Xxxxxxxx Seal Policy and Security Requirements. At origin, all loaded transport equipment must have numbered security seals on all doors, hatches and openings. Seal numbers must be recorded on the Bill of Lading and match the seals on the transport equipment. Shipments received with broken, missing, unreadable, or non-matching seal numbers (e.g., when compared to those recorded on the shipment’s Bill of Lading) may be rejected and in such event Broker shall be liable to Shipper as if there had been a total loss of shipment. At destination, drivers must “check-in” upon arrival at Shipper’s or consignee’s designated facility. The designated facility’s personnel will review and verify the shipment’s documentation and driver’s credentials. The seal may be broken only after it has been examined and verified by a representative of Xxxxxxx’s or consignee’s designated facility. In the event that an original security seal is broken by a regulatory person (e.g., scale personnel, police, border personnel, etc.), a replacement security seal must be placed on the door, hatch, or opening that had been originally sealed. In addition, the circumstances pertaining to the seal removal and the replacement of a new seal must be documented on the Bill of Lading along with the regulatory person’s name and identification or badge number. The original broken seal must be retained and provided to Shipper or Shipper’s designated facility’s receiving personnel to compare against the Bill of Xxxxxx’s recorded information. Shipments received with broken, missing, unreadable, or non-matching seal numbers (e.g., when compared to those recorded on the shipment’s Bill of Lading) may be rejected and in such event Broker shall be liable to Shipper as if there had been a total loss of shipment. Upon the breaking of the seal by any regulatory personnel, the driver must request that the regulatory person return the broken seal and such seal must be retained and provided to Shipper or Xxxxxxx’s designated facility’s receiving personnel to compare against the Bill of Lading’s recorded information. If, however, the regulatory person refuses to return the broken seal to the driver, then the driver shall note all relevant facts on the shipment's documentation (e.g., time, location, identification of regulatory person, etc.) and make reasonable efforts to have the regulatory person initial, stamp or provide some other form of written acknowledgement of such notations. Equipment used for transport of LTL, partial loads or courier services must be kept secure during transit to Shipper’s or consignee’s designated facility by locks or by locking. Broker should take necessary steps to enable the designated facility’s personnel, upon delivery of the shipment, to inspect the shipment’s physical integrity including, but not limited to, counting cases, counting of pallets, recording on the shipment’s Bill of Lading the number and types of damaged and/or missing items. In addition to any notations indicated on the Bill of Lading or delivery receipt, the designated facility’s personnel may take pictures or video tapings of the condition of the items to verify the item’s condition including, but not limited to, the trailer and other equipment used to make the delivery of the items. In the event shipments containing contents to be delivered to Shipper’s designated facility are lost or stolen, Xxxxxxx must be notified immediately, and Broker shall be liable to Shipper for all costs, loss and damage on such lost or stolen shipments. Within the limits of applicable law, criminal background checks must be performed on all permanent and contract Broker employees, including drivers. Except to the extent prohibited by applicable law, Xxxxxx shall carefully interview, screen, and check the references of all prospective employees who may be assigned to perform services and all current employees who will perform services. Broker shall also conduct criminal background checks on all persons who will perform services. Broker shall not assign any person if he or she poses a risk to anyone’s health, safety or welfare or has been convicted of an offense within the last ten (10) years which directly relates to the nature of the services and for which a pardon has not been granted. Shipper may, if permitted by law, but is not obligated to, interview any Broker employee assigned to perform services, and may reject the assignment of any such person on reasonable grounds. Shipper, on occasion, may tender to Broker, certain high-value products for transportation, and Shipper will notify Broker in writing if any shipment consists of high-value products subject to this clause. Broker hereby agrees that it will provide special security for high-value products to reduce the risk of theft and pilferage. Shipper shall notify Broker prior to Broker’s acceptance of said products of the value of said products. Xxxxxx also agrees that the special security services described hereinafter are of the essence of this Agreement and that failure to provide said services will be deemed a material deviation from the Agreement. The special security services to be provided by Broker are as follows: (1) To secure all access doors on trailers with a high tensile steel bolt locks or bolt seals. (2) To store all shipments in a fenced-in, restricted and secured access guarded area when being held or stored for four hours or more. (3) To store products inside a secure building and use outside storage only as a last resort. (4) Storage, loading and unloading areas must be under constant CCTV coverage capable of recording the identity of all individuals accessing the area where Xxxxxxx’s products are present. (5) When said shipments are not on Broker’s premises, Broker shall employ similar security measures to the best of its ability and shall not permit said shipments to be unattended by Broker’s drivers unless the vehicle is parked in a high-security area. (6) When Xxxxxx drops a trailer and detaches the tractor, a “fifth wheel lock” shall be applied to prevent the trailer’s theft.
Appears in 2 contracts
Samples: Brokerage Agreement, Brokerage Agreement
Xxxxxxxx Seal Policy and Security Requirements. At origin, all loaded transport equipment must have numbered security seals on all doors, hatches and openings. Seal numbers must be recorded on the Bill of Lading and match the seals on the transport equipment. Shipments received with broken, missing, unreadable, or non-matching seal numbers (e.g., when compared to those recorded on the shipment’s Bill of Lading) may be rejected and in such event Broker shall be liable to Shipper as if there had been a total loss of shipment. At destination, drivers must “check-in” upon arrival at Shipper’s or consignee’s designated facility. The designated facility’s personnel will review and verify the shipment’s documentation and driver’s credentials. The seal may be broken only after it has been examined and verified by a representative of Xxxxxxx’s or consignee’s designated facility. In the event that an original security seal is broken by a regulatory person (e.g., scale personnel, police, border personnel, etc.), a replacement security seal must be placed on the door, hatch, or opening that had been originally sealed. In addition, the circumstances pertaining to the seal removal and the replacement of a new seal must be documented on the Bill of Lading along with the regulatory person’s name and identification or badge number. The original broken seal must be retained and provided to Shipper or ShipperXxxxxxx’s designated facility’s receiving personnel to compare against the Bill of Xxxxxx’s recorded information. Shipments received with broken, missing, unreadable, or non-matching seal numbers (e.g., when compared to those recorded on the shipment’s Bill of Lading) may be rejected and in such event Broker shall be liable to Shipper as if there had been a total loss of shipment. Upon the breaking of the seal by any regulatory personnel, the driver must request that the regulatory person return the broken seal and such seal must be retained and provided to Shipper or Xxxxxxx’s designated facility’s receiving personnel to compare against the Bill of Lading’s recorded information. If, however, the regulatory person refuses to return the broken seal to the driver, then the driver shall note all relevant facts on the shipment's documentation (e.g., time, location, identification of regulatory person, etc.) and make reasonable efforts to have the regulatory person initial, stamp or provide some other form of written acknowledgement of such notations. Equipment used for transport of LTL, partial loads or courier services must be kept secure during transit to Shipper’s or consignee’s designated facility by locks or by locking. Broker should take necessary steps to enable the designated facility’s personnel, upon delivery of the shipment, to inspect the shipment’s physical integrity including, but not limited to, counting cases, counting of pallets, recording on the shipment’s Bill of Lading the number and types of damaged and/or missing items. In addition to any notations indicated on the Bill of Lading or delivery receipt, the designated facility’s personnel may take pictures or video tapings of the condition of the items to verify the item’s condition including, but not limited to, the trailer and other equipment used to make the delivery of the items. In the event shipments containing contents to be delivered to Shipper’s designated facility are lost or stolen, Xxxxxxx must be notified immediately, and Broker shall be liable to Shipper for all costs, loss and damage on such lost or stolen shipments. Within the limits of applicable law, criminal background checks must be performed on all permanent and contract Broker employees, including drivers. Except to the extent prohibited by applicable law, Xxxxxx shall carefully interview, screen, and check the references of all prospective employees who may be assigned to perform services and all current employees who will perform services. Broker shall also conduct criminal background checks on all persons who will perform services. Broker shall not assign any person if he or she poses a risk to anyone’s health, safety or welfare or has been convicted of an offense within the last ten (10) years which directly relates to the nature of the services and for which a pardon has not been granted. Shipper may, if permitted by law, but is not obligated to, interview any Broker employee assigned to perform services, and may reject the assignment of any such person on reasonable grounds. Shipper, on occasion, may tender to Broker, certain high-value products for transportation, and Shipper will notify Broker in writing if any shipment consists of high-value products subject to this clause. Broker hereby agrees that it will provide special security for high-value products to reduce the risk of theft and pilferage. Shipper shall notify Broker prior to Broker’s acceptance of said products of the value of said products. Xxxxxx also agrees that the special security services described hereinafter are of the essence of this Agreement and that failure to provide said services will be deemed a material deviation from the Agreement. The special security services to be provided by Broker are as follows:
(1) To secure all access doors on trailers with a high tensile steel bolt locks or bolt seals.
(2) To store all shipments in a fenced-in, restricted and secured access guarded area when being held or stored for four hours or more.
(3) To store products inside a secure building and use outside storage only as a last resort.
(4) Storage, loading and unloading areas must be under constant CCTV coverage capable of recording the identity of all individuals accessing the area where Xxxxxxx’s products are present.
(5) When said shipments are not on Broker’s premises, Broker shall employ similar security measures to the best of its ability and shall not permit said shipments to be unattended by Broker’s drivers unless the vehicle is parked in a high-security area.
(6) When Xxxxxx drops a trailer and detaches the tractor, a “fifth wheel lock” shall be applied to prevent the trailer’s theft.
Appears in 1 contract
Samples: Brokerage Agreement
Xxxxxxxx Seal Policy and Security Requirements. At origin, all loaded transport equipment must have numbered security seals on all doors, hatches and openings. Seal numbers must be recorded on the Bill Xxxx of Lading and match the seals on the transport equipment. Shipments received with broken, missing, unreadable, or non-matching seal numbers (e.g., when compared to those recorded on the shipment’s Bill Xxxx of Lading) may be rejected and in such event Broker shall be liable to Shipper as if there had been a total loss of shipment. At destination, drivers must “check-in” upon arrival at Shipper’s or consignee’s designated facility. The designated facility’s personnel will review and verify the shipment’s documentation and driver’s credentials. The seal may be broken only after it has been examined and verified by a representative of XxxxxxxShipper’s or consignee’s designated facility. In the event that an original security seal is broken by a regulatory person (e.g., scale personnel, police, border personnel, etc.), a replacement security seal must be placed on the door, hatch, or opening that had been originally sealed. In addition, the circumstances pertaining to the seal removal and the replacement of a new seal must be documented on the Bill Xxxx of Lading along with the regulatory person’s name and identification or badge number. The original broken seal must be retained and provided to Shipper or Shipper’s designated facility’s receiving personnel to compare against the Bill Xxxx of XxxxxxLading’s recorded information. Shipments received with broken, missing, unreadable, or non-matching seal numbers (e.g., when compared to those recorded on the shipment’s Bill Xxxx of Lading) may be rejected and in such event Broker shall be liable to Shipper as if there had been a total loss of shipment. Upon the breaking of the seal by any regulatory personnel, the driver must request that the regulatory person return the broken seal and such seal must be retained and provided to Shipper or XxxxxxxShipper’s designated facility’s receiving personnel to compare against the Bill Xxxx of Lading’s recorded information. If, however, the regulatory person refuses to return the broken seal to the driver, then the driver shall note all relevant facts on the shipment's documentation (e.g., time, location, identification of regulatory person, etc.) and make reasonable efforts to have the regulatory person initial, stamp or provide some other form of written acknowledgement of such notations. Equipment used for transport of LTL, partial loads or courier services must be kept secure during transit to Shipper’s or consignee’s designated facility by locks or by locking. Broker should take necessary steps to enable the designated facility’s personnel, upon delivery of the shipment, to inspect the shipment’s physical integrity including, but not limited to, counting cases, counting of pallets, recording on the shipment’s Bill Xxxx of Lading the number and types of damaged and/or missing items. In addition to any notations indicated on the Bill Xxxx of Lading or delivery receipt, the designated facility’s personnel may take pictures or video tapings of the condition of the items to verify the item’s condition including, but not limited to, the trailer and other equipment used to make the delivery of the items. In the event shipments containing contents to be delivered to Shipper’s designated facility are lost or stolen, Xxxxxxx Shipper must be notified immediately, and Broker shall be liable to Shipper for all costs, loss and damage on such lost or stolen shipments. Within the limits of applicable law, criminal background checks must be performed on all permanent and contract Broker employees, including drivers. Except to the extent prohibited by applicable law, Xxxxxx Broker shall carefully interview, screen, and check the references of all prospective employees who may be assigned to perform services and all current employees who will perform services. Broker shall also conduct criminal background checks on all persons who will perform services. Broker shall not assign any person if he or she poses a risk to anyone’s health, safety or welfare or has been convicted of an offense within the last ten (10) years which directly relates to the nature of the services and for which a pardon has not been granted. Shipper may, if permitted by law, but is not obligated to, interview any Broker employee assigned to perform services, and may reject the assignment of any such person on reasonable grounds. Shipper, on occasion, may tender to Broker, certain high-value products for transportation, and Shipper will notify Broker in writing if any shipment consists of high-value products subject to this clause. Broker hereby agrees that it will provide special security for high-value products to reduce the risk of theft and pilferage. Shipper shall notify Broker prior to Broker’s acceptance of said products of the value of said products. Xxxxxx Broker also agrees that the special security services described hereinafter are of the essence of this Agreement and that failure to provide said services will be deemed a material deviation from the Agreement. The special security services to be provided by Broker are as follows:
(1) To secure all access doors on trailers with a high tensile steel bolt locks or bolt seals.
(2) To store all shipments in a fenced-in, restricted and secured access guarded area when being held or stored for four hours or more.
(3) To store products inside a secure building and use outside storage only as a last resort.
(4) Storage, loading and unloading areas must be under constant CCTV coverage capable of recording the identity of all individuals accessing the area where XxxxxxxShipper’s products are present.
(5) When said shipments are not on Broker’s premises, Broker shall employ similar security measures to the best of its ability and shall not permit said shipments to be unattended by Broker’s drivers unless the vehicle is parked in a high-security area.
(6) When Xxxxxx Broker drops a trailer and detaches the tractor, a “fifth wheel lock” shall be applied to prevent the trailer’s theft.
Appears in 1 contract
Samples: Brokerage Agreement
Xxxxxxxx Seal Policy and Security Requirements. At origin, all loaded transport equipment must have numbered security seals on all doors, hatches and openings. Seal numbers must be recorded on the Bill of Lading and match the seals on the transport equipment. Shipments received with broken, missing, unreadable, or non-matching seal numbers (e.g., when compared to those recorded on the shipment’s Bill of Lading) may be rejected and in such event Broker Carrier shall be liable to Shipper as if there had been a total loss of shipment. At destination, drivers must “check-in” upon arrival at Shipper’s or consignee’s designated facility. The designated facility’s personnel will review and verify the shipment’s documentation and driver’s credentials. The seal may be broken only after it has been examined and verified by a representative of Xxxxxxx’s or consignee’s designated facility. In the event that an original security seal is broken by a regulatory person (e.g., scale personnel, police, border personnel, etc.), a replacement security seal must be placed on the door, hatch, or opening that had been originally sealed. In addition, the circumstances pertaining to the seal removal and the replacement of a new seal must be documented on the Bill of Lading along with the regulatory person’s name and identification or badge number. The original broken seal must be retained and provided to Shipper or Shipper’s designated facility’s receiving personnel to compare against the Bill of Xxxxxx’s recorded information. Shipments received with broken, missing, unreadable, or non-matching seal numbers (e.g., when compared to those recorded on the shipment’s Bill of Lading) may be rejected and in such event Broker Carrier shall be liable to Shipper as if there had been a total loss of shipment. Upon the breaking of the seal by any regulatory personnel, the driver must request that the regulatory person return the broken seal and such seal must be retained and provided to Shipper or Xxxxxxx’s designated facility’s receiving personnel to compare against the Bill of Lading’s recorded information. If, however, the regulatory person refuses to return the broken seal to the driver, then the driver shall note all relevant facts on the shipment's documentation (e.g., time, location, identification of regulatory person, etc.) and make reasonable efforts to have the regulatory person initial, stamp or provide some other form of written acknowledgement of such notations. Equipment used for transport of LTL, partial loads or courier services must be kept secure during transit to Shipper’s or consignee’s designated facility by locks or by locking. Broker Carrier should take necessary steps to enable the designated facility’s personnel, upon delivery of the shipment, to inspect the shipment’s physical integrity including, but not limited to, counting cases, counting of pallets, recording on the shipment’s Bill of Lading the number and types of damaged and/or missing items. In addition to any notations indicated on the Bill of Lading or delivery receipt, the designated facility’s personnel may take pictures or video tapings of the condition of the items to verify the item’s condition including, but not limited to, the trailer and other equipment used to make the delivery of the items. In the event shipments containing contents to be delivered to ShipperXxxxxxx’s designated facility are lost or stolen, Xxxxxxx must be notified immediately, immediately and Broker Carrier shall be liable to Shipper for all costs, loss and damage on such lost or stolen shipments. Within the limits of applicable law, criminal background checks must be performed on all permanent and contract Broker Carrier employees, including drivers. Except to the extent prohibited by applicable law, Xxxxxx Carrier shall carefully interview, screen, and check the references of all prospective employees who may be assigned to perform services and all current employees who will perform services. Broker Xxxxxxx shall also conduct criminal background checks on all persons who will perform services. Broker Xxxxxxx shall not assign any person if he or she poses a risk to anyone’s health, safety or welfare or has been convicted of an offense within the last ten (10) years which directly relates to the nature of the services and for which a pardon has not been granted. Shipper may, if permitted by law, but is not obligated to, interview any Broker Carrier employee assigned to perform services, and may reject the assignment of any such person on reasonable grounds. Shipper, on occasion, may tender to BrokerCarrier, certain high-value products for transportation, and Shipper will notify Broker Carrier in writing if any shipment consists of high-value products subject to this clause. Broker Carrier hereby agrees that it will provide special security for high-value products to reduce the risk of theft and pilferage. Shipper shall notify Broker Carrier prior to BrokerXxxxxxx’s acceptance of said products of the value of said products. Xxxxxx Xxxxxxx also agrees that the special security services described hereinafter are of the essence of this Agreement and that failure to provide said services will be deemed a material deviation from the Agreement. The special security services to be provided by Broker Carrier are as follows:
(1) To secure all access doors on trailers with a high tensile steel bolt locks or bolt seals.
(2) To store all shipments in a fenced-in, restricted and secured access guarded area when being held or stored for four hours or more.
(3) To store products inside a secure building building, and use outside storage only as a last resort.
(4) Storage, loading and unloading areas must be under constant CCTV coverage capable of recording the identity of all individuals accessing the area where Xxxxxxx’s products are present.
(5) When said shipments are not on BrokerCarrier’s premises, Broker Carrier shall employ similar security measures to the best of its ability and shall not permit said shipments to be unattended by BrokerCarrier’s drivers unless the vehicle is parked in a high-security area.
(6) When Xxxxxx Carrier drops a trailer and detaches the tractor, a “fifth wheel lock” shall be applied to prevent the trailer’s theft.
Appears in 1 contract
Samples: Transportation Agreement
Xxxxxxxx Seal Policy and Security Requirements. At origin, all loaded transport equipment must have numbered security seals on all doors, hatches and openings. Seal numbers must be recorded on the Bill of Lading and match the seals on the transport equipment. Shipments received with broken, missing, unreadable, or non-matching seal numbers (e.g., when compared to those recorded on the shipment’s Bill of Lading) may be rejected ). A broken seal shall not automatically render the product damaged and/or tampered with. If the driver has been with the load for the entire period of time and in such event Broker the product is intact, the product shall be liable accepted. If a product is to Shipper as if there had been a total loss be rejected, Xxxxxxx must state, in writing, why the product was rejected, inspect the load, provide the proof of shipmentdamage or loss, and specifically list the items that it claims were damaged or tampered with. At destination, drivers must “check-in” upon arrival at Shipper’s or consignee’s designated facility. The designated facility’s personnel will review and verify the shipment’s documentation and driver’s credentials. The seal may be broken only after it has been examined and verified by a representative of Xxxxxxx’s or consignee’s designated facility. In the event that an original security seal is broken by a regulatory person (e.g., scale personnel, police, border personnel, etc.), a replacement security seal must be placed on the door, hatch, or opening that had been originally sealed. In addition, the circumstances pertaining to the seal removal and the replacement of a new seal must be documented on the Bill of Lading along with the regulatory person’s name and identification or badge number. The original broken seal must be retained and provided to Shipper or ShipperXxxxxxx’s designated facility’s receiving personnel to compare against the Bill of Xxxxxx’s recorded information. Shipments received with broken, missing, unreadable, or non-matching seal numbers (e.g., when compared to those recorded on the shipment’s Bill of Lading) may be rejected A broken seal shall not automatically render the product damaged and/or tampered with. If the driver has been with the load for the entire period of time and in such event Broker the product is intact, the product shall be liable accepted. If a product is to Shipper as if there had been a total loss be rejected, Xxxxxxx must state, in writing, why the product was rejected, inspect the load, provide the proof of shipmentdamage or loss, and specifically list the items that it claims were damaged or tampered with. Upon the breaking of the seal by any regulatory personnel, the driver must request that the regulatory person return the broken seal and such seal must be retained and provided to Shipper or Xxxxxxx’s designated facility’s receiving personnel to compare against the Bill of Lading’s recorded information. If, however, the regulatory person refuses to return the broken seal to the driver, then the driver shall note all relevant facts on the shipment's documentation (e.g., time, location, identification of regulatory person, etc.) and make reasonable efforts to have the regulatory person initial, stamp or provide some other form of written acknowledgement of such notations. Equipment used for transport of LTL, partial loads or courier services must be kept secure during transit to Shipper’s or consignee’s designated facility by locks or by locking. Broker Xxxxxxx should take necessary steps to enable the designated facility’s personnel, upon delivery of the shipment, to inspect the shipment’s physical integrity including, but not limited to, counting cases, counting of pallets, recording on the shipment’s Bill of Lading the number and types of damaged and/or missing items. In addition to any notations indicated on the Bill of Lading or delivery receipt, the designated facility’s personnel may take pictures or video tapings of the condition of the items to verify the item’s condition including, but not limited to, the trailer and other equipment used to make the delivery of the items. In the event shipments containing contents to be delivered to ShipperXxxxxxx’s designated facility are lost or stolen, Xxxxxxx must be notified immediately, immediately and Broker Carrier shall be liable to Shipper for all costs, loss and damage on such lost or stolen shipments. Within the limits of applicable law, criminal background checks must be performed on all permanent and contract Broker Carrier employees, including drivers. Except to the extent prohibited by applicable law, Xxxxxx Carrier shall carefully interview, screen, and check the references of all prospective employees who may be assigned to perform services and all current employees who will perform services. Broker Xxxxxxx shall also conduct criminal background checks on all persons who will perform services. Broker Xxxxxxx shall not assign any person if he or she poses a risk to anyone’s health, safety or welfare or has been convicted of an offense within the last ten (10) years which directly relates to the nature of the services and for which a pardon has not been granted. Shipper may, if permitted by law, but is not obligated to, interview any Broker Carrier employee assigned to perform services, and may reject the assignment of any such person on reasonable grounds. Shipper, on occasion, may tender to BrokerCarrier, certain high-value products for transportation, and Shipper will notify Broker Carrier in writing if any shipment consists of high-value products subject to this clause. Broker Carrier hereby agrees that it will provide special security for high-value products to reduce the risk of theft and pilferage. Shipper shall notify Broker Carrier prior to BrokerXxxxxxx’s acceptance of said products of the value of said products. Xxxxxx Xxxxxxx also agrees that the special security services described hereinafter are of the essence of this Agreement and that failure to provide said services will be deemed a material deviation from the Agreement. The special security services to be provided by Broker Carrier are as follows:
(1) To secure all access doors on trailers with a high tensile steel bolt locks or bolt seals.
(2) To store all shipments in a fenced-in, restricted and secured access guarded area when being held or stored for four hours or more.
(3) To store products inside a secure building building, and use outside storage only as a last resort.
(4) Storage, loading and unloading areas must be under constant CCTV coverage capable of recording the identity of all individuals accessing the area where Xxxxxxx’s products are present.
(5) When said shipments are not on BrokerCarrier’s premises, Broker Carrier shall employ similar security measures to the best of its ability and shall not permit said shipments to be unattended by BrokerCarrier’s drivers unless the vehicle is parked in a high-security area.
(6) When Xxxxxx Carrier drops a trailer and detaches the tractor, a “fifth wheel lock” shall be applied to prevent the trailer’s theft.
Appears in 1 contract
Samples: Transportation Agreement
Xxxxxxxx Seal Policy and Security Requirements. At origin, all loaded transport equipment must have numbered security seals on all doors, hatches and openings. Seal numbers must be recorded on the Bill of Lading and match the seals on the transport equipment. Shipments received with broken, missing, unreadable, or non-matching seal numbers (e.g., when compared to those recorded on the shipment’s Bill of Lading) may be rejected and in such event Broker Carrier shall be liable to Shipper as if there had been a total loss of shipment. At destination, drivers must “check-in” upon arrival at Shipper’s or consignee’s designated facility. The designated facility’s personnel will review and verify the shipment’s documentation and driver’s credentials. The seal may be broken only after it has been examined and verified by a representative of Xxxxxxx’s or consignee’s designated facility. In the event that an original security seal is broken by a regulatory person (e.g., scale personnel, police, border personnel, etc.), a replacement security seal must be placed on the door, hatch, or opening that had been originally sealed. In addition, the circumstances pertaining to the seal removal and the replacement of a new seal must be documented on the Bill of Lading along with the regulatory person’s name and identification or badge number. The original broken seal must be retained and provided to Shipper or ShipperXxxxxxx’s designated facility’s receiving personnel to compare against the Bill of Xxxxxx’s recorded information. Shipments received with broken, missing, unreadable, or non-matching seal numbers (e.g., when compared to those recorded on the shipment’s Bill of Lading) may be rejected and in such event Broker Carrier shall be liable to Shipper as if there had been a total loss of shipment. Upon the breaking of the seal by any regulatory personnel, the driver must request that the regulatory person return the broken seal and such seal must be retained and provided to Shipper or Xxxxxxx’s designated facility’s receiving personnel to compare against the Bill of Lading’s recorded information. If, however, the regulatory person refuses to return the broken seal to the driver, then the driver shall note all relevant facts on the shipment's documentation (e.g., time, location, identification of regulatory person, etc.) and make reasonable efforts to have the regulatory person initial, stamp or provide some other form of written acknowledgement of such notations. Equipment used for transport of LTL, partial loads or courier services must be kept secure during transit to Shipper’s or consignee’s designated facility by locks or by locking. Broker Xxxxxxx should take necessary steps to enable the designated facility’s personnel, upon delivery of the shipment, to inspect the shipment’s physical integrity including, but not limited to, counting cases, counting of pallets, recording on the shipment’s Bill of Lading the number and types of damaged and/or missing items. In addition to any notations indicated on the Bill of Lading or delivery receipt, the designated facility’s personnel may take pictures or video tapings of the condition of the items to verify the item’s condition including, but not limited to, the trailer and other equipment used to make the delivery of the items. In the event shipments containing contents to be delivered to ShipperXxxxxxx’s designated facility are lost or stolen, Xxxxxxx must be notified immediately, immediately and Broker Carrier shall be liable to Shipper for all costs, loss and damage on such lost or stolen shipments. Within the limits of applicable law, criminal background checks must be performed on all permanent and contract Broker Carrier employees, including drivers. Except to the extent prohibited by applicable law, Xxxxxx Carrier shall carefully interview, screen, and check the references of all prospective employees who may be assigned to perform services and all current employees who will perform services. Broker Xxxxxxx shall also conduct criminal background checks on all persons who will perform services. Broker Xxxxxxx shall not assign any person if he or she poses a risk to anyone’s health, safety or welfare or has been convicted of an offense within the last ten (10) years which directly relates to the nature of the services and for which a pardon has not been granted. Shipper may, if permitted by law, but is not obligated to, interview any Broker Carrier employee assigned to perform services, and may reject the assignment of any such person on reasonable grounds. Shipper, on occasion, may tender to BrokerCarrier, certain high-value products for transportation, and Shipper will notify Broker Carrier in writing if any shipment consists of high-value products subject to this clause. Broker Carrier hereby agrees that it will provide special security for high-value products to reduce the risk of theft and pilferage. Shipper shall notify Broker Carrier prior to BrokerXxxxxxx’s acceptance of said products of the value of said products. Xxxxxx Xxxxxxx also agrees that the special security services described hereinafter are of the essence of this Agreement and that failure to provide said services will be deemed a material deviation from the Agreement. The special security services to be provided by Broker Carrier are as follows:
(1) To secure all access doors on trailers with a high tensile steel bolt locks or bolt seals.
(2) To store all shipments in a fenced-in, restricted and secured access guarded area when being held or stored for four hours or more.
(3) To store products inside a secure building building, and use outside storage only as a last resort.
(4) Storage, loading and unloading areas must be under constant CCTV coverage capable of recording the identity of all individuals accessing the area where Xxxxxxx’s products are present.
(5) When said shipments are not on BrokerCarrier’s premises, Broker Carrier shall employ similar security measures to the best of its ability and shall not permit said shipments to be unattended by BrokerCarrier’s drivers unless the vehicle is parked in a high-security area.
(6) When Xxxxxx Carrier drops a trailer and detaches the tractor, a “fifth wheel lock” shall be applied to prevent the trailer’s theft.
Appears in 1 contract
Samples: Transportation Agreement