Securement and Delivery Sample Clauses

Securement and Delivery. Carrier shall be responsible for proper securement of the cargo to avoid damage to the cargo during transport, avoid damage to the cargo from securement, and avoid shifting and movement of the cargo during transport. Carrier shall secure the cargo without damaging the cargo, including any parts or pieces of the cargo that could possibly become loose during transportation. Xxxxxxx shall inspect the cargo prior to transportation and ensure the cargo is loaded and secured properly. Carrier shall not transport cargo that is not properly loaded and secured. Carrier shall transport all cargo without delay and without damaging the cargo. Xxxxxxx shall inspect the cargo after transportation and prior to unloading to verify the cargo can be safely unloaded; if the cargo cannot be safely unloaded, Carrier will not unload or allow the cargo to be unloaded until it can be done safely. If the cargo cannot be safely unloaded, Carrier will contact Xxxxxx immediately. In the event there is any discrepancy or conflict between instructions (e.g. securement instructions, pick-up address, delivery address) or other information (cargo packaging, dimensions, quantity, etc.), Carrier shall notify Broker in writing immediately and shall not transport the property until Broker has advised Carrier of the appropriate instructions in writing. In the event Carrier fails to comply with the terms of this Section and the cargo is lost, damaged, or otherwise rejected for any reason, Carrier shall be liable for the full value of the load. Carrier shall provide immediate notice to Broker if Carrier is delayed for any reason, including, but not limited to, vehicular problems, traffic, illness, or weather conditions. Xxxxxxx will be responsible for any delay damages and/or consequential damages incurred as a result of Xxxxxxx’s failure to meet appointment times, delay, and/or failure to keep Broker and its customer aware of the status of delivery. Time is of the essence with regard to Xxxxxxx’s delivery of cargo and Xxxxxxx’s communications to Broker. Carrier shall not remove, modify, or otherwise tamper with seals. In the event that seal is removed, modified, or tampered with, without written authorization by Xxxxxx, Carrier shall be deemed automatically liable for any alleged contamination or damages or rejection by the shipper, consignee, or other party with a property interest in the cargo or their agents. This term shall not apply if law enforcement removes, modifies, or tampers with a s...
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Related to Securement and Delivery

  • Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Definitions For purposes of this Agreement:

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