Note the following Terms and Conditions govern Bulkmatic, LLC’s motor carrier services provided for all Bulkmatic, LLC customers unless there is a signed written agreement in place between Bulkmatic, LLC and the customer. For the terms and conditions that apply when Bulkmatic Solutions, LLC has a direct relationship with a customer and is acting as property broker, please click here.

The following Terms and Conditions are a legal contract between any shipper, consignor, consignee, or any other entity claiming an interest in the goods for which Bulkmatic, LLC, performs transportation services (“SHIPPER”) and Bulkmatic, LLC (“CARRIER”):

‍1. CARRIER’s Operating Authority
CARRIER is authorized by the Federal Motor Carrier Safety Administration (FMCSA) via docket number MC-128205 to operate as a for-hire motor carrier. Unless a separate transportation contract has been executed by SHIPPER, CARRIER accepts all loads under these Terms and Conditions as a motor carrier.

2. Bill of Lading Terms; Terms and Conditions of Shipment
The terms and conditions of CARRIER’s Uniform Straight Bill of Lading, a copy of which can be found in Appendix A to these Terms and Conditions ("CARRIER's Bill of Lading"), shall apply to all transportation under these Terms and Conditions notwithstanding the use by SHIPPER of any other bill of lading or shipping document. Drivers are not authorized to bind CARRIER to non-conforming bills of lading. Drivers are only authorized to acknowledge receipt of the shipment and any document signed by a driver with alternative terms and conditions will function as a receipt for the shipment only. Carrier’s failure to issue a bill of lading shall not affect its liability hereunder. Carrier shall notify Shipper within a reasonable timeframe of any exception made on the bill of lading or delivery receipt. The rules set forth herein apply to all shipments regardless of the origin or destination and whether interstate or intrastate.

‍3. CARRIER’s Operations
Unless otherwise stated in these Terms and Conditions, CARRIER shall furnish all fuel, oil, tires and other parts, supplies and equipment required for the operation and maintenance of the tractors, trailers and other motor vehicles and related equipment furnished by CARRIER for the performance of its obligations hereunder (collectively, the "Equipment"). As it relates to SHIPPER, CARRIER shall have responsibility of the personnel used in the operation of the Equipment and shall perform the services hereunder as an independent contractor.

4. Rates and Payment
CARRIER will charge and SHIPPER will pay the accessorial charges set forth in the Accessorial Appendix to these Terms and Conditions, as well as all other rates and charges set forth in a Rate Confirmation Agreement (“RCA”) provided by CARRIER to SHIPPER or as otherwise agreed by the Parties, including communication via email, for services provided by CARRIER. In the event any accessorial terms or charges in the Accessorial Appendix conflict or are inconsistent with any accessorial terms or charges agreed to by the parties in an RCA or other separate communication, the RCA or other separate communication supersedes and governs. SHIPPER agrees to pay CARRIER without deduction or offset, within fifteen (15) days of receiving the invoice, with interest accruing monthly at a rate of one percent (1%) per month on any unpaid balance. SHIPPER shall be liable for any expenses, including attorney fees, CARRIER incurs in collecting its rates and charges. SHIPPER shall also be responsible for any additional accessorial charges incurred by CARRIER and which were not originally anticipated by CARRIER or which were not otherwise included in the rate set forth in the RCA or other communication. If any information provided by SHIPPER is inaccurate or incomplete, SHIPPER acknowledges and agrees that agreed upon rates may, in CARRIER’s sole discretion, be revised to reflect the goods actually tendered.

5. Services
(a) Upon tender of goods to CARRIER, SHIPPER agrees to use CARRIER’s service to transport SHIPPER’s freight between points in the United States, Mexico or Canada. CARRIER, upon acceptance and receipt of SHIPPER’s goods, whether directly from SHIPPER or from a third party, agrees to transport and carry such goods with reasonable dispatch and to deliver them in like good order and condition to such consignees and at such destinations as SHIPPER shall designate. If SHIPPER tenders loads on behalf of its parents, subsidiaries or related companies or is the entity arranging shipments for such parents, subsidiaries or related companies, then, for the avoidance of doubt, those loads tendered to CARRIER shall be subject to these Terms and Conditions.

(b) SHIPPER shall communicate to CARRIER, at the time of the initial request for services, any and all instructions, prohibitions, and service requirements, including, but not limited to, commodity-specific prohibitions regarding previous commodities that cannot have been hauled in any trailer, commodity-specific requirements regarding commodities permitted to have been hauled in any trailer, equipment required, and processes to be followed for loading and unloading, tank washing specifications, etc., applicable to the transportation of SHIPPER’s cargo. CARRIER has no obligation to comply with any handling instructions received after the initial request for service. CARRIER makes no representations or warranties regarding the timing of or schedule for any pick-up or delivery of SHIPPER’s shipments and, notwithstanding anything to the contrary herein, CARRIER shall not be liable for or required to pay SHIPPER any penalty, fee, fine, or other cost related to untimely pick-up or delivery. By loading or allowing the loading of any trailer provided for transportation for the load, SHIPPER warrants and represents: (i) the trailer provided for the load is in compliance with sanitary expectations; and (ii) cargo is appropriately packaged to ensure safe and sanitary transportation without the need for any specialized handling by CARRIER.

(c) CARRIER agrees to comply with all applicable federal, state and local laws, regulations, and rules (“Applicable Law”) regarding the provision of its services. SHIPPER warrants and represents that it is authorized to tender the cargo in question to CARRIER and that all descriptions of the cargo are complete, accurate, and include all information required by Applicable Law. Without in any way limiting the foregoing, if SHIPPER tenders for transportation cargo designated as hazardous materials or dangerous goods, SHIPPER shall be solely responsible for complying with any and all Applicable Law with respect to classifying, tendering, packaging and labeling such cargo and must provide notice of any such cargo at the time a request for services is first initiated by SHIPPER to CARRIER, as well as providing the Safety Data Sheet prior to or at dispatch of each shipment containing such hazardous materials or dangerous goods. When requesting service with respect to any shipment containing food that is subject to regulations of the Food and Drug Administration (“FDA”) (hereinafter, “Food”), SHIPPER shall be solely responsible for identifying handling obligations necessary for the safe and sanitary handling of food and, at the time of the initial request for services with respect to the individual shipment, will provide written notice (each a “Food Handling Notice”) to CARRIER that the consignment contains Food which Food Handling Notice must also include any special instructions or handling requirements. Any such Food Handling Notice shall specifically identify the consignment to which it relates and in no event shall any Food Handling Notice apply to more than one shipment regardless of whether CARRIER confirms receipt of a Food Handling Notice purporting to apply to multiple conveyances.

6. Cancellation of Order
SHIPPER will be responsible for any and all reasonable charges in the case of a cancellation of order tendered to CARRIER regardless of whether CARRIER has already dispatched Equipment for such order. If cancellation is within 24 hours of pickup, SHIPPER will also pay CARRIER a $250 Cancellation fee. Reasonable charges may include, without limitation, out of route miles, detention and/or layovers for driver wait times, equipment prep costs, washing costs (if trailer was washed for tendered load) and Truck Ordered and Not Used charge.

7. Relationship of Parties
CARRIER, in performing the transportation services contemplated by these Terms and Conditions, shall be an independent contractor and not an agent or employee of SHIPPER. SHIPPER shall have no control over the method or manner of providing such services.

8. Documentation
The CARRIER’s Bill of Lading shall govern all transportation under these Terms and Conditions notwithstanding the use by SHIPPER of any other bill of lading, shipping document or receipt. CARRIER agrees, upon receipt of SHIPPER’s product to give SHIPPER a written receipt, which may be the CARRIER’s Bill of Lading or other document, which shall constitute prima facie evidence of the receipt of such goods in apparent good order, unless the condition of said goods is otherwise noted upon the face of the written receipt. The CARRIER’s Bill of Lading and these Terms and Conditions shall prevail over any other terms appearing on any written receipt, other form, or bill of lading issued by SHIPPER and such other document shall only be used as a receipt for the purpose of documenting the pick-up and delivery of freight and any over, short & damaged goods. Unless specifically agreed to by the parties, any joint movement involving another transportation entity to or from a point outside the U.S. shall not be considered as moving on a “through” bill of lading. CARRIER shall not be liable for any loss, damage or delay in delivery of the cargo originating at a point in or destined to a point in Mexico occurring while in the possession or under the control of a Mexican carrier, freight forwarder or customs broker, regardless of whether such Mexican carrier, freight forwarder, or customs broker was selected, interlined and/or subcontracted by CARRIER, SHIPPER or any other party. Upon SHIPPER’s request, receipts and the CARRIER’s Bill of Lading shall be signed by the party to whom CARRIER makes delivery (unless not reasonably possible for CARRIER to obtain signature at the time of delivery) and CARRIER shall retain receipts for at least two (2) years following delivery. SHIPPER is solely responsible for properly identifying and describing the goods to be transported on any shipping documentation, as well as for complying with all Applicable Law regarding tender of goods for transportation including, but not limited to, those applicable to shipping papers required with respect to shipments of hazardous materials. SHIPPER acknowledges and agrees that CARRIER is under no obligation to perform any special handling or other services unless expressly timely requested in writing by SHIPPER receipt of which is acknowledged in writing by CARRIER.

9. Sealed Shipments
If SHIPPER loads and seals the cargo in or on the trailer and CARRIER does not have the opportunity to inspect the cargo and the seal is intact upon delivery, CARRIER shall be absolved from any liability for shortages or any damage to the cargo. CARRIER shall not be liable if (1) the seal is broken at the direction and under the supervision of an agent of a state, federal or local government agency, or (2) the trailers are preloaded and the observation of the loading or count or weighing of such trailer is not practical by a representative of CARRIER. CARRIER may breach the seal on the trailer to inspect, reposition, or protect the lading or CARRIER’s Equipment or to comply with Applicable Law. Should it become necessary to do so, CARRIER will notify SHIPPER in advance should a seal need to be broken to reposition or protect the lading, or if an emergency as soon as it is safe to do so, and should an inspection take place at the direction of any government agency, CARRIER will notify SHIPPER as soon as possible. CARRIER will request the inspecting agency to reseal the trailer and make appropriate notations on the freight documentation receipt. SHIPPER and its consignee may not refuse delivery of a shipment solely because one or more seals on the trailer are broken.

10. Distances - Determination of Mileages – Governing Publication
CARRIER quotes are typically per lane and not based on mileage and in most cases the point-to-point quote will govern. However, to the extent a quote based on mileage is used then mileages referred to in these Terms and Conditions will be computed according to the mileage guide indicated in the Accessorial Appendix to these Terms and Conditions, subject to the following:

(a) Where SHIPPER requests transportation of the shipment over a particular route longer than the shortest route, the mileage over the longer route will be used for computation of charges.

(b) If operation over the shortest or specified route is not feasible because of operating hazards, load limitations of highways or bridges, underpasses or other highway limitations, the mileage computed over the actual route of movement of the shipment will apply.

(c) When shipments move under special permits as required by or obtained from a federal, municipal or state regulatory body or commission, which specifies the route to be traveled by the motor vehicle, the mileage to be used will be for the mileage via the route specified in the special permit.

11. Equipment Inspection and Wash Instructions
BROKER agrees to notify SHIPPER of any accident or other event of which BROKER is apprised and which prevents the motor carrier from making a timely or safe delivery.

(a) SHIPPER, in ordering equipment, shall specify, ahead of time in writing, the commodity and the type of tank trailer required to satisfactorily transport the commodity, as well as all applicable wash specifications, including wash specifications applicable to the trailer, trailer hose(s), and loading/unloading fittings and screens. In addition, SHIPPER shall specify, ahead of time in writing, the type of wash (by way of example only, standard, conversion, kosher, etc.) and any approved washing locations. If SHIPPER has not timely specified the type of wash and/or washing locations, CARRIER will have full discretion in determining the appropriate type of wash and/or washing locations. CARRIER will make a diligent effort to provide the suitable Equipment.

(b) Inspection and acceptance by SHIPPER of Equipment offered by CARRIER shall be deemed that the Equipment is suitable for transportation of shipment tendered to CARRIER at that time.

(c) SHIPPER shall, at its sole expense, upon reasonable written notice, and during CARRIER’s normal business hours, have the right to inspect CARRIER’s Equipment and facilities and reject any that do not meet SHIPPER’s quality or safety standards.

12. Claims for overcharge, unidentified payment, duplicate payment, or over collection
The processing, investigation, and disposition of overcharge, unidentified payment, duplicate payment, or over collection claims shall be governed by 49 C.F.R. Part 378. CARRIER and SHIPPER must commence any civil action or binding arbitration proceedings to recover any overpayment, underpayment or duplicate payment within eighteen (18) months of the delivery or tender of delivery of the shipment at issue. If CARRIER alleges undercharges, or shipper alleges overcharges, duplicate payment or over collection, then notice of such claims must be given within one hundred eighty (180) days of receipt of the invoice and a civil action or binding arbitration must be filed within eighteen (18) months of delivery or tender of delivery of the shipment at issue.

‍13. Cargo Liability
(a) CARRIER shall be liable to SHIPPER for cargo loss or damage in accordance with the Carmack Amendment, at 49 U.S.C. § 14706, which liability shall be calculated based on the actual replacement cost of lost or damaged cargo, not to exceed 1.25 per pound per article or $50,000.00 per truckload shipment, whichever is less. In the event SHIPPER wishes to declare a higher value of liability in exchange for paying increased rates with respect to any shipment subject to these Terms and Conditions, SHIPPER must make such request to CARRIER in writing at least seventy-two (72) hours prior to the scheduled pick-up. CARRIER’s sole liability with respect to delay shall be to the extent CARRIER fails to exercise reasonable dispatch and such failure causes loss or damage to the cargo.

(b) The filing, processing and disposition of all cargo claims shall be governed by 49 C.F.R. Part 370. SHIPPER shall submit to CARRIER written notice of any cargo claim, for loss, damage or delay, within nine (9) months of the delivery date of the shipment or, if no delivery, the date delivery would have been reasonably expected. Any civil action filed by SHIPPER must be filed no later than two (2) years from the date the underlying claim, or a portion thereof, was denied. Notwithstanding anything to the contrary herein, CARRIER’s sole liability with respect to cargo loss or damage, including loss or damage caused by CARRIER’s failure to exercise reasonable dispatch, is as set forth under this Section 13. If SHIPPER is not the owner of the cargo, SHIPPER represents and warrants that it is authorized to bind the owner of the cargo to the provisions of this Section 13.

(c) CARRIER does not accept liability for loss or damages to shipments under transport in Mexico. SHIPPER is advised that liability for cargo loss in Mexico differs from U.S. law and the special arrangements with Mexican carriers participating in any trans-border movement is not CARRIER’s responsibility.

14. Indemnification and Limitation of Liability
(a) SHIPPER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS CARRIER, ITS EMPLOYEES, CONTRACTORS, AND AGENTS FROM AND AGAINST, AND SHALL PAY AND REIMBURSE CARRIER FOR, ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, FINES, JUDGMENTS, PENALTIES, EXPENSES AND AMOUNTS (INCLUDING REASONABLE ATTORNEY FEES) ARISING FROM OR RELATED TO PERSONAL INJURY, PROPERTY DAMAGE, OR ANY COMBINATION THEREOF, SUFFERED OR CLAIMED TO HAVE BEEN SUFFERED BY ANY PERSON OR PERSONS, ARISING FROM OR RELATED TO: (i) BREACH BY SHIPPER, ITS EMPLOYEES, CONTRACTORS, OR AGENTS OF THESE TERMS AND CONDITIONS; (ii) THE NEGLIGENCE OR OTHER WILLFUL MISCONDUCT OF SHIPPER, ITS EMPLOYEES, CONTRACTORS, OR AGENTS; (iii) VIOLATION BY SHIPPER, ITS EMPLOYEES, CONTRACTORS, OR AGENTS OF ANY APPLICABLE LAW; OR (iv) SHIPPER’S FAILURE TO PROVIDE, OR CARRIER’s COMPLIANCE WITH OR RELIANCE ON, INSTRUCTIONS, DIRECTIONS, OR REQUESTS OF SHIPPER. THE FOREGOING NOTWITHSTANDING, SHIPPER’S OBLIGATION TO HOLD HARMLESS, DEFEND, INDEMNIFY, PAY AND REIMBURSE SHALL NOT APPLY TO THE EXTENT ANY CLAIM IS CAUSED BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF CARRIER.

(b) THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. CARRIER IS NOT LIABLE FOR THE CONSEQUENCES OF IDENTITY THEFT OR FRAUDULENT CONDUCT OF THIRD PARTIES.

(c) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE RELATIONSHIP OF THE PARTIES HEREUNDER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION, REGARDLESS OF WHETHER THE PARTY TO BE CHARGED HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

‍15. CARRIER’s Insurance
CARRIER shall procure and maintain the following insurance coverage with reputable insurance companies:
(a) Commercial General Liability insurance coverage with limits of $1,000,000 per occurrence.

(b) Commercial Automobile Liability insurance coverage with limits of $1,000,000 per occurrence.

(c) Motor Truck Cargo insurance in an amount not less than $100,000 per occurrence.

(d) Workers’ Compensation insurance coverage in amounts required by applicable state law.

CARRIER shall furnish copies of certificates of insurance upon SHIPPER’s request.

16. Impracticable Operation
Nothing in these Terms and Conditions shall require CARRIER to pick up or deliver freight at origin or destination points at which, on account of condition of an act of God, an act of public enemy, or insurrection, riot or other civil commotion, terrorism, government order or regulation, pandemic, strike, lock-out, work slowdown, power or fuel shortages, or alleys, streets, roads or driveways, it is impracticable to operate CARRIER’s Equipment or other cause beyond the reasonable control of such party.

‍17. Lien
CARRIER shall have a possessory lien on all shipments in its dominion and control for payment of freight charges past and present.

18. Legal Restraints or Force Majeure
In the event performance by one party is affected by any cause beyond the reasonable control of such party, including without limitation, fire, labor strife, riot, war, weather conditions, acts of the public enemy, acts of God, acts of terrorism, local or national disruptions to transportation networks or operations, fuel shortages, governmental regulations, or governmental request or requisition for national defense, and provided that the applicable cause is not attributable to the acts or omissions of such Party, and such Party is taking reasonable measures to remove or mitigate the effects of the applicable cause, then the performance of all obligations required herein shall, with the exception of payment of invoices, be suspended during the continuance of such interruption, and such party shall promptly notify the other party of such interruption. Such period of suspension shall not in any way invalidate this Agreement, but on resumption of operations, any affected performance by such party shall be resumed. No liability shall be incurred by either party for damages resulting from such suspensions.

19. Confidentiality
The term "Confidential Information" as used herein shall mean any and all information that relates to the Services and is disclosed by a party hereunder ("Discloser") to the other party hereunder ("Recipient") in a written or other tangible form which is clearly marked as being confidential or proprietary or that should otherwise reasonably be understood by Recipient to be confidential and/or proprietary in nature. Recipient may not disclose any Confidential Information to a third party without the written consent of the Discloser except (i) as required by Applicable Law; (ii) to the extent disclosure is made to Recipient’s accountants, tax advisors, attorneys, or any parent, subsidiary or affiliate company; or (iii) as is reasonably necessary to the performance of operations hereunder.

‍20. Dispute Resolution
These Terms and Conditions shall be deemed to have been drawn in accordance with the statutes and laws of the state of Indiana and in the event of any disagreement or dispute regarding services subject to these Terms and Conditions, to the extent not otherwise governed by federal law, the laws of Indiana shall apply and suit must be brought in Lake County, Indiana as each party specifically submits to the exclusive personal jurisdiction of such courts for disputes involving services rendered by CARRIER.

‍21. Transloading Operations
Unless a separate transloading services agreement has been executed by SHIPPER and CARRIER, the following Terms and Conditions apply to CARRIER’s transloading services provided on behalf of SHIPPER.

(a) When providing transloading services, CARRIER is not providing services as a motor carrier. CARRIER shall be authorized to issue a Bill of Lading for each shipment on behalf of SHIPPER and such Bill of Lading shall be in the same form as the CARRIER’s Bill of Lading identified in Section 2 of these Terms and Conditions. The following provisions from these Terms and Conditions also apply to CARRIER’s transloading services: Sections 3, 4, 5(b), 5(c), 7, 8, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23.

(b) Liability Limitation: By tendering cargo for acceptance by CARRIER for transloading, SHIPPER agrees that CARRIER’s liability shall be limited to the invoice value of the cargo or $50,000.00, whichever is less.

(c) All CARRIER-operated rail yards are open to outside carriers. The services and fees outlined in this section will be charged either to the carrier entering the facility or SHIPPER of the product on hand.

‍22. Captions
Any term or provision that is held to be invalid or unenforceable shall, as to the jurisdiction in which it is invalid or unenforceable, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of these Terms and Conditions or affecting the validity or enforceability of any of the terms or provisions of these Terms and Conditions in any other jurisdiction.

‍23. Severability
The captions in these Terms and Conditions are for convenience only and shall not have any effect on the meaning of the Terms and Conditions.

Governing Publications
‍
Title or Kind of Tariff: Rand McNally Mileage Guide
Issuing Carrier: Household Goods Carrier’s Bureau, Agent
MC No.: MC-1071046

Rules and Other Provisions
Which Govern this Appendix

‍1. BULKMATIC, LLC ACCESSORIAL CHARGES.

2. ACCESSORIAL RULES
‍
a. Detention: Loading or Unloading - Vehicles with Power Units.

i. The first two hours are free. Thereafter, if the loading/unloading of freight is delayed beyond the free time of 2 hours, the charge identified in the “Detention” row in Section 1 applies and will be billed. This provision will apply in all circumstances and will not be waived if the freight is delivered late.

ii. Computation of detention shall commence beginning with the time CARRIER arrives at the loading/unloading site and end with the time CARRIER leaves the loading/unloading site. Detention will be billed in quarter-hour increments rounding up to the nearest quarter hour.

b. Pick-up or Delivery Service - Saturdays, Sundays or Holidays. Unless otherwise noted:

i. When shipments, per SHIPPER’s or consignee’s request, are picked up or delivered on a Saturday, the charge identified in the “Saturdays” row in Section 1 applies and will be billed.

ii. When shipments, per SHIPPER’s or consignee’s request, are picked up or delivered on a Sunday, the charge identified in the “Sundays or Holidays” row in Section 1 applies and will be billed.

iii. When shipments, per SHIPPER’s or consignee’s request, are picked up or delivered on a Holiday, the charge identified in the “Sundays or Holidays” row in Section 1 applies and will be billed.

iv. In the event a Holiday occurs on a Sunday, the following Monday will be considered as the Holiday.

v. When a Holiday occurs on a Saturday, the preceding Friday will be considered a Holiday.

vi. Holidays consist of: New Year’s Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and the day after, and Christmas Day.

vii. In the event that a Holiday falls on a Saturday or a Sunday, pick-ups or deliveries on that day will be charged the “Sundays or Holidays” rate.

viii. In the event a pick-up and delivery occurs on the same day and that day is a Holiday, Saturday, or Sunday, SHIPPER will be charged once (not two charges for both the pick-up and delivery)

c. Return, Redelivery, Reconsignment.

i. Return Charge: If, for any reason, a shipment that was transported outbound by CARRIER is rejected by the consignee at destination, it may be returned to the point of origin and, if so, the charge identified in the “Return” row in Section 1 applies and will be billed. This charge will be in addition to the regular rate for the initial rejected move. In addition, applicable tolls and surcharge costs incurred during the return move shall apply.

ii. If any shipment must be redelivered, for any reason, the charge identified in the “Redelivery” row in Section 1 applies and will be billed.

iii. For any reconsigned shipment, the charges identified in the “Reconsignment” row in Section 1 applies and will be billed.

A. The term “reconsignment or diversion” means a change in the name of consignee and/or destination of the entire shipment, except as otherwise provided herein, or any other instructions given to CARRIER requiring an addition to or change in billing necessary to effect delivery or involving an additional movement of the truck or both.

B. The charge, identified as “Reconsignment” will be billed for all out of route miles, if any. “Out of route miles,” as used herein shall be defined as any miles driven beyond the round-trip miles of original movement.

C. When a truck arrives at the originally billed destination and is requested to stand by for reconsignment instructions, the time consumed while waiting for orders will be billed as detention.

d. Cancellation Charge. When SHIPPER or consignee requests CARRIER to cancel an order within 24 hour of ship date, the charge identified in the “Cancellation” row in Section 1 applies and will be billed.

e. Truck Order Not Used (TONU). When CARRIER is requested to dispatch a vehicle to the point of origin designated by SHIPPER and such equipment or service is not used, due to no fault of CARRIER, the charge identified in the “Truck Ordered Not Used” row in Section 1 applies and will be billed.

Note - TONU Charges in this item do not apply when equipment or service ordered and not used due to acts of God, the public enemy, the acts of public authority, quarantine, riots, or strikes.

f. Preload. If, for any reason SHIPPER or consignee requests CARRIER to preload a trailer on Friday or Saturday for weekend, Holiday or Monday delivery at any non-Bulkmatic facility, the charge identified in the “Preload” row in Section 1 applies and will be billed, plus any applicable Holiday/weekend charges and Trailer Storage Charges. Mileage applies for all miles driven to support the preload operation in advance of the subsequent ship-date.

Note - Preload charges will be billed if CARRIER must preload the trailer to meet the schedule delivery time due to non Bulkmatic facility hours of operations.

g. Trailer Storage. To lease or hold trailer, through no fault of CARRIER, the charges identified in the “Trailer Storage” row in Section 1 applies and will be billed, including applicable weekends and Holidays

h. Layover. When SHIPPER or consignee requests CARRIER’s layover or CARRIER is otherwise required to layover due to no fault of CARRIER, the charges identified in the “Layover” row in Section 1 applies and will be billed.

i. Outside Scale Charges. If CARRIER is required to scale off-site for any reason, a charge identified in the “Outside Scale Charges” row in Section 1 applies and will be billed, plus waiting time will be billed as detention.

j. Extra Hose Charge. If extra hose length (beyond the standards listed in the table below) is required for loading or unloading, an additional charge identified in the “Extra Hose Charge” row in Section 1 applies for each additional (10’ section) of hose and will be billed.

Standard lengths of hose are as follows:

k. Canada Border Crossing. The charge identified in the “Canada Border Crossing” row in Section 1 applies and will be billed for all loads destined for Canada. Rate includes 1 hour for entry and 1 hour for exit at the border. Anytime beyond will be billed at CARRIER’s normal detention rate.

‍l. Out-of-Route Miles. The charge identified in the “Out-of-Route Miles” row in Section 1 applies and will be billed for each out-of-route mile (“OOM”). OOM means any mile driven beyond the round-trip miles of the original movement.

3. TRANSLOADING RATES

a. Transloading Charges. Applicable transloading charges will be determined by CARRIER and based on applicable commodity and type of railcar.

‍b. Additional Man. Hazardous materials transfers require that two people be present while transferring product. When CARRIER supplies the second man to assist the loader a charge of $75.00 per load will be charged.

‍c. Administrative Charge. An administrative fee of $100.00 per truckload shipment will apply. This fee accounts for rail car inbound/outbound inspections, sealing, rail car inventory, reporting, BOL preparation, and truck scaling (when the scale is at the railyard).

‍d. Blending or Bubbling Product. CARRIER provides blending or bubbling services to products in rail cars. Charges are determined based on the service requirements.

‍e. Faxing Services. CARRIER supplies daily transactions reports via email at no charge. If copies of scale tickets, bill of ladings, or additional load paperwork is required to be faxed, a charge of $10.00 per fax will apply.

‍f. Nitrogen. When application of a nitrogen blanket is required, a fee of $65.00 per load will be applicable.

‍g. Overtime. When terminal personnel are required to operate beyond normal business hours, overtime charges will apply. Monday through Friday, a charge of $75.00 per hour will be assessed. When terminal personnel are called out, a charge of $75.00 per hour with a four-hour minimum will apply.

‍h. Sampling. When rail car sampling is requested, a charge of $15.00 per compartment will apply for a 5 pound or less sample. Larger samples, packaging, shipping charges, etc. will reference actual cost of supplies plus sampling charges.

‍i. Scaling. A charge of $20.00 per scale applies when the service of scaling is requested at a CARRIER-operated rail yard.

‍j. Steaming. Rail cars that contain products that require heating will be subject to a charge of $75.00 per hour.

‍k. Track Occupancy Charges. Applicable storage charges will be determined by CARRIER and based on the applicable requirements and track capacity.