PDS has the right (but not the obligation) to (1) have any loaded container or trailer weighed to determine if it conforms with safe handling rules and applicable federal, provincial, state and municipal laws and (2) to hold and transload all or a portion of the cargo to another trailer or container if PDS becomes aware that the trailer or container is overweight. Customer is responsible for all associated costs, including, without limitation, the cost of transloading, using and moving the trailer and container and any resulting storage charges.

Customer warrants that PDS may rely on Customer’s documentation as to the amount of weight associated with a loaded container or trailer. In determining the weight, Customer will take into consideration the tare weights of the container and chassis or trailer, the position of the vehicle tandems (if sliding) prior to loading and the weight distribution of the cargo (including anyblocking or bracing).

PDS assesses a charge of $70.00 for weighing both the light and heavy weights of a container or trailer or $35.00 for a single weight. This weight/scaling charge is in addition to all other applicable charges, including without limitation mileage fees for out-of-route miles incurred for scaling, scale fees, and any charges associated with adjusting the weight of the overloaded shipment to comply with applicable law.

Customer is responsible for (and will reimburse PDS for) any fines, expenses, violations, delays, costs and accidents resulting from any equipment loaded in violation of weight restrictions under federal, state, provincial or municipal laws.

If an overweight problem is determined after pick up and before reaching the destination, PDS will deliver the shipment if permitted. If the shipment cannot be transported, Customer will arrange for correction of the overweight condition at Customer’s expense. Customer is responsible for all charges associated with the pick up or delivery as originally arranged, as well as all additional costs or charges arising out of the overweight condition, including but not limited to storage, transload, detention and redelivery charges.