OTR EXPRESS, INC.
CARRIER/SHIPPER TRANSPORTATION CONTRACT
(Revised 8-20-99)
THIS CONTRACT, made this day of by and between (Shipper) and
OTR Express, Inc. (Carrier) for the transportation of specified goods in
accordance with the following conditions:
WITNESSETH:
WHEREAS, Carrier is a motor vehicle contract carrier in interstate
commerce, holding Interstate Commerce Commission operating authority in
Docket MC-181996; and
WHEREAS, Shipper desires to engage the services of Carrier for the
transportation of Shipper's goods in interstate commerce between points
within Carrier's ICC authorized licenses;
NOW, THEREFORE, in consideration of the following mutual covenants, the
Shipper and Carrier agree as follows:
1. BILATERAL COMMITMENT: Shipper shall tender to Carrier and Carrier
shall transport a series of shipments between points designated by
Shipper. Carrier shall advise Shipper if it is unable to supply
transportation service within the time requested by Shipper in which case
Shipper may arrange other transportation. Carrier shall use its best
efforts to transport shipments tendered by Shipper in a timely fashion.
2. DISTINCT NEEDS: Carrier shall provide service to meet the unique,
distinct needs of the Shipper which shall include but not be limited to
team service, driver loading/unloading, overnight delivery, stops in
transit, drop trailers, detention, weekend/holiday shipments and
dedication of equipment.
3. COMMON CARRIER RATES: Rates offered by Carrier under its common
authority in individual or bureau tariffs do not apply to shipments
tendered to Carrier by Shipper under this agreement.
4. RATES AND CHARGES: Shipper shall pay Carrier for the transportation
services described herein at the rates and subject to the rules set forth
in Appendix A or agreements/modifications later written between the
parties which shall be deemed as additional appendices to this contract.
5. INDEMNIFICATION: Carrier shall furnish tractors and trailers to
transport the goods tendered hereunder and to assume all costs and
liabilities incident to the transportation of such goods and shall
indemnify and hold the Shipper harmless from any costs and liabilities
except those caused solely by acts of the Shipper, its employees or
agents.
6. C.O.D. SHIPMENTS: In the absence of advance notification by Shipper
and written acceptance by Carrier, no C.O.D. shipments will be tendered by
Shipper.
7. INSURANCE: Carrier shall maintain public liability insurance with
a single limit of not less than $1,000,000. Carrier shall maintain cargo
insurance against Carrier's liabilities for loss or damage to goods
shipped pursuant to this Contract with a limit of $500,000 per truckload
which shall be carrier's maximum liability. For those shipments valued in
excess of $500,000 Carrier shall not be liable to pay for a greater
proportion of liability for loss or damage than $500,000 bears to 100% of
the value of the goods. Carrier's insurance shall be primary insurance
irrespective of any other insurance carried by Shipper in effect at the
time of loss.
8. CLAIMS: All loss and damage claims and any salvage arising therefrom
shall be handled and processed in accordance with the regulations of ICC
as published in the Code of Federal Regulations (49 C.F.R. 1005).
9. COLLECTION FEE: If Shipper's account should necessitate outside
collection action, Carrier reserves the right to add collection costs,
finance charges, court costs and/or legal fees to the invoice amounts.
10. DURATION: This Contract shall continue for a period of (1) year and
shall be renewed automatically for the duration of an additional year but
either party shall have the right to cancel this Contract upon 30 days
prior notice to the other party.
11. PAYMENT TERMS: Net/30 Days from date of invoice.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in
duplicate the date above first written.
OTR Express, Inc The Moore Company
(Carrier) (Shipper)
By By
Title Director of Sales Title
OTR Express, Inc.
804 North Meadowbrook Drive
P.O. Box 2819
Olathe, KS 66063-0819
APPENDIX C TO "CARRIER/SHIPPER TRANSPORTATION CONTRACT" or if OTR
Express is operating as a common carrier because no contract exists
between Shipper and OTR Express, the following shall be the applicable
rates, rules & charges.
Customer: Effective Date:
SCHEDULE OF RATES: (Refer to Appendix A)
RULES AND ACCESSORY CHARGES:
Mileage Calculations: Obtained from Rand-McNally - TDM MileMaker PC
version of HHG Carrier's Bureau Mileage Guide #17 and subsequent versions
thereof. Quoted mileage's may change without notice upon adoption of
subsequent versions.
Driver Loading/Unloading Charges: $85 minimum or all lumper charges.
$25 if driver uses a pallet jack only.
Stop Off Charges: The charge for each pick-up and drop-off to
partially load and unload, exclusive of stops at point of origin and
destination is $65 for the first, $75 for the second, and $90 for the
third and each stop thereafter.
Minimum Charge: $585 per shipment, exclusive of accessory charges.
$300 min charge for shipments that final within a 75 mile radius of KC,Mo;
LA,Ca & SF,Ca or for shipments that originate in the state of Florida.
Excess Value: Carrier's maximum cargo liability per shipment is
$500,000. For those shipments valued in excess of $500,000, Carrier is not
liable to pay for a greater proportion of liability for loss or damage
than $500,000 bears to 100% of the value of the goods.
Truck Ordered But Not Used: $150 minimum/$400 maximum if within 6
hours of loading appointment. $1.25 per mile on all miles driven to
position for load.
Detention: With Power: No charge for the first 2 (two) hrs,
$50/hr thereafter.
Without Power: $75 per day, per trailer.
Fuel Surcharge: Refer to Appendix D
Pallet Exchange: $8 per pallet
Team Service Required: $125.00 minimum. Additional $.05 mile for all
miles over 1250 miles.
Reconsignment: Carrier is not obligated to divert/reconsign a shipment
after commencing pick-up but will do so on a best effort basis subject to
a $100 reconsignment fee. Additional miles shall be paid at the same per
mile rate provided the final destination city does not change. If it does
change, the rate per mile may change based on Carrier's prevailing rates.
C.O.D. Shipment: $75. Advance customer notification & written carrier
acceptance required.
Hazardous Material Loads: $.05 per mile for any shipment containing
product deemed by the EPA/DOT to be hazardous and requiring hazardous
material placards affixed to the truck.
Canadian Pick-ups & Deliveries: $.70 per mile for all miles in excess
of a 125 mile radius of Vancouver,BC; Detroit and Toronto, ON.
Transportation In-Bond: $100, plus $65, $75 or $90 applicable stop off
charge plus any additional miles at applicable rate if Carrier is required
to stop at a custom's office en-route.
New York City Deliveries: $200 for loads finaling in NYC, including Long
Island and the five boroughs.
Note: All Accessorial charges listed are applicable unless otherwise
specified in customer contract or appendix to this tariff.
OTR Express, Inc.
Olathe, Kansas
Appendix D Fuel Surcharge Program
Fuel Surcharge shall be assessed as follows:
1. Fuel surcharges shall be applied on a per mile basis using the
current Rand McNally Milemaker mileage guide.
2. Fuel surcharge amounts are exclusive of any minimum or flat rate
linehaul charges.
3. Fuel surcharge amounts will be separated and shown as an individual
line item on carrier's invoice.
4. Fuel surcharge will be indexed based on the national on-highway
diesel fuel price as reported by the Department of Energy's (DOE)
Energy Information Administration ("DOE index").
5. A fuel surcharge will be initiated when the DOE index reaches a level
of $1.1375 per gallon and will continue until it falls below this
baseline.
Calculated as follows:
( DOE index - $1.11 ) / 5.5 miles per gallon
= FSC amount per mile (rounded to nearest whole cent).
6. Changes in the fuel surcharge amount shall become effective the
Sunday following the announcement by the DOE of the latest weekly
national fuel index. Updates occur each Monday, unless a holiday, and
may be accessed by calling 202/586-6966.