ITEM 1039 Shipper Load or Consignee Unload

In lieu of pickup or delivery service and when convenient for Customer and Carrier, Customer may load/unload Carrier's trailers or vehicles, under the following conditions unless a separate agreement between Carrier and Customer applies:
  1. SHIPPER LOAD - when prearranged with Carrier's local operations, Carrier will spot or drop trailer at that Shipper's loading facility so the Shipper may load the trailers or vehicles at its convenience. Any discrepancy on those shipments tendered under the Shipper Load and Count arrangement will be handled in the following manner unless a contract between Carrier and Shipper provides otherwise:


    1. At pick-up, Carrier will include "SL&C" on the bill of lading, indicating the Shipper counted and loaded the shipment without Carrier's driver present. The shipper will properly block and brace the freight. Carrier's failure to note "SL&C" on the bill of lading will not affect the liabilities of the parties, if the Shipper has in fact performed the counting and loading without a representative from Carrier present.

    2. Carrier will provide seals for security purposes to the Shipper when requested. Failure to seal a load will not affect the terms and conditions outlined.

    3. Carrier will notify the Shipper's representative by fax or e-mail on a Carrier approved form of any exceptions within 24 hours of first unloading of the pickup unit. This will not include weekends or holidays. Carrier cannot be liable for uncountable palletized orders, picked up and delivered with wrap intact.

    4. Shortages will be reported as above by the handling unit count. The Shipper will advise Carrier disposition of any merchandise that could or should be applied to a valid shortage. In the event of a Shipper caused shortage, the Shipper will allow Carrier to adjust the Bill of Lading accordingly to reflect actual piece count and weight.

    5. Carrier will accept liability for any loss or damage to product that has not been properly reported unless the loss or damage is one of a concealed nature or shortage is within the shipper wrapped pallet that was delivered intact. In this respect, any claim following will be settled based on the findings of the investigation.

    6. Carrier can be responsible for handling units only as applicable and to the extent that a piece count cannot be verified. Individual item numbers, carton numbers, and purchase order number shortages at delivery shall not be deemed as shortages against Carrier when the handling unit count matches the amount properly reported as received on the SL&C trailer.

    7. Carrier will not decline liability of claims just because the bill of lading is noted "SL&C". The burden is Carrier's to either provide a clear proof of delivery, a properly reported exception or payment of the claim. The Shipper agrees not to file claims when discrepancies have been properly reported.

    8. Other than normal wear and tear or an Act of God, damages or loss to Carriers equipment while in the shipper's physical possession will be the liability of Shipper. The shipper will promptly reimburse Carrier for the cost of repairing or replacing such equipment.

    9. Shipper or Consignee, as applicable, will defend, indemnify, and hold Carrier harmless from any and all claims (including costs and attorneys fees) made against carrier for bodily injury or property damage that occurs as a result of any negligence or other failure to load cargo on Carriers trailer properly.


  2. CONSIGNEE UNLOAD - Carrier will drop or spot trailers or vehicles at the Consignee's facility so the receiver may unload the trailers or vehicles. Any discrepancy on those shipments tendered, as CONSIGNEE UNLOAD will be handled in the following manner unless a separate contract between Carrier and Shipper or Consignee applies:


    1. Carrier agrees to spot or drop trailers or vehicles at Consignee's place of business for Consignee to complete the unloading process within normal free time or otherwise agreed to in writing. See item 500 and 501 for details on normal free time.

    2. Consignee will not utilize Carrier's equipment for any use other than the express purpose of unloading.

    3. When the Consignee fails to report to Carrier's local service center that equipment is empty and available to Carrier for removal, it will be subject to detention rules and charges. See item 500 and 501 for details on detention rules and charges page.

    4. Other than normal wear and tear or an Act of God, damages or loss to Carriers equipment while in the Consignee's physical possession will be the liability of the Consignee. The consignee will promptly reimburse Carrier for the cost of repairing or replacing such equipment.

    5. Carrier will note CONSIGNEE UNLOAD on the delivery receipt, indicating that the Consignee unloaded and counted the shipments without Carrier's driver present. Carrier's failure to note CONSIGNEE UNLOAD on the delivery receipts will not affect the liabilities of the parties, if the Consignee has in fact performed the counting and unloading without a representative from Carrier present.

    6. Carrier will provide sealed trailers with the Carrier's seal number documented for security purposes. Failure to seal a load will not affect the terms and conditions outlined in this item.

    7. Delivery receipts will be signed by the Consignee at time the trailer is dropped for unloading, or if not operationally feasible, will be available to Carrier no more than 24 hours after delivery.

    8. The Consignee agrees to notify Carrier by fax or email on the carrier delivery receipt or a pre-approved form of any exceptions within 24 hours of the trailer being dropped. This will not include weekends or holidays. Carrier shall not be liable for exceptions reported after 24 hours of trailer being dropped. The consignee is responsible to provide proof of proper and timely notification back to the carrier in the event of a claim.

    9. Notice of any exception is to be faxed on the mutually approved form to the attention of the local terminal's OS&D associate.

    10. Carrier shall not be liable for uncountable palletized orders, picked up and delivered with shrink wrap intact or for Shipper Load and Count orders that have been properly reported to the Shipper at first unloading.

    11. Carrier shall only be responsible for handling units as signed for and tendered by Shipper. Individual item numbers, carton numbers, and purchase order number shortages shall not be deemed shortages against Carrier when the handling unit count matches the amount signed for at time of Pick up, or as applicable, properly reported as received on a Shipper Load and Count trailer.

    12. Shipments tendered to the Consignee to be unloaded at their convenience are to be secured by the Consignee in a manner to prevent theft. Carrier will not be held responsible for product stolen while in the possession of the Consignee.

    13. Carrier agrees not to decline liability of claims just because the delivery receipt is noted CONSIGNEE UNLOAD. The burden is Carrier's to provide a clear proof of delivery when the documents are returned to the Carrier. It is the Consignee's responsibility to provide a properly reported discrepancy with dated fax confirmation for payment of the claim. The Consignee agrees not to file claims when discrepancies have not been properly reported.

    14. Carrier will accept liability for any loss or damage to product that has been properly reported unless the loss or damage is one of a concealed nature. In this respect any claim following will be settled based on the findings of the investigation.