Question
There was a shipment by truck of hazardous goods from Spokane, Washington to Chicago, Illinois, and upon arrival, it was noted that the seal was
There was a shipment by truck of hazardous goods from Spokane, Washington to Chicago, Illinois, and upon arrival, it was noted that the seal was intact, yet all contents were severely damaged. The language of the contract states this:
"Section 11. 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 the 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, or regulations. Shipper's consignee may not refuse delivery of a shipment solely because the seal on a trailer is broken."
The relevant background is that Shipper loaded and sealed the trailer, Carrier counted the lading being loaded, and the seal was intact upon delivery. Inspection was made by a body politic with Carrier present, and the trailer was resealed before delivered to Shipper's consignee.
Re-write the above Section 11 in single-spaced text to be either more carrier-friendly or shipper-friendly and show your changes uses track changes in a Word document. Then tell me which party you are favoring in the re-written provision. Also explain why you made the changes you suggest, and briefly tell me how you would convince the other party to agree to these changes.
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