Common use of Shipment Requirements Clause in Contracts

Shipment Requirements. CUSTOMER agrees to cause all Shipments to be made by means of CUSTOMER placing CUSTOMER’S Property in Sealed packages or containers, of a mutually agreed upon type and design, which clearly and distinctly indicates the name and address of the consignor as well as the name and address of the consignee. CUSTOMER further agrees to clearly and distinctly set forth the value of each Shipment on the outside of the Sealed packages or container. CUSTOMER agrees that CARRIER, its agents or employees, shall have the right to refuse to pickup Shipments of Property which are not Sealed and properly marked by CUSTOMER as set forth above and that CARRIER assumes no liability for any damages or loss which may result as a consequence of such refusal to make a pickup. CUSTOMER further agrees that CARRIER shall not be liable for any mysterious disappearance of, shortage or damage to the contents of any Shipment unless the Shipment was properly Sealed at the time of delivery to CARRIER and shows evidence of tampering at the time CARRIER delivers said package to the consignee and the consignee immediately notes, in writing, the evidence of tampering on CARRIER'S receipt document. Absent notation on CARRIER'S receipt document by the consignee at the time of receipt, the burden of proof shall be on the CUSTOMER to show the CARRIER is responsible for such loss or claim related to a Sealed container said to contain Property. The parties agree that, while CUSTOMER may keep its own receipt and log book for its own internal purposes, CARRIER’s receipt document shall be deemed the presumptive controlling document with respect to all Services rendered, including, without limitation, deposits delivered and received, timing, losses, shortages, overages, investigations, claims or litigation.

Appears in 2 contracts

Samples: Armored Car Service Agreement, Armored Car Service Agreement

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Shipment Requirements. CUSTOMER agrees to cause all Shipments to be made by means of CUSTOMER placing CUSTOMER’S Property in Sealed packages or containers, of a mutually agreed upon type and design, which clearly and distinctly DISTRICTinctly indicates the name and address of the consignor as well as the name and address of the consignee. CUSTOMER further agrees to clearly and distinctly DISTRICTinctly set forth the value of each Shipment on the outside of the Sealed packages or container. CUSTOMER agrees that CARRIER, its agents or employees, shall have the right to refuse to pickup Shipments of Property which are not Sealed and properly marked by CUSTOMER as set forth above and that CARRIER assumes no liability for any damages or loss which may result as a consequence of such refusal to make a pickup. CUSTOMER further agrees that CARRIER shall not be liable for any mysterious disappearance of, shortage or damage to the contents of any Shipment unless the Shipment was properly Sealed at the time of delivery to CARRIER and shows evidence of tampering at the time CARRIER delivers said package to the consignee and the consignee immediately notes, in writing, the evidence of tampering on CARRIER'S receipt document. Absent notation on CARRIER'S receipt document by the consignee at the time of receipt, the burden of proof shall be on the CUSTOMER to show the CARRIER is responsible for such loss or claim related to a Sealed container said to contain Property. The parties agree that, while CUSTOMER may keep its own receipt and log book for its own internal purposes, CARRIER’s receipt document shall be deemed the presumptive sole controlling document with respect to all Services rendered, including, without limitation, deposits delivered and received, timing, losses, shortages, overages, investigations, claims or litigation.

Appears in 1 contract

Samples: Service Agreement

Shipment Requirements. CUSTOMER agrees to cause all Shipments to be made by means of CUSTOMER placing CUSTOMER’S Property in Sealed packages or containers, of a mutually agreed upon type and design, which clearly and distinctly indicates the name and address of the consignor as well as the name and address of the consignee. CUSTOMER further agrees to clearly and distinctly set forth the value of each Shipment on the outside of the Sealed packages or container. CUSTOMER agrees that CARRIER, its agents or employees, shall have the right to refuse to pickup Shipments of Property which are not Sealed and properly marked by CUSTOMER as set forth above and that CARRIER assumes no liability for any damages or loss which may result as a consequence of such refusal to make a pickup. CUSTOMER further agrees that CARRIER shall not be liable for any mysterious disappearance of, shortage or damage to the contents of any Shipment unless the Shipment was properly Sealed at the time of delivery to CARRIER and shows evidence of tampering at the time CARRIER delivers said package to the consignee and the consignee immediately notes, in writing, the evidence of tampering on CARRIER'S receipt document. Absent notation on CARRIER'S receipt document by the consignee at the time of receipt, the burden of proof shall be on the CUSTOMER to show the CARRIER is responsible for such loss or claim related to a Sealed container said to contain Property. The parties agree that, while CUSTOMER may keep its own receipt and log book for its own internal purposes, CARRIER’s receipt document shall be deemed the presumptive sole controlling document with respect to all Services rendered, including, without limitation, deposits delivered and received, timing, losses, shortages, overages, investigations, claims or litigation.

Appears in 1 contract

Samples: Service Agreement

Shipment Requirements. CUSTOMER BOE agrees to cause all Shipments to be made by means of CUSTOMER BOE placing CUSTOMER’S BOE’s Property in Sealed packages or containers, of a mutually agreed upon type and design, which clearly and distinctly indicates indicate the name and address of the consignor as well as the name and address of the consignee. CUSTOMER XXX further agrees to clearly and distinctly set forth the value of each Shipment on the outside of the Sealed sealed packages or container. CUSTOMER BOE agrees that CARRIERBOE, its agents or employees, shall have the right to refuse to pickup Shipments of Property which are not Sealed sealed and properly marked by CUSTOMER BOE as set forth above and that CARRIER BOE assumes no liability for any damages or loss which may result as a consequence of such refusal to make a pickup. CUSTOMER XXX further agrees that CARRIER Contractor shall not be liable for any mysterious disappearance of, shortage or damage to the contents of any Shipment unless the Shipment was properly Sealed sealed at the time of delivery to CARRIER Contractor and shows evidence of tampering at the time CARRIER Contractor delivers said package to the consignee and the consignee immediately notes, in writing, the evidence of tampering on CARRIER'S Contractor’s receipt document. Absent notation on CARRIER'S Contractor’s receipt document by the consignee at the time of receipt, the burden of proof shall be on the CUSTOMER BOE to show the CARRIER Contractor is responsible for such loss or claim related to a Sealed sealed container said to contain Property. The parties agree that, while CUSTOMER BOE may keep its own receipt and log book for its own internal purposes, CARRIERContractor’s receipt document shall be deemed the presumptive sole controlling document with respect to all Services services rendered, including, without limitation, deposits delivered and received, timing, losses, shortages, overages, investigations, claims or litigation.

Appears in 1 contract

Samples: Vendor Agreement

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Shipment Requirements. CUSTOMER City agrees to cause all Shipments to be made by means of CUSTOMER City placing CUSTOMER’S City’s Property in Sealed packages or containers, of a mutually agreed upon type and design, which clearly and distinctly indicates the name and address of the consignor as well as the name and address of the consignee. CUSTOMER City further agrees to clearly and distinctly set forth the value of each Shipment on the outside of the Sealed packages or container. CUSTOMER City agrees that CARRIERContractor, its agents or employees, shall have the right to refuse to pickup Shipments of Property which are not Sealed and properly marked by CUSTOMER City as set forth above and that CARRIER Contractor assumes no liability for any damages or loss which may result as a consequence of such refusal to make a pickup. CUSTOMER City further agrees that CARRIER Contractor shall not be liable for any mysterious disappearance of, shortage or damage to the contents of any Shipment unless the Shipment was properly Sealed at the time of delivery to CARRIER Contractor and shows evidence of tampering at the time CARRIER Contractor delivers said package to the consignee and the consignee immediately notes, in writing, the evidence of tampering on CARRIER'S Contractor’s receipt document. Absent notation on CARRIER'S Contractor’s receipt document by the consignee at the time of receipt, the burden of proof shall be on the CUSTOMER City to show the CARRIER Contractor is responsible for such loss or claim related to a Sealed container said to contain Property. The parties agree that, while CUSTOMER City may keep its own receipt and log book for its own internal purposes, CARRIERContractor’s receipt document shall be deemed the presumptive sole controlling document with respect to all Services rendered, including, without limitation, deposits delivered and received, timing, losses, shortages, overages, investigations, claims or litigation.

Appears in 1 contract

Samples: Agreement for on Site and/or Armored Car Services

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