENT. If Customer loads and seals the lading in or on the trailer and Gulf Winds does not have the opportunity to count the lading being loaded and the seal is intact upon delivery, Gulf Winds shall be absolved from any liability for shortages or any damage to the lading except when proximately caused by independent action of Gulf Winds. Such absolution of liability will also occur if (i) the seal is broken at the direction and under the supervision of an agent of a body politic, or (ii) trailers are preloaded and the adequacy of loading or count of such trailer is not practical by a representative of Gulf Winds. Gulf Winds agrees that if a seal is broken and an inspection made by an agent of a body politic, its operator or other representative will take all reasonable steps to secure the count, safety, and integrity of the lading. These steps will include requesting that the body politic reseal the trailer and/or make appropriate notation on the freight documentation form. Gulf Winds may break the seal on a trailer if, upon Gulf Winds’s determination or that of its operator or other representative, it becomes reasonably necessary to do so to inspect, reposition, or protect the lading or Gulf Winds’s equipment or to comply with federal, state, municipal, or provincial laws, rules, and regulations.