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Exhibit 10.32
UNIFORM BULK MOTOR CARRIER CONTRACT
This is a Contract to provide for interstate and intrastate, where applicable,
motor carrier transportation of various cargoes between or among various
geographic points, dated the 1st day of October, 1991, by and between Chemical
Leaman Tank Lines, Inc. (hereinafter "Carrier") and The Dow Chemical Company
(hereinafter "Dow"). Service provided under this Contract is authorized under
I.C.C. Permit MC-110525, Sub #1328, dated August 23,1983, and such State
Agencies as are required.
Dow is a diversified manufacturer of basic chemicals, plastics, specialty
products and services and has a need for transportation service in the
furtherance of its business. Carrier is a motor carrier desirous of providing
transportation service to Dow.
Therefore, in consideration of the premises, covenants and agreements
contained herein, the parties agree as follows:
o 1. Pursuant to this non-exclusive transportation Contract, Dow agrees to
tender a series of shipments of its general commodities to Carrier for
transportation and delivery as directed by Dow's Shipping Order/Bill of
Lading which will accompany each tender. Carrier agrees to provide
transportation for 100% of tenders. Carrier may sub-contract with other
mutually agreed upon carriers. For any sub-contracted tenders, freight
charges will be billed at the rates in Appendix II of this Agreement.
2. Carrier shall receive from Dow such quantities of goods as may be tendered
for transportation from time to time, and Carrier shall make all
reasonable effort to have the required equipment available, with trailer
exteriors and interiors clean and presentable as befits a Dow quality
load. Carrier will provide, as requested, a general list of all Carrier
controlled or commercial cleaning locations where trailers have been
cleaned after transporting Dow produced or purchased products.
3. Carrier shall transport and carry the goods without delay caused by
anything in Carrier's control. Any and all occurrences which would be
probable or certain cause for delay of delivery shall be immediately
communicated to Dow by Carrier. In addition, Carrier will furnish when
their capabilities are developed, via electronic data interchange,
periodic transmissions of data elements on each Dow shipment and receipt
in format specified by the United States Electronic Data Interchange
Standards published by the Transportation Data Coordinating Committee, as
well as similar data elements for automated payment of freight bills.
o Denotes Change
Page: 2 Rev. 1 Date: 4/1/95
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4. Dow agrees to pay Carrier, as compensation for such transportation, the
rates and charges shown in Appendices I and II to this Contract. All
changes must be approved in writing by both parties. All rates will apply
to both prepaid and collect shipments. In the event that the consignee
also has a contract rate in effect with the Carrier and the shipment is
tendered on a "freight collect" basis, the consignee's contract rate will
apply in lieu of rates included in this Contract. If, on collect
shipments, consignee fails to pay Carrier's freight bills after Carrier
has made a conscientious effort to collect, Dow will pay such freight
bills, provided Carrier furnishes proof of efforts to collect from
consignee.
5. Carrier personnel (including driving personnel, whether employees of
Carrier or of Carrier's agents known as "fleet operators" or "leased
operators") will comply with all plant rules and regulations while on
Dow's or consignee's plant premises. Carrier shall inform all of its
employees and personnel who may come onto such premises of this
requirement. Any Carrier employee or person who does not comply with all
plant rules and regulations may be summarily rejected and directed to
immediately leave the premises at the exclusive risk and expense of the
Carrier. Carrier agrees to utilize adequate motor truck equipment and
qualified personnel for performance of its obligations under this
Contract, and to operate its business at all times in compliance with all
applicable federal, state, and local laws, rules, and regulations.
Worker's Compensation Insurance for Carrier's drivers or operators, if
required, shall be obtained and maintained at the exclusive cost and risk
of Carrier.
6. Carrier shall comply with the financial responsibility requirements of the
appropriate federal and state regulatory agency through which the Carrier
operates.
The Carrier shall maintain public liability insurance against injury or
death in amounts not less than those prescribed by the U.S. Department of
Transportation and the Interstate Commerce Commission. In addition, the
Carrier shall carry cargo insurance of, at least, $100,000 per Dow
shipment. The Carrier shall have his insurance carrier furnish directly to
Dow or its contractor certificates that such coverage is in effect, and
will instruct carrier to directly notify Dow or its contractor if coverage
is cancelled or changed.
7. Carrier shall indemnify, defend, and hold Dow, its employees and agents
harmless from claims, demands, and causes of action asserted against Dow,
its employees or agents, by any other person (including without limitation
Carrier's and Dow's employees) for personal injury or death or for loss of
or damage to property and resulting from the willful or negligent acts or
Page: 3 Rev. 1 Date: 4/1/95
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omissions of Carrier. Dow shall indemnify, defend, and hold Carrier, its
employees, agents, and subcontractors harmless from claims, demands, and
causes of action asserted against Carrier, its employees, agents, or
subcontractors by any other person (including without limitation Dow's and
Carrier's employees) for personal injury or death or for loss of or damage
to property and resulting from the willful or negligent acts or omissions
of Dow. Where personal injury, death, or loss of or damage to property is
the result of the joint negligence or misconduct of Dow and Carrier, the
parties expressly agree to indemnify each other in proportion to its share
of such joint negligence or misconduct.
8. Carrier assumes complete responsibility and liability regardless of the
fault of any person for all loss of, or damage to, goods transported
hereunder, except where caused in whole or in part by Dow's negligence or
acts of God in which Carrier had no contributory negligence. In those
cases Dow will assume responsibility and liability for only that portion
of the loss or damage caused by Dow's negligence and Carrier shall be
liable for the remainder. Carrier's responsibility for damage or loss to
goods transported shall commence from the time of acceptance at the
shipping point until delivery at the proper destination in accordance with
Dow's written instructions.
In the event of loss or damage during transit, except as limited in this
paragraph above, Carrier shall pay Dow the full value of the lost or
damaged goods plus any and all additional transportation costs. Value of
the lost or damaged goods shall be determined by type of sale in the
following manner:
Trade Sale: Dow will provide Carrier with invoice documentation.
Non-Trade Sale: Value will be determined as reported weekly in the
Chemical Marketing Reporter or Dow's Price Book if the product(s) is not
covered specifically in the Chemical Marketing Reporter.
When used in this Contract, "shipping point" means the place where the
goods or cargo are tendered by Dow to the custody of Carrier or Carrier's
agent for transportation.
9. Any assignment of any benefit or obligation of this Contract, in whole or
in part, by either party, without the prior express written consent of the
other party, shall be void and of no effect.
10. This Contract shall become effective upon the date of the permit (if one
is issued) by the appropriate federal or state agency, or the last date in
the
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signatory provision below, whichever is later, and shall continue for one (1)
year and thereafter from year to year unless:
(a) cancelled by either party at any time upon thirty (30) days' written
notice to the other party at the address stated below; or
(b) Carrier's loss or revocation of authority (for any reason) by any
federal or state regulatory body having jurisdiction over Carrier's
operation, in which case this Contract can be terminated
immediately.
Carrier shall give Dow immediate notice of the occurrence of any
event covered by Subsection (b).
11. Any notices or correspondence in reference to this Contract should be sent
via U.S. Mail, postage prepaid:
to Carrier at: Chemical Leaman Tank Lines, Inc.
102 Pickering Way
Exton, PA 19341-0200
Attn: George E. Ciarlone
Manager of Contracts
Phone: 610-363-4275
Fax: 610-363-4251
to Dow at: The Dow Chemical Company
Transportation & Logistics Services Purchasing
2020 Dow Center
Midland, MI 48674
Attn: Michael W. Humphreys
Motor Carrier Services Purchasing Agent
Phone: 517-636-3397
Fax: 517-638-9452
12. Carrier shall be an independent contractor under this Contract and shall
assume all of the rights, obligations and liabilities applicable to it as
such. Neither Carrier nor any of its employees or agents shall be
considered an employee of Dow, nor shall any partnership, co-venture or
joint-employer relationship be created by virtue of this Contract or of
its performance. No prior course of dealing or performance between Carrier
and Dow shall modify Carrier's status under this Contract as an
independent contractor.
13. Dow agrees to pay all uncontested charges within fifteen (15) days after
receipt of the freight invoice through Dow's payment department or payment
agent.
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14. This Contract is governed by the laws of the State of Michigan for general
contract matters.
15. Carrier agrees to keep secret all Dow technical and business information
which it has received or may receive and not to reveal or to divulge such
information to third parties or to use, or to publish it in any manner
whatsoever without obtaining Dow's prior written approval; provided,
however, that Carrier shall not be bound to keep secret any such
information which (a) was known to Carrier prior to the date of the
Contract from sources other than Dow, or (b) which is or becomes available
to the public without fault on Carrier's part, or (c) which is disclosed
to Carrier by a party not related, directly or indirectly, to Dow, who has
rightful claim to such information. Carrier shall only use Dow technical
and business information to provide the services required under this
Contract.
16. This Contract states the entire agreement between the parties and there
are no other agreements or understandings whatsoever, expressed or
implied.
Amendments or modifications to this Contract must be made in writing,
identified as an amendment or modification and signed by both Dow and
Carrier. Any term or provision in any prior or subsequent writing to the
date of this Contract which is in conflict with any term or provision of
this Contract is objected to and rejected.
17. Should any provision of this Contract be determined by competent public
authority or court to be invalid or unenforceable, then such invalid or
unenforceable provision shall be severed from this Contract without effect
on the validity of the remaining provisions.
18. If Carrier accepts instructions from a non-Dow party or consignee, all
resultant, legitimate charges will be billed by Carrier to the party
causing the charge to occur.
In Witness Whereof, the parties have executed this Contract on the date
shown below.
CHEMICAL LEAMAN TANK LINES, INC. THE DOW CHEMICAL COMPANY
/s/ George E. Ciarlone /s/ Michael W. Humphreys
- --------------------------------- -------------------------------------
NAME: George E. Ciarlone NAME: Michael W. Humphreys
---------------------------- -------------------------------
TITLE: Manager--Cost Analysis TITLE: Purchasing Agent
--------------------------- --------------------------------
DATE: 7/21/95 DATE: 4/13/95
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Page: I-1(B) Date: 10/01/96
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APPENDIX I
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
BAYONNE
-------
Rates as published in the Dow/Chemical Leaman contract are subject to the
following rules and provisions:
1. Dow Chemical agrees to a capital recovery provision effective October 14,
1996 through December 31, 2000. Under this provision, Chemical Leaman Tank
Lines, Inc. shall be entitled to recover a portion of its capital outlay under
the conditions outlined in item 2, below. Chemical Leaman's asset valuation
(capital outlay) is Six Hundred Thousand Dollars ($600,000) for the construction
and purchase of new MC-307 stainless steel trailers to be provided for food
grade and solvents service. The amount of capital recovery to which Chemical
Leaman shall be entitled shall be Six Hundred Thousand Dollars ($600,000) less
Two Percent (2.0%) for each month (or fraction thereof) of the contract term
that has expired from the date Dow Chemical has been notified, in writing, that
Chemical Leaman wishes to invoke this capital recovery provision. Should
Chemical Leaman invoke this capital recovery provision under the specified
conditions in item 2 below, Chemical Leaman shall retain full ownership of all
applicable assets covered in this provision. Should Chemical Leaman decide to
terminate the contract, the capital recovery provision shall not be invoked
2. Chemical Leaman reserves the right to invoke item 1 provisions except under
the following conditions: service performance as outlined in item 5; competitive
pricing as outlined in item 6; and under certain business conditions whereby Dow
Chemical documents business losses due to customer or product transitions.
3. Should Chemical Leaman be required to place additional new trailers into
service to meet Dow Chemical's shipment requirements, Chemical Leaman shall be
entitled to capital recovery. The asset valuation for the additional new
trailers (capital outlay) shall be the cost for the construction and purchase of
the new trailers. The amount of capital recovery to which Chemical Leaman shall
be entitled shall be the result of multiplying the capital outlay amount by the
result of dividing the unexpired number of months (or fractions thereof)
remaining through December 31, 2000 by the total number of months (or fractions
thereof) for the period between the date of the additional capital outlay and
December 31, 2000.
4. Dow Chemical commits One Hundred Percent (100%) of the Dow controlled and
routed outbound freight, stated to be approximately $2,500,000 annual, to be
routed via Chemical Leaman Tank Lines or their broker subsidiary, Capacity
Management Systems. Should Dow Chemical change the legal terms of sale for
transactions originating at Bayonne which results in a decline of business
routed via Chemical Leaman Tank Lines, Chemical Leaman shall reserve the right
to invoke item 1.
Page: I-2(B) Date: 10/01/96
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APPENDIX I
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEM1CAL LEAMAN TANK LINES, INC.
BAYONNE
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5. Chemical Leaman will provide error free service levels at a minimum of Ninety
Five Percent (95%) total carrier error free. Should the error free performance
level fall below Ninety Five Percent (95%) for any consecutive 6-month calendar
period, Dow Chemical reserves the right to waive the capital recovery provision
as stated in item 1 of the Bayonne Rules Tariff. Total carrier error free
performance shall be defined as stated in the Uniform Bulk Motor Carrier
Contract, effective April 1, 1995 plus appendices I through III effective May 1,
1995. If Chemical Leaman retains the business at less than 95% error free
performance, and subsequently the error free performance improves to meet or
exceed the 95% level for a consecutive 6-month calendar period, the capital
recovery provision in item 1 shall be reinstated.
6. Dow Chemical reserves the right to receive and review competitive pricing bid
proposals for single source bulk carrier operations at their Bayonne, NJ
terminal operation. Dow Chemical agrees to consider no fewer than Three (3)
non-Chemical Leaman carrier pricing bids simultaneously, which each reduce
existing Chemical Leaman contract pricing by Five Percent (5%) or greater.
7. Chemical Leaman Tank Lines, Inc. reserves the right of first refusal to
compare existing contract pricing to the Three (3) competitive bids each
generating a reduction of Five Percent (5%) or greater. Dow Chemical agrees to
provide competitive operating parameters in addition to proposed competitive
bids.
8. Chemical Leaman reserves the right to renegotiate current transportation
price levels should any changes to the operating parameters, as outlined in
Section I, significantly alter costs such as changes in equipment or driver
levels, trailer types, on-site personnel staffing, loading hours, unloading
hours, equipment accessorial requirements, tank cleaning requirements or Dow
terminal site location. Chemical Leaman shall provide written documentation
supporting increased operating costs due to changes in the operating parameters
as outlined above and in Section I.
9. Chemical Leaman reserves the right to increase transportation price levels up
to Five Percent (5%) under conditions outlined in item 8. Should Chemical Leaman
require an increase greater than 5%, Dow Chemical reserves the right to re-bid
the Bayonne, NJ business. Should Dow Chemical receive Three (3) or more
competitive bids at least five percent (5%) below Chemical Leaman proposed
pricing, Chemical Leaman agrees to revoke the take or pay provisions as outlined
in item 1. Should Dow Chemical not receive Three (3) or more competitive bids at
least Five Percent (5%) below Chemical Leaman proposed pricing, Chemical Leaman
shall retain the business at Bayonne, NJ.
Page: I-3(B) Date 10/01/96
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APPENDIX I
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
BAYONNE
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Section I: Operations Parameters: Dow Chemical @ Bayonne, NJ
A/ Chemical Leaman will provide dedicated trailers for solvent and food grade
products.
B/ Solvent trailers shall have stainless steel pumps mounted on each trailer.
C/ Chemical Leaman will provide on-site management personnel.
D/ Dow will provide the use of 2 offices at the Bayonne terminal for Chemical
Leaman personnel.
E/ Chemical Leaman will assume responsibility for order processing on October
14, 1996.
F/ Chemical Leaman will transition business in twenty five percent (25%)
segments to be completed with one hundred percent (100%) business control
one hundred fifty (150) days from the October 14, 1996 start.
G/ Loading hours at Dow-Powell/Dufferin will commence 0200 hours Mondays and
continue 24 hours through 1900 hours Friday of each week.
H/ Chemical Leaman will be expected to perform at a ninety eight percent (98%)
on time delivery level by January 14, 1997.
I/ Chemical Leaman will determine, through coordination with Powell Dufferin,
specific order load times. Return loading during PM hours are based on
first come first served.
J/ All trailers tendered for loading will be subject to vacuum testing.
K/ All food grade trailers tendered for loading will be subject to a white
glove test for contaminants.
L/ Dow Chemical will tender orders directly to Chemical Leaman Tank Lines for
processing and driver dispatch.
M/ Chemical Leaman will arrange for all Food Grade trailers to be Koshered.
Dow Chemical agrees to pay actual cost for the kosher process.
N/ Chemical Leaman will NOT mix food grade and chemical products on the same
trailer.
O/ Chemical Leaman will not allow any brokered carrier to mix food grade and
chemical products on the same trailer.
P/ Chemical Leaman will route via the least congested route exiting the
Bayonne, NJ terminal. Tolls charges may vary, depending on the route which
will be based on area construction projects and the related impact on
traffic conditions.
Q/ Chemical Leaman agrees to broker with only Dow core and/or approved
carriers.
R/ Chemical Leaman and Dow will conduct quarterly service reviews at the
Bayonne terminal. Dates and times to be arranged as needed.
S/ When multiple stop deliveries are required, a stop in-transit charge of
$45.00 per stop shall be added to the transportation bill. Detention free
time of two (2) hours shall be applied to the ENTIRE routing/delivery
process on multiple stop deliveries, with unloading hours above and beyond
the total two (2) free hours to be billed to Dow Chemical at a rate of
$22.50 per half hour, or fraction thereof.
Page: II-1(B) Date 10/01/96
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APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
BAYONNE
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ROLES: Except as otherwise specifically provided,
Appendix I.
ACCESSORIAL CHARGES: All accessorial charges not specifically covered
by Dow Master Contract to be billed per CLEA 100
series.
HIGHWAY TOLL CHARGES: Actual cost.
PUMP/COMPRESSOR CHARGES: Included in rate.
DETENTION FREE TIME: 2 hours for loading; 2 hours for unloading.
EXCESS DETENTION CHARGES: $22.50 per half hour, or fraction thereof.
TANK CLEANING CHARGES: Glycerine USP, Glycols: $155, when cleaned.
Solvents; Flush, Steam & Dry: $158, when cleaned.
Liquid Commodities; Caustic Water: $181, when
cleaned.
Food Grade Products: Actual cost, when cleaned.
(Multi-Compartment Trailers: $22.50/compartment greater than one)
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APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 100 01:0100 01:0200
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Origin: Bayonne, NJ
o Destination Points In U.S. and Canada
Commodity: Liquid Commodities in Dedicated MC-307 Single and Multi-
Compartment Trailers.
Miles Rate/Shipment
----- -------------
O - 50 $340
51 - 75 $390
76 - 100 $480
101 - 125 $525
126 - 150 $575
151 - 175 $625
176 - 200 $700
201 - 225 $750
226 - 250 $825
251 - 275 $875
276 - 300 $925
301 & Over $3.10/loaded mile
Item 200
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Origin: Bayonne, NJ
Commodity: Liquid Commodities in Dedicated MC-307 Single Compartment
Trailers as listed:
Tetrachloroethylene, Trichloroethylene, Diethylene Glycol
Monomethyl E, Ethylene Glycol Monobutyl Ethe, Propylene
Glycol Monomethyl ET, Dipropylene Glycol SA.
Destination Rate/Shipment
----------- -------------
01:0101 Kings Point, VA $1,380
01:0102 McKees Rocks,, PA 1,531
01:0103 Neville Island, PA 1,361
01:0104 Pittsburgh, PA 1,414
01:0105 Portsmouth, VA 1,398
01:0106 Rochester, PA 1,457
01:0107 Saegertown, PA 1,482
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o Denotes Change
Page: AI-1 Date: 06/17/96
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APPENDIX I
IN BOUND
ADDITIONAL CONTRACT PROVISIONS
1. COMMON CARRIER SERVICE NOT EXCLUDED
The normal operations of Carrier as a motor Common Carrier shall not be
affected by this Contract, nor shall Carrier be precluded from performing
transportation services for Dow as a Common Carrier in connection with
transportation services outside the scope of this Contract.
2. COMPUTATION OF MILEAGE
Distances between all points shall be based upon Rand McNally MILEMAKER
System as determined from the Household Goods Carriers' Bureau Mileage
Guide No. 14 or reissues thereof.
3. CONDITION OF TANKS TENDERED FOR LOADING
Carrier will supply "clean, dry, and free of contaminating odor" tank
equipment of the type needed for the product involved. Pumps and hoses must
be free of contaminants, and hose ends (when not in use) must be protected
from contamination.
4. DETENTION
Except as otherwise more specifically provided for in Appendix II of this
Contract, three (3) hours for loading without charge at any Dow or Dow
designated location and three (3) hours for unloading without charge at any
consignee's location will be allowed.
In excess of the time given above a rate of $45 per hour or fraction
thereof shall apply.
5. CANCELED VEHICLES
Except as otherwise provided (see Exception), when a tractor-trailer unit
is ordered by Dow and such order is subsequently canceled or postponed by
Dow after the vehicle has been dispatched from the Carrier's terminal, the
charges in the S.A.C. will apply. In addition, the terms of Provision No. 4
will apply, except that no time without charge shall be allowed.
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Exception: When the vehicle ordered is subsequently canceled for the shipment of
the commodity for which it was specifically ordered, but such vehicle
is used in the shipment of the same commodity to a different
destination, or is used in a shipment of a different commodity to the
same destination or a different destination, the terms of this
Provision will not apply if the vehicle, as presented, is acceptable
for loading without cleaning, and if the vehicle is of an acceptable
capacity to Dow. Furthermore, if cancellation is communicated to
Carrier more than four hours prior to scheduled departure, this
Provision does not apply.
6. DIVERSION OR RECONSIGNMENT
Shipments moving on rates named in this Contract may be diverted or
reconsigned in transit or at billed destination, subject to the following
conditions:
(a) The term "Diversion or Reconsignment" means a change in the name of
consignee and/or destination of the entire shipment, or any other
instructions given to the Carrier requiring an addition to, or change
in, billing necessary to effect delivery or involving an additional
movement of equipment.
(b) On shipments diverted or reconsigned to a place of unloading within
the corporate limits of the municipality to which the shipment was
originally consigned, the applicable rate from point of origin to
destination will apply, in addition to the charge provided in the
S.A.C.
(c) On a shipment diverted or reconsigned to a place of unloading not
within the corporate limits of the municipality to which the shipment
was originally consigned, the applicable rates (see Exception) shall
be determined from mileage tables herein based on the mileage from
point of origin to final destination over the route of actual movement
as per Dows' instruction computed in accordance with Provision No. 2,
and will apply in addition to the charges provided in the S.A.C.
Exception: When point of diversion or reconsignment is on the most
direct highway route and is intermediate to the final destination, the
rate to the final destination will apply.
(d) On such movements, freight charges will be computed on the actual
loaded movement miles.
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(e) The charge, (see S.A.C.) for each diversion or reconsignment, is in
addition to all other applicable charges. This charge will be billed
to company requesting diversion or reconsignment.
(f) Time consumed in waiting for orders under this provision will be
considered part of unloading time, and detention charges will be
assessed as provided in Provision No. 4 above, if time without charge
has elapsed.
(g) A request for diversion or reconsignment must be made or confirmed in
writing by the shipper. (Preferably with an amended bill of lading or
shipping notice being presented to the Carrier.)
7. HOSE
When hose is required or requested to effect either pickup or delivery, or
both, of a single shipment, then either a two, three, or four inch inside
diameter hose length(s) will be provided. All hoses will be provided
without charge.
8. REJECTED SHIPMENTS
If, for any reason not ascribable to the Carrier or its personnel, a
shipment is rejected by the consignee at destination, notification to Dow
shall be given in writing, telephone, or telegraph, requesting disposition.
The charges to be applied on such rejected, returned shipments shall be in
accordance with the S.A.C. as applied to the outbound shipment rates as
published from the original point of origin to the original point of
destination on the date of the returned shipment and shall be based on the
actual weight of the product returned. Time consumed waiting for orders
under this provision will be considered as part of unloading time, and
detention charges will be assessed in accordance with Provision No. 4.
9. SPOTTING NON-POOLED SEMI-TRAILERS FOR LINE HAUL MOVEMENTS OR STORAGE
(a) Except as otherwise provided, when, for Dow's convenience, Carrier is
requested or required to place and leave a single semi-tank trailer
on the premises of Dow, or any other practical site they may designate
for the purpose of loading or unloading for a line haul movement a
charge in accordance with the S.A.C. for each 24 hour period or
fraction thereof will apply.
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(b) An allowance of one (1) hour without charge for spotting and one (1)
hour without charge for pickup will be allowed (see Provision No. 4).
(c) When, in connection with such spotting, it becomes necessary to move
tractor(s) without semi-trailers, the charges in the S.A.C. will apply
covering the movement of such tractor(s) for the miles traveled from
and the miles traveled to return to the Carrier's terminal from which
the tractor(s) was(were) dispatched.
(d) When spotting is for the purpose of storage, the conditions and
charges will be negotiated on a local basis and shown in Appendix II
for that site location.
(e) Carrier agrees that Dow may move Carrier's trailers within Dow's
premises; however, Dow will be responsible for any damage incurred to
trailers during such movement.
(f) Dow will be liable for tank cleaning charge as provided in the S.A.C.,
if applicable, when trailer is released from spotting.
10. SUNDAY AND HOLIDAY SHIPMENTS
If Carrier is required by Dow to load, pick-up, unload, or actually deliver
on a Sunday or Holiday, the charge in the SAC will apply on a per unit
basis.
The intent is to compensate Carrier for "call-out" of local drivers to
perform this work. The charge does not apply if the shipment is enroute
over a Sunday or Holiday, but is loaded or unloaded (picked up or
delivered) on any other day.
The term "holiday" is hereby defined to include the following days or the
day on which they are celebrated:
New Year's Day Independence Day Thanksgiving Day
Good Friday Labor Day Christmas Day
Memorial Day
Carrier reserves the right to perform service on Sundays and Holidays (not
requested, but consented to, by shipper upon Carrier's request) for
operating reasons, in which case extra charges herein do not apply.
11. STOP-OFF IN TRANSIT TO COMPLETE LOADING AND/OR FOR PARTIAL DELIVERY
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(a) Except as otherwise provided, shipments may be stopped in transit to
complete loading and/or partial delivery.
(b) A shipment loaded at two or more places within the corporate limits of
a single point of origin and/or delivered to two or more places within
the corporate limits of a single destination, shall be considered as
being stopped in transit to complete loading and/or partial delivery
under the conditions of this provision.
(c) A shipment stopped in transit for partial delivery may be delivered to
two or more consignees within the corporate limits of a single
destination or may be delivered to two or more consignees at two or
more destinations.
(d) To determine the mileage on shipments loaded at two or more places
within the corporate limits of a single point of origin and/or
delivered to two or more places within the corporate limits of a
single destination, except as otherwise provided, see paragraph (f) of
this provision.
(e) To determine the mileage on shipments loaded at two or more places
which are not all within the corporate limits of a single point and/or
delivered to two or more places which are not all within the corporate
limits of a single destination, except as otherwise provided, see
paragraph (f) of this Provision.
(f) To determine the applicable mileages for shipments made in paragraphs
(d) and (e) of this provision, the Rand McNally MILEMAKER will apply
and shall start at the point of loading and include the miles traveled
by the vehicle via all stop-in-transit points to final destination or
to the point at which the vehicle discharges the last portion of its
cargo. Mileages so computed shall be used to determine the applicable
rate for the entire shipment and shall apply on the number of gallons
or pounds of commodity loaded at origin, subject to the minimums
provided herein.
(g) In addition to all other lawful charges, an additional stop-off
charge, as stated in the S.A.C., will apply. Such charge shall not be
assessed at the origin or final destination.
(h) Aggregate total loading or unloading times will be charged for in
accordance with Provision No. 4.
12. WEIGHING VEHICLES
Unless otherwise provided, freight charges shall, at Dow's option, be based
on one of the following methods of weight determination:
Page: AI-6 Date: 06/17/96
Dow:
CLEA:
(a) The description of the commodity and the weight of the shipment shall
be shown by Dow on the shipping order or bill of lading.
(b) Dow shall show on shipping order or bill of lading the specific
gravity at temperature loaded.
(c) Dow shall show on shipping order or bill of lading the weight per
gallon at temperature loaded.
(d) The party which requests independent weighing of a shipment should pay
weighing charge and all ensuing charges related to time and distance.
In the absence of election of one of the foregoing methods, where a vehicle
is weighed on public scale at the request of Dow or consignee, a charge
(see the S.A.C.) shall be assessed for each weighing in addition to all
other lawful charges.
Time consumed in weighing vehicle, before or after loading, or both, at the
point of shipment, shall be considered as part of time for loading and
subject to charges set forth in Provision No. 4.
Time consumed in weighing vehicle, before or after unloading, or both, at
the point of destination, shall be considered as time for unloading and
subject to charges and other provisions as set forth in Provision No. 4.
Carrier shall provide Dow and/or consignee with a calibration chart for the
trailer utilized.
13. ACCESSORIAL AND EMERGENCY SERVICES
Accessorial and emergency service will be provided, if practicable, and
such service charges shall be in accordance with the S.A.C.
On Sundays and Holidays, time shall begin when Carrier's equipment leaves
Carrier's terminal and continue until equipment is returned to the
Carrier's terminal from which dispatched. Weekdays time will be computed
Dow gate to gate. Any delay directly attributable to the Carrier will be
subtracted from the total time. Time of equipment departure and arrival at
the terminal will be indicated on the bill of lading or freight bill for
each shipment.
Page: AI-7 Date: 06/17/96
Dow:
CLEA:
13A. ASSISTANCE FROM OR EVACUATION OF POWER VEHICLE BY SECOND DRIVER -
LOADING/UNLOADING
When a two-person sleeper team is required to handle a shipment and Dow or
the consignee requires the second person to assist in loading and/or
unloading or to evacuate the power vehicle a charge (see the S.A.C.) will
apply. Time to be computed from the time the Carrier's equipment arrives at
the loading or unloading gate until the time the Carrier's equipment
departs from the loading or unloading gate.
Charges set forth in the S.A.C. will be in addition to all other applicable
charges and shall be paid by the party requesting this service.
14. TANK CLEANING AND HEEL DISPOSAL
When Carrier is requested to furnish a trailer for the transportation of
products, which, because of its inherent nature requires cleaning and waste
disposal before the trailer can be returned to service, the charges set
forth in the S.A.C. will apply on the initial loading. These charges are in
addition to all other lawful charges assessed against the shipment.
Charges shall not be made on subsequent loading of the same trailer so long
as said trailer remains continuously in the exclusive use of the same
consignor, unless such consignor requests that the trailer be cleaned after
delivery of any of these loadings, in which case the applicable additional
charges shall be applied on the next loading of these products following
such requested cleaning.
When two or more products are shipped at one time in a compartmented
trailer, the applicable cleaning charge will be the highest applicable
charge on any product in the trailer.
15. SPECIAL EQUIPMENT AND SERVICE
When special equipment as listed below is required or requested by the
consignor or consignee prior to movement of the shipment, such equipment,
if available, will be furnished by Carrier subject to charges in the S.A.C.
Air Blowers, Air Compressors, Air Dryers, Nozzles, and Pumps will be
provided, as requested, without charge.
(a) Compartmented Trailers.
(b) Heating-in-transit Service: Except as otherwise provided, Carrier
will, upon request of consignor or consignee, furnish, if available, a
trailer and/or tractor equipped with a controlled heating-in-transit
system subject to the charges in the S.A.C.
Page: AI-8 Date: 06/17/96
Dow:
CLEA:
(c) Heating Service: When, upon request, of consignor or consignee, a
shipment is stopped in transit for the purpose of heating the lading
by steam or any other means, the charges in the S.A.C. will apply.
Carrier will apply heat for the length of time prescribed by the
consignor or consignee. Heating time will be deemed to start at the
time heat is applied to the lading and shall end when the heat is
removed.
It shall be the responsibility of the consignor or consignee to make
arrangements for the use of steam and other heating facilities at its
own expense, although Carrier will, if requested, attempt to locate
such facilities and make arrangements for their use provided, however,
that the consignor or consignee shall agree to be responsible for any
expense incurred for the use of such facilities.
Time consumed by heating at consignor's site of pick up and/or
consignee's site of delivery shall be considered as loading and/or
unloading time and shall be charged for as provided in Provision No.
4.
All charges set forth in this provision shall be in addition to all other
lawful charges assessed against the shipment.
16. OVERNIGHT AND WEEKEND LAYOVER
OVERNIGHT
(a) When Carrier's vehicle arrives at point of loading, unloading, stop-
off and/or final destination between 8:00 a.m. and 5:00 p.m. on a day
between Monday and Friday, inclusive or on Saturday or Sunday if so
requested by Dow or consignee, and Dow or consignee cannot complete
loading and/or unloading on the date of arrival, the time the vehicle
is detained between 8:00 a.m. and 5:00 p.m., or the time the driver is
released if later than 5:00 p.m., will be charged for according to the
terms of Provision No. 4. If the vehicle (tractor and/or trailer) is
detained until 8:00 a.m. the following morning at such point, or in
the vicinity thereof, and the driver is not required to remain on
duty, the terms of Provision No. 4 will not apply from 5:00 p.m. until
8:00 a.m. the following morning and in lieu thereof, the charges in
the S.A.C. for Single Driver or Sleeper Team for each overnight
layover will apply.
If the vehicle (tractor and/or trailer) is further detained, charges
outlined above or in paragraph (b) below, as applicable, will be the
same as if the vehicle had just arrived, except that no time without
charge as provided for in the terms of Provision No. 4 will apply.
Page: AI-9 Date: 06/17/96
Dow:
CLEA:
WEEKEND LAYOVERS
(b) When Carrier's vehicle arrives at point of loading, unloading, stop-
off and/or final destination between 8:00 a.m. and 5:00 p.m. on a
Friday, and Dow or consignee cannot complete loading and/or unloading
on the day of arrival, the time the vehicle is detained between 8:00
a.m. and 5:00 p.m., or the time the driver is released if later than
5:00 p.m., will be charged according to the terms of Provision No. 4.
If the vehicle (tractor and/or trailer) is detained over the weekend
until 8:00 a.m. Monday at such point, or in the vicinity thereof, and
the driver is not required to remain on duty, the terms of Provision
No. 4 will not apply from 5:00 p.m. on Friday, or the time the driver
was released if later than 5:00 p.m. until 8:00 a.m. Monday morning
and, in lieu thereof, the charges in the S.A.C. for Single Driver or
Sleeper Team for such weekend layover will apply.
If the vehicle (tractor and/or trailer) is further detained, charges
outlined in paragraph (a) will apply the same as if the vehicle had
just arrived, except that time without charge as provided for in
Provision No. 4 will apply.
When Carrier's vehicle arrives at point of loading, unloading, stop-off
and/or final destination at a time other than between 8:00 a.m. and 5:00
p.m. and, when due to compliance with Dow and/or consignee instructions, a
layover is required to complete loading and/or unloading, charges for
detention time after 5:00 p.m. as provided in paragraph (a) and (b) above,
whichever applies will be applicable.
17. SERVICE PERFORMANCE
Carrier understands and agrees to have its performance measured by Dow
using the "Measurement of Quality Performance" methodology, a copy of which
is made a part of this Contract as Appendix III.
18. CLEANING AND WASTE DISPOSAL
Carrier warrants that he will perform all duties of a "generator" as
identified by the EPA in 40 CRF 260.10 and that any cleaning facilities
used will meet all Resource Conservation and Recovery Act requirements.
19. DRUMMING FROM TANK TRAILERS
Carrier will not off-load hazardous materials (as defined by DOT) from
trailers into drums. If consignee should request Carrier to do this,
Carrier shall refuse and notify Dow of same. Products designated as
combustible are exempt from this policy.
Page: AI-10 Date: 06/17/96
Dow:
CLEA:
20. CURRENCY
Freight rates and/or charges applicable under the terms or Provisions of
this Contract shall be stated and payable in U.S. funds only.
21. ALTERNATION OF RATES
In Appendix II, where there is a conflict between tabular rates (mileage
based) and point-to-point commodity rates, the rate that produces the
lowest line haul transportation charge will apply.
When shipments to, from, and between the United States and Canada are
tendered and when there is a Dow Canada and a Dow U.S.A. contract, then the
lowest contract freight rate in either contract will apply on either a
prepaid or collect basis and the payment will be in U.S. funds only.
22. ARBITRATION
If any disputes or differences in interpretation arise other than provided
under Provisions 1 through 21 above, such disputes will be resolved by
negotiations between the two parties or by a mutually agreed upon
arbitrator.
Page: SAC-1(IB) Date 06/17/96
Dow:
CLEA:
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
PROVISION (NO.) CHARGE
- ----------------------------------------------------------- ---------------------------------------------------------
Detention (4) Net debits under an averaging agreement for
loading and unloading detention billed at $45/hour
on a quarterly basis.
Cancelled Vehicle (5) $140.
Diversion/Reconsignment (6) $35.
Rejected Shipments (8) 50% Of outbound line haul rates; minimum of $165
and minimum of $1.30/mile.
Spotting for Line Haul Movements (9) $110 Each 24 hour period or fraction thereof
Tractor only: Sl.41/mile; $65 minimum
Spotting for Storage (9) Determined by local contract terms and charges as
listed in Appendix 11.
Sunday and Holidays (10) $195.
Stop-off Intransit (11) $45.
Weighing Vehicles (12) $20.
Accessorial and Emergency Service (13) Sunday and Holidays: 01:8905
$45 each hour; 8 hours minimum.
All other days: 01:8906
$45 each hour; 4 hours minimum.
Assistance from or Evacuation of $5 For each 15 minute period or fraction thereof will
Power Vehicle by Second Driver: be assessed if second driver is required to assist in
Loading/Unloading (13A) loading/unloading or evacuation from his unit.
Tank Cleaning and Heel Disposal (14) A. $125 Standard products.
B. $190 (See Attachment A)
C. $500 (See Attachment A)
D. Determined by local contract terms and charges
as listed in Appendix II.
Page: SAC-2(IB) Date 06/17/96
Dow:
CLEA:
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
PROVISION (NO.) CHARGE
- ----------------------------------------------------------- ---------------------------------------------------------
Special Equipment and Service (15) A. $90 For compartmented trailers.
B. $45 Heating-in-transit (tractor only).
$85 Heating-in-transit (tractor and trailer).
C. Heating Service:
Note A Note B
$45 $11 Weekdays (excluding holidays).
$55 $13 Saturdays.
$65 $17 Sundays and holidays.
Note A: Applies for the first hour or fraction
thereof.
Note B: Applies for each additional fifteen
minutes or fraction thereof.
Overnight and Weekend Layovers (16) $200 single driver - overnight
$275 sleeper team - overnight
$600 single driver - weekend
$1,760 sleeper team - weekend
If inbound line haul charges are rated from
another shipper's contract, Dow contract
accessorial charges will apply (17)
Page: SAC-3(IB) Date 06/17/96
Dow:
CLEA:
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Attachment A
CATEGORY PRODUCTS
- -------------------------------------------------- ---------------------------------------------
A. STANDARD CLEANING ALL PRODUCTS NOT OTHERWISE SPECIFICALLY
$125 PER CLEANING LISTED IN CATEGORIES B, C, OR D.
B. HARD TO CLEAN 2-4-D ACID BUTYL ESTER
$190 PER CLEANING 2-4-D ACID ISOOCTYL ESTER
2-4-D BUTOXYETHYL ESTER
2-4-D DIETHANOLAMINE SALT 5
2-4-D ISOPROPYLAMINE SALTS
2-4-D MCPP INTERMEDIATE 4851A
2-4-D TEA-4
2-4-D TRIISOPROPAL AMINE SALT
2-4-D ISOOCTYL ALCOHOL
2-4-D ISOOCTYL D
DOW DMA-6 SEQUESTERED
DOW DMA-6 UNSEQUESTERED
EPOXY RESINS
ESTERON 99 CONCENTRATE 2-4-D
HAZARDOUS WASTE, LIQUID
SYNTHETIC LATEX/LIQUID RUBBER
TELONE*
(2-4-D IS AN ABBREVIATION FOR 2-4-DICHLORO
PHENOXY ACETIC ACID)
C. DIFFICULT TO CLEAN DICHLOROTETRAFLUOROPYRIDINE
$500 PER CLEANING (DCTFP)
PHENOL
D. EXCEPTIONS PRODUCTS TO BE DETERMINED BY LOCAL
CONTRACT TERMS AND CHARGES WILL BE
LISTED SEPARATELY IN APPENDIX II.
*TRADEMARK OF THE DOW CHEMICAL COMPANY
Page: II-1(L/M) Date 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
Item 100 50:5000
Origin: Louisville, KY
Destination: Lockland, OH and Middletown, OH
Equipment: Multi-compartment trailer
Rate: $l.30/dead head mile
Page: II-1(MID) Date 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
Item 100 03:0322
Origin: Points in U.S. excluding Michigan
Destination: Midland, MI and Bay City, MI
Commodity: Liquid Commodities in MC-307 trailer (reloadable 2/1 type only)
Rate: $l.75/1oaded mile
Item 200 01:2009
Origin: Bay Minette, AL
Destination: Midland, MI
Commodity: Liquid Chemicals in shipper-owned container on carrier provided
chassis
Rate: $3,282/shipment
No allowance for use of shipper-provided chassis.
Page: II-1(MIS) Date 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
Item 100
Origin: Points in Texas
Commodity: General Chemicals in stainless steel single compartment trailers
in non-dedicated, reloadable service.
Destination Rate/Mile
04:4500 CT, DE, GA, IL IN, KY, MA, MD, MI (Except $2.26
Midland), NC, NJ, NY, OH, PA, RI, SC, VA,
WV, ON and PQ
04:0400 Canada except ON and PQ 3.00
04:4505 AL, MS, MO, TN 2.58
04:4510 CA 2.60
04:4525 LA 2.14
04:4515 All other states except TX and as 2.81
otherwise provided herein.
Item 200 04:4590
Origin: Points in Texas
Destination: Points in U.S. (except Texas) and Canada
Commodity: Liquid Commodities transported in multi-compartment trailer.
Rate: $2.85/1oaded mile
Page: II-2(MIS) Rev 1 Date 12/13/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
Item 300 01:0005
oOrigin: Between Midland, MI and Bay City, MI and Harbor Beach MI and
Destination: Points in the U.S. (except MI, AX, HI) and Canada
Commodity: LIQUID AND DRY CHEMICALS (not specified in Item 200) transported in
single compartment, non-reloadable or multi-compartment trailers.
Miles Rate/Loaded Mile
--------------- ----------------
0 - 100 $ 2.85
101 - 200 2.69
201 - 400 3.05
401 - 800 3.10
801 - 1000 2.93
1001 - Over 3.00
Cleaning: Rate of $190/1oad on Intrastate Michigan moves of latex liquid
only.
Item 400 01:0270
Origin: Channahon, IL
Destination: Points in the U.S. and Ontario
Commodity: Liquid Commodities transported in multi-compartment MC-307 trailer
Rate: $3.05/1oaded mile
Item 500 01:0280
Origin: Channahon, IL
Destination: Points in Manitoba, Alberta, Quebec, British Columbia,
Saskatchewan and New Brunswick
Commodity: Liquid Commodities transported in multi-Compartment MC-307 trailer
Rate: $3.18/1oaded mile
o Denotes Change
Page: II-3(MIS) Date 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
Item 600
Origin: Channahon, IL
Commodity: Liquid Commodities transported in MC-307 single compartment trailers
Rate Per
Destination Loaded Mile
----------- -----------
01:0125 LA $1.80
AL, DC, DE, FL, IN, KY, MILES
01:0130 MD, ME, MI, MS, NC, NH, 10 - 150 3.00
SC, VT, VA 151 & Over 2.60
01:0272 OH 2.25
01:0273 OH (Counties of: Meigs, Gallia, Lawrence, Scioto, 2.60
Pike, Jackson and Vinton)
01:0183 CT, MA, PA, NJ, NY, RI, WV, Ontario 2.10
01:0184 TN 2.60
01:0185 Tildale, GA (Dalton, GA) 1.75
01:0186 GA (all other points) 2.25
01:0187 TX (Counties of: Brazoria, Chambers, Ft. Bend, 1.75
Galveston, Harris, Jefferson and Montgomery)
01:2090 TX (Dallas and Tarrant counties) 2.25
01:0188 TX (all other points) 2.50
01:0132 Points in US including Illinois in continuation of 2.85
an interstate move
01:0271 Points in Manitoba, Alberta, Quebec, British 3.00
Columbia, Saskatchewan and New Brunswick
Page: II-1(MUS) Date 09/01/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
Item 100 03:0326
Origin: Delaware City, DE
Destination: Muskegon, MI
Commodity: Liquid Commodities in MC-307 trailer
Rate: $2.05/loaded mile
This rate applies only on inbound shipments for Dow.
Cleaning: $125 when cleaned.
Page: II-1(MX) Date 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
Item 100 04:4521
Origin: Points in Texas
Destination: Points in Mexico
Commodity: Liquid Commodities
Rate: $3.00/1oaded mile
On shipments to Mexico to be transported via the international
boundary at any point in Texas, an extra charge of $200/round
trip crossing will be applicable in addition to all other
charges.
Page: II-1(PITT) Date 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
Item 100
Destination: Pittsburgh, CA
Commodity: Liquid Chemicals transported in single compartment MC-307 trailer
Origin: Rate/Mile
------- ---------
22:2200 LA, MS, TX $2.05
22:2201 AL, CT, DE, GA, IL KY, MD, MI, NC, NJ, PA, SC 2.10
22:2202 MA, NY, RI, TN, VA 2.20
22:2203 AR, FL, IN, NH, VT, WI, WV 2.40
22:2204 ME, MO 2.60
22:2205 MN, IA 2.80
22 2206 CO, KS, MT, ND, NE, NM, SD, WY 3.25
22:2207 AZ, ID, OR, UT, WA 3.30
22:2208 NV 3.45
Page: II-1(SAR) Date 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
Item 100 01:0900
Origin: Charleston, SC
Destination: Sarnia, ON
Commodity: Liquid Commodities in MC-307 single compartment, reloadable
trailers
Rate: $1.75/loaded mile
Page: II-1(TIL) Date 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
Item 100 01:0290
Origin: Points in the U.S.
Destination: Tildale, GA
Commodity: Liquid Commodities in single compartment MC-307 trailer
Rate: $l.75/1oaded mile
Page: AI-1 Date: 02/28/95
Dow:
Carrier: Chemical Leaman
APPENDIX I
BULK
ADDITIONAL CONTRACT PROVISIONS
1. COMMON CARRIER SERVICE NOT EXCLUDED
The normal operations of Carrier as a motor Common Carrier shall not be
affected by this Contract, nor shall Carrier be precluded from performing
transportation services for Dow as a Common Carrier in connection with
transportation services outside the scope of this Contract.
2. COMPUTATION OF MILEAGE
Distances between all points shall be based upon Rand McNally MILEMAKER
System as determined from the Household Goods Carriers' Bureau Milage Guide
No. 14 or reissues thereof.
3. CONDITION OF TANKS TENDERED FOR LOADING
Carrier will supply "clean, dry, and free of contaminating odor" tank
equipment of the type needed for the product involved. Pumps and hoses must
be free of contaminants, and hose ends (when not in use) must be protected
from contamination.
4. DETENTION
(a) Except as otherwise more specifically provided for in Appendix II of this
Contract, two for loading without charge at any Dow or Dow designated
location and two for unloading without charge at any consignee's location
will be allowed.
(b) A charge (see Standard Accessorial Chart (Hereinafter "S.A.C.")) for each
hour or fraction thereof shall be assessed for the time Carrier's equipment
is detained through no fault of the Carrier to complete the act of loading or
unloading after the expiration of the times for these acts as specified in
paragraph (a) of this Provision.
(c) Any detention charge is not to exceed the amount as stated in the S.A.C.
for any given 24 hour period.
(d) If Dow causes the detention, Dow will pay. If consignee causes the
detention, Carrier will bill the consignee. On stop-off shipments Carrier
will bill the Dow shipping location for all unloading detention on a separate
invoice.
Page: AI-2 Date: 02/28/95
Dow:
Carrier: Chemical Leaman
(e) Time for loading is to be computed from the time of arrival of Carrier's
equipment at the Dow scales to the time of departure from Dow's scales. Time
for unloading is to be computed from the time of arrival of Carrier's
equipment at any consignee's gate to the time of departure from consignee's
gate.
5. CANCELLED VEHICLES
Except as otherwise provided (see Exception), when a tractor-trailer unit is
ordered by Dow and such order is subsequently cancelled or postponed by Dow
after the vehicle has been dispatched from the Carrier's terminal, the
charges in the S.A.C. will apply. In addition, the terms of Provision No. 4
will apply, except that no time without charge shall be allowed.
Exception: When the vehicle ordered is subsequently cancelled for the shipment
of the commodity for which it was specifically ordered, but such
vehicle is used in the shipment of the same commodity to a different
destination, or is used in a shipment of a different commodity to
the same destination or a different destination, the terms of this
Provision will not apply if the vehicle, as presented, is acceptable
for loading without cleaning, and if the vehicle is of an acceptable
capacity to Dow. Furthermore, if cancellation is communicated to
Carrier more than two hours prior to scheduled departure, this
Provision does not apply.
6. DIVERSION OR RECONSIGNMENT
Shipments moving on rates named in this Contract may be diverted or
reconsigned in transit or at billed destination, subject to the following
conditions:
(a) The term "Diversion or Reconsignment" means a change in the name of
consignee and/or destination of the entire shipment, or any other
instructions given to the Carrier requiring an addition to, or change in,
billing necessary to effect delivery or involving an additional movement of
equipment.
(b) On shipments diverted or reconsigned to a place of unloading within the
corporate limits of the municipality to which the shipment was originally
consigned, the applicable rate from point of origin to destination will
apply, in addition to the charge provided in the S.A.C.
(c) On a shipment diverted or reconsigned to a place of unloading not within
the corporate limits of the municipality to which the shipment was originally
consigned, the applicable rates (see Exception) shall be determined from
mileage tables herein based on the mileage from point of origin to final
destination over the route of actual movement as per Dows' instruction
computed in accordance with Provision No. 2, and will apply in addition to
the charges provided in the S.A.C.
Page: AI-3 Date: 02/28/95
Dow:
Carrier: Chemical Leaman
Exception: When point of diversion or reconsignment is on the most direct
highway route and is intermediate to the final destination, the rate
to the final destination will apply.
(d) On such movements, freight charges will be computed on the actual loaded
movement miles.
(e) The charge, (see S.A.C.) for each diversion or reconsignment, is in
addition to all other applicable charges. This charge will be billed to
company requesting diversion or reconsignment.
(f) Time consumed in waiting for orders under this provision will be
considered part of unloading time, and detention charges will be assessed as
provided in Provision No. 4 above, if time without charge has elapsed.
(g) A request for diversion or reconsignment must be made or confirmed in
writing by the shipper. (Preferably with an amended bill of lading or
shipping notice being presented to the Carrier.)
7. HOSE
When hose is required or requested to effect either pickup or delivery, or
both, of a single shipment, then either a two, three, or four inch inside
diameter hose length(s) will be provided. All hoses will be provided without
charge.
8. REJECTED SHIPMENTS
If, for any reason not ascribable to the Carrier or its personnel, a shipment
is rejected by the consignee at destination, notification to Dow shall be
given in writing, telephone, or telegraph, requesting disposition.
The charges to be applied on such rejected, returned shipments shall be in
accordance with the S.A.C. as applied to the outbound shipment rates as
published from the original point of origin to the original point of
destination on the date of the returned shipment and shall be based on the
actual weight of the product returned. Time consumed waiting for orders under
this provision will be considered as part of unloading time, and detention
charges will be assessed in accordance with Provision No. 4.
9. SPOTTING NON-POOLED SEMI-TRAILERS FOR LINE HAUL MOVEMENTS OR STORAGE
(a) Except as otherwise provided, when, for Dow's convenience, Carrier is
requested or required to place and leave a single semi-tank trailer on the
premises of Dow, or any other practical site they may designate for the
purpose of loading or unloading for a line haul movement a charge in
accordance with the S.A.C. for each 24 hour period or fraction thereof will
apply.
(b) An allowance of one (1) hour without charge for spotting and one (1) hour
without charge for pickup will be allowed (see Provision No. 4).
Page: AI-4 Date: 02/28/95
Dow:
Carrier: Chemical Leaman
(c) When, in connection with such spotting, it becomes necessary to move
tractor(s) without semi-trailers, the charges in the S.A.C. will apply
covering the movement of such tractor(s) for the miles travelled from and the
miles travelled to return to the carriers terminal from which the tractor(s)
was (were) dispatched.
(d) When spotting is for the purpose of storage, the conditions and charges
will be negotiated on a local basis and shown in Appendix II for that site
location.
(e) Carrier agrees that Dow may move Carrier's trailers within Dow's
premises; however, Dow will be responsible for any damage incurred to
trailers during such movement.
(f) Dow will be liable for tank cleaning charge as provided in the S.A.C., if
applicable, when trailer is released from spotting.
10. SUNDAY AND HOLIDAY SHIPMENTS
If Carrier is required by Dow to load, pick-up, unload, or actually deliver
on a Sunday or Holiday, the charge in the SAC will apply on a per unit basis.
The intent is to compensate Carrier for "call-out" of local drivers to
perform this work. The charge does not apply if the shipment is enroute over
a Sunday or Holiday, but is loaded or unloaded (picked up or delivered) on
any other day.
The term "holiday" is hereby defined to include the following days or the day
on which they are celebrated:
New Year's Day Canada Day Thanksgiving Day
Good Friday St. Jean Baptiste (PQ only) Christmas Day
Victoria Day Civic Holiday (ON only) Labour Day
Carrier reserves the right to perform service on Sundays and Holidays (not
requested, but consented to, by shipper upon Carrier's request) for operating
reasons, in which case extra charges herein do not apply.
11. STOP-OFF IN TRANSIT TO COMPLETE LOADING AND/OR FOR PARTIAL DELIVERY
(a) Except as otherwise provided, shipments may be stopped in transit to
complete loading and/or partial delivery.
(b) A shipment loaded at two or more places within the corporate limits of a
single point of origin and/or delivered to two or more places within the
corporate limits of a single destination, shall be considered as being
stopped in transit to complete loading and/or partial delivery under the
conditions of this provision.
(c) A shipment stopped in transit for partial delivery may be delivered to
two or more consignees within the corporate limits of a single destination
or may be delivered to two or more consignees at two or more destinations.
Page: AI-5 Date: 02/28/95
Dow:
Carrier: Chemical Leaman
(d) To determine the mileage on shipments loaded at two or more places
within the corporate limits of a single point of origin and/or delivered to
two or more places within the corporate limits of a single destination,
except as otherwise provided, see paragraph (f) of this provision.
(e) To determine the mileage on shipments loaded at two or more places which
are not all within the corporate limits of a single point and/or delivered
to two or more places which are not all within the corporate limits of a
single destination, except as otherwise provided, see paragraph (f) of this
Provision.
(f) To determine the applicable mileages for shipments made in paragraphs
(d) and (e) of this provision, the Rand McNally MILEMAKER will apply and
shall start at the point of loading and include the miles travelled by the
vehicle via all stop-in-transit points to final destination or to the point
at which the vehicle discharges the last portion of its cargo. Mileages so
computed shall be used to determine the applicable rate for the entire
shipment and shall apply on the number of gallons or pounds of commodity
loaded at origin, subject to the minimums provided herein.
(g) In addition to all other lawful charges, an additional stop-off charge,
as stated on the S.A.C., will apply. Such charge shall not be assessed at
the origin or final destination.
(h) Aggregate total loading or unloading times will be charged for in
accordance with Provision No. 4.
12. WEIGHING VEHICLES
Unless otherwise provided, freight charges shall, at Dow's option, be based
on one of the following methods of weight determination:
(a) The description of the commodity and the weight of the shipment shall be
shown by Dow on the shipping order or bill of lading.
(b) Dow shall show on shipping order or bill of lading the specific gravity
at temperature loaded.
(c) Dow shall show on shipping order or bill of lading the weight per gallon
at temperature loaded.
(d) The party which requests independent weighing of a shipment should pay
weighing charge and all ensuing charges related to time and distance.
Page: AI-6 Date: 02/28/95
Dow:
Carrier: Chemical Leaman
Time consumed in weighing vehicle, before or after loading, or both, at the
point of shipment, shall be considered as part of time for loading and
subject to charges set forth in Provision No. 4.
Time consumed in weighing vehicle, before or after unloading, or both, at
the point of destination, shall be considered as time for unloading and
subject to charges and other provisions as set forth in Provision No. 4.
Carrier shall provide Dow and/or consignee with a calibration chart for the
trailer utilized.
13. ACCESSORIAL AND EMERGENCY SERVICES
Accessorial and emergency service will be provided, if practicable, and such
service charges shall be in accordance with the S.A.C.
On Sundays and Holidays, time shall begin when Carrier's equipment leaves
Carrier's terminal and continue until equipment is returned to the Carrier's
terminal from which dispatched. Weekdays time will be computed Dow gate to
gate. Any delay directly attributable to the Carrier will be subtracted from
the total time. Time of equipment departure and arrival at the terminal will
be indicated on the bill of lading or freight bill for each shipment.
13A. ASSISTANCE FROM OR EVACUATION OF POWER VEHICLE BY SECOND DRIVER
- LOADING/UNLOADING
When a two-person sleeper team is required to handle a shipment and Dow or
the consignee requires the second person to assist in loading and/or
unloading or to evacuate the power vehicle a charge (see the S.A.C.) will
apply. Time to be computed from the time the Carrier's equipment arrives
at the loading or unloading gate until the time the Carrier's equipment
departs from the loading or unloading gate.
Charges set forth in the S.A.C. will be in addition to all other applicable
charges and shall be paid by the party requesting this service.
14. TANK CLEANING AND HEEL DISPOSAL
When Carrier is requested to furnish a trailer for the transporation of
products, which, because of its inherent nature requires cleaning and waste
disposal before the trailer can be returned to service, the charges set
forth in the S.A.C. will apply on the initial loading. These charges are in
addition to all other lawful charges assessed against the shipment.
Charges shall not be made on subsequent loading of the same trailer so long
as said trailer remains continuously in the exclusive use of the same
consignor, unless such consignor requests that the trailer be cleaned after
delivery of any of these loadings, in which case the applicable additional
charges shall be applied on the next loading of these products following
such requested cleaning.
Page: AI-7 Date: 02/28/95
Dow:
Carrier: Chemical Leaman
When two or more products are shipped at one time in a compartmented
trailer, the applicable cleaning charge will be the highest applicable
charge on any product in the trailer.
15. SPECIAL EQUIPMENT AND SERVICE
When special equipment as listed below is required or requested by the
consignor or consignee prior to movement of the shipment, such equipment, if
available, will be furnished by Carrier subject to charges in the S.A.C. Air
Blowers, Air Compressors, Air Dryers, Nozzles, and Pumps will be provided,
as requested, without charge.
(a) Heating-in-transit Service: Except as otherwise provided, Carrier will,
upon request of consignor or consignee, furnish, if available, a trailer
and/or tractor equipped with a controlled heating-in-transit system subject
to the charges in the S.A.C.
(b) Heating Service: When, upon request, of consignor or consignee, a
shipment is stopped in transit for the purpose of heating the lading by
steam or any other means, the charges in the S.A.C. will apply.
Carrier will apply heat for the length of time prescribed by the consignor
or consignee. Heating time will be deemed to start at the time heat is
applied to the lading and shall end when the heat is removed.
It shall be the responsibility of the consignor or consignee to make
arrangements for the use of steam and other heating facilities at its own
expense, although Carrier will, if requested, attempt to locate such
facilities and make arrangements for their use provided, however, that the
consignor or consignee shall agree to be responsible for any expense
incurred for the use of such facilities.
Time consumed by heating at consignor's site of pick up and/or consignee's
site of delivery shall be considered as loading and/or unloading time and
shall be charged for as provided in Provision No. 4.
All charges set forth in this provision shall be in addition to all other
lawful charges assessed against the shipment.
16. OVERNIGHT AND WEEKEND LAYOVER
OVERNIGHT
(a) When Carrier's vehicle arrives at point of loading, unloading, stop-off
and/or final destination between 8:00 a.m. and 5:00 p.m. on a day between
Monday and Friday, inclusive or on Saturday or Sunday if so requested by Dow
or consignee, and Dow or consignee cannot complete loading and/or unloading
on the date of arrival, the time the vehicle is detained between 8:00 a.m.
Page: AI-8 Date: 02/28/95
Dow:
Carrier: Chemical Leaman
and 5:00 p.m., or the time the driver is released if later than 5:00 p.m.,
will be charged for according to the terms of Provision No. 4. If the
vehicle (tractor and/or trailer) is detained until 8:00 a.m. the following
morning at such point, or in the vicinity thereof, and the driver is not
required to remain on duty, the terms or Provision No. 4 will not apply from
5:00 p.m. until 8:00 a.m. the following morning and in lieu therof, the
charges in the S.A.C. for Single Driver or Sleeper Team for each overnight
layover will apply.
If the vehicle (tractor and/or trailer) is further detained, charges
outlined above or in paragraph (b) below, as applicable, will be the same as
if the vehicle had just arrived, except that no time without charge as
provided for in the terms of Provision No. 4 will apply.
WEEKEND LAYOVERS
(b) When Carrier's Vehicle arrives at point of loading, unloading, stop-off
and/or final destination between 8:00 a.m. and 5:00 p.m. on a Friday, and
Dow or consignee cannot complete loading and/or unloading on the day of
arrival, the time the vehicle is detained between 8:00 a.m. and 5:00 p.m.,
or the time the driver is released if later than 5:00 p.m., will be charged
according to the terms of Provision No. 4 If the vehicle (tractor and/or
trailer) is detained over the weekend until 8:00 a.m. Monday at such point,
or in the vicinity thereof, and the driver is not required to remain on
duty, the terms of Provision No. 4 will not apply from 5:00 p.m. on Friday,
or the time the driver was released if later than 5:00 p.m. until 8:00 a.m.
Monday morning and, in lieu thereof, the charges in the S.A.C. for Single
Driver or Sleeper Team for such weekend layover will apply.
If the vehicle (tractor and/or trailer) is further detained, charges
outlined in paragraph (a) will apply the same as if the vehicle had just
arrived, except that time without charge as provided for in Provision No. 4
will apply.
When Carrier's vehicle arrives at point of loading, unloading, stop-off
and/or final destination at a time other than between 8:00 a.m. and 5:00
p.m. and, when due to compliance with Dow and/or consignee instructions, a
layover is required to complete loading and/or unloading, charges for
detention time after 5:00 p.m. as provided in paragraph (a) and (b) above,
whichever applies will be applicable.
17. SERVICE PERFORMANCE
The Dow - Carrier Quality Team will review and assess the performance of the
Carrier. Joint recommendations will be made to the Carrier to enhance the
level of service provided to Dow. The joint Quality Team will meet a minimum
of four (4) times per year, unless it is mutually agreed to increase or
decrease the number of meetings required. The Carrier will be managing
service levels with Dow using the Carrier Self-reporting mechanism set up by
Dow.
Page: AI-9 Date: 02/28/95
Dow:
Carrier: Chemical Leaman
18. CLEANING AND WASTE DISPOSAL
Carrier warrants that he will perform all duties of a "generator" as
identified by the EPA in 40 CRF 260.10 and that any cleaning facilities used
will meet all Resource Conservation and Recovery Act requirements.
19. DRUMMING FROM TANK TRAILERS
Carrier will not off-load hazardous materials (as defined by DOT) from
trailers into drums. If consignee should request Carrier to do this, Carrier
shall refuse and notify Dow of same. Products designated as combustible are
exempt from this policy.
20. CURRENCY
Freight rates and/or charges applicable under the terms or Provisions of
this Contract shall be states and payable in both U.S. and Canadian funds
only, as defined in Appendix 2.
21. ALTERNATION OF RATES
In Appendix II, where there is a conflict between tabular rates (mileage
based) and point-to-point commodity rates, the rate that produces the lowest
line haul transportation charge will apply.
When shipments to, from, and between the United States and Canada are
tendered and when there is a Dow Canada and a Dow U.S.A. contract, then the
lowest contract freight rate in either contract will apply on either a
prepaid or collect basis and the payment will be in U.S. fund only.
22. ARBITRATION
If any disputes or differences in interpretation arise other than provided
under Provisions 1 through 21 above, such disputes will be resolved by
negotiations between the two parties or by a mutually agreed upon
arbitrator.
Page: SAC-1 Date: 03/14/97
Dow:
Carrier: Chemical Leaman
DOW CHEMICAL CANADA
UNIFORM BULK MOTOR CARRIER CONTRACT
STANDARD ACCESSORIAL CHART
PROVISION (NO.) CHARGE
DETENTION (4) Zero free time is allowed unless otherwise
specified. Detention @ $8.00 per 1/4 hour
increment or fraction thereof (billed in
monthly statements)
CANCELLED VEHICLE (5) $190 cad $140 usd
DIVERSION/RECONSIGNMENT (6) $50 cad $35 usd
REJECTED SHIPMENTS (8) $2.20 cad/loaded mile $1.65 usd/loaded mile
SPOTTING FOR LINE HAUL $150 cad flat $140 usd flat
MOVEMENTS (9) $1.95 cad/mile $1.46 usd/mile
$70 cad minimum $55 usd minimum
SPOTTING FOR STORAGE (9) DETERMINED BY LOCAL CONTRACT
TERMS AND CHARGES AS LISTED IN
APPENDIX II
SUNDAY AND HOLIDAYS (10) $230 cad $230 usd
STOP-OFF INTRANSIT (11) $60 cad $45 usd
o Denotes Change
Page: SAC-2 Date: 03/14/97
Dow:
Carrier: Chemical Leaman
DOW CHEMICAL CANADA
UNIFORM BULK MOTOR CARRIER CONTRACT
STANDARD ACCESSORIAL CHART
PROVISION (NO.) CHARGE
- --------------- ------
ACCESSORIAL AND EMERGENCY $60 cad/hour $45 usd/hour
SERVICE (13) SUNDAY AND HOLIDAYS; 8 HOURS MINIMUM
OTHER DAYS; 4 HOURS MINIMUM
ASSISTANCE FROM OR EVACU- $7 cad or $5 usd FOR EACH 15 MINUTE PERIOD
ATION OF POWER VEHICLE WILL BE ASSESSED IF SECOND DRIVER IS
BY SECOND DRIVER: REQUIRED TO ASSIST IN LOADING/
LOADING/UNLOADING (13A) UNLOADING OR EVACUATE FROM HIS UNIT
TANK CLEANING AND Caustic Soda $175 cad $125 usd
HEEL DISPOSAL (14) Latex $185 cad
Other $150 cad
Glycol $180 cad
Dry Bulk Conversion $250 cad
Wash
SPECIAL EQUIPMENT A. tractor: $60 cad $45 usd
AND SERVICE (15) tractor and trailer: $110 cad $85 usd
B. heating: $60 cad/hr $45 usd/hr
$15 cad/1/4hr $11.25 usd/1/4 hr
OVERNIGHT AND $210 cad SINGLE DRIVER -OVERNIGHT
WEEKEND LAYOVERS (16) $290 cad SLEEPER TEAM -OVERNIGHT
$630 cad SINGLE DRIVER -WEEKEND
$1,760 cad SLEEPER TEAM -WEEKEND
$200 usd SINGLE DRIVER -OVERNIGHT
$275 usd SLEEPER TEAM -OVERNIGHT
$600 usd SINGLE DRIVER -WEEKEND
$1,760 usd SLEEPER TEAM -WEEKEND
o Denotes Change
Page: SAC-3 Date: 03/14/97
Dow:
Carrier: Chemical Leaman
DOW CHEMICAL CANADA
UNIFORM BULK MOTOR CARRIER CONTRACT
STANDARD ACCESSORIAL CHART
PROVISION (NO.) CHARGE
- --------------- ------
o SCHEDULE OF MINIMUM These minimum charges apply to all linehaul rates
CHARGES(minimum charge contained in this Agreement.
is based on the Rand McNally
Milemaker miles from origin to One-Way Billed Minimum
destination for each shipment). Miles/Shipment Charge/Shipment
-------------- ---------------
0 - 10 $210
11 - 25 250
26 - 50 290
51 - 75 300
76 - 100 375
101 - 125 433
126 - 150 480
151 - 175 515
176 - 200 575
201 - 225 585
o Denotes Change
Page: II-1(MIS) Date: 03/14/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Accessorial Charges: Rules not specified in Dow S.A.C. provision shall default
to CLEA 100 Accessorials.
ALL RATES NOT BROUGHT FORWARD ARE HEREBY CANCELED
Item 100
- --------
Origin: Brampton, ON, Cornwall, ON, Corunna, ON, Hamilton, ON, Sarnia, ON,
Thunder Bay, ON, Montreal, PQ, Trois Rivieres, PQ, and Varennes, PQ
Commodity: Liquid Commodities in MC-307, non-dedicated, reloadable trailers
Destination Rate/Mile + Flat/Charge
----------- --------- -----------
02:0200 LA, TX $ 1.50 + -$128
02:0201 Houston, TX (within 100 miles) 1.50 -128
02:0202 Dallas, TX (within 100 miles) 1.78 + -128
02:0203 AL, AR, CT, DE, FL, GA, IL, KY, 2.15 + -128
KS, MD, MA, MS, NC, NJ, NY, OH,
PA, RI, SC, TN, VA, WV
02:0204 AZ, IA, ME, NM, OK 2.52 + -128
02:0205 CA 2.22 + -128
02:0206 IN, MN 2.76 + -128
02:0207 CO, WY 3.06 + -128
02:0208 ID, MT, NE, OR, VT, WA 3.02 + -128
02:0209 NV 2.63 + -128
02:0210 NH, WI, MO 2.32 + -128
02:0211 ND 3.00 + -128
02:0212 VT 2.23 + -128
Item 200
- --------
Origin: Brampton, ON, Cornwall, ON, Corunna, ON, Hamilton, ON, Sarnia, ON,
Thunder Bay, ON, Montreal, PQ, Trois Rivieres, PQ, and Varennes, PQ
Commodity: Liquid or Dry commodities in dedicated trailers
Destination: Points in the U.S.
Miles Flat Charge Rate/Mile
----- ----------- ---------
02:0220 0-130 (Multiple loads only) $ -34 $ 2.68
02:0223 0-149 -18 3.15
150 & Over -13 3.05
o Denotes Change
Page: II-2(MIS) Date: 03/14/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Accessorial Charges: Rules not specified in Dow S.A.C. provision shall default
to CLEA 100 Accessorials.
Item 300 02:0224
- --------
Origin: Points in Canada
Commodity: Liquid Commodities in ISO containers
Destination: Points in the U.S.
o Spotting $24 usd per day per container
Charge: $15 usd per day per chassis
Rates applicable 7 days per week.
o Denotes Change
Page: II-1(SAR) Date: 03/14/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Accessorial Charges: Rules not specified in Dow S.A.C. provision shall default
to CLEA 100 Accessorials.
ALL RATES NOT BROUGHT FORWARD ARE HEREBY CANCELED
Item 100
- --------
Origin: Sarnia, ON
Commodity: Liquid Latex in MC-307, dedicated, single compartment trailers
Destination Flat Charge Rate/Mile
----------- ----------- ---------
02:2201 Hannibal, MO $ -128 $ 2.75
02:2202 St. Louis, MO -128 2.75
Item 200 02:2203
- --------
Origin: Sarnia, ON
Destination: Channahon, IL
Commodity: Liquid Styrene Monomer in single compartment trailers
Rate: $1,134/shipment
Page: II-1(VAR) Date: 03/14/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Accessorial Charges: Rules not specified in Dow S.A.C. provision shall default
to CLEA 100 Accessorials.
ALL RATES NOT BROUGHT FORWARD ARE HEREBY CANCELED
Item 100 04:0400
- --------
Origin: Varennes, PQ
Commodity: Liquid Latex in single compartment trailers
Destination: Potsdam, NY
Rate: $568/shipment
Detention Free Time: 1 hour for loading; 2 hours for unloading
is included in rate
Item 200 04:0402
- --------
Origin: Varennes, PQ
Commodity: Liquid Latex in MC-307, non-dedicated, single compartment
tandem trailers
Destination: Madawaska, ME
Rate: $2.75 usd per loaded mile
Detention Free Time: 1 hour for loading; 2 hours for unloading
is included in rate
Item 300 04:0401
- --------
Origin: Varennes, PQ
Commodity: Liquid Latex in dedicated, single compartment tri-axle trailers
Destination: Madawaska, ME
Rate: $3.30 usd per loaded mile
Detention Free Time: 1 hour for loading; 2 hours for unloading
is included in rate
FOR INTERNAL DISTRIBUTION
Dow Chemical Canada contract #4630-0201 hereby cancels contract #4800-0400 &
#4630-0200, any rates not brought forward are canceled.
Page: 1 Date: 09/22/95
Dow:
Carrier: Chemical Leaman
UNIFORM BULK MOTOR CARRIER CONTRACT
This is a Contract to provide for international, interprovincial and
intraprovincial, where applicable, motor carrier transportation of various
cargoes between or among various geographic points, dated the 28th day of
February 1995, by and between Chemical Leaman Tank Lines, Incorporated
(hereinafter "Carrier") and Dow Chemical Canada Incorporated (hereinafter
"Dow").
Dow is a diversified manufacturer of basic chemicals, plastics, specialty
products and services and has a need for transportation service in the
furtherance of its business. Carrier is a motor carrier desirous of providing
transportation service to Dow.
Therefore, in consideration of the premises, covenants and agreements contained
herein, the parties agree as follows:
1. Pursuant to this non-exclusive transportation Contract Dow agrees to tender
not less than twelve (12) shipments per year to Carrier for transportation
and delivery as directed by Dow's Shipping Order/Bill of Lading which will
accompany each tender, provided that if Carrier is unable to accomplish such
transportation in whole or in part, Dow may make such shipments via other
arrangements.
2. Carrier shall receive from Dow such quantities of goods as may be tendered
for transportation from time to time, and Carrier shall make all reasonable
effort to have the required equipment available, with trailer exteriors and
interiors clean and presentable as befits a Dow quality load. Carrier will
provide, as requested, a general list of all Carrier controlled or
commercial cleaning locations where trailers have been cleaned after
transporting Dow produced or purchased products.
3. Carrier shall transport and carry the goods without delay caused by anything
in Carrier's control. Any and all occurrences which would be probable or
certain cause for delay of delivery shall be immediately communicated to Dow
by Carrier. In addition, Carrier will furnish when its capabilities are
developed, via electronic data interchange, periodic transmissions of data
elements of each Dow shipment and receipt in format specified by the United
States Electronic Data Interchange Standards published by the Transportation
Data Coordinating Committee, as well as similar data elements for automated
payment of freight bills.
4. Dow agrees to pay Carrier, as compensation for such transportation, the
rates and charges shown in Appendices I and II to this Contract. All changes
must be
Page: 2 Date: 09/22/95
Dow:
Carrier: Chemical Leaman
approved in writing by both parties. All rates will apply to both prepaid
and collect shipments. In the event that the consignee also has a contract
rate in effect with the Carrier and the shipment is tendered on a "freight
collect" basis, the consignee's contract rate will apply in lieu of rates
included in this Contract. If, on collect shipments, consignee fails to pay
Carrier's freight bills after Carrier has made a conscientious effort to
collect, Dow will pay such freight bills, provided Carrier furnishes proof
of efforts to collect from consignee.
5. Carrier personnel (including driving personnel, whether employees of Carrier
or of Carrier's agents known as "fleet operators" or "leased operators")
will comply with all plant rules and regulations while on Dow's or
consignee's plant premises. Carrier shall inform all of its employees and
personnel who may come onto such premises of this requirement. Any Carrier
employee or person who does not comply with all plant rules and regulations
may be summarily rejected and directed to immediately leave the premises at
the exclusive risk and expense of the Carrier. Carrier agrees to utilize
adequate motor truck equipment and qualified personnel for performance of
its obligations under this Contract, an to operate its business at all times
in compliance with all applicable federal, state, and local laws, rules, and
regulations. Worker's Compensation Insurance for Carrier's drivers or
operators, if required, shall be obtained and maintained at the exclusive
cost and risk of Carrier.
6. Carrier shall comply with the financial responsibility requirements of the
appropriate federal and provincial regulatory agency through which the
Carrier operates.
Carrier shall procure and maintain, at the expense of the Carrier, liability
insurance with a reputable and financially responsible insurance carrier
properly insuring Carrier against liabilities and claims (a) for injuries to
persons (including injuries resulting in death) and damage to property, in
an amount, in the case of each casualty, of not less than $5,000,000 cad;
and (b) for loss of or damage to freight, in an amount not less than
$250,000 cad with respect to each shipment. Carrier shall have his insurance
carrier(s) furnish directly to Dow or its contractor certificates that such
coverage is in effect, and will instruct carrier to directly notify Dow or
its contractor if coverage is cancelled or changed.
7. Carrier shall indemnify, defend, and hold Dow, its employees and agents
harmless from claims, demands and causes of action asserted against Dow, its
employees or agents, by any other person (including without limitation
Carrier's and Dow's employees) for personal injury or death or for loss of
or damage to property and resulting from the willful or negligent acts or
omissions of Carrier. Dow shall indemnify, defend, and hold Carrier, its
employees, agents, and subcontractors harmless from claims, demands, and
causes of action asserted against Carrier, its employees, agents, or
subcontractors by any other person (including without limitation Dow's and
Carrier's employees) for personal injury or death or for loss of or damage
to property and resulting from the willful or negligent acts or omissions of
Dow. Where personal injury, death, or loss of or damage to property is the
result of the joint negligence or misconduct of Dow and Carrier, the parties
expressly agree to indemnify each other in proportion to its share of such
joint negligence or misconduct.
Page: 3 Date: 09/22/95
Dow:
Carrier: Chemical Leaman
8. Carrier assumes complete responsibility and liability regardless of the
fault of any person for all loss of, or damage to, goods transported
hereunder, except where caused in whole or in part by Dow's negligence or
acts of God in which Carrier had no contributory negligence. In those cases
Dow will assume responsibility and liability for only that portion of the
loss or damage caused by Dow's negligence and Carrier shall be liable for
the remainder. Carrier's responsibility for damage or loss to goods
transported shall commence from the time of acceptance at the shipping point
until delivery at the proper destination in accordance with Dow's written
instructions.
In the event of loss or damage during transit, except as limited in this
paragraph above, Carrier shall pay Dow the full value of the lost or damaged
goods plus any and all additional transportation costs. Value of the lost or
damaged goods shall be determined by type of sale in the following manner:
Trade Sale: Dow will provide Carrier with invoice documentation.
Non-Trade Sale: Value will be determined as reported weekly in the Chemical
Marketing Reporter or Dow's Price Book if the product(s) is not covered
specifically in the Chemical Marketing Reporter.
When used in this Contract, "shipping point" means the place where the goods
or cargo are tendered by Dow to the custody of Carrier or Carrier's agent
for transportation.
For all shipments rated under this agreement, no claims for overcharges or
undercharges will be made by either party after one (1) year from date of
shipment.
9. Any assignment of any benefit or obligation of this Contract, in whole or in
part, by either party, without the prior express written consent of the
other party, shall be void and of no effect.
10. This Contract shall become effective upon the date of the permit (if one is
issued) by the appropriate federal or provincial agency, or the last date in
the signatory provision below, whichever is later, and shall continue for
one (1) year and thereafter from year to year unless:
(a) cancelled by either party at any time upon thirty (30) days' written
notice to the other party at the address stated below; or
(b) Carrier's loss or revocation of authority (for any reason) by any
federal or provincial regulatory body having jurisdiction over Carrier's
operation, and/or cancellation of Carrier's insurance policy, in which case
this Contract can be terminated immediately; or
(c) Cancelled by either party upon material breach by the other party of any
obligation contained herein.
Carrier should give Dow immediate notice of the occurrence of any event
covered by subsection (b). The obligation contained in paragraphs 7, 8 and
15 shall survive termination of this Agreement.
Page: 4 Date: 09/22/95
Dow:
Carrier: Chemical Leaman
11. Any notices or correspondence in reference to this Contract should be sent
via Canada Post, postage prepaid:
to Carrier at: Chemical Leaman Tank Lines, Incorporated
P.O. Box 734
34 Vinemont Drive
Fonthill, Ontario, Canada
L0S 1E0
Attn: Mr. Wolfgang Liebscher
to Dow at: Dow Chemical Canada Incorporated
Transportation & Logistics Services Purchasing
1425 Vidal Street South, P.O. Box 3030
Sarnia, Ontario, Canada
N7T 7M1
Attn: Sharon Harding, Motor Carrier Supply Manager
Phone: 519-339-3453
Fax: 519-339-5112
12. Carrier shall be an independent contractor under this Contract and shall
assume all of the rights, obligations and liabilities applicable to it as
such. Neither Carrier nor any of its employees or agents shall be considered
an employee of Dow, nor shall any partnership, co-venture or joint-employer
relationship be created by virtue of this Contract or of its performance. No
prior course of dealing or performance between Carrier and Dow shall modify
Carrier's status under this Contract as an independent contractor.
13. Dow agrees to pay all uncontested charges within thirty (30) days after
receipt of the freight invoice through Dow's payment department or payment
agent.
14. This Contract is governed by the laws of the Province of Ontario for general
contract matters.
15. Carrier agrees to keep secret all Dow technical and business information
which it has received or may receive and not to reveal or to divulge such
information to third parties or to use, or to publish it in any manner
whatsoever without obtaining Dow's prior written approval; provided,
however, that Carrier shall not be bound to keep secret any such information
which (a) was known to Carrier prior to the date of the Contract from
sources other than Dow, or (b) which is or becomes available to the public
without fault on Carrier's part, or (c) which is disclosed to Carrier by a
party not related, directly or indirectly, to Dow, who has rightful claim to
such information. Carrier shall only use Dow technical and business
information to provide the services required under this Contract.
16. This Contract states the entire agreement between the parties and there are
no other agreements or understandings whatsoever, expressed or implied.
Page: 5 Date: 09/22/95
Dow:
Carrier: Chemical Leaman
Amendments or modifications to this Contract must be made in writing,
identified as an amendment or modification and signed by both Dow and
Carrier. Any term or provision in any prior or subsequent writing to the
date of this Contract which is in conflict with any term or provision of
this Contract is objected to and rejected.
17. Should any provision of this Contract be determined by competent public
authority or court to be invalid or unenforceable, then such invalid or
unenforceable provision shall be severed from this Contract without effect
on the validity of the remaining provisions.
18. If Carrier accepts instructions from a non-Dow party or consignee, all
resultant, legitimate charges will be billed by Carrier to the party causing
the charge to occur.
19. In cases whereby Carrier is in a single source position, a policy that does
not allow Carrier to turn down requests for transportation of goods is in
effect. Carrier will have to make arrangements with other Dow approved
carriers for the transportation of all goods from the location where Carrier
is the only designated carrier.
The services provided by carrier hereunder are designed to meet the distinct
needs of Dow.
In Witness Whereof, the parties have executed this Contract on the date shown
below.
Chemical Leaman Tank Lines, Incorporated Dow Chemical Canada Incorporated
/s/ __[Illegible]______________________ /s/ Sharon Harding
NAME: _________________________________ NAME: Sharon Harding
TITLE: ________________________________ TITLE: Motor Carrier Supply Manager
DATE: _____10/05/95____________________ DATE: September 22, 1995
Page: AI-1 Date 02/28/95
Dow:
Carrier: Chemical Leaman
Customer Dow Canada
Contract # 4800
Addendum I. D. 00BP
P/C/O P/C
Eff. Date 02-28-95
Ins S/C Backout Yes___ No___
APPENDIX I
----------
BULK
----
ADDITIONAL CONTRACT PROVISIONS
1. COMMON CARRIER SERVICE NOT EXCLUDED
The normal operations of Carrier as a motor Common Carrier shall not be
affected by this Contract, nor shall Carrier be precluded from performing
transportation services for Dow as a Common Carrier in connection with
transportation services outside the scope of this Contract.
2. COMPUTATION OF MILEAGE
Distances between all points shall be based upon Rand McNally MILEMAKER
System as determined from the Household Goods Carriers' Bureau Mileage Guide
No. 14 or reissues thereof.
3. CONDITION OF TANKS TENDERED FOR LOADING
Carrier will supply "clean, dry, and free of contaminating odor" tank
equipment of the type needed for the product involved. Pumps and hoses must
be free of contaminants, and hose ends (when not in use) must be protected
from contamination.
4. DETENTION
(a) Except as otherwise more specifically provided for in Appendix II of
this Contract, two hours for loading without charge at any Dow or Dow
designated location and two hours for unloading without charge at any
consignee's location will be allowed.
(b) A charge (see Standard Accessorial Chart (hereinafter "S.A.C.")) for
each hour or fraction thereof shall be assessed for the time Carrier's
equipment is detained through no fault of the Carrier to complete the
act of loading or unloading after the expiration of the times for these
acts as specified in paragraph (a) of this Provision.
(c) Any detention charge is not to exceed the amount as stated in the S.A.C.
for any given 24 hour period.
(d) If Dow causes the detention, Dow will pay. If consignee causes the
detention, Carrier will bill the consignee. On stop-off shipments
Carrier will bill the Dow shipping location for all unloading detention
on a separate involce.
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Dow:
Carrier: Chemical Leaman
(e) Time for loading is to be computed from the time of arrival of Carrier's
equipment at the Dow scales to the time of departure from Dow's scales.
Time for unloading is to be computed from the time of arrival of
Carrier's equipment at any consignee's gate to the time of departure
from consignee's gate.
5. CANCELLED VEHICLES
Except as otherwise provided (see Exception), when a tractor-trailer unit is
ordered by Dow and such order is subsequently cancelled or postponed by Dow
after the vehicle has been dispatched from the Carrier's terminal, the
charges in the S.A.C. will apply. In addition, the terms of Provision No. 4
will apply, except that no time without charge shall be allowed.
Exception: When the vehicle ordered is subsequently cancelled for the
shipment of the commodity for which it was specifically ordered,
but such vehicle is used in the shipment of the same commodity to
a different destination, or is used in a shipment of a different
commodity to the same destination or a different destination, the
terms of this Provision will not apply if the vehicle, as
presented, is acceptable for loading without cleaning, and if the
vehicle is of an acceptable capacity to Dow. Furthermore, if
cancellation is communicated to Carricr more than two hours prior
to scheduled departure, this Provision does not apply.
6. DIVERSION OR RECONSIGNMENT
Shipments moving on rates named in this Contract may be diverted or
reconsigned in transit or at billed destination, subject to the following
conditions:
(a) The term "Diversion or Reconsignment" means a change in the name of
consignee and/or destination of the entire shipment, or any other
instructions given to the Carrier requiring an addition to, or change
in, billing necessary to effect delivery or involving an additional
movement of equipment.
(b) On shipments diverted or reconsigned to a place of unloading within the
corporate limits of the municipality to which the shipment was
originally consigned, the applicable rate from point of origin to
destination will apply, in addition to the charge provided in the S.A.C.
(c) On a shipment diverted or reconsigned to a place of unloading not within
the corporate limits of the municipality to which the shipment was
originally consigned, the applicable rates (see Exception) shall be
determined from mileage tables herein based on the mileage from point of
origin to final destination over the route of actual movement as per
Dows' instruction computed in accordance with Provision No. 2, and will
apply in addition to the charges provided in the S.A.C.
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Carrier: Chemical Leaman
Exception: When point of diversion or reconsignment is on the most
direct highway route and is intermediate to the final
destination, the rate to the final destination will apply.
(d) On such movements, freight charges will be computed on the actual loaded
movement miles.
(e) The charge, (see S.A.C.) for each diversion or reconsignment. is in
addition to all other applicable charges. This charge will be billed to
company requesting diversion or reconsignment.
(f) Time consumed in waiting for orders under this provision will be
considered part of unloading time, and detention charges will be
assessed as provided in Provision No. 4 above, if time without charge
has elapsed.
(g) A request for diversion or reconsignment must be made or confirmed in
writing by the shipper. (Preferably with an amended bill of lading or
shipping notice being presented to the Carrier.)
7. HOSE
When hose is required or requested to effect either pickup or delivery, or
both, of a single shipment, then either a two, three, or four inch inside
diameter hose length(s) will be provided. All hoses will be provided without
charge.
8. REJECTED SHIPMENTS
If, for any reason not ascribable to the Carrier or its personnel, a
shipment is rejected by the consignee at destination, notification to Dow
shall be given in writing, telephone, or telegraph, requesting disposition.
The charges to be applied on such rejected, returned shipments shall be in
accordance with the S.A.C. as applied to the outbound shipment rates as
published from the original point of origin to the original point of
destination on the date of the returned shipment and shall be based on the
actual weight of the product returned. Time consumed waiting for orders
under this provision will be considered as part of unloading time, and
detention charges will be assessed in accordance with Provision No. 4.
9 SPOTTING NON-POOLED SEMI-TRAILERS FOR LINE HAUL MOVEMENTS OR STORAGE
(a) Except as otherwise provided, when, for Dow's convenience, Carrier is
requested or required to place and leave a single semi-tank trailer on
the premises of Dow, or any other practical site they may designate for
the purpose of loading or unloading for a line haul movement a charge in
accordance with the S.A.C. for each 24 hour period or fraction thereof
will apply.
(b) An allowance of one (1) hour without charge for spotting and one (1)
hour without charge for pickup will be allowed (see Provision No. 4).
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Carrier: Chemical Leaman
(c) When, in connection with such spotting, it becomes necessary to move
tractor(s) without semi-trailers, the charges in the S.A.C. will apply
covering the movement of such tractor(s) for the miles travelled from
and the miles travelled to return to the Carrier's terminal from which
the tractor(s) was(were) dispatched.
(d) When spotting is for the purpose of storage, the conditions and charges
will be negotiated on a local basis and shown in Appendix II for that
site location.
(e) Carrier agrees that Dow may move Carrier's trailers within Dow's
premises; however, Dow will be responsible for any damage incurred to
trailers during such movement.
(f) Dow will be liable for tank cleaning charge as provided in the S.A.C.,
if applicable, when trailer is released from spotting.
10. SUNDAY AND HOLIDAY SHIPMENTS
If Carrier is required by Dow to load, pick-up, unload, or actually deliver
on a Sunday or Holiday, the charge in the SAC will apply on a per unit
basis.
The intent is to compensate Carrier for "call-out" of local drivers to
perform this work. The charge does not apply if the shipment is enroute over
a Sunday or Holiday, but is loaded or unloaded (picked up or delivered) on
any other day.
The term "holiday" is hereby defined to include the following days or the
day on which they are celebrated:
New Year's Day Canada Day Thanksgiving Day
Good Friday St. Jean Baptiste (PQ only) Christmas Day
Victoria Day Civic Holiday (ON only) Labour Day
Carrier reserves the right to perform service on Sundays and Holidays (not
requested, but consented to, by shipper upon Carrier's request) for
operating reasons, in which case extra charges herein do not apply.
11. STOP-OFF IN TRANSIT TO COMPLETE LOADING AND/OR FOR PARTIAL DELIVERY
(a) Except as otherwise provided, shipments may be stopped in transit to
complete loading and/or partial delivery.
(b) A shipment loaded at two or more places within the corporate limits of a
single point of origin and/or delivered to two or more places within the
corporate limits of a single destination, shall be considered as being
stopped in transit to complete loading and/or partial delivery under the
conditions of this provision.
(c) A shipment stopped in transit for partial delivery may be delivered to
two or more consignees within the corporate limits of a single
destination or may be delivered to two or more consignees at two or more
destinations.
Page: AI-5 Date 02/28/95
Dow:
Carrier: Chemical Leaman
(d) To determine the mileage on shipments loaded at two or more places
within the corporate limits of a single point of origin and/or delivered
to two or more places within the corporate limits of a single
destination, except as otherwise provided, see paragraph (f) of this
provision.
(e) To determine the mileage on shipments loaded at two or more places which
are not all within the corporate limits of a single point and/or
delivered to two or more places which are not all within the corporate
limits of a single destination, except as otherwise provided, see
paragraph (f) of this Provision.
(f) To determine the applicable mileages for shipments made in paragraphs
(d) and (e) of this provision, the Rand McNally MILEMAKER will apply and
shall start at the point of loading and include the miles travelled by
the vehicle via all stop-in-transit points to final destination or to
the point at which the vehicle discharges the last portion of its cargo.
Mileages so computed shall be used to determine the applicable rate for
the entire shipment and shall apply on the number of gallons or pounds
of commodity loaded at origin, subject to the minimums provided herein.
(g) In addition to all other lawful charges, an additional stop-off charge,
as stated in the S.A.C., will apply. Such charge shall not be assessed
at the origin or final destination.
(h) Aggregate total loading or unloading times will be charged for in
accordance with Provision No. 4.
12. WEIGHING VEHICLES
Unless otherwise provided, freight charges shall, at Dow's option, be based
on one of the following methods of weight determination:
(a) The description of the commodity and the weight of the shipment shall be
shown by Dow on the shipping order or bill of lading.
(b) Dow shall show on shipping order or bill of lading the specific gravity
at temperature loaded.
(c) Dow shall show on shipping order or bill of lading the weight per gallon
at temperature loaded.
(d) the party which requests independent weighing of a shipment should pay
weighing charge and all ensuing charges related to time and distance.
Page: AI-6 Date 02/28/95
Dow:
Carrier: Chemical Leaman
Time consumed in weighing vehicle, before or after loading, or both, at the
point of shipment, shall be considered as part of time for loading and
subject to charges set forth in Provision No. 4.
Time consumed in weighing vehicle, before or after unloading, or both, at
the point of destination, shall be considered as time for unloading and
subject to charges and other provisions as set forth in Provision No. 4.
Carrier shall provide Dow and/or consignee with a calibration chart for the
trailer utilized.
13. ACCESSORIAL AND EMERGENCY SERVICES
Accessorial and emergency service will be provided, if practicable, and such
service charges shall be in accordance with the S.A.C.
On Sundays and Holidays, time shall begin when Carrier's equipment leaves
Carrier's terminal and continue until equipment is returned to the Carrier's
terminal from which dispatched. Weekdays tune will be computed Dow gate to
gate. Any delay directly attributable to the Carrier will be subtracted from
the total time. Time of equipment departure and arrival at the terminal will
be indicated on the bill of lading or freight bill for each shipment.
13A. ASSISTANCE FROM OR EVACUATION OF POWER VEHICLE BY SECOND DRIVER -
LOADING/UNLOADING
When a two-person sleeper team is required to handle a shipment and Dow or
the consignee requires the second person to assist in loading and/or
unloading or to evacuate the power vehicle a charge (see the S.A.C.) will
apply. Time to be computed from the time the Carrier's equipment arrives at
the loading or unloading gate until the time the Carrier's equipment departs
from the loading or unloading gate.
Charges set forth in the S.A.C. will be in addition to all other applicable
charges and shall be paid by the party requesting this service.
14. TANK CLEANING AND HEEL DISPOSAL
When Carrier is requested to furnish a trailer for the transportation of
products, which, because of its inherent nature requires cleaning and
waste disposal before the trailer can be returned to service, the charges
set forth in the S.A.C. will apply on the initial loading. These charges are
in addition to all other lawful charges assessed against the shipment.
Charges shall not be made on subsequent loading of the same trailer so long
as said trailer remains continuously in the exclusive use of the same
consignor, unless such consignor requests that the trailer be cleaned after
delivery of any of these loadings, in which case the applicable additional
charges shall be applied on the next loading of these products following
such requested cleaning.
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Dow:
Carrier: Chemical Leaman
When two or more products are shipped at one time in a compartmented
trailer, the applicable cleaning charge will be the highest applicable
charge on any product in the trailer.
15. SPECIAL EQUIPMENT AND SERVICE
When special equipment as listed below is required or requested by the
consignor or consignee prior to movement of the shipment, such equipment, if
available, will be furnished by Carrier subject to charges in the S.A.C. Air
Blowers, Air Compressors, Air Dryers, Nozzles, and Pumps will be provided,
as requested, without charge.
(a) Heating-in-transit Service: Except as otherwise provided, Carrier will,
upon request of consignor or consignee, furnish, if available, a trailer
and/or tractor equipped with a controlled heating-in-transit system
subject to the charges in the S.A.C.
(b) Heating Service: When, upon request, of consignor or consignee, a
shipment is stopped in transit for the purpose of heating the lading by
steam or any other means, the charges in the S.A.C will apply.
Carrier will apply heat for the length of time prescribed by the
consignor or consignee. Heating time will be deemed to start at the time
heat is applied to the lading and shall end when the heat is removed.
It shall be the responsibility of the consignor or consignee to make
arrangements for the use of steam and other heating facilities at its
own expense, although Carrier will, if requested, attempt to locate such
facilities and make arrangements for their use provided, however, that
the consignor or consignee shall agree to be responsible for any expense
incurred for the use of such facilities.
Time consumed by heating at consignor's site of pick up and/or
consignee's site of delivery shall be considered as loading and/or
unloading time and shall be charged for as provided in Provision No. 4.
All charges set forth in this provision shall be in addition to all other lawful
charges assessed against the shipment.
16. OVERNIGHT AND WEEKEND LAYOVER
OVERNIGHT
(a) When Carrier's vehicle arrives at point of loading, unloading, stop-off
and/or final destination between 8:00 a.m. and 5:00 p.m. on a day
between Monday and Friday, inclusive or on Saturday or Sunday if so
requested by Dow or consignee, and Dow or consignee cannot complete
loading and/or unloading on the date of arrival, the time the vehicle is
detained between
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Dow:
Carrier: Chemical Leaman
8:00 a.m. and 5:00 p.m., or the time the driver is released if later
than 5:00 p.m., will be charged for according to the terms of Provision
No. 4. If the vehicle (tractor and/or trailer) is detained until 8:00
a.m. the following morning at such point, or in the vicinity thereof,
and the driver is not required to remain on duty, the terms of Provision
No. 4 will not apply from 5:00 p.m. until 8:00 a.m. the following
morning and in lieu thereof, the charges in the S.A.C. for Single Driver
or Sleeper Team for each overnight layover will apply.
If the vehicle (tractor and/or trailer) is further detained, charges
outlined above or in paragraph (b) below, as applicable, will be the
same as if the vehicle had just arrived, except that no time without
charge as provided for in the terms of Provision No. 4 will apply.
WEEKEND LAYOVERS
(b) When Carricr's vehicle arrives at point of loading, unloading, stop-off
and/or final destination between 8:00 a.m. and 5:00 p.m. on a Friday,
and Dow or consignee cannot complete loading and/or unloading on the day
of arrival, the time the vehicle is detained between 8:00 a.m. and 5:00
p.m., or the time the driver is released if later than 5:00 p.m., will
be charged according to the terms of Provision No. 4. If the vehicle
(tractor and/or trailer) is detained over the weekend until 8:00 a.m.
Monday at such point, or in the vicinity thereof, and the driver is not
required to remain on duty, the terms of Provision No. 4 will not apply
from 5:00 p.m. on Friday, or the time the driver was released if later
than 5:00 p.m. until 8:00 a m. Monday morning and, in lieu thereof, the
charges in the S.A.C. for Single Driver or Sleeper Team for such weekend
layover will apply.
If the vehicle (tractor and/or trailer) is further detained, charges
outlined in paragraph (a) will apply the same as if the vehicle had just
arrived. except that time without charge as provided for in Provision
No. 4 will apply.
When Carrier's vehicle arrives at point of loading, unloading, stop-off and/or
final destination at a time other than between 8:00 a.m. and 5:00 p.m. and, when
due to compliance with Dow and/or consignee instructions, a layover is required
to complete loading and/or unloading, charges for detention time after 5:00 p.m.
as provided in paragraph (a) and (b) above, whichever applies will be
applicable.
17. SERVICE PERFORMANCE
The Dow - Carrier Quality Team will review and assess the performance of the
Carrier. Joint recommendations will be made to the Carrier to enhance the
level of service provided to Dow.The joint Quality Team will meet a minimum
of four (4) times per year, unless it is mutually agreed to increase or
decrease the number of meetings required. The Carricr will be managing
service levels with Dow using the Carrier Self-reporting mechanism set up by
Dow.
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18. CLEANING AND WASTE DISPOSAL
Carrier warrants that he will perform all duties of a "generator" as
identified by the EPA in 40 CRF 260.10 and that any cleaning facilities used
will meet all Resource Conservation and Recovery Act requirements.
19. DRUMMING FROM TANK TRAILERS
Carrier will not off-load hazardous materials (as defined by DOT) from
trailers into drums. If consignee should request Carrier to do this, Carrier
shall refuse and notify Dow of same. Products designated as combustible are
exempt from this policy.
20. CURRENCY
Freight rates and/or charges applicable under the terms or Provisions of
this Contract shall be stated and payable in both U.S. and Canadian funds
only, as defined in Appendix 2.
21. ALTERNATION OF RATES
In Appendix 11, where there is a conflict between tabular rates (mileage
based) and point-to-point commodity rates, the rate that produces the lowest
line haul transportation charge will apply.
When shipments to, from, and between the United States and Canada are
tendered and when there is a Dow Canada and a Dow U.S.A. contract, then the
lowest contract freight rate in either contract will apply on either a
prepaid or collect basis and the payment will be in U.S. funds only.
22. ARBITRATION
If any disputes or differences in interpretation arise other than provided
under Provisions 1 through 21 above, such disputes will be resolved by
negotiations between the two parties or by a mutually agreed upon
arbitrator.
Page: SAC-1 Date 03/14/97
Dow:
CLEA:
DOW CHEMICAL CANADA
UNIFORM BULK MOTOR CARRIER CONTRACT
STANDARD ACCESSORIAL CHART
PROVISION (NO.) CHARGE
- --------------- ------
DETENTION (4) Zero free time is allowed unless otherwise
specified. Detention @ $8.00 per 1/4 hour
increment or fraction thereof (billed in monthly
statements)
CANCELLED VEHICLE (5) $190 cad $140 usd
DIVERSION/RECONSIGNMENT(6) $50 cad $35 usd
REJECTED SHIPMENTS (8) $2.20 cad/loaded mile $1.65 usd/loaded mile
SPOTTING FOR LINE HAUL $150 cad flat $140 usd flat
MOVEMENTS (9) $1.95 cad/mile $1.46 usd/mile
$70 cad minimum $55 usd minimum
SPOTTING FOR STORAGE (9) DETERMINED BY LOCAL CONTRACT TERMS AND CHARGES AS
LISTED IN APPENDIX II
SUNDAY AND HOLIDAYS (10) $230 cad $230 usd
STOP-OFF INTRANSIT (11) $60 cad $45 usd
- ----------
o Denotes Change
Page: SAC-2 Date 03/14/97
Dow:
CLEA:
DOW CHEMICAL CANADA
UNIFORM BULK MOTOR CARRIER CONTRACT
STANDARD ACCESSORIAL CHART
PROVISION (NO.) CHARGE
- --------------- ------
ACCESSORIAL AND EMERGENCY $60 cad/hour
$45 usd/hour
SERVICE (13) SUNDAY AND HOLIDAYS; 8 HOURS MINIMUM
OTHER DAYS; 4 HOURS MINIMUM
ASSISTANCE FROM OR $7 cad or $5 usd FOR EACH 15 MINUTE PERIOD
EVACUATION OF POWER VEHICLE WILL BE ASSESSED IF SECOND DRIVER IS
BY SECOND DRIVER: REQUIRED TO ASSIST IN LOADING/
LOADING/UNLOADING (13A) UNLOADING OR EVACUATE FROM HIS UNIT
TANK CLEANING AND Caustic Soda $175 cad $125 usd
HEEL DISPOSAL (14) Latex $185 cad
Other $150 cad
Glycol $180 cad
Dry Bulk Conversion $250 cad
Wash
SPECIAL EQUIPMENT A. tractor: $60 cad $45 usd
AND SERVICE (15) tractor and trailer: $110 cad $85 usd
B. heating: $60 cad/hr $45 usd/hr
$15 cad/1/4 hr
$11.25 usd/
1/4 hr
OVERNIGHT AND $210 cad SINGLE DRIVER - OVERNIGHT
WEEKEND LAYOVERS (16) $290 cad SLEEPER TEAM - OVERNIGHT
$630 cad SINGLE DRIVER - WEEKEND
$1,760 cad SLEEPER TEAM - WEEKEND
$200 usd SINGLE DRIVER - OVERNIGHT
$275 usd SLEEPER TEAM - OVERNIGHT
$600 usd SINGLE DRIVER - WEEKEND
$1,760 usd SLEEPER TEAM - WEEKEND
- ----------
o Denotes Change
Page: SAC-3 Rev 1 Date 03/14/97
Dow:
CLEA:
DOW CHEMICAL CANADA
UNIFORM BULK MOTOR CARRIER CONTRACT
STANDARD ACCESSORIAL CHART
PROVISION (NO.) CHARGE
- --------------- ------
o SCHEDULE OF MINIMUM These minimum charges apply to all linehaul
CHARGES (minimum charge rates contained in this Agreement.
is based on the Rand McNally
Milemaker miles from origin to
destination for each shipment). One-Way Billed Minimum
Miles/Shipment Charge/Shipment
-------------- ---------------
0 - 10 $210
11 - 25 250
26 - 50 290
51 - 75 300
76 - 100 375
101 - 125 433
126 - 150 480
151 - 175 515
176 - 200 575
201 - 225 585
- ----------
o Denotes Change
Page: II-1(CORN) Date 03/14/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Accessorial Charges: Rules not specified in Dow S.A.C. provision shall
default to Canada Tariff of Tolls.
ALL RATES NOT BROUGHT FORWARD ARE HEREBY CANCELED
Item 100
- --------
Origin: Cornwall, ON
Commodity: Liquid Commodities
Destination Flat Charge
----------- -----------
04:0401 Valleyfield, PQ $162
04:0400 Brockville, ON 192
Rates apply when 2 or more shipments are handled
by the same driver, tractor and trailer within a
15 hour work day.
Page: II-1(MIS) Rev 1 Date 03/14/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Accessorial Charges: Rules not specified in Dow S.A.C. provision shall
default to Canada Tariff of Tolls.
o Item 100
Between: Points in Canada
Commodity: Liquid and Dry Products
Miles Flat Charge + Rate/Mile
----- ----------- ---------
04:0410 0 - 130 (Multiple loads only) -$77 + $3.32
04:0415 0 - 149 -68 + 3.90
150 & Over -68 + 3.90
Item 200 04:4412
--------
Origin: Points in Canada
Commodity: Liquid Commodities in ISO containers
Destination: Points in Canada
o Spotting $24 usd per day per container
Charge: $15 usd per day per chassis
Rates applicable 7 days per week.
- ----------
o Denotes Change
Page: II-1(VAR) Date 03/14/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Accessorial Charges: Rules not specified in Dow S.A.C. provision shall
default to Canada Tariff of Tolls.
ALL RATES NOT BROUGHT FORWARD ARK HEREBY CANCELED
-------------------------------------------------
Item 100
- --------
Origin: Varennes, PQ
Commodity: Latex
Destination Flat Charge
----------- -----------
04:0419 Rexdale, ON $726
04:0416 Brampton, ON 757
04:0417 Thorold, ON 869
Item 200
- --------
Origin: Varennes, PQ
Commodity: Liquid Latex in single compartment trailers
Destination Flat Charge
----------- -----------
04:0429 Winnipeg, MB $4,800
04:0430 Edmunston, NB 1,235
04:0413 Brampton, ON 800
04:0428 Brantford, ON 950
04:0418 Cornwall, ON 420
04:0414 Thorold, ON 975
04:0427 Toronto, ON 800
04:0426 Drummondville, PQ 400
04:0420 East Angus, PQ 514
04:0421 Jonquiere, PQ 1,064
04:0423 Marieville, PQ 400
04:0425 St. Georges, PQ 705
04:0424 St. Raymen, PQ 620
04:0422 Trois Rivieres, PQ 415
Detention Free Time: 1 hour for loading;
2 hours for unloading is included in rate
FOR INTERNAL DISTRIBUTION
Dow Chemical Canada contract #4630-0201 hereby cancels contract #4800-0400 &
#4630-0200, any rates not brought forward are canceled.
Page: 1 Date: 09/22/95
Dow:
Carrier: Chemical Leaman
UNIFORM BULK MOTOR CARRIER CONTRACT
This is a Contract to provide for international, interprovincial and
intraprovincial, where applicable, motor carrier transportation of various
cargoes between or among various geographic points, dated the 28th day of
February 1995, by and between Chemical Leaman Tank Lines, Incorporated
(hereinafter "Carrier") and Dow Chemical Canada Incorporated (hereinafter
"Dow").
Dow is a diversified manufacturer of basic chemicals, plastics, specialty
products and services and has a need for transportation service in the
furtherance of its business. Carrier is a motor carrier desirous of providing
transportation service to Dow.
Therefore, in consideration of the premises, covenants and agreements contained
herein, the parties agree as follows:
1. Pursuant to this non-exclusive transportation Contract Dow agrees to tender
not less than twelve (12) shipments per year to Carrier for transportation
and delivery as directed by Dow's Shipping Order/Bill of Lading which will
accompany each tender, provided that if Carrier is unable to accomplish
such transportation in whole or in part, Dow may make such shipments via
other arrangements.
2. Carrier shall receive from Dow such quantities of goods as may be tendered
for transportation from time to time, and Carrier shall make all reasonable
effort to have the required equipment available, with trailer exteriors and
interiors clean and presentable as befits a Dow quality load. Carrier will
provide, as requested, a general list of all Carrier controlled or
commercial cleaning locations where trailers have been cleaned after
transporting Dow produced or purchased products.
3. Carrier shall transport and carry the goods without delay caused by
anything in Carrier's control. Any and all occurrences which would be
probable or certain cause for delay of delivery shall be immediately
communicated to Dow by Carrier. In addition, Carrier will furnish when its
capabilities are developed, via electronic data interchange, periodic
transmissions of data elements of each Dow shipment and receipt in format
specified by the United States Electronic Data Interchange Standards
published by the Transportation Data Coordinating Committee, as well as
similar data elements for automated payment of freight bills.
4. Dow agrees to pay Carrier, as compensation for such transportation, the
rates and charges shown in Appendices I and II to this Contract. All
changes must be
Page: 2 Date: 09/22/95
Dow:
Carrier: Chemical Leaman
approved in writing by both parties. All rates will apply to both prepaid
and collect shipments. In the event that the consignee also has a contract
rate in effect with the Carrier and the shipment is tendered on a "freight
collect" basis, the consignee's contract rate will apply in lieu of rates
included in this Contract. If, on collect shipments, consignee fails to pay
Carrier's freight bills after Carrier has made a conscientious effort to
collect, Dow will pay such freight bills, provided Carrier furnishes proof
of efforts to collect from consignee.
5. Carrier personnel (including driving personnel, whether employees of
Carrier or of Carrier's agents known as "fleet operators" or "leased
operators") will comply with all plant rules and regulations while on Dow's
or consignee's plant premises. Carrier shall inform all of its employees
and personnel who may come onto such premises of this requirement. Any
Carrier employee or person who does not comply with all plant rules and
regulations may be summarily rejected and directed to immediately leave the
premises at the exclusive risk and expense of the Carrier. Carrier agrees
to utilize adequate motor truck equipment and qualified personnel for
performance of its obligations under this Contract, and to operate its
business at all times in compliance with all applicable federal, state, and
local laws, rules, and regulations. Worker's Compensation Insurance for
Carrier's drivers or operators, if required, shall be obtained and
maintained at the exclusive cost and risk of Carrier.
6. Carrier shall comply with the financial responsibility requirements of the
appropriate federal and provincial regulatory agency through which the
Carrier operates.
Carrier shall procure and maintain, at the expense of the Carrier,
liability insurance with a reputable and financially responsible insurance
carrier properly insuring Carrier against liabilities and claims (a) for
injuries to persons (including injuries resulting in death) and damage to
property, in an amount, in the case of each casualty, of not less than
$5,000,000cad; and (b) for loss of or damage to freight, in an amount not
less than $250,000cad with respect to each shipment. Carrier shall have his
insurance carrier(s) furnish directly to Dow or its contractor certificates
that such coverage is in effect, and will instruct carrier to directly
notify Dow or its contractor if coverage is cancelled or changed.
7. Carrier shall indemnify, defend, and hold Dow, its employees and agents
harmless from claims, demands, and causes of action asserted against Dow,
its employees or agents, by any other person (including without limitation
Carrier's and Dow's employees) for personal injury or death or for loss of
or damage to property and resulting from the willful or negligent acts or
omissions of Carrier. Dow shall indemnify, defend, and hold Carrier, its
employees, agents, and subcontractors harmless from claims, demands, and
causes of action asserted against Carrier, its employees, agents, or
subcontractors by any other person (including without limitation Dow's and
Carrier's employees) for personal injury or death or for loss of or damage
to property and resulting from the willful or negligent acts or omissions
of Dow. Where personal injury, death, or loss of or damage to property is
the result of the joint negligence or misconduct of Dow and Carrier, the
parties expressly agree to indemnify each other in proportion to its share
of such joint negligence or misconduct.
Page: 3 Date: 09/22/95
Dow:
Carrier: Chemical Leaman
8. Carrier assumes complete responsibility and liability regardless of the
fault of any person for all loss of, or damage to, goods transported
hereunder, except where caused in whole or in part by Dow's negligence or
acts of God in which Carrier had no contributory negligence. In those cases
Dow will assume responsibility and liability for only that portion of the
loss or damage caused by Dow's negligence and Carrier shall be liable for
the remainder. Carrier's responsibility for damage or loss to goods
transported shall commence from the time of acceptance at the shipping
point until delivery at the proper destination in accordance with Dow's
written instructions.
In the event of loss or damage during transit, except as limited in this
paragraph above, Carrier shall pay Dow the full value of the lost or
damaged goods plus any and all additional transportation costs. Value of
the lost or damaged goods shall be determined by type of sale in the
following manner:
Trade Sale: Dow will provide Carrier with invoice documentation.
Non-Trade Sale: Value will be determined as reported weekly in the Chemical
Marketing Reporter or Dow's Price Book if the product(s) is not covered
specifically in the Chemical Marketing Reporter.
When used in this Contract, "shipping point" means the place where the
goods or cargo are tendered by Dow to the custody of Carrier or Carrier's
agent for transportation.
For all shipments rated under this agreement, no claims for overcharges or
undercharges will be made by either party after one (1) year from date of
shipment.
9. Any assignment of any benefit or obligation of this Contract, in whole or
in part, by either party, without the prior express written consent of the
other party, shall be void and of no effect.
10. This Contract shall become effective upon the date of the permit (if one is
issued) by the appropriate federal or provincial agency, or the last date
in the signatory provision below, whichever is later, and shall continue
for one (1) year and thereafter from year to year unless:
(a) cancelled by either party at any time upon thirty (30) days' written
notice to the other party at the address stated below; or
(b) Carrier's loss or revocation of authority (for any reason) by any
federal or provincial regulatory body having jurisdiction over
Carrier's operation, and/or cancellation of Carrier's insurance
policy, in which case this Contract can be terminated immediately; or
(c) Cancelled by either party upon material breach by the other party of
any obligation contained herein.
Carrier should give Dow immediate notice of the occurrence of any event
covered by subsection (b). The obligation contained in paragraphs 7, 8 and
15 shall survive termination of this Agreement.
Page: 4 Date: 09/22/95
Dow:
Carrier: Chemical Leaman
11. Any notices or correspondence in reference to this Contract should be sent
via Canada Post, postage prepaid:
to Carrier at: Chemical Leaman Tank Lines, Incorporated
P.O. Box 734
34 Vinemont Drive
Fonthill, Ontario, Canada
LOS lE0
Attn: Mr. Wolfgang Liebscher
to Dow at: Dow Chemical Canada Incorporated
Transportation & Logistics Services Purchasing
1425 Vidal Street South, P.O. Box 3030
Sarnia, Ontario, Canada
N7T 7M1
Attn: Sharon Harding, Motor Carrier Supply Manager
Phone: 519-339-3453
Fax: 519-339-5112
12. Carrier shall be an independent contractor under this Contract and shall
assume all of the rights, obligations and liabilities applicable to it as
such. Neither Carrier nor any of its employees or agents shall be
considered an employee of Dow, nor shall any partnership, co-venture or
joint-employer relationship be created by virtue of this Contract or of its
performance. No prior course of dealing or performance between Carrier and
Dow shall modify Carrier's status under this Contract as an independent
contractor.
13. Dow agrees to pay all uncontested charges within thirty (30) days after
receipt of the freight invoice through Dow's payment department or payment
agent.
14. This Contract is governed by the laws of the Province of Ontario for
general contract matters.
15. Carrier agrees to keep secret all Dow technical and business information
which it has received or may receive and not to reveal or to divulge such
information to third parties or to use, or to publish it in any manner
whatsoever without obtaining Dow's prior written approval; provided,
however, that Carrier shall not be bound to keep secret any such
information which (a) was known to Carrier prior to the date of the
Contract from sources other than Dow, or (b) which is or becomes available
to the public without fault on Carrier's part, or (c) which is disclosed to
Carrier by a party not related, directly or indirectly, to Dow, who has
rightful claim to such information. Carrier shall only use Dow technical
and business information to provide the services required under this
Contract.
16. This Contract states the entire agreement between the parties and there are
no other agreements or understandings whatsoever, expressed or implied.
Page: 5 Date: 09/22/95
Dow:
Carrier: Chemical Leaman
Amendments or modifications to this Contract must be made in writing,
identified as an amendment or modification and signed by both Dow and
Carrier. Any term or provision in any prior or subsequent writing to the
date of this Contract which is in conflict with any term or provision of
this Contract is objected to and rejected.
17. Should any provision of this Contract be determined by competent public
authority or court to be invalid or unenforceable, then such invalid or
unenforceable provision shall be severed from this Contract without effect
on the validity of the remaining provisions.
18. If Carrier accepts instructions from a non-Dow party or consignee, all
resultant, legitimate charges will be billed by Carrier to the party
causing the charge to occur.
19. In cases whereby Carrier is in a single source position, a policy that does
not allow Carrier to turn down requests for transportation of goods is in
effect. Carrier will have to make arrangements with other Dow approved
carriers for the transportation of all goods from the location where
Carrier is the only designated carrier.
The services provided by Carrier hereunder are designed to meet the distinct
needs of Dow.
In Witness Whereof, the parties have executed this Contract on the date shown
below.
CHEMICAL LEAMAN TANK LINES, INCORPORATED DOW CHEMICAL CANADA INCORPORATED
/s/ [Illegible] /s/ Sharon Harding
------------------------------------ -------------------------------
NAME: NAME: Sharon Harding
----------------------------------
TITLE: TITLE: Motor Carrier Supply Manager
----------------------------------
DATE: 10/05/95 DATE: September 22, 1995
----------------------------------
Page: II-1 (COFC) Rev 5 Date 10/16/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
REPRESENTING UNION PACIFIC BULKTAINER SERVICE
Item 100 88:0100
--------
Origin: Pittsburg, CA
Destination: Midland, MI
Commodity: Waste Tar
Rate: $4,665/shipment
Cleaning: Actual cost when cleaned when removed from Dow service
Item 200 88:0101
--------
Origin: Ludington, MI
Destination: Vancouver, WA
Commodity: Magnesium Hydroxide, liquid
Rate: $3,500/shipment
Cleaning: Tank cleaning included in rate
Item 300 88:0103
--------
Origin: Middletown, OH
Destination: Pittsburg, CA
Commodity: Surfactant, liquid
Rate: $4,386/shipment
Cleaning: Tank cleaning included in rate
Item 400 88:0104
--------
Origin: Midland, MI
Destination: Pittsburg, CA
Commodity: Organophosphorus pesticide
Rate: $4,053/shipment
Cleaning: Tank cleaning outside of rate
o Item 500 Moved to MISC Section
-------- Effective: 10-16-96
o Denotes Change
Page: II-2 (COFC) NEW Date 11/05/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
REPRESENTING UNION PACIFIC BULKTAINER SERVICE
o Item 600 88:0102
--------
Origin: Midland, MI
Destination: Pachuta, MS
Commodity: Organophosphorus
Rate: $3,210/shipment
Cleaning: Tank cleaning included in rate
Page: II-2 (COFC) Rev 1 Date 11/20/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
REPRESENTING UNION PACIFIC BULKTAINER SERVICE
Item 600 88:0102
--------
Origin: Midland, MI
Destination: Pachuta, MS
Commodity: Organophosphorus
Rate: $3,210/shipment
Cleaning: Tank cleaning included in rate
o Item 700 88:0105
--------
Origin: Midland, MI
Destination: Fresno, CA
Commodity: Herbicide, liquid
Rate: $4,314/shipment
Cleaning: Tank cleaning included in rate
Page: II-3 (MISC) Rev 3 Date 10/16/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 1000
---------
Origin: Granite City, IL
Destination: Points in the U.S.
Commodity: Calcium Chloride Liquid
Miles Flat Charge Rate/Loaded Mile
------------ ----------- ----------------
10:0100 30 - 100 $ 83 + $ 2.30
10:0101 101 - 240 -2 + 3.07
241 - Over -128 + 3.45
o Item 1100
---------
Origin: Chicago, IL
Commodity: Caustic Soda Solution, liquid
Cleaning: When cleaned
Miles Flat Charge Rate/Loaded Mile
------------ ----------- ----------------
40:1500 30 - 100 $ 83 + $ 2.30
40:1501 101 - 240 -2 + 3.07
241 & Over -128 + 3.45
o Denotes Change
Page: II-1(F) Rev 1 Date 12/13/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
FREEPORT
--------
Accessorial Charges: All accessorial charges not specifically covered by Dow Master
Contract to be billed per CLEA 100 series.
Item 100 04:4005 04:4006
o Intraplant Work: When upon request of the shipper, carrier provides a unit for
intraplant work, a charge of $45.00/hour, or fraction thereof, shall
apply, subject to a 4 hour minimum Monday thru Saturday and 8
hour minimum on Sunday and holidays.
Spotting and/or $55.00 flat charge. If service takes more than one (1) hour,
Pickup Service on bill extra time at intraplant rate of $41/hour, or fraction
Tanks & Containers thereof, subject to 8 hour minimum on Saturdays.
Spotted for Storage:
Rental Charges: $70/day for plant storage trailers and ISO containers on 20' and 40'
chassis. 04:4444
Dry Disconnects: When dry disconnects are required for delivery, an additional
charge of $200 will apply to all shipments transported in non-
dedicated equipment.
Idle Day Charges: $50/day except Saturday, Sunday & Holidays on TDI
Trailers 6-245, 6-246, 6-967, 7-263. 05:8954
$50/day except Saturday, Sunday & Holidays on
magnesium chloride trailer 8-065. 05:8955
o Denotes Change
Page: II-6(F) Rev 2 Date 12/01/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 1500 04:1500
---------
Origin: Points in U.S. excluding Texas
Destination: Freeport, TX
Commodity: Liquid Commodities in MC-307 trailer (reloadable 2/1 type only)
Rate: -$128 flat charge + $1.75/loaded mile
o Item 1600 04:4037
---------
Origin: Freeport, TX
Destination: Channelview, TX
Commodity: Liquid Commodities in MC-307 trailers
Rate: $360/shipment
o Item 1700 Reserved for future use
---------
o Item 1800 Reserved for future use
---------
o Denotes Change
Page: II-7(F) NEW Date 12/01/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 1900
Origin: Freeport, TX
Commodity: Liquid Commodities in MC-307 trailers
Destination Rate/Shipment
----------- -------------
04:0410 Austin, TX $ 650
04:0411 Bayport, TX 360
04:0412 Baytown, TX 370
04:0413 Brenham, TX 455
04:0414 Carrollton, TX 912
04:0415 Dallas, TX 875
04:0416 Dayton, TX 405
04:0417 Deer Park, TX 350
04:0418 El Paso, TX 2,073
04:0419 Evadale, TX 650
04:0420 Fort Worth, TX 912
04:0421 Freeport, TX 350
04:0422 Fresno, TX 350
04:0423 Garland, TX 912
04:0424 Grand Prairie, TX 912
04:0425 Houston, TX 350
04:0426 La Porte, TX 360
04:0427 Lewisville, TX 912
04:0428 Mesquite, TX 912
04:0429 Odessa, TX 1,425
04:0430 Pasadena, TX 350
04:0431 Port Arthur, TX 525
04:0432 San Antonio, TX 703
04:0433 Spring, TX 370
04:0434 Sugarland, TX 350
04:0435 Terrell, TX 855
04:0436 Victoria, TX 767
Page: II-4(T) NEW Date 10/20/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 700 11:1181 11:1182
Origin: Tildale, GA
Destination: Augusta, GA
Commodity: Latex, liquid in single compartment MC-307 trailers
Rate: $587/shipment - If loaded between 0400 - 1500 hours
$472/shipment - If loaded between 1501 - 0359 hours
Tank $190, when cleaned
Cleaning:
Page: II-2(M) Rev 5 Date 12/13/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 200
Origin: Midland, MI
Commodity: Liquid Commodities transported in non-dedicated, single
compartment MC-307 reloadable trailer.
Rate/Loaded Mile
--------------------------------------------
Destination Flat Chg Column 1 Flat Chg Column 2
----------- -------- -------- -------- --------
03:0327 LA, TX -$128 + $1.75 -$128 + $2.01 03:0334
03:0328 AL, AR, CT, DE, FL, GA, IL, KY, MD, -128 + 2.15 -128 + 2.47 03:0335
MA, MS, NC, NJ, NY, OH, PA, RI, SC,
TN, VA, WV
03:0329 CA -128 + 2.22 -128 + 2.55 03:0336
03:0330 MO, NH, WI -128 + 2.32 -128 + 2.67 03:0337
03:0331 AZ, IA, KS, ME, NB, NM, OK, ON, PQ -128 + 2.52 -128 + 2.90 03:0338
03:0332 IN -128 + 2.76 -128 + 3.17 03:0339
03:0333 AK, AB, BC, MB, MN, MT, NE, SK, WA -128 + 3.02 -128 + 3.47 03:0340
Load Count Guarantee:
Mon-Sat: 28 loads/day, +/- 20%
Sat-Sun: 6 loads/day, +/- 20%
Penalty: 15% surcharge for all orders in excess of maximum or less than
-------- minimum load count guarantee.
Note: 1. Column 1 represents rates used when load count target numbers
have been met Column 2 represents penalty rates for falling
short or exceeding targeted load counts.
2. Rates apply for Aqueous Acrylamide Solution for the account of
Flocryl: c/o Commercial Traffic, P.O. Box 30832, Cleveland, OH 44130
Item 300 01:0005
o Origin: Between Midland, MI and Bay City, MI and Harbor
Beach, MI and
Destination: Points in the U.S. (except MI, AK, HI) and Canada
Commodity: LIQUID AND DRY CHEMICALS (not specified in Item 200)
transported in single compartment, non-reloadable or
multi-compartment trailers.
Miles Flat Charge Rate/Loaded
---------------- ----------- -----------
0 - 100 $184 + $2.85
101 - 200 202 + 2.69
201 - 400 138 + 3.05
401 - 800 137 + 3.10
801 - 1000 284 + 2.93
1001 - Over 204 + 3.00
Cleaning: Rate of $190/load on Intrastate Michigan moves of latex liquid
only.
o Denotes Change
Page: II-2(AP) Rev 3 Date 11/05/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 200 01:0110
Origin: Allyn's Point, CT
Destination: Points in U.S.
Commodity: Plastic Pellets
o Toll Charge: Tolls outside of rates
Miles Flat Charge Rate/Mile
0 - 300 -$128 + $3.20
301 - 500 -128 + 3.00
501 & Over -128 + 2.85
Item 300 01:0162
Origin: Allyn's Point, CT
Destination: Points in Canada
Commodity: Plastic Pellets
Rate: -$128 flat charge + $3.10/loaded mile
o Toll Charge: Tolls included in rate
Item 400 01:0277
Origin: Petrolia, PA
Destination: Allyn's Point, CT
Commodity: Liquid Commodities in single compartment MC-307 trailer
Rate: -$128 flat charge + $1.75/loaded mile
Item 500 33:0290
Origin: Allyn's Point, CT
Destination: Messena, NY
Commodity: Plastic Pellets in single compartment trailers
Rate: $1,029/shipment
o Denotes Change
Page: II-3(AP) NEW Date 12/06/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 600 01:0105
Origin: Allyn's Point, CT
Destination: Deepwater, NJ
Commodity: Hazardous Waste, liquid in dedicated single compartment trailers
Rate: $800/shipment
Tank Cleaning: $200, when cleaned
Charge:
NOTE: Rate applies to shipments handled in round trip
transportation only.
Page: II-3(AP) Rev 1 Date 12/24/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 600 01:0105
Origin: Allyn's Point, CT
Destination: Deepwater, NJ
Commodity: Hazardous Waste, liquid in dedicated single compartment
trailers
Rate: $800/shipment
Tank Cleaning $200, when cleaned
Charge:
NOTE: Rate applies to shipments handled in round trip
transportation only.
o Item 700 01:0107
Origin: Allyn's Point, CT
Destination: Allyn's Point, CT
Commodity: In-plant storage trailers
Rate: $650 per month per trailer
o Denotes Change
Page: II-4(MISC) Rev 1 Date 03/19/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 1300
Origin: Pittsburgh, PA
Commodity: Liquid Magnesium Hydroxide in MC-307, single compartment, trailers
Cleaning When cleaned
Charges:
Destination Rate/Shipment
----------- -------------
22:2210 Adrian, PA $ 332
22:2211 Albright, WV 435
22:2212 Maidsville, WV 360
22:2213 Morgantown, WV 360
22:2214 Parkersburg, WV 575
o Item 1400 22:2215
Origin: Crosby, TX and Houston, TX
Destination: Brownsville, TX and Laredo, TX (for furtherance to points in
Mexico)
Commodity: Liquid Commodities in MC-307 single compartment trailers
Rate: $3.30/loaded mile
Accessorial $200/round-trip border crossing fee
Charges: $50/per day trailer rental fee: days 1-7
$130/per day trailer rental fee: days: 8 or more
Note: Trailer rental fee application: $130/day fee applies
for 8 or more days if trailer held at consignee. If trailer
delayed by Mexican carrier, trailer rental fee does NOT
apply. Responsibility of CLTL to secure from Mexican
carrier.
o Denotes Change
Page: SAC-2 Rev 4 Date 03/14/97
Dow:
CLEA:
THE DOW CHEMICAL COMPANY
UNIFORM BULK MOTOR CARRIER CONTRACT
STANDARD ACCESSORIAL CHART
PROVISION (NO.) CHARGE
- ---------------------------------------------- ----------------------------------------------------
Special Equipment and Service (15) A. $90 For compartmented trailers
B. $45 Heating-in-transit (tractor only)
$85 Heating-in-transit (tractor and trailer)
C. Heating Service:
Note A Note B
------ ------
$45 $11 Weekdays (excluding holidays)
$55 $13 Saturdays
$65 $17 Sundays and holidays
Note A: Applies for first hour or fraction thereof.
Note B: Applies for each additional fifteen
minutes or fraction thereof.
Overnight and Weekend Layovers (16) $200 single driver - overnight
$275 sleeper team - overnight
$600 single driver - weekend
$1,760 sleeper team - weekend
If inbound line haul charges are rated from
another shipper's contract, Dow contract
accessorial charges will apply (17)
o Schedule of Minimum Charges These minimum charges apply to all linehaul
(minimum charge is based on rates contained in this Agreement.
the Rand McNally Milemaker
miles from origin to destination One-Way Billed Minimum
for each shipment). Miles/Shipment Charge/Shipment
-------------- ---------------
0 - 10 $210
11 - 25 250
26 - 50 290
51 - 75 300
76 - 100 375
101 - 125 433
126 - 150 480
151 - 175 515
176 - 200 575
201 - 225 585
o Denotes Change
Page" II-2(MIS) Rev 1 Date 03/14/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Accessorial Charges: Rules not specified in Dow S.A.C. provision shall
default to CLEA 100 Accessorials.
Item 300 02:0224
Origin: Points in Canada
Commodity: Liquid Commodities in ISO containers
Destination: Points in the U.S.
o Spotting $24 usd per day per container
Charge: $15 usd per day per chassis
Rates applicable 7 days per week.
o Denotes Change
Page: SAC-3 Rev 1 Date 03/14/97
Dow:
CLEA:
DOW CHEMICAL CANADA
UNIFORM BULK MOTOR CARRIER CONTRACT
STANDARD ACCESSORIAL CHART
PROVISION (NO.) CHARGE
--------------- ------
o SCHEDULE OF MINIMUM These minimum charges apply to all
CHARGES (minimum charge linehaul rates contained in this Agreement.
is based on the Rand McNally
Milemaker miles from origin to One-Way Billed Minimum
destination for each shipment). Miles/Shipment Charge/Shipment
-------------- ---------------
0 - 10 $210
11 - 25 250
26 - 50 290
51 - 75 300
76 - 100 375
101 - 125 433
126 - 150 480
151 - 175 515
176 - 200 575
201 - 225 585
o Denotes Change
Page: II-1(MIS) Rev 1 Date 03/14/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Accessorial Charges: Rules not specified in Dow S.A.C. provision shall
default to Canada Tariff of Tolls.
o Item 100
Between: Points in Canada
Commodity: Liquid and Dry Products
Miles Flat Charge + Rate/Mile
----- ----------- ---------
04:0410 0 - 130 (Multiple loads only) -$77 + $3.32
04:0415 0 - 149 -68 + 3.90
150 & Over -68 + 3.90
Item 200 04:4412
Origin: Points in Canada
Commodity: Liquid Commodities in ISO containers
Destination: Points in Canada
o Spotting $24 usd per day per container
Charge: $15 usd per day per chassis
Rates applicable 7 days per week.
o Denotes Change
Page: SAC-3 Rev 1 Date 03/14/97
Dow:
CLEA:
DOW CHEMICAL CANADA
UNIFORM BULK MOTOR CARRIER CONTRACT
STANDARD ACCESSORIAL CHART
PROVISION (NO.) CHARGE
--------------- ------
o SCHEDULE OF MINIMUM These minimum charges apply to all
CHARGES (minimum charge linehaul rates contained in this Agreement.
is based on the Rand McNally
Milemaker miles from origin to One-Way Billed Minimum
destination for each shipment). Miles/Shipment Charge/Shipment
-------------- ---------------
0 - 10 $210
11 - 25 250
26 - 50 290
51 - 75 300
76 - 100 375
101 - 125 433
126 - 150 480
151 - 175 515
176 - 200 575
201 - 225 585
o Denotes Change
Page: II-2(MISC) Rev 8 Date 03/28/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 600
Origin: Solvay, NY
Commodity: Plastic Pellets
Destination Rate/Shipment
----------- -------------
60:2200 Erie, PA $ 738
60:2201 Paterson, NJ 733
Item 700
Origin: Philadelphia, PA
Commodity: Magnesium Hydroxide Liquid
Cleaning When cleaned
Charges:
Destination Rate/Shipment
----------- -------------
70:0106 Chester, VA $ 500
70:0100 Clifton, NJ 372
o 70:0109 Hackettstown, NJ 322
70:0104 Lancaster, PA 292
70:0107 Monroe, NC 2:30 /loaded mile
70:0102 Newark, NJ 322
70:0103 Nutley, NJ 372
70:0108 Raleigh, NC 2.38 /loaded mile
70:0101 Ridgefield Park, NJ 372
70:0105 Scranton, PA 442
o 70:0110 Waterbury, CT 3.61 /loaded mile
Item 800
Origin: Richmond, VA
Commodity: Magnesium Hydroxide liquid
Destination Flat Charge Rate/Loaded Mile
----------- ----------- ----------------
80:0100 Chester, VA $ 372
80:0103 Richmond, VA 372
80:0101 Monroe, NC -128 + $ 2.75
80:0102 Netcong, NJ -128 + 2.30
80:0104 Newark, NJ -128 + 2.30
o Denotes Change
Page: II-3(MISC) Rev 6 Date 03/17/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 900 01:0900
Origin: Charleston, SC
Destination: Sarnia, ON
Commodity: Liquid Commodities in MC-307 single compartment, reloadable
trailers
Rate: -$128 flat charge + $1.75/loaded mile
Item 1000
Origin: Granite City, IL
Destination: Points in the U.S.
Commodity: Calcium Chloride Liquid
Miles Flat Charge Rate/Loaded Mile
------------- ----------- ----------------
10:0100 30 - 100 $ 83 + $ 2.30
10:0101 101 - 240 -2 + 3.07
241 - Over -128 + 3.45
Item 1100
Origin: Chicago, IL
Commodity: Caustic Soda Solution, liquid
Cleaning: When cleaned
Miles Flat Charge Rate/Loaded Mile
------------- ----------- ----------------
40:1500 30 - 100 $ 83 + $ 2.30
40:1501 101 - 240 -2 + 3.07
241 & Over -128 + 3.45
Item 1200 22:2209 L
Origin: Louisville, KY
Destination: Lebanon, KY (Worthington Industries)
Commodity: Liquid Calcium Chloride in dedicated, single compartment,
MC-306 aluminum trailers
o Rate: $314/shipment
Cleaning: Actual cost, when cleaned. TCL-AC (AITE)
Note: Tank cleaning to be reviewed after initial 3-5 cleans
to determine contract bill amount to be published.
o Denotes Change
[LOGO] Chemical Leaman Tank Lines, Inc.
102 Pickering Way, Exton, PA 19341-0200 o 610-363-4200
Responsible Care(R)
A Public Commitment
May 30, 1996
Mr. M. W. Humphries
Sr. Motor Carrier Services Buyer Via Overnight Mail
Dow Chemical Company USA
2020 Building
Midland, MI 48674
Dear Mr. Humphries:
As promised, we have enclosed a mockup of the following tariff /contract pages
which reflects the reduction of linehaul rates and the elimination of all free
time (4 hours) at $32/hour.
CONTRACT 4015
CONTRACT 4630
CONTRACT 4800
INTRA GEORGIA TARIFF
MDOW - INTRA MICHIGAN
All rate pages contain the current and new rates. In some instances, we have
attached mileage rate tables containing the new rates. Please note that rate
item numbers are entered adjacent to each linehaul rate item. The package is
separated into 27 numbered sections to facilitate reference. All changes,
additions and comments appear in red ink for easy identification.
We used the following methodology in the development of the new linehaul rates
which have been reduced by $128 per shipment ($32/hour * 4 hours).
CURRENT NEW
EXPRESSION EXPRESSION
FLAT CHARGES PER
SHIPMENT (AQ) Current dollars per Shipment less $128.
PER MILE RATES Formula Rates. We used the fixed charge
component of the formula rate expressed
as a negative (-) charge per shipment.
FORMULA RATES Same rate expression. Deducted $128 from
the fixed charge component In some
instances, this results in a negative (-)
fixed charge.
MINIMUM CHARGES Eliminated all current minimum charges.
These are to be replaced by the Schedule
of Minimum Charges (attached).
FREE TIME NONE
CENTS PER CWT. Deducted the result of Dividing $128 by
the minimum hundred weight, rounded to
next whole cent if .5 or greater.
OTHER THAN STANDARD Deducted $32/hr based on the hours
FREE TIME (specified in item) specified in the item (few occurrences).
In one case, unloading free time was
8 hours and we deducted eight + 2 hours
for loading.
RUNNING MILE RATES Without major reprogramming, we cannot
accept negative fixed charges billed in
connection with running mile rates. In
all cases, we have had no traffic in
these items as indicated. You may wish
to cancel these items.
APPLICATION OF MINIMUM Minimum Charges apply when the sum of the
CHARGES new linehaul charges and total detention
charges is LESS THAN the Minimum Charge
for the mileage distance shown.
The new rates will be loaded into our billing system to enable billing under
the new arrangement effective June 7, 1996, as agreed.
I trust you will be able to verify the new rates easily. If I can be of any
assistance to your staff, please contact me at 610-363-4275.
Sincerely,
George E. Ciarlone
Mgr. Cost Analysis
cc: Steve Hamilton
Tom Schubert
Jim Keeler
JoAnn Hagelin
Memo
To: Terminal Managers CC: Phil Ringo
Regional General Managers Jack Elrod
Regional Directors of Sales Steve Hamilton
Leon Palmer
Jim Keeler
George Ciarlone
From: Tom Schubert Ron Knapp
Date: June 5, 1996
Re: Dow Contract Revision
Dow has asked CLTL to reduce our linehaul rates by taking the load/unload free
time out of the rate and billing all hours actually spent loading and unloading.
After much negotiation, we agreed to the following:
o We will reduce linehaul rates by $32.00 per hour for a total of
4 hours (2 load/2 unload).
o We will begin billing load and unload detention in hourly increments
after the first 6 minutes of each hour incurred.
o We are implementing the following per load minimums for all loads
between 0-225 one way miles.
One-Way Billed Miles Proposed Minimum Charge
-------------------- -----------------------
0-10 $210
11-25 $250
26-50 $290
51-75 $300
76-100 $375
101-125 $433
126-150 $480
151-175 $515
176-200 $575
201-225 $585
For this shorthaul work, the new linehaul charge to be calculated by
excluding 4 hours at $32.00 per hour from the existing linehaul rate. We
would calculate the actual load/unload hours incurred at $32.00 per hour
and add it to the new linehaul rate to determine the new actual movement
cost. The new billing to Dow will be the greater of the actual movement
cost or the minimum charge noted above.
This new agreement is effective June 7, 1996. It is critical that we
properly bill all detention, without exception, in order to recoup the
reduced linehaul revenue. Please pay particular attention to this change.
Also, note that we will compare the "old" Dow contract to the "new" Dow
contract by shipper plant site origin/destinations using actual data for
the 4th Quarter of 1995. George Ciarlone will communicate the results of
this to you.
We believe that these changes should be profit neutral in the aggregate
and should not require any systematic changes to the way we pay drivers,
except for when drivers do preloading and no other portion of the
linehaul movement. In this case the preloader will not share in the first
2 hours of load detention billed.
Please contact me or George with any questions.
CHEMICAL LEAMAN TANK LINES, INC.
DOW DETENTION AVERAGING PROPOSAL
--------------------------------
Schedule of Minimum Charges
One-Way Proposed
Billed Minimum
Miles Charge
----- ------
0-10 210
11-25 250
26-50 290
51-75 300
76-100 375
101-125 433
126-150 480
151-175 515
176-200 575
201-225 585
Contract Clause:
New linehaul charge to be calculated by excluding 4 hours at $32.00 per hour
from the existing linehaul rate and then billing the actual load/unload hours
incurred at $32.00 per hour. The actual movement charge will be the greater of
the actual movement cost or the minimum charge noted above.
Author: Lorena Kilroy at Executives
Date: 9/10/96 4:52 PM
Priority: Normal
Subject: Re: DOW CONTRACT: CONVERSION TO CLTL HANDLING
- -------------------------------- Message Contents ------------------------------
Jim,
Georganna faxed copies of all the RA30's she had for your review right
after we spoke. Please confirm receipt. You are to advise Georganna if the
detention was backed out from the rate quote.
Thanks for your help.
Lorena
________________________________Reply Separator_________________________________
Subject: DOW CONTRACT: CONVERSION TO CLTL HANDLING
Author: Jim Keeler at Executives
Date: 9/10/96 02:41 PM
This is to confirm phone conversations this afternoon regarding the re-
assumption of the Dow contract by Chemical Leaman.
1. Amend recent RA30's to reflect detention dollars taken out of the rates.
(Keeler)
2. Send the full updated Dow contract via computer disk to G. Ciarlone for
review. (J. Mason 10/1/96)
3. Provide a conversion date to all parties as to when CLTL system will be
updated with the Dow contract. (Ciarlone)
4. CLTL to publish contract with CLTL item numbers but in Dow page format.
(Ciarlone)
5. Fax sample copy of updated page to M. Humphreys/J. Mason for review
prior to final CLTL update. (L. Kilroy/J. Keeler)
6. Dow required 3 weeks to upload their system with revised CLTL item
numbers prior to final completion. Need date when item numbers are
available to allow for Dow updates. (Ciarlone/Kilroy)
Note: current Dow locations where detention remains in the rate with ZERO
backout are: Bayonne, NJ; Varennes, PQ, Inbound from non-Dow vendors
collect under the Dow contract.
Please let me know if I have overlooked anything. George, please provide
your drop dead dates based on your receiving the disk by 10/1/96.
Jim Keeler...
Author: Jim Keeler at Executives
Date: 9/10/96 2:23 PM
Priority: Normal
Subject: DOW INBOUND DETENTION
- -------------------------------- Message Contents -----------------------------
To confirm phone conversations today, Tuesday September 10, 1996.
Dow to Dow moves shall remain as is in the contract with detention removed
from the rate.
Inbound moves to Dow from outside vendors collect under the Dow contract
must be changed back to the old rates with detention included in the rate,
3 hours free time and detention billed at $45.00 per hour per the original
contract.
Estimated annual impact is for total freight $'s is $500,000.
Should anyone have any questions, comments or concerns, please let me know.
Jim Keeler...
Author: Jim Keeler at Executives
Date: 8/9/96 2:00 PM
Priority: Normal
TO: Steve St. Jean at Executives
TO: Tim Shumake at Executives
TO: Melissa Nance at Executives
TO: Mike Preston at Executives
TOP Vernon Ledford at Executives
TO: Dwayne Colwell at Executives
TO: Steve Wheeler at Executives
TO: Sally Horning at Executives
Subject: MULTI COMPT TANK CLEANING @ DOW CONTRACT
- -------------------------------- Message Contents -----------------------------
There appears to be continued confusion as to the billing rules for multi
compartment tank cleanings for the Dow contract. I discussed this issue
with Mike Humphreys yesterday and following is how the provision is to
work:
1. S.A.C. provision in the Dow contract contains an item under "special
equipment and service", Item A: $90 for compartmented trailers.
This item is to cover the additional cost of cleaning a multi
compartment trailer, regardless of the # of compartments.
2. Line haul charges in the Dow contract are the same for both single and
multi compartment shipments unless specifically segregated, which we
have in many instances.
If anyone has any questions please let me know. Again, $90 add-on
regardless of # of compartments on multi-c trailer to cover extra cleaning
costs.
Sally, please pass along to Georgianna as she is not on cc:mail.
Thanks, Jim Keeler....
Author: Jim Keeler at Executives
Date: 8/9/96 1:51 PM
Priority: Normal
TO: George Ciarlone at Executives
TO: Lorena Kilroy at Executives
TO: Sally Horning at Executives
Subject: DOW UPDATED CONTRACT
_------------------------------ Message Contents -------------------------------
Should have the updated Dow contract with zero detention rates in our hands
week of 8/12/96. Being FEDEXED to my office for Saturday dely. I will
review Monday and forward.
Sally, would you be so kind as to pass this info along to Georgianna as she
is not on cc:mail.
Thanks, Jim Keeler..
Page: AIII-1 Rev 3 Date 4/1/96
Dow:
CLEA:
APPENDIX III
------------
MEASUREMENT PROGRAM FOR QUALITY PERFORMANCE
-------------------------------------------
Carrier and Shipper mutually agree to review Carrier's service performance at
the end of each calendar quarter of the term of this Agreement. For the purpose
of this performance incentive, a service failure is defined as any
carrier-related non-conformance reported via the Dow North America Quarterly
Carrier Performance Summary shown below.
Carrier's service performance shall be calculated as the total number of Carrier
controllable failures in the immediately preceding quarter divided by the total
number of carrier loads in that quarter, multiplied by 100 to convert to a
percentage. This result will then be subtracted from 100 to arrive at the
Carrier's quarterly performance rating.
Incentives and penalties will be calculated as a percentage of the total
linehaul charges for the quarter for which the quarterly performance rating is
calculated. Incentives and penalties will be paid within forty-five (45) days of
the end of said quarter. Incentives and penalties will be calculated using the
scale shown below. Maximum incentive or penalty shall be $25,000 per quarter.
Performance Level Incentive/(Penalty)
----------------- -------------------
o greater than 98.5% 1%
o 95-98% 0%
o less than 95% (1%)
o Denotes Change
Page: AIV-1 Date 5/6/96
Dow:
CLEA:
APPENDIX IV
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
We hereby agree to pay a fuel surcharge of 2% added to the total line-haul
charge effective May 6, 1996, until further notice.
This supersedes all other fuel surcharge provisions in effect prior to May 6,
1996.
Author: Jim Keeler at Executives
Date: 7/26/96 9:06 AM
Priority: Normal
TO: Lorena Kilroy at Executives
Subject: Re: DOW
- ------------------------------- Message Contents -------------------------------
Yes, I confirm: RA30's will trigger transaction updates. I will discuss with Dow
need to speed up contract process.
Jim Keeler...
- -------------------------------- Reply Separator -------------------------------
Subject: DOW
Author: Lorena Kilroy at Executives
Date: 7/25/96 8:50 AM
Jim,
Just to confirm your voicemail message today .... as you indicated you give
your okay to implement rates for Dow off your RA30 in lieu of a signed contract
page. You also agreed that you would discuss with Dow that they need to speed up
their process of contract page implementation and that you would confirm their
changes vs the RA30 information.
Please respond with your confirmation of this information.
Thanks Lorena
TO: MARIO CELII
CC: RON KNAPP
TOM SCHUBERT
JIM KEELER
JOANN HAGELIN
GEORGANNA D'ARCHANGELO
STEVE HAMILTON
JEFF WILSON
FROM: GEORGE CIARLONE
DATE: 6-05-96
SUBJECT: DOW DETENTION
You have requested the following information be confirmed in writing.
The MINIMUM CHARGES that will apply in connection with the Dow Chemical
linehaul rates are as follows:
MILES MIN. CHG
0-10 $210
11-25 $250 (CHANGED FROM $275)
26-50 $290
51-75 $300
76-100 $375
101-125 $433
126-150 $480
151-175 $515
176-200 $575
201-225 $585
The actual linehaul charge will be the GREATER of the actual movement
charge (contract linehaul charge + all detention hours (ld+unld)@ $32/hr) or the
Minimum Charge.
The Minimum Charges stated above will apply ONLY in connection with the
following Contracts:
4015
4630
4800
===============================================================================
CHEMICAL LEAMAN TANK LINES, INC.
REQUEST FOR RATE PUBLICATION
NEW CUSTOMER CREDIT APPROVED BY: EXISTING
Mr Michael W. Humphreys Date September 1, 1995
--------------------------------- ------------------
Company The Dow Chemical Company Contract Dow
--------------------------------- ------------------
Address 2020 Dow Center Addendum
--------------------------------- ------------------
City/State/Zip Midland, MI 48674 Tariff
--------------------------------- ------------------
Telephone 517-636-3397 Eff. Date September 18, 1995
--------------------------------- ------------------
CONTRACT TYPE: Prepaid/Collect/Other PPD/COLL Exp. Date October 1, 1996
----------- ------------------
===============================================================================
CONTRACT MAILING INSTRUCTIONS:
Mail to Customer X Return to Salesperson
------------- ---------------------
Copies to: J.V. Keeler/Atlanta
-------------------------- ---------------------
R. E. Stoll/Pittsburgh, PA
-------------------------- ---------------------
Copy Terminal Mgr/Trm. No.:
-------------------------- ---------------------
===============================================================================
SHIPPER/ORIGIN CONSIGNEE/DESTINATION COMMODITY (LIQ/DRY)
1. Dow Chemical Dow Chemical Accessorial Charges
-------------------- --------------------- -----------------------
Billing Criteria: Rate/Min.
1 2 3 4
2.
-------------------- --------------------- -----------------------
Billing Criteria: Rate/Min.
1 2 3 4
COMMENTS: Add following provision to Dow Contract: If inbound line haul charges
---------------------------------------------------------------------
are rated from another shipper's contract Dow contract accessorial
---------------------------------------------------------------------
charges shall apply.
---------------------------------------------------------------------
DOW CONTRACT UPDATE BEING SENT FROM JOYCE MASON/MIDLAND, MI
BILL TO ADDRESS:
-----------------------------------------------------
(if other than above)
-----------------------------------------------------
===============================================================================
TANK CLEANING: Per CLEA 100 Rules Tariff ----- Other than CLEA 100 Tank Cleaning Charge
-----
Commodity: Charge: $ Always Charge When Cleaned
----------- ----- ------------
Commodity: Charge: $ Always Charge When Cleaned
----------- ---------- ----- ------------
ALL ACCESSORIALS WILL BE BILLED IN ACCORDANCE WITH CLEA 100 UNLESS EXCEPTIONS
ARE NOTED BELOW
Exceptions:
----------------------------------------------------------
===============================================================================
J.V. Keeler/Atlanta
Account Mngr: J.V. Keeler/Atlanta NAD: R.E. Stoll/Pittsburgh
------------------------- ---------------------
RGM Signature: Date Approved:
------------------------- ---------------------
Submitted By: J.V. Keeler/Atlanta Date Received:
------------------------- ---------------------
RA-30 6/93
===============================================================================
Page: AI-1 Rev 2 Date 6/17/96
Dow:
CLEA:
APPENDIX I
BULK
ADDITIONAL CONTRACT PROVISIONS
1. COMMON CARRIER SERVICE NOT EXCLUDED
The normal operations of Carrier as a motor Common Carrier shall not be affected
by this Contract, nor shall Carrier be precluded from performing transportation
services for Dow as a Common Carrier in connection with transportation services
outside the scope of this Contract.
2. COMPUTATION OF MILEAGE
Distances between all points shall be based upon Rand McNally MILEMAKER System
as determined from the Household Goods Carriers' Bureau Mileage Guide No. 14 or
reissues thereof.
3. CONDITION OF TANKS TENDERED FOR LOADING
Carrier will supply "clean, dry, and free of contaminating odor" tank equipment
of the type needed for the product involved. Pumps and hoses must be free of
contaminants, and hose ends (when not in use) must be protected from
contamination.
o 4. DETENTION
(a) Except as otherwise more specifically provided for in Appendix II of
this Contract, no free time will be allowed for loading at any Dow or
Dow designated location and no free time will be allowed for unloading
at any consignee's location.
(b) Paragraphs not brought forward
(f) are hereby canceled Effective: 06-17-96
o Denotes Change
Page: AI-2 Rev 1 Date 6/17/96
Dow:
CLEA:
(c) Carrier will provide quarterly reports which show the following:
(1) average load time by plant
(2) average unload time by customer
(d) Time for loading is to be computed from the time of arrival of
Carrier's equipment at the Dow gate to the time of departure from Dow's
gate. Time for unloading is to be computed from the time of arrival of
Carrier's equipment at any consignee's gate to the time of departure
from consignee's gate.
5. CANCELLED VEHICLES
Except as otherwise provided (see Exception), when a tractor-trailer unit is
ordered by Dow and such order is subsequently cancelled or postponed by Dow
after the vehicle has been dispatched from the Carrier's terminal, the charges
in the S.A.C. will apply. In addition, the terms of Provision No. 4 will apply,
except that no time without charge shall be allowed.
Exception: When the vehicle ordered is subsequently cancelled for the shipment
of the commodity for which it was specifically ordered, but such
vehicle is used in the shipment of the same commodity to a different
destination, or is used in a shipment of a different commodity to the
same destination or a different destination, the terms of this
Provision will not apply if the vehicle, as presented, is acceptable
for loading without cleaning, and if the vehicle is of an acceptable
capacity to Dow. Furthermore, if cancellation is communicated to
Carrier more than four hours prior to scheduled departure, this
Provision does not apply.
6. DIVERSION OR RECONSIGNMENT
Shipments moving on rates named in this Contract may be diverted or reconsigned
in transit or at billed destination, subject to the following conditions:
o Denotes Change
Page: AI-3 Rev 1 Date 9/1/95
Dow:
CLEA:
(a) The term "Diversion or Reconsignment" means change in the name of
consignee and/or destination of the entire shipment, or any other
instructions given to the Carrier requiring an addition to, or change
in, billing necessary to effect delivery or involving an additional
movement of equipment.
(b) On shipments diverted or reconsigned to a place of unloading within the
corporate limits of the municipality to which the shipment was
originally consigned, the applicable rate from point of origin to
destination will apply, In addition to the charge provided in the
S.A.C.
(c) On a shipment diverted or reconsigned to a place of unloading not
within the corporate limits of the municipality to which the shipment
was originally consigned, the applicable rates (see Exception) shall be
determined from mileage tables hereon based on the mileage from point
of origin to final destination over the route of actual movement as per
Dows' instruction computed in accordance with Provision No. 2, and will
apply in addition to the charges provided in the S.A.C.
Exception: When point of diversion or reconsignment is on the most
direct highway route and is intermediate to the final
destination, the rate to the final destination will apply.
(d) On such movement, freight charges will be computed on the actual loaded
movement miles.
(e) The charge, (see S.A.C.) for each diversion or reconsignment, is in
addition to all other applicable charges. This charge will be billed to
company requesting diversion or reconsignment.
(f) Time consumed in waiting for orders under this provision will be
considered part of unloading time, and detention charges will be
assessed as provided in Provision No 4 above, if time without charge
has elapsed.
(g) A request for diversion or reconsignment must be made or confirmed in
writing by the shipper. (Preferably with an amended bill of lading or
shipping notice being presented to the Carrier.)
Page: AI-4 Rev 1 Date 9/1/95
Dow:
CLEA:
7. HOSE
When hose is required or requested to effect either pickup or delivery, or both,
of a single shipment, then either a two, three, or four inch inside diameter
hose length(s) will be provided. All hoses will be provided without charge.
8. REJECTED SHIPMENTS
If, for any reason not ascribable to the Carrier or its personnel, a shipment is
rejected by the consignee at destination, notification to Dow shall be given in
writing, telephone, or telegraph, requesting disposition.
The charges to be applied on such rejected, returned shipments shall be in
accordance with the S.A.C. as applied to the outbound shipment rates as
published from the original point of origin to the original point of destination
on the date of the resumed shipment and shall be based on the actual weight of
the product returned. Time consumed waiting for orders under this provision will
be considered as part of unloading time, and detention charges will be assessed
in accordance with Provision No. 4.
9. SPOTTING NON-POOLED SEMI-TRAILERS FOR LINE HAUL MOVEMENTS OR STORAGE
(a) Except as otherwise provided, when, for Dow's convenience, Carrier is
requested or required to place and leave a single semitank on the
premises of Dow, or any other practical site they may designate for the
purpose of loading or unloading for a line haul movement a charge in
accordance with the S.A.C. for each 24 hour period or fraction thereof
will apply.
(b) An allowance of one (1) hour without charge for spotting and one (1) hour
without charge for pickup will be allowed (see Provision No. 4).
(c) When, in connection with such spotting, it becomes necessary to move
tractor(s) without semi-trailers, the charges in the S.A.C. will apply
covering the movement of such tractor(s) for the miles travelled from and
the miles travelled to return to the carriers terminal from which the
tractor(s) was(were) dispatched.
(d) When spotting is for the purpose of storage, the conditions and charges
will be negotiated on a local basis and shown in Appendix II for that
site location.
Page: AI-5 Rev 1 Date
Dow:
CLEA:
(e) Carrier agrees that Dow may move Carrier's trailers within Dow's
premises, however, Dow will be responsible for any damage incurred to
trailers during such movement.
(f) Dow will be liable for tank cleaning charge as provided in the S.A.C., if
applicable, when trailer is released from spotting.
10. SUNDAY AND HOLIDAY SHIPMENTS
If Carrier is required by Dow to load, pick-up, unload, or actually deliver on a
Sunday or Holiday, the charge in the SAC will apply on a per unit basis.
The intent is to compensate Carrier for "call-out" of local drivers to perform
this work. The charge does not apply if the shipment is enroute over a Sunday or
Holiday, but is loaded or unloaded (picked up or delivered) on any other day.
The term "holiday" is hereby defined to include the following days or the day on
which they are celebrated:
New Year's Day Independence Day Thanksgiving Day
Good Friday Labor Day Christmas Day
Memorial Day
Carrier reserves the right to perform service on Sundays and Holidays (not
requested but consented to, by shipper upon Carrier's request) for operating
reasons, in which case extra charges herein do not apply.
11. STOP-OFF IN TRANSIT TO COMPLETE LOADING AND/OR FOR PARTIAL DELIVERY
(a) Except as otherwise provided, shipments may be stopped in transit to
complete loading and/or partial delivery.
(b) A shipment loaded at two or more places within the corporate limits of a
single point of origin and/or delivered to two or more places within the
corporate limits of a single destination, shall be considered as being
stopped in transit to complete loading and/or partial delivery under the
conditions of this provision.
(c) A shipment stopped in transit for partial delivery may be delivered to
two or more consignees within the corporate limits of a single
destination or may be delivered to two or more consignees at two or more
destinations.
Page: AI-6 Rev 1 Date 9/1/95
Dow:
CLEA:
(d) To determine the mileage on shipments loaded at two or more places
within the corporate limits of a single point of origin and/or delivered
to two or more places within the corporate limits of a single
destination, except as otherwise provided, see paragraph (f) of this
provision.
(e) To determine the mileage on shipments loaded at two or more places which
are not all within the corporate limits of a single point and/or
delivered to two or more places which are not all within the corporate
limits of a single destination, except as otherwise provided, see
paragraph (f) of this provision.
(f) To determine the applicable mileages for shipments made in paragraphs
(d) and (e) of this provision, the Rand McNally MILEMAKER will apply and
shall start at the point of loading and include the miles travelled by
the vehicle via all stop-in-transit points to final destination or to
the point at which the vehicle discharges the last portion of its cargo.
Mileages so computed shall be used to determine the applicable rate for
the entire shipment and shall apply on the number of gallons or pounds
of commodity loaded at origin, subject to the minimums provided herein.
(g) In addition to all other lawful charges, an additional stop off charge,
as stated in the S.A.C., will apply. Such charge shall not be assessed
at the origin or final destination.
(h) Aggregate total loading or unloading times will be charged for in
accordance with Provision No. 4.
12. WEIGHING VEHICLES
Unless otherwise provided, freight charges shall, at Dow's option, be based on
one of the following methods of weight determination:
(a) The description of the commodity and the weight of the shipment shall be
shown by Dow on the shipping order or bill of lading.
(b) Dow shall show on shipping order or bill of lading the specific gravity
at temperature loaded.
(c) Dow shall show on shipping order or bill of lading the weight per gallon
at temperature loaded.
Page: AI-7 Rev 1 Date: 9/1/95
Dow:
CLEA:
(d) The party which requests independent weighing of a shipment should pay
weighing charge and all ensuing charges related to time and distance.
In the absence of election of one of the foregoing methods, where a vehicle
is weighed on public scale at the request of Dow or consignee, a charge
(see the S.A.C.) shall be assessed for each weighing in addition to all
other lawful charges.
Time consumed in weighing vehicle, before or after loading, or both, at the
point of shipment, shall be considered as part of time for loading and
subject to charges set forth in Provision No. 4.
Time consumed in weighing vehicle, before or after unloading, or both, at
the point of destination, shall be considered as time for unloading and
subject to charges and other provisions as set for in Provision No. 4.
Carrier shall provide Dow and/or consignee with a calibration chart for the
trailer utilized.
13. ACCESSORIAL AND EMERGENCY SERVICES
Accessorial and emergency service will be provided, if practicable, and
such service charges shall be in accordance with the S.A.C.
On Sundays and Holidays, time shall begin when Carrier's equipment leaves
Carrier's terminal and continue until equipment is returned to the
Carrier's terminal from which dispatched. Weekdays time will be computed
Dow gate to gate. Any delay directly attributable to the Carrier will be
subtracted from the total time. Time of equipment departure and arrival at
the terminal will be indicated on the bill of lading or freight bill for
each shipment.
13A. ASSISTANCE FROM OR EVACUATION OF POWER VEHICLE BY SECOND
DRIVER-LOADING/UNLOADING
When a two-person sleeper team is required to handle a shipment and Dow or
the consignee requires the second person to assist in loading and/or
unloading or to evacuate the power vehicle a charge (see the S.A.C.) will
apply. Time to be computed from the time the Carrier's equipment arrives at
the loading or unloading gate until the time the Carrier's equipment
departs from the loading or unloading gate.
Page: AI-8 Rev 1 Date: 9/1/95
Dow:
CLEA:
Charges set forth in the S.A.C. will be in addition to all other applicable
charges and shall be paid by the party requesting this service.
14. TANK CLEANING AND HEEL DISPOSAL
When Carrier is requested to furnish a trailer for the transportation of
products, which, because of its inherent nature requires cleaning and waste
disposal before the trailer can be returned to service, the charges set
forth in the S.A.C. will apply on the initial loading. These charges are in
addition to all other lawful charges assessed against the shipment.
Charges shall not be made on subsequent loading of the same trailer so long
as said trailer remains continuously in the exclusive use of the same
consignor, unless such consignor requests that the trailer be cleaned after
delivery of any of these loadings, in which case the applicable additional
charges shall be applied on the next loading of these products following
such requested cleaning.
When two or more products are shipped at one time in a compartmented
trailer, the applicable cleaning charge will be the highest applicable
charge on any product in the trailer.
15. SPECIAL EQUIPMENT AND SERVICE
When special equipment as listed below is required or requested by the
consignor or consignee prior to movement of the shipment, such equipment,
if available, will be furnished by Carrier subject to charges in the S.A.C.
Air Blowers, Air Compressors, Air Dryers, Nozzles, and Pumps will be
provided, as requested, without charge.
(a) Compartmented Trailers.
(b) Heating-in-transit Service: Except as otherwise provided, Carrier
will, upon request of consignor or consignee, furnish, if available, a
trailer and/or tractor equipped with a controlled heating-in-transit
system subject to the charges in the S.A.C.
(c) Heating Service: When, upon request, of consignor or consignee, a
shipment is stopped in transit for the purpose of heating the lading
by steam or any other means, the charges in the S.A.C. will apply.
Page: AI-9 Rev 1 Date: 9/1/95
Dow:
CLEA:
Carrier will apply heat for the length of time prescribed by the consignor
or consignee. Heating time will be deemed to start at the time heat is
applied to the lading and shall end when the heat is removed.
It shall be the responsibility of the consignor or consignee to make
arrangements for the use of steam and other heating facilities at its own
expense, although Carrier will, if requested, attempt to locate such
facilities and make arrangements for their use provided, however, that the
consignor or consignee shall agree to be responsible for any expense
incurred for the use of such facilities.
Time consumed by heating at consignor's site of pick up and/or consignee's
site of delivery shall be considered as loading and/or unloading time and
shall be charged for as provided in Provision No. 4.
All charges set forth in this provision shall be in addition to all other
lawful charges assessed against the shipment.
16. OVERNIGHT AND WEEKEND LAYOVER
OVERNIGHT
(a) When Carrier's vehicle arrives at point of loading, unloading,
stop-off and/or final destination between 8:00 a.m. and 4:00 p.m. on a
day between Monday and Friday, inclusive or on Saturday or Sunday if
so requested by Dow or consignee, and Dow or consignee cannot complete
loading and/or unloading on the date of arrival, the time the vehicle
is detained between 8:00 a.m. and 5:00 p.m., or the time the driver is
released if later than 5:00 p.m., will be charged for according to the
terms of Provision No. 4. If the vehicle (tractor and/or trailer) is
detained until 8:00 a.m. the following morning at such point, or in
the vicinity thereof, and the driver is not required to remain on
duty, the terms of Provision No. 4 will not apply from 5:00 p.m. until
8:00 a.m. the following morning and in lieu thereof, the charges in
the S.A.C. for Single Driver or Sleeper Team for each overnight
layover will apply.
If the vehicle (tractor and/or trailer) is further detained, charges
outlined above or in paragraph (b) below, as applicable, will be the
same as if the vehicle had just arrived, except that no time without
charge as provided for in the terms of Provision No. 4 will apply.
Page: AI-10 Rev 1 Date: 9/1/95
Dow:
CLEA:
WEEKEND LAYOVERS
(b) When Carrier's vehicle arrives at point of loading, unloading,
stop-off and/or final destination between 8:00 a.m. and 5:00 p.m. on a
Friday, and Dow or consignee cannot complete loading and/or unloading
on the day of arrival, the time the vehicle is detained between 8:00
a.m. and 5:00 p.m., or the time the driver is released if later than
5:00 p.m., will be charged according to the terms of Provision No. 4.
If the vehicle (tractor and/or trailer) is detained over the weekend
until 8:00 a.m. Monday at such point, or in the vicinity thereof, and
the driver is not required to remain on duty, the terms of Provision
No. 4 will not apply from 5:00 p.m. on Friday, or the time the driver
was released if later than 5:00 p.m. until 8:00 a.m. Monday morning
and, in lieu thereof, the charges in the S.A.C. for Single Driver or
Sleeper Team for such weekend layover will apply.
If the vehicle (tractor and/or trailer) is further detained, charges
outlined in paragraph (a) will apply the same as if the vehicle had
just arrived, except that time without charge as provided for in
Provision No. 4 will apply.
When Carrier's vehicle arrives at point of loading, unloading, stop-off and/or
final destination at a time other than between 8:00 a.m. and 5:00 p.m. and, when
due to compliance with Dow and/or consignee instructions, a layover is required
to complete loading and/or unloading, charges for detention time after 5:00 p.m.
as provided in paragraph (a) and (b) above, whichever applies will be
applicable.
17. SERVICE PERFORMANCE
Carrier understands and agrees to have its performance measured by Dow
using the "Measurement of Quality Performance" methodology, a copy of which
is made a part of this Contract as Appendix III.
18. CLEANING AND WASTE DISPOSAL
Carrier warrants that he will perform all duties of a "generator" as
identified by the EPA in 40 CRF 260.10 and that any cleaning facilities
used will meet all Resource Conservation and Recovery Act requirements.
Page: AI-11 Rev 1 Date: 6/17/96
Dow:
CLEA:
19. DRUMMING FROM TANK TRAILERS
Carrier will not off-load hazardous materials (as defined by DOT) from
trailers into drums. If consignee should request Carrier to do this,
Carrier shall refuse and notify Dow of same. Products designated as
combustible are exempt from this policy.
20. CURRENCY
Freight rates and/or charges applicable under the terms or Provisions of
this Contract shall be stated and payable in U.S. funds only.
21. ALTERNATION OF RATES
In Appendix II, where there is a conflict between tabular rates (mileage
based) and point-to-point commodity rates, the rate that produces the
lowest line haul transportation charge will apply.
When shipments to, from, and between the United States and Canada are
tendered and when there is a Dow Canada and a Dow U.S.A. contract, then the
lowest contract freight rate in either contract will apply on either a
prepaid or collect basis and the payment will be in U.S. funds only.
22. ARBITRATION
If any disputes or differences in interpretation arise other than provided
under Provisions 1 through 21 above, such disputes will be resolved by
negotiations between the two parties or by a mutually agreed upon
arbitrator.
23. SCHEDULE OF MINIMUM CHARGES
Schedule of Minimum Charges is based a one-way billed miles scale and flat
minimum charges. See Item 23 of the SAC for scale and flat charges.
*Denotes Change
Page: SAC-1 Rev 4 Date: 6/17/96
Dow:
CLEA:
THE DOW CHEMICAL COMPANY
UNIFORM BULK MOTOR CARRIER CONTRACT
STANDARD ACCESSORIAL CHART
PROVISION (NO.) CHARGE
- -------------------------------------------------- -----------------------------------------------------
Detention (4) ` $8.00 per 1/4 hour increment or fraction thereof
(billed in monthly statements) LOA, UNL (ACON)
Cancelled Vehicle (5) $140 XLD (ACON)
Diversion/Reconsignment (6) $35 REC (ACON)
Rejected Shipments (8) 50% Of outbound line haul rates; minimum of $165
and minimum of $1.30/mile. REJ
Spotting for Line Haul Movements (9) $110 Each 24 hour period or fraction thereof SPL, SPU (ACON)
Tractor only: $1.41/mile; $65 minimum DHL, DHU (ACON)
Spotting for Storage (9) Determined by local contract terms and charges as
listed in Appendix II
Sunday and Holidays (10) $195 PRE .00 $195.00 min (ACON) TRFI min + max $195.00
Stop-off Intrasit (11) $45 STO (ACON)
Weighing Vehicles (12) $20 SCL, SCU (ACON)
Accessorial and Emergency Service (13) Sunday and Holidays: 01:8905L
$45 each hour; 8 hours minimum UN#608402
All other days: 01:8906L
$45 each hour; 8 hours minimum UN#608401
Assistance from or Evacuation of $5 For each minute period or fraction thereof
Power Vehicle by Second Driver: will be assessed if second driver is required to
Loading/Unloading (13A) assist in loading/unloading or evacuate from his unit
Tank Cleaning and Heel Disposal (14) A. $125 Standard products (ACON)
B. $190 (See Attachment A) TCLN
C. $500 (See Attachment A) SCREEN
D. Determined by local contract terms and charges
as listed in Appendix II
*Denotes Change
Page: SAC-2 Rev 2 Date: 9/18/95
Dow:
CLEA:
THE DOW CHEMICAL COMPANY
UNIFORM BULK MOTOR CARRIER CONTRACT
STANDARD ACCESSORIAL CHART
PROVISION (NO.) CHARGE
- -------------------------------------------------- -----------------------------------------------------
Special Equipment and Service (15) A. $90 For compartmented trailers CTC (ACON) .00 $90 min.
B. $45 Heating-in-transit (tractor only)
$85 Heating-in-transit (tractor and trailer) HIT (ACON)
C. Heating Service:
STOP OFF IN-TRANSIT FOR PURPOSE
OF HEATING
Note A Note B
$45 $11 Weekdays (excluding
holidays)
$55 $13 Saturdays
$65 $17 Sundays and holidays
Note A: Applies for the first hour or fraction
thereof.
Note B: Applies for each additional
fifteen minutes or fraction thereof.
Overnight and Weekend Layovers (16) $200 single driver -- overnight LCN
$275 sleeper team -- overnight LSN
$600 single driver -- weekend LCW (ACON)
$1,760 sleeper team -- weekend LSW
* If inbound line haul charges are rated
from another shipper's contract, Dow
contract accessorial charges will apply (17) Accessorial override
*Denotes Change
Page: II-1(AP) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
ALLSYN'S POINT
--------------
ACCESSORIAL CHARGES:
- --------------------
Except as otherwise provided, the rates and charges contained herein are subject
to the CLEA 100 Tariff Series.
EQUIPMENT ON LONG-TERM STORAGE: $100/day
- -------------------------------
Item 100
- --------
Origin: Allyn's Point, CT
Commodity: Liquid Commodities transported in single compartment MC-307
trailer
Flat Rate/
Destination Charge Loaded Mile
----------- ------ -----------
01:0104L ME; Corinth, NY; Fulton, NY -- 01:0111L -$64 + $2.65
01:0103L CT, NH, NJ (Zips 070-079, 085,086, 088,089; Nassau - 64 + 3.44
and Suffolk counties), NY (points not otherwise
listed that are less than 140 highway miles from
origin), RI, VT
01:0102L Tildale, GA (Dalton, GA) - 64 + 2.22
01:0163L Tyrone, PA - 64 + 2.98
01:0101L Points in US (except provided for above) - 64 + 2.27
01:0100L Points in Canada - 64 + 3.49
Sunday charge not applicable SUN (AiTE)
NOTE: Tank cleaning charge of $180 when cleaned for
shipments destined for points in Maine. TCL
(AiTE) 01:0104
*Denotes Change
Page: II-2(AP) Rev 3 Date: 11/05/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 200 01:0110L
- --------
Origin: Allyn's Point, CT
Destination: Points in U.S.
Commodity: Plastic Pellets
Toll Charge: Tolls outside of rates TL1 -- AC (AiTE)
Miles Flat Charge Rate/Mile
----- ----------- ---------
0 - 300 -$128 + $3.20
301 - 500 -128 + 3.00
501 & Over -128 + 2.85
Item 300 01:0162L
- --------
Origin: Allyn's Point, CT
Destination: Points in Canada
Commodity: Plastic Pellets
Rate: -$128 flat charge + $3.10/loaded mile
Toll Charge: Tolls included in rate TL1 -- IR (AiTE)
Item 400 01:0277L
- --------
Origin: Petrolia, PA
Destination: Allyn's Point, CT
Commodity: Liquid Commodities in single compartment MC-307 trailer
Rate -$128 flat charge + $1.75/loaded mile
Item 500 33:0290L
- --------
Origin: Allyn's Point, CT
Destination: Messena, NY
Commodity: Plastic Pellets in single compartment trailers
Rate $1,029/shipment
*Denotes Change
Page: II-3(AP) Rev 2 Date 12/06/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 600 01:0105L
--------
Origin: Allyn's Point, CT
o Destination: Bridgeport, NJ and Deepwater, NJ
Commodity: Hazardous Waste, liquid in dedicated single compartment
trailers
Rate: $800/shipment
Tank Cleaning $200, when cleaned TCL:(AITE)
Charge:
NOTE: Rate applies to shipments handled in round trip
transportation only.
Item 700 01:0107
--------
Origin: Allyn's Point, CT
Destination: Allyn's Point, CT
Commodity: In-plant storage trailers
Rate: $650 per month per trailer
- -------------------
o Denotes Change
Page: II-1(B) Rev 1 Date 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
BALTIMORE
o Item 100 01:0112L
--------
Origin: Baltimore, MD (Bids Terminal)
Commodity: Dry Bulk
Miles Flat Charge Rate/Mile
----- ----------- ---------
0 - 100 $ 79 + $3.18
101 - 200 $ 95 + 3.01
201 - 400 $126 + 3.13
401 & Over $ 34 + 3.36
o Item 200
--------
Origin: Baltimore, MD
Commodity: Dry Plastic Pellets
Destination Rate/Shipment
----------- -------------
02:0109 Cockeysville, MD $197
01:0182 Winchester, VA 322
Page: II-1(C) Rev 2 Date 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
CHANNAHON
o Item 100
--------
Origin: Channahon, IL
Commodity: Liquid Commodities transported in single compartment
MC-307 trailers
Flat Rate/
Destination Charge Loaded Mile
----------- ------ -----------
01:0125L LA -$128 + $1.80
01:0130L AL, DC, DE, FL, IN, KY, MILES
MD, ME, MI, MS, NC, NH, 10-150 -128 + 3.00
SC, VT, VA 151 & Over -128 + 2.60
01:0272L OH -128 + 2.25
01:0273L OH (Counties of: Meigs, Gallia, -128 + 2.60
Lawrence, Scioto, Pike, Jackson
and Vinton)
01:0183L CT, MA, PA, NJ, NY, RI, WV, Ontario -128 + 2.10
01:0184L TN -128 + 2.60
01:0185L Tisdale, GA (Dalton, GA) -128 + 1.75
01:0186L GA (all other points) -128 + 2.25
01:0187L TX (Counties of: Brazoria, Chambers, -128 + 1.75
Ft. Bend, Galveston, Harris,
Jefferson, and Montgomery)
01:2090L TX (Dallas and Tarrant counties) -128 + 2.25
01:0188L TX (all other points) -128 + 2.50
01:0132L Points in US including Illinois -128 + 2.85
in continuation of an interstaate
move
01:0271L Points in Manitoba, Alberta, Quebec, -128 + 3.00
British Columbia, Saskatchewan
and New Brunswick
- -------------------
o Denotes Change
Page: II-1A(C) Rev 1 Date 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 150
--------
Origin: Channahon, IL
Commodity: Liquid Commodities transported in single compartment
MC-307 trailers.
Flat Rate/ Flat Rate/
Destination Charge Loaded Mile Destination Charge Loaded/Mile
----------- ------ ----------- ----------- ------ -----------
01:0189L Detroit, MI -$128 + $2.25 Huron, OH -$128 + $2.15 01:0217
01:0190L Freemont, MI -128 + 2.25 Middletown, OH -128 + 1.75 01:0218
01:0191 Grand Haven, MI -128 + 2.25 Perrysburg, OH -128 + 2.25 01:0219
01:0192L Grand Rapids, MI -128 + 2.25 Solon, OH -128 + 2.15 01:0220
01:0193L Holland, MI -128 + 2.25 Strongsville, OH -128 + 2.15 01:0221
01:0194L Kalamazoo, MI -128 + 1.75 Tallmadge, OH -128 + 2.15 01:0222
01:0195L Midland, MI -128 + 1.75 Toledo, OH -128 + 2.25 01:0223
01:0196L Plymouth, MI -128 + 2.25 Twinsburg, OH -128 + 2.15 01:0224
01:0197L Pontiac, MI -128 + 2.25 Urbana, OH -128 + 2.15 01:0225
01:0198 Saranac, MI -128 + 2.25 Van Wert, OH -128 + 2.25 01:0226
01:0199 Utica, MI -128 + 2.25 Xenia, OH -128 + 1.95 01:0227
01:0200L Wyoming, MI -128 + 2.25 Canadian
01:0201L Warren, MI -128 + 2.25 --------
01:0202L Wyandotte, MI -128 + 2.25 Ajax, ON -128 + 1.75 01:0228
01:0203L Akron, OH -128 + 2.15 Bramalea, ON -128 + 1.75 01:0229
01:0204L Ashtabula, OH -128 + 2.15 Brampton, ON -128 + 1.75 01:0230
01:0205 Bedford, OH -128 + 2.15 Concord, ON -128 + 1.75 01:0231
01:0206L Berea, OH -128 + 2.15 Downsview, ON -128 + 1.75 01:0232
01:0207L Cincinnati, OH -128 + 1.95 Leaside, ON -128 + 1.75 01:0233
01:0209L Cleveland, OH -128 + 2.15 Maple, ON -128 + 1.75 01:0234
01:0210L Columbus, OH -128 + 2.15 Mississauga, ON -128 + 1.75 01:0235
01:0211L Coshocton, OH -128 + 2.15 Mitchell, ON -128 + 2.10 01:0236
01:0212L Cuyahoga, OH -128 + 2.15 Oakville, ON -128 + 1.75 01:0237
01:0213L Dayton, OH -128 + 1.75 Rexdale, ON -128 + 1.75 01:0238
01:0214L Dover, OH -128 + 2.15 Sarnia, ON -128 + 1.75 01:0239
01:0215L Evendale, OH -128 + 1.75 Weston, ON -128 + 1.75 01:0240
01:0216L Hamilton, OH -128 + 1.75
- -------------------
o Denotes Change
Page: II-2(C) Rev 1 Date 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 200
--------
Origin: Channahon, IL
Commodity: Liquid Commodities transported in multi-compartment
MC-307 trailers.
Flat Rate/
Destination Charge Loaded Mile
----------- ------ -----------
01:0241L Akron, OH -$128 + $3.05
01:0242L Ashtabula, OH -128 + 3.05
01:0243 Bedford, OH -128 + 3.05
01:0244L Berea, OH -128 + 3.05
01:0245L Cincinnati, OH -128 + 3.05
01:0246L Circleville, OH -128 + 3.05
01:0247L Cleveland, OH -128 + 3.05
01:0248L Columbus, OH -128 + 3.05
01:0249L Coshocton, OH -128 + 3.05
01:0250L Cuyahoga, OH -128 + 3.05
01:0251L Dayton, OH -128 + 3.05(1)
01:0252L -128 + 2.50(2)
01:0253L Dover, OH -128 + 3.05
01:0254L Evendale, OH -128 + 3.05(1)
01:0255L -128 + 2.50(2)
01:0256L Hamilton, OH -128 + 3.05(1)
01:0257L -128 + 2.50(2)
01:0258L Huron, OH -128 + 3.05
01:0259L Middletown, OH -128 + 3.05(1)
01:0260L -128 + 2.50(2)
01:0261L Perrysburg, OH -128 + 3.05
01:0262L Solon, OH -128 + 3.05
01:0263L Strongsville, OH -128 + 3.05
01:0264L Tallmadge, OH -128 + 3.05
01:0265L Toledo, OH -128 + 3.05
01:0266L Twinsburg, OH -128 + 3.05
01:0267L Urbana, OH -128 + 3.05
01:0268 Van Wert, OH -128 + 3.05
01:0269L Xania, OH -128 + 3.05
- -------------------
(1) Rate applies if no reload from Pilot/Middletown, OH
(2) Rate applies if trailer reloaded within 24 hour period from
Pilot/Middletown, OH
o Denotes Change
Page: II-3(C) Rev 5 Date 09/01/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 300 01:1001L
--------
Origin: Channahon, IL
Destination: Mississauga, ON with a stop-off for partial unloading at
Fort Erie, ON
Commodity: Liquid Commodities
Rate: $2,314/shipment
Item 400 01:0270L
--------
Origin: Channahon, IL
Destination: Points in the US and Ontario
Commodity: Liquid Commodities transported in multi-compartment
MC-307 trailer
Rate: -$128 flat charge + $3.05/loaded mile
Item 500 01:0280L
--------
Origin: Channahon, IL
Destination: Points in Manitoba, Alberta, Quebec, British Columbia,
Saskatchewan and New Brunswick
Commodity: Liquid Commodities transported in multi-compartment
MC-307 trailer
Rate: -$128 flat charge + $3.18/loaded mile
Item 600 01:0600L
--------
Origin: Channahon, IL
o Destination: Marlborough, MA
Midland, MI
Commodity: Liquid Commodities in ISO containers
Rate: $1.50/running mile; $800/month container lease charge;
CTS (AITE) $10.50/day chasis lease charge CHA (AITE)
Cleaning When cleaned
Charges:
Item 700 01:0700
--------
Origin: Channelview, TX
Destination: Channahon, IL or Joliet, IL
Commodity: Liquid Commodities in MC-307 single compartment, rear
discharge, reloadable trailers
Rate: -$128 flat charge + $1.75/loaded mile
- --------------------
o Donotes Change
Page: II-1(F) Rev 2 Date 12/13/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
FREEPORT
Accessorial Charges: All accessorial charges not specifically covered
by Dow Master Contract to be billed per CLEA
100 series.
(MON/SAT) (SUN/HOL)
04:4005L 04:4006L
Item 100
--------
Intraplant Work: When upon request of the shipper, carrier provides
a unit for intraplant work, a charge of $45.00/hour,
or fraction thereof, shall apply, subject to a 4
hour minimum Monday thru Saturday and 8 hour
minimum on Sunday and holidays.
o Spotting and/or $55.00 flat charge. If service takes more than one
Pickup Service on (1) hour, bill extra time at intraplant rate of
Tanks & Containers $45.00/hour, or fraction thereof, subject to 8 hour
Spotted for Storage: minimum on Saturdays. ELA (AITE) 04:4005 AND 04:4006
Rental Charges: $70/day for plant storage trailers and ISO containers
on 20' and 40' chassis. 04:4444L
Dry Disconnects: When dry disconnects are required for delivery, an
additional charge of $200 will apply to all shipments
transported in non-dedicated equipment. DRD (AITE)
Idle Day Charges: $50/day except Saturday, Sunday & Holidays on TDI
Trailers 6-245, 6-246, 6-967, 7-263. 05:8954L
IDL (AITE)
$50/day except Saturday, Sunday & Holidays on
magnesium chloride trailer 8-065. 05:8955L IDL (AITE)
Page: II-2(F) Rev 1 Date 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 200
--------
Origin: Points in Texas
Commodity: General Chemicals in stainless steel single compartment
trailers in non-dedicated, reloadable service.
Destination Flat Charge Rate/Mile
----------- ----------- ---------
04:4500L CT, DE, GA, IL, IN, KY, MA, MD, $ 37 + $2.26
MI (Except Midland), NC, NJ, NY,
OH, PA, RI, SC, VA, WI, WV, ON
and PQ
04:0400L Canada except ON and PQ 56 + 3.00
04:4505L AL, MS, MO, TN -128 + 2.58
04:4510L CA -128 + 2.60
04:4525L LA -128 + 2.14
04:4515L All other states except TX and as -128 + 2.81
otherwise provided herein
Item 300 04:4520L - TDI 04:4521L - Other Products
--------
Origin: Points in Texas
Destination: Points in U.S. and Canada
Commodity: Non-reloadable shipments made on a dedicated
basis; includes TDI and dry products,
magnesium chloride and bulk containers.
Rate: $3.00/loaded mile + $56
Cleaning: $835 on TDI shipments TCL - Always bill (AITE on 04:4520)
Page: II-2A(F) Rev 1 Date 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 350
--------
Origin: Freeport, Texas
Commodity: Latex liquid
Fixed
Destination Rate/Shipment Rate/Mile
----------- ------------- ---------
04:4901 Courtland, AL -$128 + $2.81
04:4902 Mobile, AL -128 + 2.22
04:4903 Naheola, AL -128 + 2.81
04:4904 Pennington, AL -128 + 2.58
04:4905 Crossett, AR -128 + 2.60
04:4906 Ft. Smith, AR -128 + 3.18*
04:4907 San Marcos, CA -128 + 2.60
04:4908 Tucker, GA -128 + 2.45
04:4909 St. Francisville, LA -128 + 2.14
04:4910 Midland, GA -128 + 1.75
04:4911 Canton, GA -128 + 2.39
04:4912 N. Philadelphia, OH -128 + 2.39
04:4913 Portland, OR -128 + 2.81
04:4914 Aiken, SC -128 + 2.42
04:4915 Evadale, TX 759 --
04:4916 Houston, TX 401 --
04:4917 Pasadena, TX 440 --
Canadian
--------
04:4918 Varennes, PQ -128 + 1.75
*Requires center unload trailer
Page: II-3(F) Rev 1 Date 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 400 04:4521L
--------
Origin: Points in Texas
Destination: Points in Mexico
Commodity: Liquid Commodities
Rate: $3.00/loaded mile + $56
On shipments to Mexico to be transported via the
international boundary at any point in Texas, an extra
charge of $200/round trip crossing will be applicable
in addition to all other charges.
o Item 500 04:4590L
--------
Origin: Points in Texas
Destination: Points in U.S, (except Texas) and Canada
Commodity: Liquid Commodities transported in multi-compartment trailer.
Rate: -$128 flat charge + $2.85/loaded mile
o Item 600 04:4527L
--------
Between: Freeport, TX
and
Ports of Barbours Cut, Galveston and Houston, TX
Commodity: Freight All Kinds
Rate: $174/tank container
Page: II-4(F) Rev 1 Date 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 700 04:4593
--------
Origin: Freeport, Texas
Destination: Mahrt, AL
Commodity: Latex in single compartment trailer
Rate: $1,783/shipment
o Item 800 04:4592L
--------
Origin: Pasadena, Texas
Destination: Anderson, IN
Commodity: Chemicals, NOI
Rate: -$128 flat charge + $2.20/loaded mile
Item 900
--------
o Item 1000 04:4000L
---------
Origin: Freeport, Texas
Destination: Rochester, NY
Commodity: Liquid Commodities in single compartment, MC-307 trailer.
Rate: $3,514/shipment
Page: II-5(F) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 1100
---------
Origin: Freeport, TX
Commodity: Liquid Chelating compounds in single compartment trailer
Tank $125 when cleaned
Cleaning:
Stop-off $185 per stop for all stops after the first.
Charge:
TANK CLEANING
BACKOUT $75.00
----------
Flat Rate/
Destination Charge Mile
----------- ------ -----
04:4063L Tildale, GA (Dalton, GA) -$128 + $1.75
04:4602L Chattanooga, TN -$128 + 1.98
04:4604 Chattanooga, TN to Tildale, GA $215/shipment
(Dalton, GA)(continuation)
o Item 1200 04:4591L
---------
Origin: Brownsville, TX
Destination: Bayport, TX; Houston, TX (Zip 770); and Seabrook, TX (Zip 775)
In continuation of movement originating in Lerma Poluca, MX
Commodity: Polyglycol, Polyethylene Glycol
Rate: $624/shipment
Cleaning: $300 - special preparation in Mexico TLC - always bill (AiTE)
o Item 1300 04:4004L
---------
Origin: Chicago, IL (Zip 606); Wellford, SC (Zip 293)
Destination: Freeport, TX
Commodity: Liquid Commodities in single compartment MC-307 trailer
Rate: -$128 flat charge + $1.75/loaded mile
o Item 1400 04:4003L
---------
Origin: New Albany, IN
Destination: Freeport, TX
Commodity: Liquid Commodities in single compartment MC-307 trailer
Rate: -$128 flat charge + $1.80/loaded mile
Page: II-6(F) Rev 2 Date: 12/01/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 1500 04:1500L
- ---------
Origin: Points in U.S. excluding Texas
Commodity: Liquid Commodities in MC-307 trailer (reloadable 2/1 type only)
Rate: -$128 flat charge + $1.75/loaded mile
o Item 1600 04:4037L
---------
Origin: Freeport, TX
Destination: Channelview, TX
Commodity: Liquid Commodities MC-307 trailers
Rate: $360/shipment
o Item 1700 Reserved for future use
---------
o Item 1800 Reserved for future use
---------
Page: II-7(F) NEW Date: 12/01/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 1900
- ---------
Origin: Freeport, TX
Commodity: Liquid Commodities in MC-307 trailers
Destination Rate/Shipment
----------- -------------
04:4010L Austin, TX $ 650
04:4011L Bayport, TX 360
04:0412L Baytown, TX 370
04:0413L Brenham, TX 455
04:0414L Carrollton, TX 912
04:0415L Dallas, TX 875
04:0416L Dayton, TX 405
04:0417L Deer Park, TX 350
04:0418L El Paso, TX 2,073
04:0419L Evadale, TX 650
04:0420L Fort Worth, TX 912
04:0421L Freeport, TX 350
04:0422L Fresno, TX 350
04:0423L Garland, TX 912
04:0424L Grand Prairie, TX 912
04:0425L Houston, TX 350
04:0426L La Porte, TX 360
04:0427L Lewisville, TX 912
04:0428L Mesquite, TX 912
04:0429L Odessa, TX 1,425
04:0430L Pasadena, TX 350
04:0431L Port Arthur, TX 525
04:0432L San Antonio, TX 703
04:0433L Spring, TX 370
04:0434L Sugarland, TX 350
04:0435L Terrell, TX 855
04:0436L Victoria, TX 767
TO: RICK STOLL
JIM KEELER
PHIL CUMMING
KERRY GRAY
CC. J. HAGELIN
S. SELVERIAN
D. REYNOLDS
G. BAILEY
A. TENNIS
FROM: G. CIARLONE
DATE: 4-26-95
SUBJECT: DOW CHEMICAL -- INTRA TEXAS
THIS WILL SUMMARIZE THE COURSE OF ACTION WE ARE TAKING FOR DOW'S INTRA TEXAS
TRAFFIC:
1. WE HAVE INDENTIFIED ALL DOW TRANSACTIONS AND MADE COPIES OF THE TEXAS
TARIFF PAGES THAT ARE ACTIVE FOR DOW.
2. A SEPARATE ADDENDUM WILL BE ADDED TO DOW'S INTERSTATE CONTRACT
INCORPORATING THE TEXAS TARIFF RATES APPLICABLE FOR DOW.
3. THE LINEHAUL RATES WILL CONTINUE TO BE SUBJECT TO BOTH INSURANCE AND FUEL
SURCHARGES.
4. EXCEPT AS PROVIDED IN ITEM 3 HEREIN, NO INTRA TEXAS TARIFF RULES OR
ACCESSORIAL CHARGES WILL APPLY. INSTEAD, THE RATES WILL BE SUBJECT TO THE
RULES AND CHARGES CONTAINED IN THE INTERSTATE CONTRACT.
IF ANYONE HAS ANY OBJECTIONS OR COMMENTS, WE NEED TO KNOW IMMEDIATELY.
NOTE TO GARY BAILEY:
ONCE THIS IS ACCOMPLISHED FOR DOW, CAN WE PROCEED WITH THE CANCELLATION OF THE
EXISTING INTRA TEXAS TRAIFFS AND THE PUBLICATION OF THE NEW ONE.
ORIGINAL CHECK SHEET
EFFECTIVE: 5-01-95
ADDENDUM NO. 8
(INTRA-TEXAS)
THE DOW CHEMICAL COMPANY
CONTRACT RATE SCHEDULE TO TRANSPORTATION AGREEMENT
CHECK SHEET FOR REVISIONS
The following list shows all effective revisions as of the effective date of
this page.
================================================================================
PAGE # REVISION PAGE # REVISION
# CHECK SHEET 0 # 59 0
# 1 0 # 60 0
# 20 5 # 61 0
# 51 2 # 83 0
# 52 0 # 103 3
# 53 4 # 104 3
# 54 0 # 107 0
# 55 0 # 65 2
# 56 0 # 41 0
# 57 1 # 45 0
# 58 0 # 46 0
# Pages issued this date.
AGREED AND ACCEPTED; AGREED AND ACCEPTED:
THE DOW CHEMICAL COMPANY CHEMICAL LEAMAN TANK LINES, INC.
- ------------------------------------ ------------------------------------
TITLE: TITLE: GEORGE E. CIARLONE
------------------------------ -----------------------------
MANAGER OF CONTRACTS
DATE: DATE: April 28, 1995
------------------------------ -------------------------------
[LOGO] CHEMICAL LEAMAN TANK LINES, INC.
102 Pickering Way, Exton, PA 19341-0200 o 215-363-4200
SCHEDULE OF RATES AND CHARGES APPLYING ON SERVICES PERFORMED
WITHIN THE UNREGULATED COMMERCIAL ZONES OF TEXAS AS DESIGNATED BY
THE RAILROAD COMMISSION OF TEXAS.
RATES EFFECTIVE: OCTOBER 1, 1992
HOURLY CHARGE: $60 per hour or fraction thereof, subject to a minimum of eight
(8) hours.
Charge applies from the time unit leaves its' origin terminal
until return thereto.
Except as otherwise provided, all provisions of ICC CLEA 100 Tariff series
apply, including the tank cleaning provision thereof.
RULES
- --------------------------------------------------------------------------------
TSCH SCREEN APPLICATION ITEM
- --------------------------------------------------------------------------------
COMPUTATION OF 1.
FUEL ADJUSTMENT CHARGE (Concluded)
Highest Miles Charge
(division sign) 995 = .----------
- --------------------------------------------------------------------------------------------
MILES CHARGE MILES CHARGE MILES CHARGE MILES CHARGE MILES CHARGE
10.....$ 0.86 210.....$ 35.14 410.....$ 69.42 610....$103.70 810...$137.98
20..... 2.57 220..... 36.85 420..... 71.13 620.... 105.41 820... 139.69
30..... 4.29 230..... 38.57 430..... 72.85 630.... 107.13 830... 141.41
40..... 6.00 240..... 40.28 440..... 74.56 640.... 108.84 840... 143.12
50..... 7.71 250..... 41.99 450..... 76.27 650.... 110.55 850... 144.83
60..... 9.43 260..... 43.71 460..... 77.99 660.... 112.27 860... 146.55
70..... 11.14 270..... 45.42 470..... 79.70 670.... 113.98 870... 148.26
80..... 12.86 280..... 47.14 480..... 81.42 680.... 115.70 880... 149.98
90..... 14.57 290..... 48.85 490..... 83.13 690.... 117.41 890... 151.69
100..... 16.28 300..... 50.56 500..... 84.84 700.... 119.12 900... 153.40
110..... 18.00 310..... 52.28 510..... 86.56 710.... 120.84 910... 155.12
120..... 19.71 320..... 53.99 520..... 88.27 720.... 122.55 920... 156.83
130..... 21.43 330..... 55.71 530..... 89.99 730.... 124.27 930... 158.55
140..... 23.14 340..... 57.42 540..... 91.70 740.... 125.98 940... 160.26
150..... 24.85 350..... 59.13 550..... 93.41 750.... 127.69 950... 161.97
160..... 26.57 360..... 60.85 560..... 95.13 760.... 129.41 960... 163.69
170..... 28.28 370..... 62.56 570..... 96.84 770.... 131.12 970... 165.40
180..... 30.00 380..... 64.28 580..... 98.56 780.... 132.84 980... 167.12
190..... 31.71 390..... 65.99 590..... 100.27 790.... 134.55 990... 168.83
200..... 33.42 400..... 67.70 600..... 101.98 800.... 136.26 1000... 170.54
- --------------------------------------------------------------------------------------------
(MFC 21703, 21791, 21838, 21907, 22051, 22419, 22728, 23171, 24209, 25171,
25522, 26077, 26544, 26945, 28679, 28727, 29180, 29599, 29650, 30197, 30351,
31831, 31894, 31919, 31973, 32288, 32291, 32326, 32402, 32454, 32541, 32629,
32774, 32891, 33426, 33545, 33811, 34625, 36079, 36116) (MFC 36396, effective
February 23, 1994)
- --------------------------------------------------------------------------------
SURCHARGE FOR INSURANCE EXPENSES 2
APPLICATION OF SURCHARGE
A. Freight charges on each shipment shall be computed on the basis of the
applicable linehaul rate as provided in this tariff multiplied by the actual
weight, gross gallons or barrels transported, or minimum weight, gallons or
barrels specified, whichever is greater, or apply specific truckload charge,
if applicable.
B. To the freight charge computed in Paragraph A, apply 4.07 percent surcharge,
disposing of fractions as follows: Fractions of less than one-half cent will
be dropped, and fractions of one-half cent or more, will be increased to the
next higher whole cent.
C. The surcharge as computed in Paragraph B shall be in addition to all other
charges applicable to the shipment as provided in this tariff.
- --------------------------------------------------------------------------------
(MFC 29782)
- --------------------------------------------------------------------------------
- --------------------------------------------------------------------------------
DISTANCE COMMODITY RATES
(Rates are in cents per hundredweight except as noted)
================================================================================
APPLICATION ITEM
- --------------------------------------------------------------------------------
DISTANCE COMMODITIES, VIZ: 500
SECTION A
ITEM 510, COLUMN 2 rates apply on the following products:
Minimum: 40,000 pounds.
Acetal ALCOHOLS, VIZ.: Ammonium Sulfide
Acetaldehyde (Continued) Ammonium Thiosulphate
Cyclohexanol Solution, Photograde
ACETATES, VIZ.: Decyl (other than perfumery Amyl Chloride
Amyl grade) Anti-Freeze Compounds
Butyl Denatured Anti-Freeze Preparations,
Crude Sodium Diacetone Proprietary (not otherwise
Ethyl Diethyl Carbonol provided in tariff)
Isobutyl Ethyl Butyl Anti-Icing Compounds
Isopropyl Ethyl Hexyl (Ethylhexenol) Benzaldehyde
Methyl Hexyl (other than perfumery Boiler Cleaning Compound
Methyl Acetoacetate grade) Butyraldehyde
Methyl Amyl Inedible Fatty Alcohol Calcium Bromide Solution
Octyl of Petroleum Calcium Chloride
Propyl Isoamyl Caprolactam
Propylene Glycol Monomethyl Isobutyl Captan
Ether Iso-Decanol Carbon Tetrachloride
Vinyl Iso Octyl (other than Cement Clinker Grinding
Acetic Anhydride perfumery grade) Compound
Acetone Isopropyl (Isopropanol) Chelating Compounds
Acetonitrile Methally Chloroform
Methyl Amyl Cleaning compound, liquid,
ACIDS, VIZ.: Methyl (Methanol) NOIBN (hydrocarbon based)
Acetic Mixed Butanols Cyanhydrine
Acrylic Nonyl (other than perfumery Detergents
Anhydrous grade) Di-isobutyl Ketone
Dodecylbenzene Sulfonic Normal Propyl Dichloroethyl Ether
Ethyl Hexanoic Octyl Dichloroisopropyl Ether
Ethylhexoic Octyl (perfumery grade and Diethyl Carbonate
Hydrofluoric other than perfumery Diethyl Sulphate
Nitric grade) Diethylene Ether
Petroleum Propylene Chlorohydrin Dimethyl Amine
Petroleum Fatty Tertiary Amyl Dimethyl Formamide
Phosphoric Tri-Decyl (other than Dinonyl Phenol
Phosphoric sludge perfumery grade) Diol Fractions
Propionic (2-aminoethoxy) ethanol Distillation Residue
Acrolein Wood Epichlorhydrin
Acrylonitrile Ethane
Agricultural insecticides Alkyl-Pridine Ethanol, Fuel Grade
Alcohol-Ketone Mix Allyl Chloride ETHANOLAMINES, VIZ.:
Amine Residues, Crude Diethanolamine
ALCOHOLS, VIZ.: Aminoethylpeperazine Methyldiethanolamine
Alkyl Aryl Polyether Ammonium Bisulfate Monoethanolamine
Amyl Ammonium Polysulfide Still Bottoms Mixtures
Anti-Freeze Triethanolamine
Butyl
(Continued)
TTTCA/TBC TARIFF 10-B ORIGINAL PAGE 52
- --------------------------------------------------------------------------------
DISTANCE COMMODITY RATES
(Rates are in cents per hundredweight, except as noted)
- --------------------------------------------------------------------------------
APPLICATION ITEM
- --------------------------------------------------------------------------------
COMMODITIES, VIZ: (Continued) 500
ITEM 510, COLUMN 2 rates apply on the following products:
Minimum: 40,000 pounds.
Ethyl Ether (Sulphuric Ether) Isopropyl Ether Isoprene
other than anesthesia ether Methyl Styrene
Ethyl Acetoacetate KEYTONES, VIZ.: Methylethyl Benzene
Ethyl Chloride Methyl Butyl Monochlorobenzene
Methyl Ethyl Naphthalene
ETHYLENE AMINES, VIZ.: Methyl Isoamyl Olefins NOI
Di-Ethylene Triamine Methyl Isobutyl Orthoxylene
Ethylene Diamine Methyl Isopropyl Paraxylene
Penta Ethylene Hexamine Methyl Propyl Perchloroethylene
Tetra Ethylene Pantamine Methyl Vinyl Pyridine Polythene
Tri-Ethylene Tetramine Methyl-Normal-Amyl Pseudocumene
Styrene
Ethylene Dibromide Liquid Soap Tetrahydronaphthalene
Ethylene Dichloride Mesityle Oxide Tetrapropylene
Ethylidene Dichloride Methoxypropionitrile Triisobutylene
Ferrous Sulphate Solution Methoxypropylamine Trichlorbenzene
Formaldehyde Methyl Acetone Trichloroethylene
Formalin Methyl Amyl Carginol Vinyl Toluene
Gas Purifying Compound, NOI Methyl Chloride
Glycerine Methyl Chloroform Orthodichlorobenzol
Glycerol Methyl Ethyl-Pridine Oxo Alcohol Distillation
Glycerol Dichlorohydrin Methyl Glycol Ethers Paraformaldehyde
Methyl Isobutyl Carbinol Pentane
GLYCOLS, VIZ.: Methyl Tertiary Butyl Ether Perchloroethane
Butylene Methylally Petroleum Cumene
Diacetate Methylene Chloride Petroleum Nitrozylene
Diethylene Morpholine Petroleum Treating Compound
Diformate Motor Fuel Additive (containing Petroleum Alkylate Detergent
Dipropylene not more than 50% petroleum Intermediate
Ethylene not including Ethyl Fluid or Phorone
Glycol Ethers Tetra Ethyl Fluid, but including Phosphatic Fertilizer Solution
Hexylene Motor Fuel Anti-icing) (containing over 40%
Methyl Nonyl Phenol Anhydride by weight)
Monoethylene Octanes Picloram +2 4-D (TM)
Pentanedial Octyl Aldehyde Plant Defoliant
Polyethylene
Polyglycol OLEFINS, VIZ.: PLASTICIZERS (RESINS OR
Polypropylene Acetylene PLASTIC), VIZ.:
Propylene Decahydronaphthalene Diallyl Phthalate
Propylethylene Diamyl Naphthalene Diethyl Phthalate
Tetraethylene Dicyclopentadiene Diisodecyl Phthalate
Triethylene Diethyl Benzene Dimethyl Phthalate
Tripropylene Diisobutylene Dioctyl Phthalate (water
And Blends of two or more of Dodecylbenzene soluble)
the named Glycols Dodecyltoluene Diundecyl Phthalate
Durene Plasticizers NOIBN
Heat Transfer Agents Ethyl Benzene
Heptane Ethylene
Isobutyraldehyde Isophorene
(continued)
- --------------------------------------------------------------------------------
- --------------------------------------------------------------------------------
For explanation of abbreviations and special characters see last page of this
tariff.
TTTCA/TBC TARIFF 10-B FOURTH REVISED PAGE 53
- --------------------------------------------------------------------------------
DISTANCE COMMODITY RATES
(Rates are in cents per hundredweight, except as noted)
- --------------------------------------------------------------------------------
APPLICATION ITEM
- --------------------------------------------------------------------------------
COMMODITIES, VIZ: (Continued) 500*
ITEM 510, COLUMN 2 rates apply on the following products:
Minimum: 40,000 pounds.
Polyoxalkyleneamines Sodium Bisulfite
Polyoxyethylene Ether Sodium Hydrosulphide
Polyoxypropylenediamine Sodium Sulfide Styrene-Butadlene Latex
Polyvinyl Chloride Sodium Sulfide Solutions Trichloroethane
Propionaldehyde Sodium Thiosulphate Trichloropropane
Propyl Aldehyde Vinyl Chloride
Propylene dichloride SOLVENTS, VIZ.: Vinylidene Chloride
Propylene Oxide Lacquer Vinylidene Dechloride
Refinery Still Bottoms Paint Water Treating Compounds
Rubber Preservative Varnish Xylidine
Scale Prevention Compound Solvents NOI
Sodium Arsenite Solution
- --------------------------------------------------------------------------------
(MFC 21471, 22711, 23957, 24082, 24125, 24620, 24858, 25686, 25963, 26882,
26850, 27346, 27583, 27660, 28234, 28717, 28719, 28966, 29334, 29411, 29559,
29868, 30014, 30327, 30708, 30889, 30944, 31037, 31142, 31178, 31298, 31477,
31513, 31569, 32005, 32130, 32800, 33983, 34874)
- --------------------------------------------------------------------------------
SECTION B
PART I: On the following products apply rates in Item 510_________ Column 2
Chemicals, petroleum products, petrochemicals not otherwise provided for in
TTTCA/TBC Tariffs 7 & 10 series. (Subject to Notes 1, 2, 3, 4 and 5).
NOTE 1: Rates in this commodity description are restricted to those
commodities not otherwise specifically named in other sections of this
tariff or TTTCA/TBC Tariff 7 series. It is further restricted to
commodities having a declared value of less than $0.40 per pound and
requiring trailer equipment equal to or less than DOT MC 307
standards.
NOTE 2: The shipper has the burden to provide the declared value prior to the
loading of the shipment.
NOTE 3: Rates in this item are not applicable on any commodity requiring DOT
hazardous class "Poison" or any commodity classified as "USP" grade
product.
NOTE 4: Shipper's Bill of lading must carry the notation "This commodity meets
the standards required under the terms and provision of Item 500,
Section B, TTTCA/TBC series."
NOTE 5: If the provisions of PART I are not met prior to the loading of the
shipment, then the rates and provisions of PART II of Section B apply.
- --------------------------------------------------------------------------------
PART II: On the following products apply rates in Item 510 __________ Column 3
Chemicals, Petro-Chemicals or other Petroleum Products not otherwise provided
for in this tariff or in TTTCA/TBC MFC Tariff No. 7 series
Mimimum: 40,000
- --------------------------------------------------------------------------------
(MFC 31837, 32130)
- --------------------------------------------------------------------------------
SECTION C
On the following products apply rates in Item 510 _____________ Column 4
Latex
Minimum: 36,000 pounds
- --------------------------------------------------------------------------------
(continued)
- --------------------------------------------------------------------------------
For explanation of abbreviations and special characters see last page of this
tariff. 1/22/93
TTTCA/TBC TARIFF 10-B ORIGINAL PAGE 5
- --------------------------------------------------------------------------------
DISTANCE COMMODITY RATES
(Rates are in cents per hundredweight, except as noted)
- --------------------------------------------------------------------------------
APPLICATION ITEM
- --------------------------------------------------------------------------------
COMMODITIES, VIZ: (Continued) 500*
- --------------------------------------------------------------------------------
SECTION D
On the following products apply rates in Item 510 ________________ Column 5
Silicate of Soda
Minimum: 42,000 pounds
- --------------------------------------------------------------------------------
SECTION E
Item 510, Columns 6 and 7 rates apply on the following products:
Caustic Soda Minimum: 42,000 pounds _____________ Column 6
Caustic Soda Minimum: 48,000 pounds _____________ Column 7
- --------------------------------------------------------------------------------
SECTION F
On the following products apply rates in Item 510 ________________ Column 8
Coal Tar, Coal Tar Pipe Coating, Coating, Coal Tar Pitch and Creosote Oil
Minimum: 38,000 pounds
- --------------------------------------------------------------------------------
(MFC 27189, 30889, 31778, 32130)
- --------------------------------------------------------------------------------
SECTION G
On the following products apply rates in Item 510 ________________ Column 9
Toluene (Toluol)
Xylene (Xylol)
Minimum: 40,000 pounds
- --------------------------------------------------------------------------------
(MFC 31778, 32130)
- --------------------------------------------------------------------------------
SECTION H
On the following products apply rates in Item 510 ________________ Column 10
Animal & Poultry Feeds & Feed Supplements
(not otherwise provided for in this tariff)
Blackstrap Molasses
Blackstrap Molasses (mixed with not to exceed 10% Urea,
and with or without not to exceed 6% of other ingredients)
Beet Sugar Final Molasses
Cactus Molasses
Sotol Molasses
Mimimum: 40,000 pounds
- --------------------------------------------------------------------------------
(continued)
- --------------------------------------------------------------------------------
- --------------------------------------------------------------------------------
For explanation of abbreviations and special characters see last page of this
tariff.
DISTANCE COMMODITY RATES
(Rates are in cents per hundredweight, except as noted)
APPLICATION ITEM
COMMODITIES, VIZ: (Continued) 500
SECTION I
On the following products apply rates in Item 510 .............. Column 11
Fruit Juices
Molasses, Edible
Water, Fresh or Distilled
Milk
Minimum: 36,000 pounds
SECTION J
On the following products apply rates in Item 510 .............. Column 12
Salt Water or Brine (Note 1)
Minimum: 40,000 pounds
SECTION K
On the following products apply rates in Item 510 .............. Column 13
Allyl Alcohol 2-Ethylhexyl Acrylate Phenol
Benzene Formic Acid Plastic, Liquid Synthetic
Butyl Acrylate Methyl Acrylate Polyesters
Butyl Methyl Acrylate Methyl Methacrylate Propal Carbinol
Ethyl Acrylate Normal Propyl Carbinol Resins, Alkyd
Ethyl Alcohol Paint, Lacquer or Varnish Resins, Liquid Synthetic
Minimum: 40,000 pounds
(MFC 27189, 27660, 30889, 30994, 31037, 31142, 31178)
SECTION L
On the following products apply rates in Item 510 ............... Column 14
Glue or Paste
Minimum: 36,000 pounds
(continued)
For explanation of abbreviations and special characters see last page of this
tariff.
DISTANCE COMMODITY RATES
(Rates are in cents per hundredweight, except as noted)
- --------------------------------------------------------------------------------
APPLICATION ITEM
- --------------------------------------------------------------------------------
COMMODITIES, VIZ: (Continued) 500
- --------------------------------------------------------------------------------
SECTION M
On the following products apply rates in Item 510 ................. Column 15
Aqua Ammonia (liquid fertilizer), subject to notes 2 and 5
Fertilizer Ammoniating Solution, subject to notes 2 and 5
Nitrogen Fertilizer Solution, subject to notes 2 and 5
Phospheric (Phosphoric) Fertilizer Solution, containing 40% or less of
Phosphoric Anhydride by weight, subject to notes 2 and 5
Phosphatic Fertilizer Solution, containing 40% or less of
Phosphoric Anhydride weight, subject to notes 2 and 5
Urea, liquid, other than technical grade, subject to note 5
Liquid Fertilizing Compounds, containing 1-lb. zinc subject to note 5
Waste Ferrous Sulphate Solution, subject to note 5
Minimum: 40,000 pounds
- --------------------------------------------------------------------------------
(MFC27189.27660.32130)
- --------------------------------------------------------------------------------
SECTION N
On the following products apply rates in Item 510.................. Column 16
Sodium Bichromate, liquid
Sodium Chromate, liquid
Minimum: 36,000 pounds
- --------------------------------------------------------------------------------
SECTION O
On the following products apply rates in Item 510 ................. Column 17
Lime Slurry or Liquid Lime
Minimum: 47,000 pounds
- --------------------------------------------------------------------------------
SECTION P
Item 510, Columns 18 and 19 rates apply on the following products
Liquid Caustic Potash: Minimum: 38,000 pounds ................... Column 18
Liquid Caustic Potash: Minimum: 48,000 pounds ................... Column 19
- --------------------------------------------------------------------------------
(continued)
- --------------------------------------------------------------------------------
For explanation of abbreviations and special characters see last page of this
tariff.
TTT/TBC TARIFF 10-B FIRST REVISED PAGE 57
- --------------------------------------------------------------------------------
DISTANCE COMMODITY RATES
(Rates are in cents per hundredweight, except as noted)
- --------------------------------------------------------------------------------
APPLICATION ITEM
- --------------------------------------------------------------------------------
COMMODITIES, VIZ: (Concluded) 500
- --------------------------------------------------------------------------------
SECTION Q
On the following products apply rates in Item 510 ................ Column 20
Acid, Viz.: (Note 3)
Hydrochloric (Muriatic)
Sulphuric
Aluminum Chloride Solution (Note 4)
Aluminum Sulphate or Paper Makers Alum
Minimum: 42,000 pounds
- --------------------------------------------------------------------------------
NOTE 1: The rates in Column 12 on Salt Water or Brine, and the rules,
regulations and charges applicable in connection therewith will also
apply for account of specialized motor carriers of oil field equipment
between points they are authorized to serve, and only when moving as
oilfield equipment to be used in the drilling, completion or operation
of oil or gas wells, and when carriers are equipped to transport the
commodities in tank trucks.
NOTE 2: When MC 330 tanks are required for shipments, Column 14 rates subject to
minimum weight of 26,000 pounds apply.
NOTE 3: The rates in Column 20 on Hydrochloric (Muriatic) and Sulphuric Acid
and the rules, regulations and charges applicable in connection
therewith will also apply for account of specialized motor carriers of
oil field equipment between points they are authorized to serve, and
only when moving as oil field equipment to be used in the drilling
completion or operation of oil or gas wells, and when carriers are
equipped to transport the commodities in tank trucks.
NOTE 4: The rates on Aluminum Chloride Solution in Column 20 of Item 510 Series
will not apply for account of Chemical Leaman Tank Lines, Inc.
NOTE 5: For the account of DSI Transports, Inc. and Western-Commercial
Transport, Inc., the mileage rates in Column 2 of Item 510 shall apply
on all commodities described in Section M of this item.
NOTE 6: When a vacumm truck is requested, Column 13 rates herein shall apply to
commodities listed in Sections A, D, E and Q herein, when moving in
bulk to tankage resulting from the cleaning of tanks, tank cars,
sea-going vessels, barges and drums.*
NOTE 7: When lined vacuum equipment is required or requested, a ten (10%)
percent increase of the linehaul rates shall be added to the Column 13
rates herein for commodities listed in Sections A, D, E and Q herein,
when moving in bulk to tankage resulting from the cleaning of tanks,
tank cars, sea-going vessels, barges and drums.*
- --------------------------------------------------------------------------------
(MFC 27189, 31178, 31477, 32130) (MFC 34027, effective March 27, 1992)
- --------------------------------------------------------------------------------
- --------------------------------------------------------------------------------
For explanation of abbreviations and special characters see last page of this
tariff. 3/27/92
- -------------------------------------------------------------------------------------------------------------
EFF 5-1-95 DISTANCE COMMODITY RATES 4015
(Rates are in cents per hundredweight, except as noted)
- -------------------------------------------------------------------------------------------------------------
APPLICATION ITEM
- -------------------------------------------------------------------------------------------------------------
DISTANCE COMMODITY RATES 510
01:5102L 01:5103L 01:5104L 01:5105L 01:5106L 01:5107L 01:5108L 01:5109L 01:5110L
- -------------------------------------------------------------------------------------------------------------
COL COL COL COL COL COL COL COL COL
MILES 2 3 4 5 6 7 8 9 10
- ----- --- --- --- --- --- --- --- --- ---
5 ....... 47 ....... 66 ....... 64 ....... 47 ....... 47 ....... 45 ....... 46 ....... 46 ....... 40
10 ....... 47 ....... 75 ....... 66 ....... 47 ....... 47 ....... 45 ....... 46 ....... 46 ....... 40
15 ....... 50 ....... 79 ....... 75 ....... 50 ....... 50 ....... 48 ....... 46 ....... 47 ....... 41
20 ....... 50 ....... 93 ....... 76 ....... 50 ....... 50 ....... 48 ....... 46 ....... 47 ....... 41
25 ....... 56 ....... 96 ....... 79 ....... 56 ....... 50 ....... 48 ....... 46 ....... 50 ....... 42
30 ....... 56 ....... 96 ....... 93 ....... 56 ....... 56 ....... 53 ....... 46 ....... 50 ....... 42
35 ....... 59 ....... 99 ....... 94 ....... 59 ....... 56 ....... 53 ....... 47 ....... 56 ....... 45
40 ....... 59 .......103 ....... 96 ....... 59 ....... 59 ....... 56 ....... 47 ....... 56 ....... 45
45 ....... 64 .......104 ....... 99 ....... 64 ....... 61 ....... 58 ....... 51 ....... 61 ....... 46
50 ....... 64 .......106 ....... 99 ....... 64 ....... 61 ....... 58 ....... 51 ....... 61 ....... 46
55 ....... 65 .......106 .......102 ....... 65 ....... 64 ....... 59 ....... 55 ....... 64 ....... 46
60 ....... 65 .......108 .......104 ....... 65 ....... 64 ....... 59 ....... 55 ....... 64 ....... 50
65 ....... 68 .......118 .......108 ....... 68 ....... 65 ....... 60 ....... 59 ....... 66 ....... 51
70 ....... 68 .......123 .......108 ....... 68 ....... 65 ....... 60 ....... 59 ....... 66 ....... 55
75 ....... 76 .......128 .......111 ....... 76 ....... 66 ....... 61 ....... 64 ....... 75 ....... 56
80 ....... 76 .......128 .......115 ....... 76 ....... 66 ....... 61 ....... 64 ....... 75 ....... 59
85 ....... 79 .......132 .......115 ....... 79 ....... 71 ....... 67 ....... 65 ....... 76 ....... 61
90 ....... 79 .......140 .......118 ....... 79 ....... 71 ....... 67 ....... 65 ....... 76 ....... 64
95 ....... 93 .......143 .......119 ....... 93 ....... 71 ....... 67 ....... 66 ....... 79 ....... 65
100 ....... 93 .......143 .......119 ....... 93 ....... 75 ....... 70 ....... 66 ....... 79 ....... 68
110 ....... 94 .......150 .......123 ....... 94 ....... 76 ....... 71 ....... 75 ....... 93 ....... 74
120 ....... 96 .......155 .......132 ....... 96 ....... 76 ....... 71 ....... 76 ....... 94 ....... 75
130 ....... 99 .......160 .......136 ....... 99 ....... 76 ....... 71 ....... 90 ....... 96 ....... 78
140 .......103 .......166 .......140 .......103 ....... 96 ....... 91 ....... 93 ....... 99 ....... 90
150 .......104 .......170 .......143 .......104 ....... 96 ....... 91 ....... 96 .......102 ....... 93
160 .......106 .......176 .......146 .......106 ....... 99 ....... 95 .......103 .......103 ....... 96
170 .......108 .......182 .......150 .......108 ....... 99 ....... 95 .......106 .......106 .......102
180 .......115 .......193 .......154 .......115 .......102 ....... 97 .......106 .......108 .......103
190 .......118 .......193 .......156 .......118 .......106 .......100 .......115 .......111 .......104
200 .......119 .......195 .......160 .......118 .......106 .......100 .......115 .......115 .......106
210 .......123 .......199 .......166 .......123 .......107 .......102 .......119 .......118 .......108
220 .......128 .......201 .......168 .......128 .......115 .......108 .......119 .......123 .......111
230 .......132 .......213 .......170 .......132 .......118 .......110 .......124 .......128 .......119
240 .......136 .......219 .......172 .......136 .......118 .......110 .......131 .......132 .......124
260 .......143 .......221 .......182 .......143 .......119 .......111 .......143 .......136 .......133
(Continued)
- -------------------------------------------------------------------------------------------------------------
SEE ATTACHED SHEET FOR REVISED RATES
- -------------------------------------------------------------------------------------------------------------
For explanation of abbreviations and special characters see last page of this tariff.
ITEM 510
COL COL COL COL COL COL COL COL COL
MILES 2 3 4 5 6 7 8 9 10
- ----- --- --- --- --- --- --- --- --- ---
5 ....... 15 ....... 34 ....... 28 ....... 17 ....... 17 ....... 18 ....... 12 ....... 14 ....... 8
10 ....... 15 ....... 43 ....... 30 ....... 17 ....... 17 ....... 18 ....... 12 ....... 14 ....... 8
15 ....... 18 ....... 47 ....... 39 ....... 20 ....... 20 ....... 21 ....... 12 ....... 15 ....... 9
20 ....... 18 ....... 61 ....... 40 ....... 20 ....... 20 ....... 21 ....... 12 ....... 15 ....... 9
25 ....... 24 ....... 64 ....... 43 ....... 26 ....... 20 ....... 21 ....... 12 ....... 18 ....... 10
30 ....... 24 ....... 64 ....... 57 ....... 26 ....... 26 ....... 26 ....... 12 ....... 18 ....... 10
35 ....... 27 ....... 67 ....... 58 ....... 29 ....... 26 ....... 26 ....... 13 ....... 24 ....... 13
40 ....... 27 ....... 71 ....... 60 ....... 29 ....... 29 ....... 29 ....... 13 ....... 24 ....... 13
45 ....... 32 ....... 72 ....... 63 ....... 34 ....... 31 ....... 31 ....... 17 ....... 29 ....... 14
50 ....... 32 ....... 74 ....... 63 ....... 34 ....... 31 ....... 31 ....... 17 ....... 29 ....... 14
55 ....... 33 ....... 74 ....... 66 ....... 35 ....... 34 ....... 32 ....... 21 ....... 32 ....... 14
60 ....... 33 ....... 76 ....... 68 ....... 35 ....... 34 ....... 32 ....... 21 ....... 32 ....... 18
65 ....... 36 ....... 86 ....... 72 ....... 38 ....... 35 ....... 33 ....... 25 ....... 34 ....... 19
70 ....... 36 ....... 91 ....... 72 ....... 38 ....... 35 ....... 33 ....... 25 ....... 34 ....... 23
75 ....... 44 ....... 96 ....... 75 ....... 46 ....... 36 ....... 34 ....... 30 ....... 43 ....... 24
80 ....... 44 ....... 96 ....... 79 ....... 46 ....... 36 ....... 34 ....... 30 ....... 43 ....... 27
85 ....... 47 .......100 ....... 79 ....... 49 ....... 40 ....... 40 ....... 31 ....... 44 ....... 29
90 ....... 47 .......108 ....... 82 ....... 49 ....... 40 ....... 40 ....... 31 ....... 44 ....... 32
95 ....... 61 .......111 ....... 83 ....... 63 ....... 40 ....... 40 ....... 32 ....... 47 ....... 33
100 ....... 61 .......111 ....... 83 ....... 63 ....... 45 ....... 44 ....... 32 ....... 47 ....... 36
110 ....... 62 .......118 ....... 87 ....... 64 ....... 46 ....... 44 ....... 41 ....... 61 ....... 42
120 ....... 64 .......123 ....... 96 ....... 66 ....... 46 ....... 44 ....... 42 ....... 62 ....... 43
130 ....... 67 .......128 .......100 ....... 69 ....... 46 ....... 44 ....... 56 ....... 64 ....... 46
140 ....... 71 .......134 .......104 ....... 73 ....... 66 ....... 64 ....... 59 ....... 67 ....... 58
150 ....... 72 .......138 .......107 ....... 74 ....... 66 ....... 64 ....... 62 ....... 70 ....... 61
160 ....... 74 .......144 .......110 ....... 76 ....... 69 ....... 68 ....... 69 ....... 71 ....... 64
170 ....... 76 .......150 .......114 ....... 78 ....... 69 ....... 68 ....... 72 ....... 74 ....... 70
180 ....... 83 .......161 .......118 ....... 85 ....... 72 ....... 70 ....... 72 ....... 76 ....... 71
190 ....... 86 .......161 .......120 ....... 88 ....... 76 ....... 73 ....... 81 ....... 79 ....... 72
200 ....... 87 .......163 .......124 ....... 88 ....... 76 ....... 73 ....... 81 ....... 83 ....... 74
210 ....... 91 .......167 .......130 ....... 93 ....... 77 ....... 75 ....... 85 ....... 86 ....... 76
220 ....... 96 .......169 .......132 ....... 98 ....... 85 ....... 81 ....... 85 ....... 91 ....... 79
230 .......100 .......181 .......134 .......102 ....... 88 ....... 83 ....... 90 ....... 96 ....... 87
240 .......104 .......187 .......136 .......106 ....... 88 ....... 83 ....... 97 .......100 ....... 92
260 .......111 .......189 .......146 .......113 ....... 89 ....... 84 .......109 .......104 .......101
- ----------------------------------------------------------------------------------------------------------
EFF 5-1-95 DISTANCE COMMODITY RATES 4015
(Rates are in cents per hundredweight, except as noted)
- ----------------------------------------------------------------------------------------------------------
APPLICATION ITEM
- ----------------------------------------------------------------------------------------------------------
DISTANCE COMMODITY RATES (Continued) 510
01:5102L 01:5103L 01:5104L 01:5105L 01:5106L 01:5107L 01:5108L 01:5109L 01:5110L
- ----------------------------------------------------------------------------------------------------------
COL COL COL COL COL COL COL COL COL
MILES 2 3 4 5 6 7 8 9 10
- ----- --- --- --- --- --- --- --- --- ---
280 .......150 .......231 .......186 .......146 .......132 .......125 .......155 .......143 .......146
300 .......160 .......236 .......195 .......155 .......150 .......143 .......168 .......155 .......154
320 .......170 .......247 .......204 .......166 .......166 .......155 .......179 .......160 .......167
340 .......183 .......256 .......220 .......172 .......172 .......161 .......186 .......178 .......178
360 .......193 .......259 .......230 .......183 .......183 .......175 .......199 .......186 .......182
380 .......201 .......277 .......242 .......200 .......200 .......191 .......213 .......195 .......192
400 .......214 .......284 .......258 .......213 .......204 .......195 .......221 .......201 .......199
420 .......225 .......292 .......276 .......224 .......213 .......200 .......221 .......219 .......201
440 .......231 .......304 .......284 .......227 .......224 .......211 .......240 .......226 .......219
460 .......242 .......319 .......292 .......240 .......230 .......220 .......247 .......231 .......225
480 .......259 .......330 .......308 .......252 .......242 .......229 .......258 .......247 .......231
500 .......263 .......335 .......324 .......258 .......247 .......233 .......276 .......256 .......242
520 .......282 .......349 .......333 .......273 .......263 .......250 .......282 .......276 .......253
540 .......288 .......366 .......346 .......278 .......276 .......259 .......289 .......280 .......260
560 .......296 .......375 .......364 .......284 .......284 .......270 .......300 .......285 .......270
580 .......308 .......392 .......374 .......299 .......292 .......277 .......318 .......296 .......280
600 .......318 .......397 .......389 .......300 .......299 .......285 .......328 .......299 .......289
620 .......328 .......404 .......397 .......319 .......314 .......298 .......334 .......314 .......292
640 .......340 .......421 .......405 .......328 .......330 .......311 .......346 .......319 .......314
660 .......347 .......435 .......425 .......333 .......335 .......318 .......354 .......334 .......321
680 .......354 .......445 .......436 .......346 .......343 .......323 .......373 .......346 .......330
700 .......373 .......451 .......449 .......352 .......349 .......329 .......385 .......353 .......335
720 .......380 .......471 .......459 .......364 .......354 .......335 .......393 .......364 .......349
740 .......396 .......482 .......477 .......388 .......373 .......352 .......398 .......385 .......361
760 .......399 .......486 .......486 .......395 .......388 .......368 .......410 .......392 .......371
780 .......410 .......500 .......501 .......399 .......393 .......371 .......425 .......397 .......380
800 .......427 .......512 .......512 .......410 .......404 .......381 .......435 .......405 .......392
825 .......447 .......530 .......530 .......422 .......410 .......388 .......447 .......422 .......397
850 .......457 .......540 .......544 .......442 .......425 .......402 .......457 .......434 .......409
875 .......471 .......549 .......565 .......456 .......436 .......414 .......471 .......445 .......426
900 .......482 .......572 .......572 .......465 .......454 .......428 .......482 .......458 .......435
925 .......504 .......583 .......597 .......477 .......459 .......433 .......491 .......472 .......451
950 .......516 .......597 .......609 .......496 .......473 .......447 .......501 .......484 .......458
975 .......530 .......610 .......625 .......504 .......493 .......466 .......512 .......496 .......472
1000 .......530 .......625 .......644 .......515 .......501 .......474 .......526 .......507 .......484
(Continued)
- ----------------------------------------------------------------------------------------------------------
SEE ATTACHED SHEET FOR REVISED RATES
- ----------------------------------------------------------------------------------------------------------
For explanation of abbreviations and special characters see last page of this tariff.
ITEM 510
COL COL COL COL COL COL COL COL COL
MILES 2 3 4 5 6 7 8 9 10
- ----- --- --- --- --- --- --- --- --- ---
280 .......118 .......199 .......150 .......116 .......102 ....... 98 .......121 .......111 .......114
300 .......128 .......204 .......159 .......125 .......120 .......116 .......134 .......123 .......122
320 .......138 .......215 .......168 .......136 .......136 .......128 .......145 .......128 .......135
340 .......151 .......224 .......184 .......142 .......142 .......134 .......152 .......146 .......146
360 .......161 .......227 .......194 .......153 .......153 .......148 .......165 .......154 .......150
380 .......169 .......245 .......206 .......170 .......170 .......164 .......179 .......163 .......160
400 .......182 .......252 .......222 .......183 .......174 .......168 .......187 .......169 .......167
420 .......193 .......260 .......240 .......194 .......183 .......173 .......187 .......187 .......169
440 .......199 .......272 .......248 .......197 .......194 .......184 .......206 .......194 .......187
460 .......210 .......287 .......256 .......210 .......200 .......193 .......213 .......199 .......193
480 .......227 .......298 .......272 .......222 .......212 .......202 .......224 .......215 .......199
500 .......231 .......303 .......288 .......228 .......217 .......206 .......242 .......224 .......210
520 .......250 .......317 .......297 .......243 .......233 .......223 .......248 .......244 .......221
540 .......256 .......334 .......310 .......248 .......246 .......232 .......255 .......248 .......228
560 .......264 .......343 .......328 .......254 .......254 .......243 .......266 .......253 .......238
580 .......276 .......360 .......338 .......269 .......262 .......250 .......284 .......264 .......248
600 .......286 .......365 .......353 .......270 .......269 .......258 .......294 .......267 .......257
620 .......296 .......372 .......361 .......289 .......284 .......271 .......300 .......282 .......260
640 .......308 .......389 .......369 .......298 .......300 .......284 .......312 .......287 .......282
660 .......315 .......403 .......389 .......303 .......305 .......291 .......320 .......302 .......289
680 .......322 .......413 .......400 .......316 .......313 .......296 .......339 .......314 .......298
700 .......341 .......419 .......413 .......322 .......319 .......302 .......351 .......321 .......303
720 .......348 .......439 .......423 .......334 .......324 .......308 .......359 .......332 .......317
740 .......364 .......450 .......441 .......358 .......343 .......325 .......364 .......353 .......329
760 .......367 .......454 .......450 .......365 .......358 .......341 .......376 .......360 .......339
780 .......378 .......468 .......465 .......369 .......363 .......344 .......391 .......365 .......348
800 .......395 .......480 .......476 .......380 .......374 .......354 .......401 .......373 .......360
825 .......415 .......498 .......494 .......392 .......380 .......361 .......413 .......390 .......365
850 .......425 .......508 .......508 .......412 .......395 .......375 .......423 .......402 .......377
875 .......439 .......517 .......529 .......426 .......406 .......387 .......437 .......413 .......394
900 .......450 .......540 .......536 .......435 .......424 .......401 .......448 .......426 .......403
925 .......472 .......551 .......561 .......447 .......429 .......406 .......457 .......440 .......419
950 .......484 .......565 .......573 .......466 .......443 .......420 .......467 .......452 .......426
975 .......498 .......578 .......589 .......474 .......463 .......439 .......478 .......464 .......443
1000 .......498 .......593 .......608 .......482 .......471 .......447 .......492 .......475 .......452
- --------------------------------------------------------------------------------------------------------------------
EFF 5-1-95 DISTANCE COMMODITY RATES 4015
(Rates are in cents per hundredweight, except as noted)
- --------------------------------------------------------------------------------------------------------------------
APPLICATION ITEM
- --------------------------------------------------------------------------------------------------------------------
DISTANCE COMMODITY RATES (Continued) 510
01:5111L 01:5112L 01:5113L 01:5114L 01:5115L 01:5116L 01:5117L 01:5118L 01:5119L 01:5120L
- --------------------------------------------------------------------------------------------------------------------
COL COL COL COL COL COL COL COL COL COL
MILES 11 12 13 14 15 16 17 18 19 20
- ----- --- --- --- --- --- --- --- --- --- ---
5 ....... 59 ....... 47 ....... 66 ....... 46 ....... 45 ....... 66 ....... 46 ....... 47 ....... 45 ....... 47
10 ....... 65 ....... 47 ....... 75 ....... 46 ....... 45 ....... 75 ....... 46 ....... 47 ....... 45 ....... 47
15 ....... 66 ....... 50 ....... 79 ....... 46 ....... 45 ....... 79 ....... 46 ....... 47 ....... 45 ....... 50
20 ....... 66 ....... 50 ....... 93 ....... 46 ....... 45 ....... 93 ....... 46 ....... 50 ....... 48 ....... 50
25 ....... 75 ....... 56 ....... 96 ....... 47 ....... 45 ....... 93 ....... 46 ....... 51 ....... 49 ....... 50
30 ....... 76 ....... 56 ....... 96 ....... 50 ....... 47 ....... 96 ....... 50 ....... 55 ....... 52 ....... 56
35 ....... 90 ....... 59 ....... 99 ....... 51 ....... 47 ....... 96 ....... 50 ....... 55 ....... 52 ....... 56
40 ....... 93 ....... 59 .......103 ....... 56 ....... 50 .......103 ....... 51 ....... 61 ....... 58 ....... 56
45 ....... 99 ....... 64 .......104 ....... 59 ....... 50 .......104 ....... 51 ....... 65 ....... 60 ....... 56
50 ....... 99 ....... 64 .......106 ....... 61 ....... 55 .......106 ....... 56 ....... 65 ....... 60 ....... 56
55 ....... 99 ....... 65 .......106 ....... 64 ....... 55 .......106 ....... 56 ....... 66 ....... 61 ....... 59
60 .......104 ....... 65 .......108 ....... 65 ....... 56 .......108 ....... 59 ....... 66 ....... 61 ....... 61
65 .......108 ....... 68 .......118 ....... 66 ....... 59 .......118 ....... 61 ....... 68 ....... 65 ....... 64
70 .......111 ....... 68 .......123 ....... 68 ....... 59 .......123 ....... 61 ....... 74 ....... 67 ....... 65
75 .......115 ....... 76 .......128 ....... 75 ....... 59 .......128 ....... 61 ....... 75 ....... 68 ....... 65
80 .......118 ....... 76 .......128 ....... 76 ....... 61 .......128 ....... 64 ....... 76 ....... 70 ....... 66
85 .......119 ....... 79 .......132 ....... 79 ....... 61 .......132 ....... 64 ....... 76 ....... 70 ....... 66
90 .......123 ....... 79 .......140 ....... 90 ....... 65 .......140 ....... 66 ....... 79 ....... 75 ....... 71
95 .......128 ....... 93 .......143 ....... 93 ....... 65 .......143 ....... 66 ....... 90 ....... 83 ....... 71
100 .......131 ....... 93 .......143 ....... 94 ....... 66 .......143 ....... 68 ....... 93 ....... 85 ....... 75
110 .......132 ....... 94 .......150 ....... 99 ....... 68 .......150 ....... 74 ....... 94 ....... 86 ....... 76
120 .......140 ....... 96 .......155 .......104 ....... 74 .......155 ....... 75 ....... 94 ....... 86 ....... 78
130 .......143 ....... 99 .......160 .......108 ....... 75 .......156 ....... 76 ....... 99 ....... 94 ....... 79
140 .......150 .......103 .......166 .......115 ....... 78 .......160 ....... 79 .......104 ....... 98 ....... 90
150 .......155 .......104 .......170 .......119 ....... 90 .......168 ....... 93 .......106 .......100 ....... 99
160 .......160 .......106 .......176 .......128 ....... 93 .......170 ....... 94 .......108 .......103 .......102
170 .......166 .......108 .......182 .......132 ....... 94 .......176 ....... 96 .......111 .......105 .......103
180 .......170 .......115 .......193 .......140 .......102 .......182 .......103 .......118 .......109 .......107
190 .......172 .......118 .......193 .......146 .......104 .......183 .......106 .......118 .......109 .......111
200 .......182 .......122 .......195 .......154 .......108 .......186 .......111 .......119 .......110 .......118
210 .......183 .......123 .......199 .......160 .......111 .......189 ....... -- .......123 .......115 .......122
220 .......189 .......123 .......201 .......168 .......115 .......199 ....... -- .......124 .......117 .......123
230 .......189 .......132 .......213 .......172 .......118 .......200 ....... -- .......128 .......122 .......128
240 .......199 .......136 .......219 .......183 .......123 .......201 ....... -- .......128 .......122 .......132
260 .......204 .......143 .......221 .......195 .......131 .......213 ....... -- .......132 .......124 .......136
(Continued)
- --------------------------------------------------------------------------------------------------------------------
SEE ATTACHED SHEET FOR REVISED RATES
- --------------------------------------------------------------------------------------------------------------------
For explanation of abbreviations and special characters see last page of this tariff.
ITEM 510
COL COL COL COL COL COL COL COL COL COL
MILES 11 12 13 14 15 16 17 18 19 20
- ----- --- --- --- --- --- --- --- --- --- ---
5 ....... 23 ....... 15 ....... 34 ....... 10 ....... 13 ....... 30 ....... 19 ....... 13 ....... 18 ....... 17
10 ....... 29 ....... 15 ....... 43 ....... 10 ....... 13 ....... 39 ....... 19 ....... 13 ....... 18 ....... 17
15 ....... 30 ....... 18 ....... 47 ....... 10 ....... 13 ....... 43 ....... 19 ....... 13 ....... 18 ....... 20
20 ....... 30 ....... 18 ....... 61 ....... 10 ....... 13 ....... 57 ....... 19 ....... 16 ....... 21 ....... 20
25 ....... 39 ....... 24 ....... 64 ....... 11 ....... 13 ....... 60 ....... 19 ....... 17 ....... 22 ....... 20
30 ....... 40 ....... 24 ....... 64 ....... 14 ....... 15 ....... 60 ....... 23 ....... 21 ....... 25 ....... 26
35 ....... 54 ....... 27 ....... 67 ....... 15 ....... 15 ....... 60 ....... 23 ....... 21 ....... 25 ....... 26
40 ....... 57 ....... 27 ....... 71 ....... 20 ....... 18 ....... 67 ....... 24 ....... 27 ....... 31 ....... 26
45 ....... 63 ....... 32 ....... 72 ....... 23 ....... 18 ....... 68 ....... 24 ....... 31 ....... 33 ....... 26
50 ....... 63 ....... 32 ....... 74 ....... 25 ....... 23 ....... 70 ....... 29 ....... 31 ....... 33 ....... 26
55 ....... 63 ....... 33 ....... 74 ....... 28 ....... 23 ....... 70 ....... 29 ....... 32 ....... 34 ....... 29
60 ....... 68 ....... 33 ....... 76 ....... 29 ....... 24 ....... 72 ....... 32 ....... 32 ....... 34 ....... 31
65 ....... 72 ....... 36 ....... 86 ....... 30 ....... 27 ....... 82 ....... 34 ....... 34 ....... 38 ....... 34
70 ....... 75 ....... 36 ....... 91 ....... 32 ....... 27 ....... 87 ....... 34 ....... 40 ....... 40 ....... 35
75 ....... 79 ....... 44 ....... 96 ....... 39 ....... 27 ....... 92 ....... 34 ....... 41 ....... 41 ....... 35
80 ....... 82 ....... 44 ....... 96 ....... 40 ....... 29 ....... 92 ....... 37 ....... 42 ....... 43 ....... 36
85 ....... 83 ....... 47 .......100 ....... 43 ....... 29 ....... 96 ....... 37 ....... 42 ....... 43 ....... 36
90 ....... 87 ....... 47 .......108 ....... 54 ....... 33 .......104 ....... 39 ....... 45 ....... 48 ....... 41
95 ....... 92 ....... 61 .......111 ....... 57 ....... 33 .......107 ....... 39 ....... 56 ....... 56 ....... 41
100 ....... 95 ....... 61 .......111 ....... 58 ....... 34 .......107 ....... 41 ....... 59 ....... 58 ....... 45
110 ....... 96 ....... 62 .......118 ....... 63 ....... 36 .......114 ....... 47 ....... 60 ....... 59 ....... 46
120 .......104 ....... 64 .......123 ....... 68 ....... 42 .......119 ....... 48 ....... 60 ....... 59 ....... 48
130 .......107 ....... 67 .......128 ....... 72 ....... 43 .......120 ....... 49 ....... 65 ....... 67 ....... 49
140 .......114 ....... 71 .......134 ....... 79 ....... 46 .......124 ....... 52 ....... 70 ....... 71 ....... 60
150 .......119 ....... 72 .......138 ....... 83 ....... 58 .......132 ....... 66 ....... 72 ....... 73 ....... 69
160 .......124 ....... 74 .......144 ....... 92 ....... 61 .......134 ....... 67 ....... 74 ....... 76 ....... 72
170 .......130 ....... 76 .......151 ....... 96 ....... 62 .......140 ....... 69 ....... 77 ....... 78 ....... 73
180 .......134 ....... 83 .......161 .......104 ....... 70 .......146 ....... 76 ....... 84 ....... 82 ....... 77
190 .......136 ....... 86 .......161 .......110 ....... 72 .......147 ....... 79 ....... 84 ....... 82 ....... 81
200 .......146 ....... 90 .......163 .......118 ....... 76 .......150 ....... 84 ....... 85 ....... 83 ....... 88
210 .......147 ....... 91 .......167 .......124 ....... 79 .......153 ....... -- ....... 89 ....... 88 ....... 92
220 .......153 ....... 91 .......169 .......132 ....... 83 .......163 ....... -- ....... 90 ....... 90 ....... 93
230 .......153 .......100 .......181 .......136 ....... 86 .......164 ....... -- ....... 94 ....... 95 ....... 98
240 .......163 .......104 .......187 .......147 ....... 91 .......165 ....... -- ....... 94 ....... 95 .......102
260 .......168 .......111 .......189 .......159 ....... 99 .......177 ....... -- ....... 98 ....... 97 .......106
- ---------------------------------------------------------------------------------------------------------------------
EFF 5-1-95 DISTANCE COMMODITY RATES 4015
(Rates are in cents per hundredweight, except as noted)
- ---------------------------------------------------------------------------------------------------------------------
APPLICATION ITEM
- ---------------------------------------------------------------------------------------------------------------------
DISTANCE COMMODITY RATES (Continued) 510
01:5111L 01:5112L 01:5113L 01:5114L 01:5115L 01:5116L 01:5117L 01:5118L 01:5119L 01:5120L
- ---------------------------------------------------------------------------------------------------------------------
COL COL COL COL COL COL COL COL COL COL
MILES 11 12 13 14 15 16 17 18 19 20
- ----- --- --- --- --- --- --- --- --- --- ---
280 .......219 .......150 .......231 .......204 .......143 .......219 ....... -- .......140 .......131 .......146
300 .......225 .......160 .......236 .......220 .......154 .......225 ....... -- .......155 .......146 .......160
320 .......230 .......168 .......247 .......231 .......167 .......231 ....... -- .......166 .......154 .......168
340 .......231 .......183 .......256 .......240 .......172 .......236 ....... -- .......176 .......166 .......183
360 .......247 .......193 .......259 .......256 .......182 .......242 ....... -- .......182 .......173 .......193
380 .......256 .......201 .......277 .......260 .......193 .......247 ....... -- .......193 .......180 .......201
400 .......259 .......214 .......284 .......276 .......201 .......257 ....... -- .......200 .......189 .......214
420 .......270 .......225 .......292 .......282 .......219 .......260 ....... -- .......214 .......200 .......225
440 .......276 .......231 .......304 .......289 .......227 .......270 ....... -- .......221 .......204 .......231
460 .......277 .......242 .......319 .......298 .......231 .......277 ....... -- .......230 .......219 .......247
480 .......278 .......259 .......330 .......308 .......243 .......282 ....... -- .......240 .......226 .......258
500 .......288 .......263 .......335 .......319 .......256 .......289 ....... -- .......247 .......232 .......263
520 .......296 .......282 .......349 .......333 .......260 .......300 ....... -- .......263 .......248 .......282
540 .......299 .......288 .......366 .......343 .......275 .......318 ....... -- .......277 .......258 .......288
560 .......304 .......296 .......375 .......354 .......284 .......328 ....... -- .......282 .......265 .......296
580 .......308 .......308 .......392 .......372 .......296 .......334 ....... -- .......289 .......273 .......308
600 .......318 .......318 .......397 .......388 .......300 .......347 ....... -- .......300 .......283 .......318
620 .......329 .......328 .......404 .......396 .......319 .......364 ....... -- .......314 .......296 .......328
640 .......333 .......330 .......421 .......404 .......329 .......374 ....... -- .......321 .......300 .......338
660 .......334 .......347 .......435 .......422 .......334 .......388 ....... -- .......334 .......313 .......347
680 .......340 .......354 .......445 .......435 .......346 .......396 ....... -- .......340 .......320 .......354
700 .......346 .......373 .......451 .......447 .......354 .......404 ....... -- .......347 .......327 .......373
720 .......349 .......380 .......471 .......457 .......366 .......421 ....... -- .......364 .......342 .......380
740 .......352 .......396 .......482 .......472 .......373 .......430 ....... -- .......374 .......351 .......396
760 .......366 .......399 .......486 .......486 .......389 .......442 ....... -- .......385 .......364 .......403
780 .......373 .......410 .......500 .......496 .......396 .......456 ....... -- .......392 .......369 .......410
800 .......374 .......425 .......512 .......506 .......404 .......462 ....... -- .......399 .......374 .......425
825 .......375 .......436 .......530 .......520 .......425 .......482 ....... -- .......410 .......386 .......436
850 .......385 .......451 .......540 .......543 .......435 .......494 ....... -- .......427 .......402 .......451
875 .......392 .......459 .......549 .......550 .......447 .......507 ....... -- .......436 .......410 .......459
900 .......393 .......477 .......572 .......582 .......458 .......526 ....... -- .......451 .......424 .......477
925 .......396 .......491 .......583 .......586 .......473 ....... -- ....... -- .......458 .......430 .......491
950 .......405 .......504 .......597 .......606 .......486 ....... -- ....... -- .......477 .......449 .......504
975 .......421 .......516 .......610 .......616 .......496 ....... -- ....... -- .......491 .......462 .......515
1000 .......421 .......530 .......625 .......624 .......512 ....... -- ....... -- .......496 .......466 .......528
- ---------------------------------------------------------------------------------------------------------------------
(MFC 11,950, 20387, 22246, 22279, 22472, 25812, 26429, 27744, 29782, 31477, 32130, 33588)
- ---------------------------------------------------------------------------------------------------------------------
SEE ATTACHED SHEET FOR REVISED RATES
- ---------------------------------------------------------------------------------------------------------------------
For explanation of abbreviations and special characters see last page of this tariff.
COL COL COL COL COL COL COL COL COL COL
MILES 11 12 13 14 15 16 17 18 19 20
- ----- --- --- --- --- --- --- --- --- --- ---
280 .......183 .......118 .......199 .......168 .......111 .......183 ....... -- .......106 .......104 .......116
300 .......189 .......128 .......204 .......184 .......122 .......189 ....... -- .......121 .......119 .......130
320 .......194 .......136 .......215 .......195 .......135 .......195 ....... -- .......132 .......127 .......138
340 .......195 .......151 .......224 .......204 .......140 .......200 ....... -- .......142 .......139 .......153
360 .......211 .......161 .......227 .......220 .......150 .......206 ....... -- .......148 .......146 .......163
380 .......220 .......169 .......245 .......224 .......161 .......211 ....... -- .......159 .......153 .......171
400 .......223 .......182 .......252 .......240 .......169 .......221 ....... -- .......166 .......162 .......184
420 .......234 .......193 .......260 .......246 .......187 .......224 ....... -- .......180 .......173 .......195
440 .......240 .......199 .......272 .......253 .......195 .......234 ....... -- .......187 .......177 .......201
460 .......241 .......210 .......287 .......262 .......199 .......241 ....... -- .......196 .......192 .......217
480 .......242 .......227 .......298 .......272 .......211 .......246 ....... -- .......206 .......199 .......228
500 .......252 .......231 .......303 .......283 .......224 .......253 ....... -- .......213 .......205 .......233
520 .......260 .......250 .......317 .......297 .......228 .......264 ....... -- .......229 .......221 .......252
540 .......263 .......256 .......334 .......307 .......243 .......282 ....... -- .......243 .......231 .......258
560 .......268 .......264 .......343 .......318 .......252 .......292 ....... -- .......248 .......238 .......266
580 .......272 .......276 .......360 .......336 .......264 .......298 ....... -- .......255 .......246 .......278
600 .......282 .......286 .......365 .......352 .......268 .......311 ....... -- .......266 .......256 .......288
620 .......293 .......296 .......372 .......360 .......287 .......328 ....... -- .......280 .......269 .......298
640 .......297 .......298 .......389 .......368 .......297 .......338 ....... -- .......287 .......273 .......308
660 .......298 .......315 .......403 .......386 .......302 .......352 ....... -- .......300 .......286 .......317
680 .......304 .......322 .......413 .......399 .......314 .......360 ....... -- .......306 .......293 .......324
700 .......310 .......341 .......419 .......411 .......322 .......368 ....... -- .......313 .......300 .......343
720 .......313 .......348 .......439 .......421 .......334 .......385 ....... -- .......330 .......315 .......350
740 .......316 .......364 .......450 .......436 .......341 .......394 ....... -- .......340 .......324 .......366
760 .......330 .......367 .......454 .......450 .......357 .......406 ....... -- .......351 .......337 .......373
780 .......337 .......378 .......468 .......460 .......364 .......420 ....... -- .......358 .......342 .......380
800 .......338 .......393 .......480 .......470 .......372 .......426 ....... -- .......365 .......347 .......395
825 .......339 .......404 .......498 .......484 .......393 .......446 ....... -- .......376 .......359 .......406
850 .......349 .......419 .......508 .......507 .......403 .......458 ....... -- .......393 .......375 .......421
875 .......356 .......427 .......517 .......514 .......415 .......471 ....... -- .......402 .......383 .......429
900 .......357 .......445 .......540 .......536 .......426 .......490 ....... -- .......417 .......397 .......447
925 .......360 .......459 .......551 .......550 .......441 ....... -- ....... -- .......424 .......403 .......461
950 .......369 .......472 .......565 .......570 .......454 ....... -- ....... -- .......443 .......422 .......474
975 .......385 .......484 .......578 .......580 .......464 ....... -- ....... -- .......457 .......435 .......485
1000 .......385 .......498 .......593 .......588 .......480 ....... -- ....... -- .......462 .......439 .......498
EFF 5/1/95 4015
SPECIFIC COMMODITY RATES
(Rates are in cents per hundredweight, except as noted)
APPLICATION ITEM
1200
ACETONE
AND OTHER CHEMICALS AS NAMED
Chemicals: Acetone, Amines, Anti-Freeze, Chelating Compounds, De-Icing
Compounds, Engine Coolants, Glycerine, Glycols, Methylene Chloride,
Perchlorethylene, Styrene, Trichloroethane, and Trichloroethylene as
described in Section A of Item 500 series in this tariff
In straight or mixed shipments.
Minimum: 47,000 pounds.
From To Rate
---- -- ----
08: 1320 Abilene 172
Carrollton
Dallas
08: 1321L Garland 129
Grand Prairie
Freeport Irving
08: 1322 Longview 114
08: 1321L Mesquite 129
08: 1323 Midland 224
08: 1324L Odessa 234
(MFC 25826, 26081, 26429, 26856, 27744, 27744, 28448, 29782, 30057, 31477,
32130, 33588)
For explanation of abbreviations and special characters see last page of this
tariff.
EFF 5/1/95 4015
SPECIFIC COMMODITY RATES
(Rates are in cents per hundredweight, except as noted)
APPLICATION ITEM
CAUSTIC SODA 2720
Minimum: 50,000 pounds.
08:1490 From To Rate
---- -- ----
Deer Park Evadale 22
Mulford
NOTE 1: Applicable only when two (2) or more loads are tendered in
consecutive movements during a twenty-four (24) hour period utilizing
the same trailer.
(MFC 30302, 30330, 31477, 32130, 33588)
CAUSTIC SODA 2740
Rate
08:2740L From To (per Load)
---- -- ----------
Freeport Pasadena 78.91
NOTE 1: Applicable only when shipper tenders unit lading of not less than two
(2) loads of the product herein provided. Such unit ladings are defined
as a single tender by one consignor to one consignee, the delivery
thereof to be consecutive movements in the same trailer and to be
accomplished at carrier's convenience within a period of 24 hours,
commencing with the time of loading of initial trailer.
NOTE 2: Carrier's waybill covering each load shall cross-reference shipper's
bill of lading number and date covering unit lading tender.
NOTE 3: In case of mechanical failure, carrier may substitute a different
trailer for second or succeeding movement and the substitution thereof
to be noted on carrier's waybill.
NOTE 4: The rate herein will not apply for the account of The Transport
Company of Texas.
(MFC 34239) (MFC 35264, effective April 9, 1993)
CAUSTIC SODA 2760
Minimum: 45,000 pounds.
From To Rate
---- -- ----
Freeport 08:1510 L Deer Park 22
Houston
08:1511 Strang 23
NOTE 1: Rates do not apply via DSI Transports, Inc.
(MFC 19399, 19950, 20078, 21347, 24357, 26429, 27744, 29782, 31477, 32130,
33588)
CAUSTIC SODA 2780
Minimum: 47,000 pounds.
08:1520 From To Rate
---- -- ----
Point Comfort Corpus Christi 33
(MFC 28924, 31477, 32130, 33588)
For explanation of abbreviations and special characters see last page of this
tariff.
EFF 5/1/95 4015
SPECIFIC COMMODITY RATES
(Rates are in cents per hundredweight, except as noted)
APPLICATION ITEM
CAUSTIC SODA 2800
Minimum: 45,000 pounds.
Between And Rate
------- --- ----
Freeport 08: 1530L Chocolate Bayou 17
Sweeny (Old Ocean)
Port Neches 08: 1531 Baytown 27
08: 1532 Houston 31
08: 1533 Webster Houston Lighting and Power 12
Deer Park Robertson Plant
near Bacliff NASA about 4 miles
08: 1533 east of Webster 12
Between And Rate
------- --- ----
08: 1534 Bloomington 36
Freeport 08: 1535L Dickinson 22
08: 1536L Texas City 19
Houston 08: 1536 Texas City 19
Deer Park 08: 1530L Dickinson 17
NOTE 1: Rates do not apply via DSI Transports, Inc.
(MFC 19399, 19664, 19950, 20078, 20602, 26429, 27744, 29782, 31477, 32130,
33588)
For explanation of abbreviations and special characters see last page of this
tariff.
EFF 5/1/95 4015
SPECIFIC COMMODITY RATES
(Rates are in cents per hundredweight, except as noted)
APPLICATION ITEM
CAUSTIC SODA 2960
Minimum: 48,000 pounds.
From To Rate
---- -- ----
1585 Viterbo
(a point 8 miles south of Beaumont 28
on old West Port Arthur Road)
Deer Park 1586 Beaumont 27
1587 Beaumont 22
(Notes 1,2,3)
1588 Port Neches 29
NOTE 1: Applicable only when shipper tenders a minimum of 2 loads to be
transported in the same carrier trailer unit in continuous and
consecutive movements to be completed within twenty-four (24) hours of
the loading of the initial load.
NOTE 2: Carrier will cross reference bill of ladings on each consecutive
movement.
NOTE 3: In the event of mechanical failure, carrier may substitute equipment.
(MFC 29358, 29782, 30200, 31477, 32119, 33588)
CAUSTIC SODA 2980
Minimum: 48,000 pounds.
From 08: To Rate
---- --- -- ----
1590L Corpus Christi 67
2980L 52
Freeport 2981L Beaumont 44 (Note 1,2,3)
NOTE 1: Applicable only when shipper tenders a minimum of 2 loads to be
transported in the same carrier trailer unit in continuous and
consecutive movements to be completed within twenty-four (24) hours of
the loading of the initial load.
NOTE 2: Carrier will cross reference bill of ladings on each consecutive
movement.
NOTE 3: In the event of mechanical failure, carrier may substitute equipment.
(MFC 25868, 26429, 27744, 29782, 31477, 32099, 32130, 33588)
For explanation of abbreviations and special characters see last page of this
tariff.
EFF 5/1/95 4015
DISTANCE COMMODITY RATES
(Rates are in cents per gallon, except as noted)
APPLICATION ITEM
08:6001L
08:6002L LIQUIFIED PETROLEUM GAS 7400
COLUMN 1: Rates apply on: Butane, Butenes, Isobutane, Isobutylenes, Butylenes
Normal Butylene and LP Gas Mixture. Minimum: 7,000 gallons.
COLUMN 2: Rates apply on: Propane and Propylene or combinations thereof
Minimum: 8,000 gallons.
COLUMN 3: Rates apply on: Butane, Butenes, Isobutane, Isobutylenes,
Butylenes, Normal Butylene LP Gas Mixture: Minimum 7,000 gallons; and
Propane and Propylene: Minimum 8,000 gallons. (See Notes 1 and 2.)
MILES 7M 8M MILES 7M 8M
10 38 61 195 737 760
15 55 78 200 759 782
25 109 132 210 870 893
35 143 166 220 908 931
45 180 203 230 948 971
55 219 242 240 987 1010
60 242 265 250 1022 1045
65 258 281 260 1061 1084
75 295 318 270 1100 1123
85 330 353 280 1139 1162
95 367 390 290 1178 1201
100 388 411 300 1217 1240
105 407 430 310 1253 1276
110 427 450 320 1292 1315
115 446 469 330 1331 1354
120 469 492 340 1370 1393
125 483 506 350 1408 1431
130 500 523 360 1447 1470
135 518 541 370 1482 1505
140 538 561 380 1521 1544
145 553 576 390 1558 1581
150 572 595 400 1598 1621
155 593 616 410 1668 1691
160 611 634 420 1710 1733
165 627 650 430 1752 1775
170 645 668 440 1794 1817
175 664 687 450 1836 1859
180 684 707 460 1879 1902
185 700 723 470 1918 1941
190 720 743 480 1960 1983
08:6001 Butane, butene, isobutane, isobutylene, butylenes, butylene LPG gas mix
08:6002 Propane & propylene
For explanation of abbreviations and special characters see last page of this
tarriff. 5/29/93
DISTANCE COMMODITY RATES
(Rates are in cents per hundredweight, except as noted)
APPLICATION ITEM
DRY COMMODITIES IN BULK, VIZ: 530
LIST OF COMMODITIES AND RATES APPLICABLE
(For Columns Referred To See Item No. 540)
SECTION A
COMMODITIES COL
Dry Commodities NOIBN ................................................ 8
Dry Commodities in Bulk not otherwise provided for in TTTCA/TBC
Tariff 24-S series.
Minimum Weight: 40,000 pounds.
SECTION B
COMMODITIES COL
Clay, Processed for Neutralization, Clarifying, Purifying, Refining, Filtering
or De-Colorizing.
CATALYSTS, VIZ.:
Silica Gel .......................................................... 22
Catalysts, NOI ...................................................... 22
Minimum Weight: 45,000 pounds
Compounds, Salt and Water Treating ....................................
Ferric Sulphate When in Covered Hopper Trucks ......................... 16
Minimum Weight: 45,000 pounds
Fertilizer and Fertilizer Materials ................................... 21
Minimum Weight: 46,000 pounds
GYPSUM CONCRETE, VIZ.:
Consisting of 15 Percent or More of Expanded Perlite By Volume ...... 18
Minimum Weight: 30,000 pounds
Consisting of Less Than 15 percent of Expanded Perlite By Volume .... 19
Minimum Weight: 42,000 pounds
Gypsum, Ground, Minimum Weight: 45,000 pounds ......................... 19
Plastics, Minimum Weight: 45,000 pounds ............................... 20
Soda Ash, Minimum Weight: 45,000 pounds ............................... 17
Sulphur, Crude, Minimum Weight: 45,000 pounds ......................... 16
(MFC 10727, 10845, 15258, 21342, 21343, 31477, 31639, 32130, 32503)
For explanation of abbreviations and special characters see last page of this
tariff.
DISTANCE COMMODITY RATES
(Rates are in cents per hundredweight, except as noted)
APPLICATION ITEM
DRY COMMODITIES IN BULK (Continued) 540
08: 5416 5417 5418 5419 5420 L
MILES COL 16 COL 17 COL 18 COL 19 COL 19 COL 20 MILES COL 16 COL 17 COL 18 COL 19 COL 19 COL 20
45m 45m 30m 42m 45m 45m 45m 45m 30m 42m 45m 45m
5 14 33 -2 10 12 31 280 132 132 136 101 103 161
10 14 36 -2 10 12 31 290 144 144 150 106 108 167
15 14 38 -1 11 13 36 300 144 144 150 106 108 171
20 14 38 -1 11 13 36 310 158 158 158 116 118 192
25 18 47 2 12 14 40 320 158 158 158 116 118 192
30 31 48 2 12 14 40 330 167 167 178 126 128 198
35 31 50 4 15 17 43 340 167 167 178 126 128 198
40 31 50 4 15 17 43 350 173 173 186 138 140 212
45 31 58 12 17 19 47 360 173 173 186 138 140 212
50 31 58 12 17 19 47 370 193 193 199 148 150 215
55 33 62 16 25 27 62 380 193 193 199 148 150 226
60 33 66 16 25 27 62 390 201 201 213 159 161 230
65 33 66 22 29 31 66 400 201 201 213 159 161 235
70 33 71 22 29 31 66 410 212 212 227 165 167 256
75 36 71 32 35 37 74 420 212 212 227 165 167 256
80 47 78 32 36 38 74 430 225 225 242 171 173 267
85 47 78 47 46 48 76 440 225 225 243 171 173 267
90 47 79 47 46 48 76 450 233 233 246 184 186 276
95 47 79 48 48 50 78 460 233 233 246 184 186 276
100 47 80 48 48 50 78 470 249 249 265 195 197 293
110 48 83 51 56 58 79 480 249 249 265 195 197 293
120 50 83 53 56 58 79 490 260 260 278 200 202 306
125 62 90 56 60 62 79 500 260 260 278 200 202 306
130 63 90 56 60 62 79 510 268 268 291 210 212 318
140 63 91 61 64 66 83 520 268 268 291 210 212 318
150 66 95 63 66 68 83 530 280 280 306 223 225 326
160 76 103 64 66 68 94 540 280 280 306 223 225 326
170 76 104 65 69 71 95 550 293 293 311 229 231 346
175 78 104 75 69 71 95 560 293 293 311 229 231 346
180 79 104 75 69 71 95 580 305 305 330 240 242 361
190 80 105 80 74 76 100 590 315 315 346 252 254 370
200 83 108 88 74 76 105 600 315 315 348 252 254 370
210 100 108 97 77 79 115 610 324 324 -- -- -- 392
220 100 112 97 77 79 115 620 324 324 -- -- -- 392
225 108 115 97 77 79 126 630 340 340 -- -- -- 397
230 108 115 111 78 80 126 640 340 340 -- -- -- 397
240 108 115 111 78 80 132 660 352 352 -- -- -- 410
250 118 132 124 92 94 139 670 364 364 -- -- -- 429
260 118 132 124 92 94 150 680 364 364 -- -- -- 429
270 132 132 136 101 103 155 690 370 370 -- -- -- 441
DISTANCE COMMODITY RATES
(Rates are in cents per hundredweight, except as noted)
APPLICATION ITEM
DRY COMMODITIES IN BULK (Continued) 540
08: 5416 5417 5418 5419 5420
ITEM 540 COL 16 COL 17 COL 18 COL 19 COL 19 COL 20
MILES 45m 45m 30m 42m 45m 45m
700 370 370 441
710 382 382 455
720 382 382 455
740 395 395 466
760 407 407 478
780 417 417 493
800 430 430 508
825 443 443 522
850 455 455 537
875 473 473 558
900 488 488 576
925 499 499 588
950 509 509 608
975 521 521 626
1000 530 530 637
Page: II-1(L/M) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
LOCKLAND/MIDDLETOWN
o Item 100
--------
Origin: Lockland, OH and Middletown, OH
Commodity: Liquid Commodities transported in single compartment
MC-307 trailer
Tank Cleaning: $125 when cleaned on DOWFAX* solution
Flat Rate/ Flat Rate/
Destination Charge Loaded Mile Destination Charge Loaded Mile
----------- ------ ----------- ----------- ------ -----------
01:2085 Pittsburg, CA -$128 + $2.25 Monaca, PA -$128 + $2.15 01:2081L
01:2075L Allyn's Point, CT -128 + 1.75 Greenville, SC 765 01:2076
01:2068 Cheswold, DE -128 + 3.55 1 Freeport, TX -128 + 1.75 01:2074L
01:2065L Calhoun, GA -128 + 2.12 Milwaukee, WI -128 + 2.21 01:2080
01:2066 Cartersville, GA -128 + 1.91 New Berlin, WI 1,121 01:2082L
33:0323L Dalton, GA -128 + 3.85 1
01:2073 Doraville, GA -128 + 1.95 Canadian Rates
01:2079L Kensington, GA -128 + 3.85 1 --------------
01:2084L Norcross, GA -128 + 1.95 Sarnia, ON -128 + 1.75 01:2087L
01:2086 Rabun Gap, GA 722 Valleyfield, PQ -128 + 1.75 03:0321L
01:2071L Tildale, GA -128 + 2.12 Varennes, PQ -128 + 1.75 01:2088L
01:2063 Bettendorf, IA 1,235
01:2070 Council Bluffs, IA 2,153
01:2072 Des Moines, IA 1,748
03:0315L Berwyn, IL -128 + 1.88
01:2083 Niles, IL 539
01:2078 Kansas City, KS -128 + 3.10
03:0316 Louisville, KY 312
01:2060 Baltimore, MD 1,085
01:2089L Wyoming, MI 523
03:0318 Lakeville, MN -128 + 2.63
01:2062 Berkeley, MO 659 1 Requires tite-fill trailer
01:2067L Charlotte, NC -128 + 2.10 ----------------------------
01:2064 Buffalo, NY 1,029
03:0319 Cincinnati, OH 272 * Trademark of The Dow Chemical Company
03:0320 Middletown, OH 222
01:2060 Bedford, PA 882
01:2069 Coraopolis, PA 492
- -------------------
o Denotes Change
Page: II-2(L/M) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 200 01:2100L
--------
Origin: Lockland, OH and Middletown, OH
Destination: Points in US (except AK, HI & OH) and points in Item 100
Commodity: Liquid Commodities transported in MC-307 trailer and multi-
compartment trailers.
Rate: -$128 flat charge + $2.85/loaded mile
o Item 300 33:0337L
--------
Origin: Middletown, OH
Destination: Texas counties of Brazoria and Harris
Commodity: Liquid Commodities transported in single compartment MC-307
trailer
Rate: -$128 flat charge + $1.75/loaded mile
o Item 400
--------
Origin: Middletown, OH
Commodity: Liquid DOWFAX* solution in single compartment trailer
Tank Cleaning: $125 when cleaned
Destination Flat Charge Rate/Mile
----------- ----------- ---------
03:0313L Tildale, GA (Dalton, GA) -$128 + $2.12
03:0312L Chattanooga, TN -128 + 2.21
03:0314L Chattanooga, TN to Tisdale, GA $215/shipment
03:0315L (continuation) or 185 1
1 Rate applies when two (2) or more loads are transported on
the same day, by the same driver, same equipment without
delay between loads.
- -------------------
* Tradmark of The Dow Chemical Company
o Denotes Change
Page: II-1(L/M) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
LONG BEACH AND/OR TERMINAL ISLAND
RULES: Except as otherwise specifically provided,
Appendix I.
ACCESSORIAL CHARGES: All accessorial charges not specifically covered by
Dow Master Contract to be billed per CLEA 100 series.
DEDICATED TRAILER CHARGE: $1,600/month/trailer on general service units for
Papi, Isocyanates, Polyol and TELONE*. 40:4002L
TANK CLEANING: Actual cost on the following products: Papi,
Isocyanates, Polyols, TELONE, hazardous and non-
hazardous waste. TCL - AC (ATRAS)
RATE MAKING MILES: Latest Rand McNally MileMaker for interstate traffic,
DTBCA and Leonard's Metropolitan Zone on intrastate
traffic.
Item 50 01:5064L
- ------
Intraplant Service: When upon request of the shipper, carrier provides
a unit for intraplant work at Dow facility in Long
Beach, CA and Torrance, CA, a charge of $55/hour,
or fraction thereof, shall apply subject to a 4
hour minimum at Long Beach, CA. Time shall begin when
carrier's equipment leaves its terminal and continue
until equipment is returned to terminal from which
dispatched.
Tank Cleaning: $200 TCL: (AITE)
* Trademark of The Dow Chemical Company
Page: II-1A(LB) Rev 2 Date: 8/15/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 100
--------
Entire item cancelled.
Page: II-2(LB) Rev 2 Date: 8/15/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 200
--------
Entire item cancelled.
Page: II-2A(LB) Rev 2 Date: 8/15/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 300
--------
Entire item cancelled.
Page: II-3(LB) Rev 2 Date: 8/15/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 400
--------
Entire item cancelled.
o Item 500
--------
Entire item cancelled.
o Item 550
--------
Entire item cancelled.
Page: II-4(LB) Rev 2 Date: 8/15/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 600 05:5005L 05:5006L
--------
Origin: Long Beach, CA; Terminal Island, CA
Destination: Points in Mexico
Commodity: Liquid Commodities
Rate: -$45 flat charge + $3.88/loaded mile
o Item 700
--------
Entire item cancelled.
o Item 800
--------
Entire item cancelled.
Page: II-1(L) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
LUDINGTON
TOLL CHARGES APPLICABLE FROM/TO LUDINGTON, MI
Rates herein do not include charges for the use of Toll Road, Bridges, Ferries
or Tunnels shown below. When, at the request of the shipper, Toll Road
Facilities are used, the charges will be paid by the carrier and shown on the
freight bill as advanced charges and supported by a receipt substantiating such
charges have been paid. Such charges are to be in addition to the rate and all
other lawful charges:
$10/round trip crossing at toll bridges, ferries, or tunnels. TL1(AITE)
Item 100
- --------
Origin: Ludington, MI
Commodity: Liquid Magnesium hydroxide
Flat Rate/
Destination Charge Loaded Mile
----------- ------ -----------
01:1010L AL, GA, KY, NC, NY, OH, PA, SC, TN -$128 + $2.46
01:1011L AZ, CA, CO, ID, MT, NM, NV, OR, UT, WA, WY -128 + 3.41
01:1012L AR, MS, TX (points not named below) -128 + 2.29
01:1013L CT, DE, MA, MD, NJ, RI, VA, WV -128 + 2.17
01:1014L FL, IL, IN, ME, NH, VT -128 + 2.93
01:1015L IA, KS, MN, MO, ND, NE, OK, SD, WI -128 + 3.02
01:1016L LA and points in TX (counties of Brazoria, -128 + 1.79
Camp, Chambers, Dallas, Fort Bend, Galveston,
Harris, Jefferson, Montgomery, Orange
and Tarrant)
01:1017L Ontario -128 + 2.53
01:1018L Quebec -128 + 3.09
01:1019L New Brunswick and Nova Scotia -128 + 3.69
Page: II-3(L/M) NEW Date: 8/7/95
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 500 50:5000L
--------
Origin: Louisville, KY
Destination: Lockland, OH and Middletown, OH
Equipment: Multi-compartment trailer
Rate: $1.30/dead head mile
o Denotes Change
Page: II-1(M) Date: 5/1/95
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
MIDLAND
DETENTION EXCEPTION:
Detention at Dow's plant site in Midland, MI shall be waived between 8:00
AM and 5:00 PM Monday thru Friday (except holidays) when loading and/or
unloading is provided by the Midland domiciled city drivers. Time before 8:00 AM
and after 5:00 PM will be subject to the Dow Standard Accessorial Chart except
no free time shall be allowed. This exception does not apply when loading or
unloading is performed by system drivers or Midland road drivers on a live load
basis. LOAD and GO
TANK CLEANING (Midland only): $75 for SILTHERM* TCLN Screen
TOLL CHARGES APPLICABLE FROM/TO MIDLAND, MI AND BAY CITY, MI
Rates herein do not include charges for the use of Toll Road, Bridges, Ferries
or Tunnels shown below. When, at the request of the shipper, Toll Road
Facilities are used, the charges will be paid by the carrier and shown on the
freight bill as advanced charges and supported by a receipt substantiating
such charges have been paid. Such charges are to be in addition to the rate and
all other lawfull charges:
$10/round trip crossing at toll bridges, ferries, or tunnels. TL1 (AITE)
Item 100 01:2050L
- --------
Between: Midland, MI or Bay City, MI
and
Points in Louisiana and Texas
Commodity: Liquid Chemicals in carrier provided (non-dedicated)
single compartment stainless steel, insulated MC-307
trailer handled in continuous movements.
Rate: $1.75/running mile, terminal-to-terminal
- ---------------------
* Trademark of The Dow Chemical Company
o Denotes Change
Page: II-2(M) Rev 5 Date: 12/13/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 200
--------
Origin: Midland, MI
Commodity: Liquid Commodities transported in non-dedicated, single
compartment MC-307 reloadable trailer.
Rate/Loaded Mile
-----------------------------------------
"NALL" Destination Flat Chg Column 1 Flat Chg Column 2 "DALI"
----------- -------- -------- -------- --------
03:0327L LA, TX -$128 + $1.75 -$128 + $2.01 03:0334L
03:0328L AL, AR, CT, DE, FL, GA, -128 + 2.15 -128 + 2.47 03:0335L
IL, KY, MD, MA, MS, NC,
NJ, NY, OH, PA, RI, SC,
TN, VA, WV
03:0329L CA -128 + 2.22 -128 + 2.55 03:0336L
03:0330L MO, NH, WI -128 + 2.32 -128 + 2.67 03:0337L
03:0331L AZ, IA, KS, ME, NB, NM, -128 + 2.52 -128 + 2.90 03:0338L
OK, ON, PQ
03:0332L IN -128 + 2.76 -128 + 3.17 03:0339L
03:0333L AK, AB, BC, MB, MN, MT, -128 + 3.02 -128 + 3.47 03:0340L
NE, SK, WA
Load Count Guarantee:
--------------------
Mon-Sat: 28 loads/day, +/-20%
Sat-Sun: 6 loads/day, +/-20%
Penalty: 15% surcharge for all orders in excess of
------- maximum or less than minimum load count
guarantee.
Note: 1. Column 1 represents rates used when load count target numbers
have been met, Column 2 represents penalty rates for falling
short or exceeding targeted load counts.
2. Rates apply for Aqueous Acrylamide Solution for the account of
Flocryl: c/o Commercial Traffic, P.O. Box 30832, Cleveland, OH
44130
Item 300 01:0005L "DA15"
--------
o Origin: Between Midland, MI and Bay City, MI and Harbor Beach, MI and
Destination: Points in the U.S. (except MI, AK, HI) and Canada
Commodity: LIQUID AND DRY CHEMICALS (not specified in Item 200)
transported in single compartment, non-reloadable or multi-
compartment trailers.
Miles Flat Charge Rate/Loaded Mile
----------------- ----------- ----------------
0 - 100 $184 + $2.85
101 - 200 202 + 2.69
201 - 400 138 + 3.05
401 - 800 137 + 3.10
801 - 1000 284 + 2.93
1001 - Over 204 + 3.00
Cleaning: Rate of $190/load on Intrastate Michigan moves of latex
liquid only.
- ---------------------
o Denotes Change
Page: II-3(M) Rev 3 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 400
--------
Origin: Midland, MI and Bay City, MI
Commodity: Monochloroacetic and alpha monochloropropionic butylene oxide,
chloroacetyl chloride, DURSBAN*, glacial acrylic acid,
monochloroacetic acid and telone transported in dedicated
trailer.
Destination Rate/Shipment
----------- -------------
01:1408L Theodore, AL $2,998
01:0016L Lake Charles, LA 3,959
01:1406L Taft, LA 3,130
01:0011L Greenville, NC 3,272
01:0010L Dayton, NJ 2,649
03:0306L Waterloo, NY 1,307
03:0311L Beaumont, TX 3,920
01:0012L Hopewell, VA 2,579
01:0018L Sarnia, ON 614
01:0020L Tillsonburg, ON 939
o Item 500 01:3808L
--------
Origin: Midland, MI
Destination: Pittsburg, CA
Commodity: LORSBAN* in dedicated container
Rate: $4,613/shipment
o Item 600 03:0341L
--------
Origin: Midland, MI and Bay City, MI
Destination: Colorado, Utah, Nevada and Idaho
Commodity: Liquid Commodities in single compartment MC-307 trailer.
Rate: -$128 flat charge + $3.02/loaded mile
- -------------------
* Trademark of The Dow Chemical Company
o Denotes Change
Page: II-4 (M) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 700 01:8951 L
--------
Origin: Midland, MI
Destination: Midland, MI
Commodity: Chassis idle day charges
Rate: $16/day (7 day/week)
Applies on Chassis #TOLZ 62048 and #NLSZ 021057-9
o Item 800 01:3300 L
--------
Between: Dow Chemical at Midland, MI to the Port of New York/New
Jersey piers with an empty container and return to Midland,
MI with a loaded container.
Commodity: Methylacrylonitrile in shipper-owned container
Rate: $2,700/round trip
Chassis $15/day includes maintenance and tires to Dow specification
Charge: CHA (AITE)
o Item 900 01:2012 L
--------
Origin: Bay City, MI
Destination: Sarnia, ON
Commodity: Calcium Chloride when transported in MC-306 or MC-312
rubber-lined trailer
Rate: -$92 flat charge + $3.55/loaded mile
o Item 1000 03:0322 L
---------
Origin: Points in U.S. excluding Michigan
Destination: Midland, MI and Bay City, MI
Commodity: Liquid Commodities in MC-307 trailer (reloadable 2/1 type
only)
Rate: -$128 flat charge + $1.75/loaded mile
o Denotes Change
Page: II-5 (M) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 1100 01:2009 L
---------
Origin: Bay Minette, AL
Destination: Midland, MI
Commodity: Liquid Chemicals in shipper-owned container on carrier
provided chassis
Rate: $3,154/shipment
No allowance for use of shipper-provided chassis.
o Item 1150 01:1150 L
---------
Origin: Midland, MI**
Destination: Midland, MI
Commodity: Diethylbenzene
Rate: $4,084/shipment
** NOTE: This rate is based on loading diethylbenzene in Midland, MI
proceeding to Bay Minette, AL for addition of 1300 lbs. of inhibitor, then
proceed to Geismar, LA for addition of 1500 lbs. of another inhibitor, then
returning to Midland with approximately 42M lbs. of total product.
o Item 1200 01:3059 L
---------
Origin: Claymont, DE
Destination: Midland, MI
Commodity: Ethylene when transported in cryogenic trailer
Rate: $3,105; cleaning does not apply TCL, CTC - NA (AITE)
o Item 1300 01:2010 L
---------
Origin: Vicksburg, MS
Destination: Midland, MI
Commodity: Liquid Chemicals in shipper-owned container on carrier provided chassis
Rate: $3,267/shipment
o Item 1400 01:0025 L
---------
Origin: Clearlake, TX; Deer Park, TX; Freeport, TX and Taft, LA
Destination: Midland, MI
Commodity: Glacial Acrylic Acid in a specially designed trailer
Rate: $2,962/shipment; Cleaning does not apply TCL, CTC - NA (AITE)
This rate applies only with a MI down-bound shipment to
TX or LA.
o Denotes Change
Page: II-6 (M) Rev 2 Date: 9/1/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 1500 03:0309 L
---------
Origin: Sarnia, ON
Destination: Midland, MI
Commodity: Liquid Chemicals NOI in non-dedicated single compartment
trailer.
Rate: $32 flat charge + $2.50/mile
Item 1600 03:0326 L
---------
Origin: Delaware City, DE
Destintation: Muskegon, MI
Commodity: Liquid Commodities in MC-307 trailer
Rate: -$128 flat charge + $2.05/loaded mile
This rate applies only on inbound shipments for Dow.
Tank $125 when cleaned TCL (AITE)
Cleaning:
o Item 1700
---------
Entire item canceled.
Item 1800 03:0307 L
---------
Origin: Midland, MI
Destination: Pittsburg, KS
Commodity: Chloroacetyl Chloride in shipper-owned ISO container
Rate: $2,575/shipment
Tank cleaning not applicable. TCL, CTC - NA (AITE)
o Denotes Change
Page: II-7 (M) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 1900 03:0305 L
---------
Origin: Midland, MI
Destination: Detroit, MI
Commodity: Commodities in shipper provided ISO container
Rate: $413
Rate includes 2-1/2 hours for loading LOA (AITE)
When a chassis is delayed beyond the free time, a charge of $15/chassis
will be made for each 24 hours period or fraction thereof and will apply in
addition to all other applicable charges.
Tank cleaning not applicable. TCL, CTC - NA (AITE)
Item 2000 02:0106
---------
Origin: Detroit, MI
Destination: Midland, MI
Commodity: Empty ISO containers
Rate: $90/container
Rate applies on repositioning an empty ISO container in conjunction with the
movement of a loaded ISO in Item 1900.
o Item 2100 03:0303 L
---------
Origin: Midland, MI
Destination: Points in US and Canada
Commodity: Liquid Commodities transported in shipper provided ISO container and chassis.
Rate: $1.41/running mile, terminal-to-terminal; $15/day/chassis
Rate applies on shipper-owned container.
o Denotes Change
Page: II-8 (M) Rev 5 Date: 02/17/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 2300 01:0302 L
---------
Origin: Winder, GA
Destination: Midland, MI
Commodity: Sodium Lauryl Sulphate in single compartment MC-307 trailers
Rate: -$128 flat charge + $1.75/loaded mile
Item 2400 03:0345 L
---------
Origin: Midland, MI
Destination: Marlborough, MA
Commodity: Liquid Commodities in dedicated single compartment MC-307 trailers
Rate: -$128 flat charge + $3.00/loaded mile
NOTE: Traffic to be routed through Sarnia, ON
Hand Additional $75 TCL (AITE)
Cleaning
Charge:
Item 2500 01:2400 L
---------
Origin: Castle Hang, NC
Destination: Midland, MI
Commodity: Sodium bichromate
Rate: -$128 flat charge + $1.75/loaded mile
Cleaning: $450 TCL (AITE)
o Item 2600 01:2401
---------
Origin: Midland, MI
Destination: Muskegon, MI
Commodity: Phosphorous Oxychloride in Shipper Provided ISO Container/Chassis
Rate: $610/shipment
o Denotes Change
Page: II-1 (MI) NEW Date: 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
MICHIGAN
Item 100 01:2000 L
--------
Origin: Midland, MI
Commodity: Hydrochloric Muriatic
Rate/CWT
Destination 45M# MIN.
----------- ---------
Dearborn, MI 78
River Rouge, MI 78
Item 200 01:4000 L
--------
Origin: Midland, MI
Commodity: Dimethyl-Hydrolyzate Polydimethyl-Siloxane
Destination: Adrian, MI
Rate/CWT: 79
45M# MIN.
Page: II-2(MI) NEW Date: 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 300
- --------
Origin: Midland, MI
Commodity: Liquid Commodities
Destination Rate/CWT
----------- --------
01:6000L Battle Creek, MI 90 40M# MIN.
89 45M# MIN.
87 50M# MIN.
01:6001L Escanaba, MI 198 40M# MIN.
193 50M# MIN.
184 60M# MIN.
01:6002L Gross, MI 198 40M# MIN.
193 50M# MIN.
184 60M# MIN.
01:6003L Kalamazoo, MI 109 40M# MIN.
106 50M# MIN.
01:6004L Munising, MI 208 50M# MIN.
147 75M# MIN.
01:6005L Muskegon, MI 92 45M# MIN.
90 50M# MIN.
85 60M# MIN.
80 70M# MIN.
01:6006L Plainwell, MI 109 40M# MIN.
108 45M# MIN.
106 50M# MIN.
01 :6007L Port Huron, MI 92 45M# MIN.
90 50M# MIN.
85 60M# MIN.
80 70M# MIN.
01:9000L Alpena, MI $ 550 Rate per shipment
Page: II-3(MI) NEW Date: 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY
AND CHEMICAL LEAMAN TANK LINES, INC.
Item 400 02:0001
- --------
Territorial Application: Between various Michigan points
Commodity: Commodities in bulk
- ------------------------------------------------------------------------------------------------------
RATES RATES RATES
- ------------------------------------------------------------------------------------------------------
MILES (40) (45) MILES (40) (45) MILES (40) (45)
- ------------------------------------------------------------------------------------------------------
5 13 14 170 139 135 335 281 270
10 18 18 175 143 138 340 285 274
15 23 23 180 146 143 345 289 279
20 29 28 185 150 146 350 293 282
25 34 34 190 153 149 355 298 286
30 39 39 195 157 153 360 301 290
35 40 10 200 161 156 365 305 293
40 45 44 205 172 167 370 308 297
45 48 47 210 181 176 375 312 301
50 52 52 215 189 183 380 315 305
55 55 54 220 193 186 385 320 308
60 59 58 225 196 191 390 324 312
65 62 61 230 200 194 395 327 315
70 66 65 235 204 198 400 331 319
75 69 68 240 208 201 405 333 320
80 74 72 245 212 205 410 335 322
85 78 76 250 215 208 415 338 327
90 81 81 255 219 212 420 343 331
95 84 83 260 223 216 425 347 334
100 88 87 265 226 219 430 351 338
105 92 91 270 231 223 435 355 342
110 96 94 275 235 227 440 359 345
115 100 99 280 238 230 445 363 350
120 104 102 285 242 235 450 368 354
125 107 105 290 246 238 455 371 357
130 110 108 295 249 241 460 375 361
135 114 111 300 254 245 465 379 365
140 118 114 305 258 248 470 383 369
145 121 118 310 261 252 475 386 373
150 124 122 315 265 256 480 391 377
155 128 125 320 269 260 485 395 380
160 132 129 325 272 263 490 399 384
165 135 132 330 277 267 495 403 388
- ------------------------------------------------------------------------------------------------------
Page: II-1 (NH) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 100
- ----------
Origin: North Haven, CT
Destination: Points in U.S. including Connecticut
Commodity: Plastic Pellets
Miles Flat Charge Rate/Mile
----- ----------- ---------
01:0113L 0 - 130 $49 + $2.75
01:1113L 131 - 200 -21 + 3.26
201 & Over -23 + 3.27
o Item 200 01:0167L
- ----------
Origin: North Haven, CT
Destination: Bellville, NJ
Commodity: Plastic Pellets
Rate: $42 flat charge + $2.64/loaded mile
o Item 300 01:0168L
- ----------
Origin: North Haven, CT
Destination: Brampton, Ontario; Port Hope, Ontario
Commodity: Plastic Pellets
Rate: -$128 flat charge + $3.49/loaded mile
o Denotes Change
Page: II-l(P) Date: 5/1/95
------------------------------
Dow:
------------------------------
CLEA:
------------------------------
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
PITTSBURG
---------
ACCESSORIAL CHARGES: All accessorial charges not specifically covered by Dow
- -------------------
Master Contract to be billed per CLEA 100 series. (ACON)L
DEDICATED TRAILER CHARGE: $1,600/month/trailer 07:1111L
- ------------------------ Telone, Trifluoro Herbicidal Intermediate
TANK CLEANING CHARGE: Actual cost. Telone, Trifluoro Herbicides
- -------------------- Intermediate, hazardous and non-hazardous waste.
TCL (ARTA) on these products.
INTRAPLANT SERVICE AT THE DOW FACILITY AT PITTSBURG. CA:
- -------------------------------------------------------
07:5065L $55/hour or faction thereof; 1 hour minimum tank cleaning charge
$200 (when carrier is required to deadhead to cleaning rack to
clean trailer, an additional charge of $1.50/running mile will
apply; minimum $165). DHL, DHU (AiTE)
SPOTTING TRAILER CHARGE: $110/day; $1,600/month MAX 07:1111L SPL, SPU (AiTE)
- -----------------------
SPOTTING CHASSIS CHARGE: $45/day; $800/month MAX 07:1111L CHA (AiTE)
- -----------------------
DEADHEADING CHARGE: $1.50/running mile when required or requested to spot
- ------------------ or pick up trailer or chassis. Minimum charge:
07:7101L $165/round trip
07:1112L - empty container trans CHA, DHL, DHU (AiTE)
RATE MAKING MILES: Interstate traffic Rand McNally MileMaker;
- ----------------- Intra-CA DT8CA and Leonard's Metropolitan Zone
o Denotes Change
Page: II-2(P) Rev l Date: 6/17/96
----------------------------------
Dow:
----------------------------------
CLEA:
----------------------------------
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 100 07:2700L
--------
Between Pittsburg, CA and points in California
Commodity: Liquid Commodities transported in MC-307 single compartment trailer
Minimum: Rates shown that produce less than the minimum charge apply on a per load
basis only when two (2) consecutive loads are moved in the same unit by the same
driver with no delay between loads, no cleaning and no change of equipment.
"NA25"
Miles Flat Charge Rate/Mile Miles Flat Charge Rate/Mile
----- ----------- --------- ----- ----------- ---------
30 -$128 + $9.65 230 -128 + $3.40
40 -128 + 7.70 240 -128 + 3.40
50 -128 + 6.60 250 -128 + 3.40
60 -128 + 5.90 260 -128 + 3.35
70 -128 + 5.40 270 -128 + 3.35
80 -128 + 5.05 280 -128 + 3.35
90 -128 + 4.75 290 -128 + 3.35
100 -128 + 4.50 300 -128 + 3.35
110 -128 + 4.30 320 -128 + 3.35
120 -128 + 4.15 340 -128 + 3.35
130 -128 + 3.95 360 -128 + 3.35
140 -128 + 3.85 380 -128 + 3.35
150 -128 + 3.75 400 -128 + 3.35
160 -128 + 3.65 420 -128 + 3.35
170 -128 + 3.60 440 -128 + 3.30
180 -128 + 3.50 460 -128 + 3.30
190 -128 + 3.45 480 -128 + 3.30
200 -128 + 3.40 500 -128 + 3.30
210 -128 + 3.40 520 -128 + 3.30
220 -128 + 3.40 540 & Over -128 + 3.30
o Denotes Change
Page: II-2A(P) Rev 2 Date: 6/17/96
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APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 105
--------
Origin: Pittsburg, CA
Commodity: Liquid Solvents (acetone, caustic soda, chelating compounds,
glycerines, glycols, anti-freeze, VORANOL*, amines, phenol,
epoxy resin, chlorinated solvents [perchloroethylene,
methylene chloride], lacquer solvents [glycol ether acetate]
and resin solvents [DOWANOL* DB, DM, DMP, EB, PM])
Cleaning: $225 when cleaned
Single Compartment Multi-Compartment
Destination Flat Charge Rate/Loaded Mile Flat Charge Rate/Loaded Mile
- ----------- ----------- ---------------- ----------- -----------------
Corvallis, OR 07:0732L -$128 + $2.30 $-128 + $2.45 07:0758L
Halsey, OR 07:0735 -128 + 2.30 -128 + 2.45 07:0761
Newberg, OR 07:0738L -128 + 2.30 -128 + 2.45 07:0764L
Portland, OR 07:0742L -128 + 2.30 -128 + 2.45 07:0768L
Salem, OR 07:0745L -128 + 2.30 -128 + 2.45 07:0771L
Springfield, OR 07:0747 -128 + 2.30 -128 + 2.45 07:0773
White City, OR 07:0750 -128 + 3.10 -128 + 3.10 07:0776
Auburn, WA 07:0728 -128 + 2.30 -128 + 2.45 07:0754
Kalama, WA 07:0736 -128 + 2.30 -128 + 2.45 07:0762
Kent, WA 07:0737L -128 + 2.30 -128 + 2.45 07:0763L
Pasco, WA 07:0740L -128 + 2.30 -128 + 2.45 07:0766L
Spokane, WA 07:0746L -128 + 2.45 -128 + 2.55 07:0772L
Washougal,WA 07:0749L -128 + 2.30 -128 + 2.45 07:0775L
Pts in OR or WA (not named) 07:0752L -128 + 2.45 -128 + 2.45 07:0778L
Canadian Rates
- --------------
Calgary, AB 07:0730L -128 + 2.55 -128 + 2.55 07:0756L
Edmonton, AB 07:0733L -128 + 2.55 -128 + 2.55 07:0759L
Goadlish Lake, AB 07:0734 -128 + 2.55 -128 + 2.55 07:0760
Nisku, AB 07:0739 -128 + 2.55 -128 + 2.55 07:0765L
Burnaby, BC 07:0729L -128 + 2.45 -128 + 2.45 07:0755L
Campbell River, BC 07:0731 -128 + 2.45 -128 + 2.45 07:0757
Port Moody, BC 07:0741L -128 + 2.45 -128 + 2.45 07:0767L
Quesnel, BC 07:0743 -128 + 2.45 -128 + 2.45 07:0769
Richmond, BC 07:0744L -128 + 2.45 -128 + 2.45 07:0770L
Vancouver, BC 07:0748L -128 + 2.45 -128 + 2.45 07:0774L
Winfield, BC 07:0751L -128 + 2.45 -128 + 2.45 07:0777L
Pts in AB or BC (not named) 07:0753L -128 + 2.55 -128 + 2.55 07:0779L
*Trademark of The Dow Chemical Company
o Denotes Change
Page: II-3(P) Rev 1 Date: 6/17/96
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APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 200 07:2800L
--------
Origin: Pittsburg, CA
Destination: Points in California
Commodity: Hydrochloric Acid transported in MC-312 rubber lined trailer
Minimum: 48M lb minimum
Note: Cleaning does not apply TCL, CTC - NA (AiTE)
Miles Rate/cwt Miles Rate/cwt
----- -------- ----- --------
20 $0.20 220 $1.24
30 0.24 230 1.28
40 0.27 240 1.32
50 0.34 250 1.34
60 0.37 260 1.41
70 0.43 270 1.47
80 0.48 280 1.53
90 0.52 290 1.59
100 0.57 300 1.66
110 0.62 320 1.78
120 0.68 340 1.91
130 0.74 360 2.03
140 0.80 380 2.16
150 0.85 400 2.28
160 0.89 420 2.41
170 0.94 440 2.53
180 1.01 460 2.66
190 1.08 480 2.78
200 1.14 500 2.91
210 1.22
o Item 300 07:0700L
--------
Origin: Pittsburg, CA
Destination: Points in U.S. except California
Commodity: Telone
Rate: $12 flat charge + $3.10/loaded mile
o Denotes Change
Page: II-4(P) Rev 1 Date: 6/17/96
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APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 400
--------
Origin: Pittsburg, CA
Destination: Points in California
Commodity: Spent Sulfuric acid; caustic soda; HCl
Miles Flat Charge Rate/Mile
----- ----------- ---------
07:701AL 0 - 70 $ 4 + $2.48
07:2701L 71 - 120 25 + 2.22
07:0701L 121 - 200 -26 + 2.52
201 - Over -105 + 2.92
Rates apply only in the absence of rates more specifically
provided herein.
o Item 500 07:0702L
--------
Between: Points in California counties of Alameda, Contra Costa and
California counties of Los Angeles and Orange
Commodity: Liquid Commodities (includes solvents, caustic soda and
latex)
Rate: -$88 flat charge + $2.12/loaded mile TCL - check pg 1
o Item 600 07:0702L
--------
Between: Points in California counties of Los Angeles and Orange and
California counties of Alameda and Contra Costa
Commodity: Liquid Commodities in single and multi-compartment trailer
Rate: -$88 flat charge + $2.12/loaded mile TCL - check pg 1
o Denotes Change
Page: II-5(P) Rev 1 Date: 6/17/96
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APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 700 07 0703L TANK CLEANING
-------- $40.00
BACK0UT ____________
Between: Points in California counties of Alameda and Contra Costa and
California counties of Ventura and Riverside
Commodity: Liquid Commodities (includes solvents, caustic soda and latex)
Rate: -$88 flat charge + $2.26/loaded mile TCL - check pg 1
Item 800 08:8000
--------
Between: Points in California counties of Alameda and Contra Costa and
California counties of Los Angeles and Orange
Commodity: Liquid Commodities in intermodal tank containers
Rate: $50/hour, 6 hour minimum
Time shall begin when carrier's equipment leaves its
terminal and continue until equipment is returned to
terminal from which dispatched. TCL - check pg 1
o Item 900 09: 9000L
--------
Origin: Pittsburg, CA
Destination: CT, GA, IL, MI, OH
Commodity: Liquid Commodities
Rate: -$128 flat charge + $1.75/loaded mile TCL - check pg 1
o Denotes Change
Page: II-6(P) Rev3 Date: 6/17/96
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APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 1000
---------
Origin: Pittsburg, CA
Commodity: Caustic Soda or solvents transported in single compartment,
non-dedicated MC-307 trailer
Destination Flat Charge Rate/Mile
----------- ----------- ---------
07:0708 AR, IA, MN, MO, OK -$128 + $1.70(1)
07:0709 LA, MI, TX (except shipments -128 + 1.55(1)
destined to Mexico)
07:0710L Tildale, GA (Dalton, GA) -128 + 1.75
07:0711L Points in Canada -88 + 2.95
(1)Rate applies only on shipments handled in backhaul transportation
TANK CLEANING
$40.00
o Item 1100 BACK0UT ____________
---------
Origin: Pittsburg, CA
Commodity: Liquid Commodities transported in MC-307 single and
multi-compartment trailers. TCL - check pg 1
Destination Flat Charge
----------- -----------
07:1713L Antioch, CA $367
07:1714L Cloverdale, CA 603
07:1714L Kelseyville, CA 603
07:1714L Middletown, CA 603
o Item 1200 TANK CLEANING
--------- $40.00
BACK0UT ____________
Origin: Pittsburg, CA
Commodity: Liquid Waste Water
Destination Flat Charge
----------- -----------
07:0721 E. Los Angeles, CA $837
07:0722 E. Palo Alto, CA 335
07:0723 Los Angeles, CA 837
07:0724 Palo Alto, CA 335
07:0725L San Jose, CA 312
Compressor/Pump Charges: Included in rate CMU, CML, PMU,
PML - IR (AiTE)
Tank Cleaning Charge: Actual cost TCL - AC (AiTE)
Waste Permit Fees: Included in rate PMT - IR (AiTE)
o Denotes Change
Page: II-7(P) Rev I Date: 6/17/96
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APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 1300 07:0706L
---------
Origin: Pittsburg, CA
Destination: Pittsburg, CA
Commodity: Caustic Soda HCL
Rate: $22/shipment
o Item 1400 TANK CLEANING
--------- $25.00
BACK0UT ____________
Origin: Pittsburg, CA
Commodity: Salt Brine (Sodium Chloride)
Destination Flat charge
----------- -----------
07:1707L Bakersfield, CA $612
07:1707L Belridge, CA 612
07:1707L Cymeic, CA 612
07:1707L Fellows, CA 612
07:1707L Maricopa, CA 612
07:1707L McKittrich, CA 612
07:1707L Midway, CA 612
07:1707L Taft, CA 612
07:1708L Ded. Coalinga, CA 447
07:1709L Non-
Ded.
Tank cleaning is included in rate only when shipment is
transported in a dedicated trailer which is to be performed
every 5th load. Shipments transported in other than
dedicated trailer are subject to an additional charge of
$125 for cleaning of trailer.
o Item 1500 07:1716
---------
Origin: Pittsburg, CA
Destination: Pittsburg, CA with stop-off in Rio Vista - (split card only)
Commodity: Petroleum Distillates, NOS
Rate: $227/shipment
o Denotes Change
Page: II-8(P) Rev I Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 1600 07:0727L
---------
Origin: Pittsburg, CA
Destination: Bakersfield, CA
Commodity: Potassium Chloride (KOH) in single compartment trailer
Rate: $731/shipment
Tank
Cleaning: $175 when cleaned TCL (AiTE)
o Item 1700 07:0720
---------
Origin: Pittsburg, CA
Destination: Chicago, IL or Midland, MI
Commodity: Inserve transported in single compartment trailer (HERBICIDE)
Rate: -$128 + $1.85/loaded mile
o Item 1800
---------
Origin: Pittsburg, CA
Destination: Midland, MI
Commodity: Trifluoro Methyl Pyridine
Rate: $8,200/shipment (Rate applies April 1 thru October 31 via Rt. I-80) 07:0704L
$9,114/shipment (Rate applies November 1 thru March 30 via Int. 07:0705L
Rts. 40, 44, 55, 80 & 94)
Dedicated Trailer Charge: $1,600/month - Telone
$1,000/month - Dichloro, Trifluoro,
Methyl Pyridine
Idle Day Charge: $100/day for dedicated VH acid trailer
o Item 1900 07:0726
Origin: Pittsburg, CA
Destination: Midland, MI
Commodity: Lontrale transported in single compartment MC-307 trailer (HERBICIDE)
Rate: -$128 + $1.55/loaded mile
o Denotes Change
Page: II-9(P) Rev I Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 2000
---------
Origin: Pittsburg, CA
Destination: Plaquemine, LA 07:0717L, Midland, MI 07:0716L or Bridgeport, NJ 07:0715L
Commodity: Hazardous Waste, NOS
Rate: -$128 + $1.85/loaded mile
Tank Cleaning: Actual cost TCL-AC (ATIE)
Hazardous Waste Permit Charges:
Plaquemine, LA $75 with load
Midland, MI $275 with load HWP (AITE)
Bridgeport, NJ $350 with load
o Item 2100 07:0718L
---------
Origin: Pittsburg, CA
Destination: Deer Park, TX
Commodity: Styrene or waste water transported in single compartment trailer
Rate: -$128 +$1.85/loaded mile Waste TCL - see pg 1
o Item 2200
---------
Destination: Pittsburg, CA
Commodity: Liquid Chemicals transported in single compartment MC-307 trailer
Origin Flat Charge Rate/Mile
------ ----------- ---------
22:2200L LA, MS, TX -$128 + $2.05
22:2201L AL, CT, DE, GA, IL, KY, MD, MI, NC, NJ, PA, SC -128 + 2.10
22:2202L MA, NY, RI, TN, VA -128 + 2.20
22:2203L AR, FL, IN, NH, VT, WI, WV -128 + 2.40
22:2204L ME, MO -128 + 2.60
22:2205L MN, IA -128 + 2.80
22:2206L CO, KS, MT, ND, NE, NM, SD, WY -128 + 3.25
22:2207L AZ, ID, OR, UT, WA -128 + 3.30
22:2208L NV -128 + 3.45
o Denotes Change
TCL - pg. 1
Page: II-10(P) Rev I Date: 8/12/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 2300
---------
Origin: Pittsburg, CA
Destination: Points in the U.S. (including CA) and points in British
Columbia
Commodity: Liquid Commodities transported in single and multi-
compartment non-dedicated MC-307 trailer and intermodal
container movement.
Miles Flat Charge Rate/Mile
----- ----------- ---------
77:0712L 0 - 70 $57 + $2.49
71 - 120 83 + 2.23
121 - 200 72 + 2.25
07:0712 201 & Over -88 + 2.95
Item 2400 77:0706L
---------
Origin: Pittsburg, CA
Destination: Pittsburg, CA (Imperial West Plant Only) per Desiree Press
Commodity: PT acid in single compartment MC-312 trailers
Rate: $97/shipment "DAII"
o Item 2500 (New)
---------
Origin: Pittsburg, CA
Commodity: Waste Tar in dedicated equipment only.
Destination Flat Charge Rate/Mile
----------- ----------- ---------
07:2500L Midland, MI -$128 $3.30
07:2501L Clive, UT -128 3.30
Trailers to return to Pittsburg, CA for cleaning.
o Denotes Change
Page: II-1(STL) Rev I Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
ST. LOUIS
o Item 100
--------
Origin: St. Louis, MO
Commodity: Liquid Caustic Soda
Destination Rate/Shipment
----------- -------------
02:2001 Pagedale, MO $51 or
02:2009 29*
*Rate applies only when two consecutive loads are transported
on same day, in the same unit.
Above rates not subject to tank cleaning.
o Item 200
--------
Origin: St. Louis, MO
Commodity: Liquid Caustic Soda
Minimum: Minimum/shipment from Schedule of Minimum Charges except when
multiple loads are tendered and delivered by the same driver,
same equipment, same day.
Miles Flat Charge Rate/Mile
----- ----------- ---------
02:2028L 30 - 100 $83 + $2.30
02:2029L 101 - 240 -2 + 3.07
241 - Over -128 + 3.45
o Denotes Change
Page: II-1(SV) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
SAVANNAH
o Item 100 01:GA01L
--------
Origin: Savannah, GA
Destination: Points in U.S. including Georgia in continuation of an
interstate movement (except AK & HI)
Commodity: Liquid Chemicals transported in MC-307 trailer
Tank Cleaning: $125 when cleared for solvents end caustic solution
TCL (AiTE) other prod. (ATRA)
Miles Flat Charge Rate/Mile
----- ----------- ---------
0 - 100 -$34 + $2.25
101 - 210 -96 + 2.87
201 - 420 -106 + 2.91
421 & Over -68 + 2.87
o Item 200
--------
Origin: Savannah, GA
Commodity: Diphenyl Oxide
Destination Flat Charge Rate/Mile
----------- ----------- ---------
18:0200L Freeport, TX -$128 + $1.75
18:0201L Magnolia, AR -128 + 2.25
o Denotes Change
Page: II-1(T/D) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
TILDALE/DALTON
o Item 100
--------
Origin: Tildale, GA and Dalton, GA
Commodity: Liquid Commodities transported in MC-307 trailer
Rate/
Destination Flat Charge Loaded Mile*
----------- ----------- -----------
06:1000L AL -$128 + $3.00
06:1002L AZ. CO. IA. ID. KS. MT, ND, NE, NM, -128 + 3.16
NV. OK, OR, SD, UT, WA, WY
06:1004L AR -128 + 2.53
11:0182L CA -128 + 2.40
06:1006L CT, DE, MA, MD. NJ, NY, OH. PA, RI, WV -128 + 2.16
01:0278L FL -128 + 3.15
06:1008L IL, IN, MI -128 + 2.32
06:1010L KY -128 + 2.48
06:1012L LA -128 + 1 69
06:1014L ME, NH, VT -128 + 2.42
06:1016L MN, WI -128 + 2.89
01:0288L MS -128 + 2.60
01:0281L NC -128 + 2.80
06:0184L SC -128 + 2.25
06:1018L TX (only Houston and points within 75
highway miles thereof) -128 + 1.59
06:1020L MO, TN, TX (other than shown above) -128 + 2.79
01:0286L VA -128 + 2.70
* Rates not applicable on shipments destined to Mexico
o Denotes Change
Page: II-2(T/D) Rev 3 Date: 6/17/96
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APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES. INC.
o Item 200
--------
Origin: Tildale, GA and Dalton, GA
Commodity: Liquid Commodities transported in MC-307 trailer
Destination Flat Charge Rate/Mile
----------- ----------- ---------
01:1112L Mahrt, AL -$128 + $2.65
01:0180L City of industry, CA -128 + 2.25
01:0181L San Gabriel, CA -128 + 2.25
01:1148 Allyn's Point, CT -128 + 1.89
01:0292 Atlanta, GA 0.59/cwt*
01:0293 Dalton, GA 70 flat
01:0294 East Dublin, GA 1.50/cwt*
01:0295 Ellijay, GA 168 flat
01:0296 Lylerly, GA 0.52/cwt*
01:0297 Rabun Gap, GA 0.83/cwt*
01:0298 Ringgold, GA 0.52/cwt*
01:0299 Rome, GA 168 flat
01:0300L Points in GA within 25 miles of origin 140 flat
(other than shown above)
01:1165L Midland, MI -128 + 1.89
01:1114L Meridian, MS -128 + 2.58
01:1116L Gastonia, NC -128 + 2.60
01:1168L Omaha, NE -128 + 3.15
01:1135L Chillicothe, OH -128 + 1.89
01:1140L Cincinnati, OH -l28 + 1.90
01:1142L Cleveland, OH -128 + 1.89
01:1145L Columbus, OH -128 + 1.86
01:1160L Lockland, OH -128 + 1.88
01:1130L Carlisle, PA -128 + 1.86
01:1120L Willow Grove. PA -128 + 1.89
O1:1110L Landrum, SC -128 + 2.62
01:1111L Liberty, SC -128 + 2.68
01:0303 Ennis, TX -128 + 2.34
01:1117L Freeport, TX -128 + 1.73
01:1146L Covington, VA -128 + 2.57
01:1118L Richmond, VA -128 + 2.55
o Denotes Change
Page: II-3(T/D) Rev 3 Date: 2/01/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 300 11:1175L
--------
Origin: Tildale, GA and Dalton, GA
Commodity: Liquid Latex in single compartment MC-307 trailer
Tank $175 when cleaned TCL (AiTE)
Cleaning: Rate/cwt*
---------
Destination 42M 46M
----------- ----- -----
Granby, PQ and St. Jean, PQ $8.54 $8.26
*Rates stated and payable in U.S. funds
o Item 400 01:0114L
--------
Origin: Tildale, GA and Dalton, GA
Destination: Netcong, NJ
Commodity: Liquid Latex in single compartment MC-307 trailer
Rate: $1,482/shipment
Tank $175 when cleaned TCL (AiTE)
Cleaning:
Item 500 01:0290L
--------
Origin: Points in the U.S.
Destination: Tildale, GA and Dalton, GA
Commodity: Liquid Commodities in single compartment MC-307 trailer
Rate: -$128 flat charge + $1.75/loaded mile
Item 600 11:1180L
--------
Origin: Kearny, NJ
Destination: Tildale, GA and Dalton, GA
Commodity: Foam Control Agent (defoamer)
Rate: $2.34/loaded mile
Tank $100 when required TCL (AiTE)
Cleaning:
o Denotes Change
Page: II-4(T/D) Rev 2 Date: 2/01/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 700
--------
Origin: Tildale, GA and Dalton, GA
Destination: Augusta, GA
Commodity: Latex, liquid in single compartment MC-307 trailers
Rate: $587/shipment - If loaded between 0400 - 1500 hours ll:1181L "NAII"
$472/shipment - If loaded between 1501 - 0359 hours ll:1182L "DAII"
Tank:
Cleaning: $175 when cleaned TCL (AiTE)
o Denotes Change
Page: II-1(W) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
WILMINGTON
o Item 100 02:0200L
--------
Origin: Wilmington, NC
Destination: Points in U.S. including North Carolina in continuation of
an interstate movement.
Commodity: Liquid Caustic Soda
Minimum: Minimum/shipment from Schedule of Minimum Charges. (Will not
apply when two or more shipments are handled by the same
driver with the same equipment on the same day.)
Miles Flat Charge Rate/Mile
----- ----------- ---------
0 - 50 $35 + $3.02
5 - 200 11 + 2.88
201 & Over 41 + 2.99
Tank
Cleaning: $125 when cleaned TCL (AiTE)
o Item 200 33:0295L
--------
Origin: Wilmington, NC
Destination: Allyn's Point, CT
Commodity: Caustic soda solution
Rate: $1.57/loaded mile
o Denotes Change
Page: II-1(MISC) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
MISCELLANEOUS
Item 100 33:0338L
- --------
Origin: Chattanooga, TN
Destination: Champaign, IL
Commodity: Liquid Commodities in single compartment MC-307 trailers
Rate: $1.90/loaded mile
Item 200 01:1100L
- --------
Origin: Delaware Water Gap, PA
Destination: Houston, IX
Commodity: Ammonium Phosphate; potassium phosphate
Rate: $1.42/loaded mile
Item 300 11:1185L
- --------
Origin: Wilmington, NC
Destination: Columbus, OH
Commodity: Liquid Commodities in single compartment MC-307 trailer
Rate: $1,017/shipment
Item 400 03:0342L
- --------
Origin: Haverhill, OH
Destination: Rotterdam Junction, NY
Commodity: Liquid Phenol in single compartment trailers
Rate: $2.12/loaded mile
Item 500 01:0301
- --------
Origin: Shadeland, IN or Lafayette, IN
Destination: Port Allen, LA or Baton Rouge, LA
Commodity: Fermentation Fluids in ISO containers
Rate: $1.48/loaded mile per round-trip shipment
Note: Rate to include mileage from and return to depot storage
yard in Chicago, IL
Spotting: $75 per 24 hour period included in rate SPL, SPU (AiTE)
o Denotes Change
Page: II-2(MISC) Rev 7 Date: 01/27/97
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CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 600
--------
Origin: Solvay, NY *Note: This rate includes 3rd Party Shipments per RA30
Commodity: Plastic Pellets
Destination Rate/Shipment
----------- -------------
60:2200L Erie, PA $ 738
60:2201L Paterson, NJ 733
Item 700
--------
Origin: Philadelphia, PA
Commodity: Magnesium Hydroxide Liquid
Cleaning When cleaned
Charges:
Destination Rate/Shipment
----------- -------------
o 70:0106L Chester, VA $ 500
70 0100 Clifton, NJ 372
70:0104 Lancaster, PA 292
o 70:0107L Monroe, NC 2.30 /loaded mile
70:0102L Newark, NJ 322
70:0103 Nutley, NJ 372
o 70:0108 Raleigh, NC 2.38 /loaded mile
70 0101L Ridgefield Park, NJ 372
70:0105L Scranton, PA 442
Item 800
--------
Origin: Richmond, VA
Commodity: Magnesium Hydroxide Liquid
Destination Flat Charge Rate/Loaded Mile
----------- ----------- ----------------
80:0100L Chester, VA $ 372
80:0103L Richmond, VA 372
80:0101L Monroe, NC -128 + $ 2.75
80:0102L Netcong, NJ -128 + 2.30
80:0104L Newark, NJ -128 + 2.30
o Item 900 Moved to Page: II-3(MISC) Effective: 01-27-97
--------
o Denotes Change
Page: II-3(MISC) Rev 5 Date: 02/10/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 900 01:0900L
--------
Origin: Charleston, SC
Destination: Sarnia, ON
Commodity: Liquid Commodities in MC-307 single compartment, reloadable
trailers
Rate: -$128 flat charge + $1.75/loaded mile
Item 1000
---------
Origin: Granite City, IL
Destination: Points in the U.S.
Commodity: Calcium Chloride Liquid
Miles Flat Charge Rate/Loaded Mile
------------- ----------- ----------------
10:0100L 30 - 100 $ 83 + $ 2.30
10:0101L 101 - 240 -2 + 3.07
10:0101L 241 - Over -128 + 3.45
Item 1100
---------
Origin: Chicago, IL
Commodity: Caustic Soda Solution, liquid
Cleaning: When cleaned
Miles Flat Charge Rate/Loaded Mile
------------- ----------- ----------------
40:1500L 30 - 100 $ 83 + $ 2.30
40:1501L 101 - 240 -2 + 3.07
40:1501L 241 & Over -128 + 3.45
o Item 1200 22:2009L
---------
Origin: Louisville, KY
Destination: Lebanon, KY (Worthington Industries)
Commodity: Liquid Calcium Chloride in dedicated, single compartment, MC-306
aluminum trailers
Rate: $360/shipment
Cleaning: Actual cost, when cleaned. TCL - AC (AiTE)
Note: Tank cleaning to be reviewed after initial 3-5 cleans to
determine contract bill amount to be published.
o Denotes Change
Page: II-4(MISC) NEW Date: 3/01/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 1300
---------
Origin: Pittsburgh, PA
Commodity: Liquid Magnesium Hydroxide in MC-307, single compartment,
trailers
Cleaning When cleaned
Charges:
Destination Rate/Shipment
----------- -------------
22:2210 Adrian, PA $ 332
22 2211 Albright, WV 435
22:2212 Maidsville, WV 360
22:2213 Morgantown, WV 360
22:2214 Parkersburg, WV 575
o Denotes Change
Page: II-1(COFC) Rev 5 Date: 10/16/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
REPRESENTING UNION PACIFIC BULKTAINER SERVICE
AiTEs Default to "Bulk"
Item 100 88:0100L
--------
Origin: Pittsburg, CA
Destination: Midland, MI
Commodity: Waste Tar
Rate: $4,665/shipment
Cleaning: Actual cost when cleaned when removed from Dow service
TCL (AiTe) - AC
Item 200 88:0101L
--------
Origin: Ludington, MI
Destination: Vancouver, WA
Commodity: Magnesium Hydroxide, liquid
Rate: $3,500/shipment
Cleaning: Tank cleaning included in rate TCL - IR (AiTE)
Item 300 88:0103L
--------
Origin: Middletown, OH
Destination: Pittsburg, CA
Commodity: Surfactant, liquid
Rate: $4,386/shipment
Cleaning: Tank cleaning included in rate TCL - IR (AiTE)
Item 400 88:0104L
--------
Origin: Midland, MI
Destination: Pittsburg, CA
Commodity: Organophosphorus pesticide
Rate: $4,053/shipment
Cleaning: Tank cleaning outside of rate TCL (AiTE)
o Item 500 Moved to MISC Section
-------- Effective: 10-16-96
o Denotes Change
Page: II-2(COFC) Rev l Date: 11/20/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
REPRESENTING UNION PACIFIC BULKTAINER SERVICE
AiTE's Default to "Bulk"
Item 600 88:0102L
--------
Origin: Midland, MI
Destination: Pachuta, MS
Commodity: Organophosphorus
Rate: $3,210/shipment
Cleaning: Tank cleaning included in rate TCL - IR (AiTE)
o Item 700 88:0l05
--------
Origin: Midland, MI
Destination: Fresno, CA
Commodity: Herbicide, liquid
Rate: $4,314/shipment
Cleaning: Tank cleaning included in rate TCL - IR (AiTE)
o Denotes Change
Page: I-1(B) Date 10/01/96
Dow:
CLEA:
APPENDIX I
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
BAYONNE
Rates as published in the Dow/Chemical Leaman contract are subject to the
following rules and provisions:
1. Dow Chemical agrees to a capital recovery provision effective October 14,
1996 through December 31, 2000. Under this provision, Chemical Leaman Tank
Lines, Inc. shall be entitled to recover a portion of its capital outlay under
the conditions outlined in item 2, below. Chemical Leaman's asset valuation
(capital outlay) is Six Hundred Thousand Dollars ($600,000) for the construction
and purchase of new MC-307 stainless steel trailers to be provided for food
grade and solvents service. The amount of capital recovery to which Chemical
Leaman shall be entitled shall be Six Hundred Thousand Dollars ($600,000) less
Two Percent (2.0%) for each month (or fraction thereof) of the contract term
that has expired from the date Dow Chemical has been notified, in writing, that
Chemical Leaman wishes to invoke this capital recovery provision. Should
Chemical Leaman invoke this capital recovery provision under the specified
conditions in item 2 below, Chemical Leaman shall retain full ownership of all
applicable assets covered in this provision. Should Chemical Leaman decide to
terminate the contract, the capital recovery provision shall not be invoked.
2. Chemical Leaman reserves the right to invoke item 1 provisions except under
the following conditions: service performance as outlined in item 5; competitive
pricing as outlined in item 6; and under certain business conditions whereby Dow
Chemical documents business losses due to customer or product transitions.
3. Should Chemical Leaman be required to place additional new trailers into
service to meet Dow Chemical's shipment requirements, Chemical Leaman shall be
entitled to capital recovery. The asset valuation for the additional new
trailers (capital outlay) shall be the cost for the construction and purchase of
the new trailers. The amount of capital recovery to which Chemical Leaman shall
be entitled shall be the result of multiplying the capital outlay amount by the
result of dividing the unexpired number of months (or fractions thereof)
remaining through December 31, 2000 by the total number of months (or fractions
thereof) for the period between the date of the additional capital outlay and
December 31, 2000.
4. Dow Chemical commits One Hundred Percent (100%) of the Dow controlled and
routed outbound freight, stated to be approximately $2,500,000 annual to be
routed via Chemical Leaman Tank Lines or their broker subsidiary, Capacity
Management Systems. Should Dow Chemical change the legal terms of sale for
transactions originating at Bayonne which results in a decline of business
routed via Chemical Leaman Tank Lines, Chemical Leaman shall reserve the right
to invoke item 1.
Page: I-2(B) Date 10/01/96
Dow:
CLEA:
APPENDIX I
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
BAYONNE
5. Chemical Leaman will provide error free service levels at a minimum of Ninety
Five Percent (95%) total carrier error free. Should the error free performance
level fall below Ninety Five Percent (95%) for any consecutive 6-month calendar
period, Dow Chemical reserves the right to waive the capital recovery provision
as stated in item 1 of the Bayonne Rules Tariff. Total carrier error free
performance shall be defined as stated in the Uniform Bulk Motor Carrier
Contract, effective April 1, 1995 plus appendices I through III effective May 1,
1995. If Chemical Leaman retains the business at less that 95% error free
performance, and subsequently the error free performance improves to meet or
exceed the 95% level for a consecutive 6-month calendar period, the capital
recovery provision in item 1 shall be reinstated.
6. Dow Chemical reserves the right to receive and review competitive pricing bid
proposals for single source bulk carrier operations at their Bayonne, NJ
terminal operation. Dow Chemical agrees to consider no fewer than Three (3)
non-Chemical Leaman carrier pricing bids simultaneously, which each reduce
existing Chemical Leaman contract pricing by Five Percent (5%) or greater.
7. Chemical Leaman-Tank Lines, Inc. reserves the right of first refusal to
compare existing contract pricing to the Three (3) competitive bids each
generating a reduction of Five Percent (5%) or greater. Dow Chemical agrees to
provide competitive operating parameters in addition to proposed competitive
bids.
8. Chemical Leaman reserves the right to re-negotiate current transportation
price levels should any changes to the operating parameters, as outlined in
Section I, significantly alter costs such as changes in equipment or driver
levels, trailer types, on-site personnel staffing, loading hours, unloading
hours, equipment accessorial requirements, tank cleaning requirements or Dow
terminal site location. Chemical Leaman shall provide written documentation
supporting increased operating costs due to changes in the operating parameters
as outlined above and in Section I.
9. Chemical Leaman reserves the right to increase transportation price levels up
to Five Percent (5%) under conditions outlined in item 8. Should Chemical Leaman
require an increase greater than 5%, Dow Chemical reserves the right to re-bid
the Bayonne, NJ business. Should Dow Chemical receive Three (3) or more
competitive bids at least five percent (5%) below Chemical Leaman proposed
pricing, Chemical Leaman agrees to revoke the take or pay provisions as outlined
in item 1. Should Dow Chemical not receive Three (3) or more competitive bids at
least Five Percent (5%) below Chemical Leaman proposed pricing, Chemical Leaman
shall retain the business at Bayonne, NJ.
Page: I-3(B) Date 10/01/96
Dow:
CLEA:
APPENDIX I
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
BAYONNE
Section I: Operations Parameters: Dow Chemical @ Bayonne, NJ
A/ Chemical Leaman will provide dedicated trailers for solvent and food grade
products.
B/ Solvent trailers shall have stainless steel pumps mounted on each trailer.
C/ Chemical Leaman will provide on-site management personnel.
D/ Dow will provide the use of 2 offices at the Bayonne terminal for Chemical
Leaman personnel.
E/ Chemical Leaman will assume responsibility for order processing on October
14, 1996.
F/ Chemical Leaman will transition business in twenty five percent (25%)
segments to be completed with one-hundred percent (100%) business control
one hundred fifty (150) days from the October 14, 1996 start.
G/ Loading hours at Dow-Powell/Dufferin will commence 0200 hours Mondays and
continue 24 hours through 1900 hours Friday of each week.
H/ Chemical Leaman will be expected to perform at a ninety-eight percent (98%)
on time delivery level by January 14, 1997.
I/ Chemical Leaman will determine, through coordination with Powell Dufferin,
specific order load times. Return loading during PM hours are based on
first come first served.
J/ All trailers tendered for loading will be subject to vacuum testing.
K/ All food grade trailers tendered for loading will be subject to a white
glove test for contaminants.
L/ Dow Chemical will tender orders directly to Chemical Leaman Tank Lines for
processing and driver dispatch.
M/ Chemical Leaman will arrange for all Food Grade trailers to be Koshered.
Dow Chemical agrees to pay actual cost for the kosher process.
N/ Chemical Leaman will NOT mix food grade and chemical products on the same
trailer.
O/ Chemical Leaman will not allow any brokered carrier to mix food grade and
chemica1 products on the same trailer.
P/ Chemical Leaman will route via the least congested route exiting the
Bayonne, NJ terminal. Toll charges may vary, depending on the route which
will be based on area construction projects and the related impact on
traffic conditions.
Q/ Chemical Leaman agrees to broker with only Dow core and/or approved
carriers.
R/ Chemical Leaman and Dow will conduct quarterly service reviews at the
Bayonne terminal. Dates and times to be arranged as needed.
S/ When multiple stop deliveries are required, a stop in-transit charge of
$45.00 per stop shall be added to the transportation bill. Detention free
time of two (2) hours shall be applied to the ENTIRE routing/delivery
process on multiple stop deliveries, with unloading hours above and beyond
the total two (2) free hours to be billed to Dow Chemical at a rate of
$22.50 per half hour, or fraction thereof.
Page: II-2(B) Rev 1 Date 02/25/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 100 01:0100L 01:0200L (Food Grade)
- --------
Origin Bayonne, NJ
Destination: Points in U.S.
Commodity: Liquid Commodities in Dedlcated MC-307 Single and
Multi-Compartment Trailers.
Miles Rate/Shipment
----- -------------
0 - 50 $340
51 - 75 $390
76 - 100 $480
101 - 125 $525
126 - 150 $575
151 - 175 $625
176 - 200 $700
201 - 225 $750
226 - 250 $825
251 - 275 $875
276 - 300 $925
301 & Over $3.10/loaded mile
(NEW)
Item 200
- --------
Origin: Bayonne, NJ
Commodity: Liquid Hazardous Materials in Dedicated MC-307 Single
Compartment Trailers.
Destination Rate/Shipment
----------- -------------
01:0101L Kings Point, VA $1,380
01:0102L McKees Rocks, PA 1,531
01:0103L Neville Island, PA 1,361
01:0104L Pittsburgh, PA 1,414
01:0105L Portsmouth, VA 1,398
01:0106L Rochester, PA 1,457
01:0107L Saegertown, PA 1,482
Page: II-1(B) Date 10/01/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
BAYONNE
RULES: Except as otherwise specifically provided,
Appendix I.
ACCESSORIAL CHARGES: All accessorial charges not specifically covered by
Dow Master Contract to be billed per CLEA 100 series.
HIGHWAY TOLL CHARGES: Actual cost. TL1-AC (Aite)
PUMP/COMPRESSOR CHARGES; Included in rate. PML, PMU, CMU-IR (AiTE)
DETENTION FREE TIME: 2 hours for loading; 2 hours for unloading.
LOA, UNL (AiTE)
EXCESS DETENTION CHARGES $22.50 per half hour, or fraction thereof.
TANK CLEANING CHARGES: Glycerine USP, Glycols: $155, when cleaned. |
Solvents; Flush, Steam & Dry: $158, when cleaned. | TCLN
Liquid Commodities; Caustic Water: $181, when cleaned. | SCREEN
Food Grade Products: Actual cost, when cleaned. |
Multi-Compartment Trailers: $22.50/compartment greater than one)
(ACON)
Page: II-2(B) Date 10/01/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 100 01:0100L 01:0200L (Food Grade Products)
- --------
Origin: Bayonne, NJ
Destination: Points in U.S.
Commodity: Liquid Commodities in Dedicated MC-307 Single and
Multi-Compartment Trailers.
Miles Rate/Shipment
----- -------------
0 - 50 $340
51 - 75 $390
76 - 100 $480
101 - 125 $525
126 - 150 $575
151 - 175 $625
176 - 200 $700
201 - 225 $750
226 - 250 $825
251 - 275 $875
276 - 300 $925
301 & Over $3.10/1oaded mile
Page: II-1(L/M) Date 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
Item 100 50:5000L
- --------
Origin: Louisville, KY
Destination: Lockland, OH and Middletown OH
Equipment: Multi-compartment trailer
Rate: $1.30/dead head mile
Page: II-1(MID) Date 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
Item 100 03:0322L
- --------
Origin: Points in U.S. excluding Michigan
Destination: Midland, MI and Bay City, MI
Commodity: Liquid Commodities in MC-307 trailer
(reloadable 2/1 type only)
Rate: $1.75/loaded mile
Item 200 01:2009L
- --------
Origin: Bay Minette, AL
Destination: Midland, MI
Commodity: Liquid Chemicals in shipper-owned container on carrier
provided chassis
Rate: $3,282/shipment
No allowance for use of shipper-provided chassis.
Page: II-1(MIS) Date 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
Item 100
- --------
Origin: Points in Texas
Commodity: General Chemicals in stainless steel single compartment
trailers in non-dedicated, reloadable service.
Destination Rate/Mile
----------- ----------
04:4500L CT, DE, GA, IL, IN, KY, MA MD, MI (Except $2.26
Midland), NC, NJ, NY, OH, PA, RI, SC, VA,
WV, ON and PQ
04:0400L Canada except ON and PQ 3.00
04:4505L AL, MS, MO, TN 2.58
04:4510L CA 2.60
04:4525L LA 2.14
04:4515L All other states except TX and as 2.81
otherwise provided herein.
Item 200 04 4590L
- --------
Origin: Points in Texas
Destination: Points in U.S. (except Texas) and Canada
Commodity: Liquid Commodities transported in multi-compartment trailer.
Rate: $2.85/loaded mile
Page: II-2(MIS) Rev 1 Date 12/13/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
Item 300 01:0005L
--------
o Origin: Between Midland, MI and Bay City, MI and Harbor Beach, MI
Destination: and Points in the U.S. (except Ml, AK, HI) and Canada
Commodity: LIQUID AND DRY CHEMICALS (not specified in Item 200)
transported in single compartment, non-reloadable or
multi-compartment trailers.
Miles Rate/Loaded Mile
----- ----------------
0 - 100 $2.85
101 - 200 2.69
201 - 400 3.05
401 - 800 3.10
801 - 1000 2.93
1001 - Over 3.00
Cleaning: Rate of $19O/load on Intrastate Michigan moves of latex
liquid only.
Item 400 01:0270L
--------
Origin: Channahon, IL
Destination: Points in the U.S. and Ontario
Commodity: Liquid Commodities transported in multi-compartment MC-307
trailer
Rate: $3.05/loaded mile
Item 500 01:0280L
--------
Origin: Channahon, IL
Destination: Points in Manitoba, Alberta Quebec, British Columbia,
Saskatchewan and New Brunswick
Commodity: Liquid Commodities transported in multi-compartment MC-307
trailer
Rate: $3.18/loaded mile
o Denotes Change
Page: II-3(MIS) Date: 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
Item 600
--------
Origin: Channahon, IL
Commodity: Liquid Commodities transported in MC-307 single compartment
trailers
Rate Per
Destination Loaded Mile
----------- -----------
01:0125L LA $ 1.80
AL, DC, DE, FL, IN, KY, MILES
01:0130L MD, ME, MI, MS, NC, NH, 10 - 150 3.00
SC, VT, VA 151 & Over 2.60
01:0272L OH 2.25
01:0273L OH (Counties of: Meigs, Gallia, Lawrence, Scioto, 2.60
Pike, Jackson and Vinton
01:0183L CT, MA, PA, NJ, NY, RI, WV, Ontario 2.10
01:0184L TN 2.60
01:0185L Tildale, GA (Dalton,GA) 1.75
01:0186L GA (all other points) 2.25
01:0187L TX (Counties of: Brazoria, Chambers, Ft. Bend, 1.75
Galveston, Harris, Jefferson and Montgomery)
01 2090L TX (Dallas and Tarrant counties) 2.25
01:0188L TX (all other points) 2.50
01:0132L Points in US including Illinois in continuation of 2.85
an interstate move
01:0271L Points in Manitoba, Alberta, Quebec, British 3.00
Columbia, Saskatchewan and New Brunswick
Page: II-1(MUS) Date: 09/01/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
Item 100 03:0326L
--------
Origin: Delaware City, DE
Destination: Muskegon, MI
Commodity: Liquid Commodities in MC-307 trailer
Rate: $2.05/loaded mile
This rate applies only on inbound shipments for Dow.
Cleaning: $125 when cleaned. TCL (AiTE)
Page: II-1(MX) Date: 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
Item 100 04:4521L
--------
Origin: Points in Texas
Destination: Points in Mexico
Commodity: Liquid Commodities
Rate: $3.00/loaded mile
On shipments to Mexico to be transported via the international
boundary at any point in Texas, an extra charge of $200/round
trip crossing will be applicable in addition to all other
charges.
Page: II-1(PITT) Date: 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
Item 100
--------
Destination: Pittsburg, CA
Commodity: Liquid Chemicals transported in single compartment MC-307
trailer
Origin: Rate/Mile
------- ---------
22:2200L LA, MS, TX $ 2.05
22:2201L AL, CT, DE, GA, IL, KY, MD, MI, NC, NJ, PA, SC 2.10
22:2202L MA, NY, RI, TN, VA 2.20
22:2203L AR, FL, IN, NH, VT, WI, WV 2.40
22:2204L ME, MO 2.60
22:2205L MN, IA 2.80
22:2206L CO, KS, MT, ND, NE, NM, SD, WY 3.25
22 2207L AZ, ID, OR, UT, WA 3.30
22:2208L NV 3.45
Page: II-1(SAR) Date: 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
Item 100 01:0900L
--------
Origin: Charleston, SC
Destination: Sarnia, ON
Commodity: Liquid Commodities in MC-307 single compartment, reloadable
trailers
Rate: $1.75/loaded mile
Page: II-1(TIL) Date: 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
Item 100 01:0290L
--------
Origin: Points in the U.S.
Destination: Tildale, GA
Commodity: Liquid Commodities in single compartment MC-307 trailer
Rate: $1.75/loaded mile
Page: SAC-1(IB) Date: 06/17/96
Dow:
CLEA:
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
IN BOUND
--------
PROVISION (NO.) CHARGE
- --------------------------------------------------- -------------------------------------------------------------
Detention (4) Net debits under an averaging agreement for
loading and unloading detention billed at $45/hour
on a quarterly basis. LOA, UNL (ACON)
Cancelled Vehicle (5) $140. XLD (ACON)
Diversion/Reconsignment (6) $35. REC (ACON)
Rejected Shipments (8) 50% Of outbound line haul rates; minimum of $165
and minimum of $1.30/mile. REJ
Spotting for Line Haul Movements (9) $110 Each 24 hour period or fraction thereof. SPL, SPU (ACON)
Tractor only: $1.41/mile; $65 minimum. DHU, DHL (ACON)
Spotting for Storage (9) Determined by local contract terms and charges as
listed in Appendix II.
Sunday and Holidays (10) $195. PRE $.00 $195.00 min. (ACON) TRFI min & max $195.00
Stop-off Intransit (11) $45. STO (ACON)
Weighing Vehicles (12) $20. SCL, SCU (ACON)
Accessorial and Emergency Service (13) Sunday and Holidays: 01:8905L
$45 each hour; 8 hours minimum. UN #608402
All other days: 01:8906L
$45 each hour; 4 hours minimum. UN #608401
Assistance from or Evacuation of $5 For each 15 minute period or fraction thereof will
Power Vehicle by Second Driver: be assessed if second driver is required to assist in
Loading/Unloading (13A) loading/unloading or evacuation from his unit. XML, XMU AON
Tank Cleaning and Heel Disposal (14) A. $125 Standard products. (ACON)
B. $190 (See Attachment A) TCLN Screen
C. $500 (See Attachment A) TCLN Screen
D. Determined by local contract terms and charges
as listed in Appendix II.
Page: SAC-2(IB) Date: 06/17/96
Dow:
CLEA:
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
PROVISION (NO.) CHARGE
- -------------------------------------------------------- ----------------------------------------------------
Special Equipment and Service (15) A. $90 For compartmented trailers. CTC (ACON).00
B. $45 Heating-in-transit (tractor only).
$85 Heating-in transit (tractor and trailer).
C. Heating Service:
Note A Note B
------ ------
$45 $11 Weekdays (excluding holidays).
$55 $13 Saturdays.
$65 $17 Sundays and holidays.
Note A: Applies for the first hour or fraction
thereof.
Note B: Applies for each additional fifteen
minutes or fraction thereof.
Overnight and Weekend Layovers (16) $200 single driver - overnight
$275 sleeper team - overnight
$600 single driver - weekend
$1,760 sleeper team - weekend
If inbound line haul charges are rated from
another shipper's contract, Dow contract
accessorial charges will apply (17)
Page: SAC-3(IB) Date: 06/17/96
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BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Attachment A
CATEGORY PRODUCTS
- ----------------------------------------------- ----------------------------------------------------
A. STANDARD CLEANING ALL PRODUCTS NOT OTHERWISE SPECIFICALLY
$125 PER CLEANING LISTED IN CATEGORIES B, C, OR D.
B. HARD TO CLEAN 2-4-D ACID BUTYL ESTER
$190 PER CLEANING 2-4-D ACID ISOOCTYL ESTER
2-4-D BUTOXYETHYL ESTER
2-4-D DIETHANOLAMINE SALT 5
2-4-D ISOPROPYLAMINE SALTS
2-4-D MCPP INTERMEDIATE 4851A
2-4-D TEA-4
2-4-D TRIISOPROPAL AMINE SALT
2-4-D ISOOCTYL ALCOHOL
2-4-D ISOOCTYL D
DOW DMA-6 SEQUESTERED
DOW DMA-6 UNSEQUESTERED
EPOXY RESINS
ESTERON 99 CONCENTRATE 24-D
HAZARDOUS WASTE, LIQUID
SYNTHETIC LATEX/LIQUID RUBBER
TELONE*
(2-4-D IS AN ABBREVIATION FOR 2-4-DICHLORO
PHENOXY ACETIC ACID)
C. DIFFICULT TO CLEAN DICHLOROTETRAFLUOROPYRIDINE
$500 PER CLEANING (DCTFP)
PHENOL
D. EXCEPTIONS PRODUCTS TO BE DETERMINED BY LOCAL
CONTRACT TERMS AND CHARGES WILL BE
LISTED SEPARATELY IN APPENDIX II.
*TRADEMARK OF THE DOW CHEMICAL COMPANY
Page: AIII-1 Rev 3 Date: 4/1/96
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APPENDIX III
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MEASUREMENT PROGRAM FOR QUALITY PERFORMANCE
-------------------------------------------
Carrier and Shipper mutually agree to review Carrier's service performance at
the end of each calendar quarter of the term of this Agreement. For the purpose
of this performance incentive, a service failure is defined as any
carrier-related non-conformance reported via the Dow North America Quarterly
Carrier Performance Summary shown below.
Carrier's service performance shall be calculated as the total number of Carrier
controllable failures in the immediately preceding quarter divided by the total
number of carrier loads in that quarter, multiplied by 100 to convert to a
percentage. This result will then be subtracted from 100 to arrive at the
Carrier's quarterly performance rating.
Incentives and penalties will be calculated as a percentage of the total
linehaul charges for the quarter for which the quarterly performance rating is
calculated. Incentives and penalties will be paid within forty-five (45) days of
the end of said quarter. Incentives and penalties will be calculated using the
scale shown below. Maximum incentive or penalty shall be $25,000 per quarter.
Performance Level Incentive/(Penalty
----------------- ------------------
greater than 98.5% 1%
95-98% 0%
less than 95% (1%)
o To be eligible for the performance award pay-out, carrier safety performance
must be 0.25 incidents/1,000 shipments or less.
o Denotes Change
Page: AIV-1 Rev 2 Date: 9/30/96
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APPENDIX IV
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
We hereby agree to pay a fuel surcharge of 2% added to the total line-haul
charge effective September 30. 1996, until further notice.
This supersedes all other fuel surcharge provisions in effect prior to
September 30, 1996.
THE DOW CHEMICAL COMPANY CHEMICAL LEAMAN TANK LINES, INC.
/s/ ___________________________ /s/ ___________________________
Name: Michael W. Humphreys NAME: _________________________
TITLE: Supply Manager TITLE: ________________________
DATE: _________________________ DATE: _________________________
EXHIBIT 1
TEXAS OPERATIONS
CARRIER SELF-INSPECTION PROCEDURE FOR
ACCEPTANCE AS PARTICIPATING CARRIER
PURPOSE:
The purpose of this document is to describe the criteria necessary for a carrier
to participate in Texas Truck Operations Carrier Self-Inspection program.
PROCEDURE:
1. Any carriers wanting to inspect their own trailers will have to demonstrate
a trailer acceptance rate of at least 99.3% for a period of 12 months.
2. The Terminal Manager has to specify specific people to be certified as Dow
Qualified Inspector.
3. The carrier has to provide Truck Operations a written copy of their
inspection procedure which outlines their inspection process.
4. Truck Operations audits the carrier's terminal facility for the purpose of
standardizing the inspection process. The Terminal Manager documents the
audit.
5. The carrier's candidates for Dow Qualified Inspectors will successfully
inspect ten (10) trucks at the Tank Truck Control Center to the
satisfaction of the Truck Operations specialist.
6. The Terminal Manager agrees to have enough Dow Qualified Inspectors by the
day of implementation.
7. Beginning on the day of implementation, the carrier's trailers will be
randomly inspected at a rate of one (1) per day for two (2) weeks.
8. If a trailer is rejected, the Terminal Manager is responsible for
conducting a Root Cause Analysis Investigation on the rejection and
reporting the results to Dow Truck Operations.
o Denotes Change
Page: V-1 Rev 1 Date: 11/3/95
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APPENDIX IV
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Carrier will follow the Texas Operations Carrier Self-Inspection Procedures for
Acceptance (Exhibit 1) on any shipments tendered by Dow's Freeport, Texas
facility.
1. If a contamination occurs, root cause analysis will be done to determine
the cause of the contamination. A contamination will be described as the
introduction of any foreign substance into the material or the material
does not meet Dow production specifications.
2. If the root cause analysis determines the contamination was due to carrier
error or negligence, carrier will be liable for the total cost of the
product as determined by Dow's invoice. If Dow elects to reprocess the
product, carrier will be responsible for all reprocessing costs.
o3. If the contaminated material caused by carrier's negligence or error has
been introduced into the customer's production, carrier will be liable for
customer's down time and cleaning customer's storage tank if the customer
requests restitution.
4. Carrier will also be responsible for any emergency freight if the
contamination was due to carrier error or negligence.
THE DOW CHEMICAL COMPANY CHEMICAL LEAMAN TANK LINES, INC.
/s/______________________ /s/ ___________________________
Name: M. W. Humphreys Name: _________________________
Title: Purchasing Agent Title: ________________________
Date: ___________________ Date: _________________________
o Denotes Change
Page: AV-1 Date: 03/14/97
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APPENDIX V
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
For all shipments rated under this Agreement, no claims for overcharges or
undercharges will be made by either party after one (1) year from date of
shipment.
THE DOW CHEMICAL COMPANY CHEMICAL LEAMAN TANK LINES, INC.
/s/ _________________________ /s/ _____________________________
Name: Michael W. Humphreys NAME: George E. Ciarlone
TITLE: Supply Manager TITLE: Manager - Cost Analysis
DATE: _______________________ DATE: April 18. 1997
Page: AI-1 Rev 2 Date: 6/17/96
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APPENDIX I
BULK
ADDITIONAL CONTRACT PROVISIONS
1. COMMON CARRIER SERVICE NOT EXCLUDED
The normal operations of Carrier as a motor Common Carrier shall not be affected
by this Contract, nor shall Carrier be precluded from performing transportation
services for Dow as a Common Carrier in connection with transportation services
outside the scope of this Contract.
2. COMPUTATION OF MILEAGE
Distances between all points shall be based upon Rand McNally MILEMAKER System
as determined from the Household Goods Carriers' Bureau Milage Guide No. 14 or
reissues thereof.
3. CONDITION OF TANKS TENDERED FOR LOADING
Carrier will supply "clean, dry, and free of contaminating odor" tank equipment
of the type needed for the product involved. Pumps and hoses must be free of
contaminants, and hose ends (when not in use) must be protected from
contamination.
o 4. DETENTION
(a) Except as otherwise more specifically provided for in Appendix II of this
Contract, no free time will be allowed for loading at any Dow or Dow
designated location and no free time will be allowed for unloading at any
consignee's location.
(b) Paragraphs not brought forward
(f) are hereby canceled Effective: 06-17-96
o Denotes Change
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5. CANCELLED VEHICLES
Except as otherwise provided (see Exception), when a tractor-trailer unit is
ordered by Dow and such order is subsequently cancelled or postponed by Dow
after the vehicle has been dispatched from the Carrier's terminal, the charges
in the S.A.C. will apply. In addition, the terms of Provision No. 4 will apply,
except that no time without charge shall be allowed.
Exception: When the vehicle ordered is subsequently cancelled for the shipment
of the commodity for which it was specifically ordered, but such
vehicle is used in the shipment of the same commodity to a different
destination, or is used in a shipment of a different commodity to
the same destination or a different destination, the terms of this
Provision will not apply if the vehicle, as presented, is acceptable
for loading without cleaning, and if the vehicle is of an acceptable
capacity to Dow. Furthermore, if cancellation is communicated to
Carrier more than four hours prior to scheduled departure, this
Provision does not apply.
6. DIVERSION OR RECONSIGNMENT
Shipments moving on rates named in this Contract may be diverted or reconsigned
in transit or at billed destination, subject to the following conditions:
o Denotes Change
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(a) The term "Diversion or Reconsignment" means a change in the name of
consignee and/or destination of the entire shipment, or any other
instructions given to the Carrier requiring an addition to, or change in,
billing necessary to effect delivery or involving an additional movement of
equipment.
(b) On shipments diverted or reconsigned to a place of unloading within the
corporate limits of the municipality to which the shipment was originally
consigned, the applicable rate from point of origin to destination will
apply, in addition to the charge provided in the S.A.C.
(c) On a shipment diverted or reconsigned to a place of unloading not within
the corporate limits of the municipality to which the shipment was
originally consigned, the applicable rates (see Exception) shall be
determined from mileage tables herein based on the mileage from point of
origin to final destination over the route of actual movement as per Dows'
instruction computed in accordance with Provision No. 2, and will apply in
addition to the charges provided in the S.A.C.
Exception: When point of diversion or reconsignment is on the most direct
highway route and is intermediate to the final destination, the
rate to the final destination will apply.
(d) On such movements, freight charges will be computed on the actual loaded
movement miles.
(e) The charge, (see S.A.C.) for each diversion or reconsignment, is in
addition to all other applicable charges. This charge will be billed to
company requesting diversion or reconsignment.
(f) Time consumed in waiting for orders under this provision will be considered
part of unloading time, and detention charges will be assessed as provided
in Provision No. 4 above, if time without charge has elapsed.
(g) A request for diversion or reconsignment must be made or confirmed in
writing by the shipper. (Preferably with an amended bill of lading or
shipping notice being presented to the Carrier.)
o Denotes Change
Page: AI-4 Rev 1 Date: 9/1/95
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7. HOSE
When hose is required or requested to effect either pickup or delivery, or both,
of a single shipment, then either a two, three, or four inch inside diameter
hose length(s) will be provided. All hoses will be provided without charge.
8. REJECTED SHIPMENTS
If, for any reason not ascribable to the Carrier or its personnel, a shipment is
rejected by the consignee at destination, notification to Dow shall be given in
writing, telephone, or telegraph, requesting disposition.
The charges to be applied on such rejected, returned shipments shall be in
accordance with the S.A.C. as applied to the outbound shipment rates as
published from the original point of origin to the original point of destination
on the date of the returned shipment and shall be based on the actual weight of
the product returned. Time consumed waiting for orders under this provision will
be considered as part of unloading time, and detention charges will be assessed
in accordance with Provision No. 4.
9. SPOTTING NON-POOLED SEMI-TRAILERS FOR LINE HAUL MOVEMENTS OR STORAGE
(a) Except as otherwise provided, when, for Dow's convenience, Carrier is
requested or required to place and leave a single semi-tank trailer on the
premises of Dow, or any other practical site they may designate for the
purpose of loading or unloading for a line haul movement a charge in
accordance with the S.A.C. for each 24 hour period or fraction thereof will
apply.
(b) An allowance of one (1) hour without charge for spotting and one (1) hour
without charge for pickup will be allowed (see Provision No. 4).
(c) When, in connection with such spotting, it becomes necessary to move
tractor(s) without semi-trailers, the charges in the S.A.C. will apply
covering the movement of such tractor(s) for the miles travelled from and
the miles travelled to return to the carriers terminal from which the
tractor(s) was(were) dispatched.
(d) When spotting is for the purpose of storage, the conditions and charges
will be negotiated on a local basis and shown in Appendix II for that site
location.
o Denotes Change
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(e) Carrier agrees that Dow may move Carrier's trailers within Dow's premises;
however, Dow will be responsible for any damage incurred to trailers during
such movement.
(f) Dow will be liable for tank cleaning charge as provided in the S.A.C., if
applicable, when trailer is released from spotting.
10. SUNDAY AND HOLIDAY SHIPMENTS
If Carrier is required by Dow to load, pick-up, unload, or actually deliver on a
Sunday or Holiday, the charge in the SAC will apply on a per unit basis.
The intent is to compensate Carrier for "call-out" of local drivers to perform
this work. The charge does not apply if the shipment is enroute over a Sunday or
Holiday, but is loaded or unloaded (picked up or delivered) on any other day.
The term "holiday" is hereby defined to include the following days or the day on
which they are celebrated:
New Year's Day Independence Day Thanksgiving Day
Good Friday Labor Day Christmas Day
Memorial Day
Carrier reserves the right to perform service on Sundays and Holidays (not
requested, but consented to, by shipper upon Carrier's request) for operating
reasons, in which case extra charges herein do not apply.
11. STOP-OFF IN TRANSIT TO COMPLETE LOADING AND/OR FOR PARTIAL DELIVERY
(a) Except as otherwise provided, shipments may be stopped in transit to
complete loading and/or partial delivery.
(b) A shipment loaded at two or more places within the corporate limits of a
single point of origin and/or delivered to two or more places within the
corporate limits of a single destination, shall be considered as being
stopped in transit to complete loading and/or partial delivery under the
conditions of this provision.
(c) A shipment stopped in transit for partial delivery may be delivered to two
or more consignees within the corporate limits of a single destination or
may be delivered to two or more consignees at two or more destinations.
o Denotes Change
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(d) To determine the mileage on shipments loaded at two or more places within
the corporate limits of a single point of origin and/or delivered to two or
more places within the corporate limits of a single destination, except as
otherwise provided, see paragraph (f) of this provision.
(e) To determine the mileage on shipments loaded at two or more places which
are not all within the corporate limits of a single point and/or delivered
to two or more places which are not all within the corporate limits of a
single destination, except as otherwise provided, see paragraph (f) of this
Provision.
(f) To determine the applicable mileages for shipments made in paragraphs (d)
and (e) of this provision, the Rand McNally MILEMAKER will apply and shall
start at the point of loading and include the miles travelled by the
vehicle via all stop-in-transit points to final destination or to the point
at which the vehicle discharges the last portion of its cargo. Mileages so
computed shall be used to determine the applicable rate for the entire
shipment and shall apply on the number of gallons or pounds of commodity
loaded at origin, subject to the minimums provided herein.
(g) In addition to all other lawful charges, an additional stop-off charge, as
stated in the S.A.C., will apply. Such charge shall not be assessed at the
origin or final destination.
(h) Aggregate total loading or unloading times will be charged for in
accordance with Provision No. 4.
12. WEIGHING VEHICLES
Unless otherwise provided, freight charges shall, at Dow's option, be based on
one of the following methods of weight determination:
(a) The description of the commodity and the weight of the shipment shall be
shown by Dow on the shipping order or bill of lading.
(b) Dow shall show on shipping order or bill of lading the specific gravity at
temperature loaded.
(c) Dow shall show on shipping order or bill of lading the weight per gallon at
temperature loaded.
o Denotes Change
Page: AI-7 Rev 1 Date: 9/1/95
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(d) The party which requests independent weighing of a shipment should pay
weighing charge and all ensuing charges related to time and distance.
In the absence of election of one of the foregoing methods, where a vehicle is
weighed on public scale at the request of Dow or consignee, a charge (see the
S.A.C.) shall be assessed for each weighing in addition to all other lawful
charges.
Time consumed in weighing vehicle, before or after loading, or both, at the
point of shipment, shall be considered as part of time for loading and subject
to charges set forth in Provision No. 4.
Time consumed in weighing vehicle, before or after unloading, or both, at the
point of destination, shall be considered as time for unloading and subject to
charges and other provisions as set forth in Provision No. 4.
Carrier shall provide Dow and/or consignee with a calibration chart for the
trailer utilized.
13. ACCESSORIAL AND EMERGENCY SERVICES
Accessorial and emergency service will be provided, if practicable, and such
service charges shall be in accordance with the S.A.C.
On Sundays and Holidays, time shall begin when Carrier's equipment leaves
Carrier's terminal and continue until equipment is returned to the Carrier's
terminal from which dispatched. Weekdays time will be computed Dow gate to gate.
Any delay directly attributable to the Carrier will be subtracted from the total
time. Time of equipment departure and arrival at the terminal will be indicated
on the bill of lading or freight bill for each shipment.
13A. ASSISTANCE FROM OR EVACUATION OF POWER VEHICLE BY SECOND DRIVER -
LOADING/UNLOADING
When a two-person sleeper team is required to handle a shipment and Dow or the
consignee requires the second person to assist in loading and/or unloading or to
evacuate the power vehicle a charge (see the S.A.C.) will apply. Time to be
computed from the time the Carrier's equipment arrives at the loading or
unloading gate until the time the Carrier's equipment departs from the loading
or unloading gate.
o Denotes Change
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Charges set forth in the S.A.C. will be in addition to all other applicable
charges and shall be paid by the party requesting this service.
14. TANK CLEANING AND HEEL DISPOSAL
When Carrier is requested to furnish a trailer for the transportation of
products, which, because of its inherent nature requires cleaning and waste
disposal before the trailer can be returned to service, the charges set forth in
the S.A.C. will apply on the initial loading. These charges are in addition to
all other lawful charges assessed against the shipment.
Charges shall not be made on subsequent loading of the same trailer so long as
said trailer remains continuously in the exclusive use of the same consignor,
unless such consignor requests that the trailer be cleaned after delivery of any
of these loadings, in which case the applicable additional charges shall be
applied on the next loading of these products following such requested cleaning.
When two or more products are shipped at one time in a compartmented trailer,
the applicable cleaning charge will be the highest applicable charge on any
product in the trailer.
15. SPECIAL EQUIPMENT AND SERVICE
When special equipment as listed below is required or requested by the consignor
or consignee prior to movement of the shipment, such equipment, if available,
will be furnished by Carrier subject to charges in the S.A.C. Air Blowers, Air
Compressors, Air Dryers, Nozzles, and Pumps will be provided, as requested,
without charge.
(a) Compartmented Trailers.
(b) Heating-in-transit Service: Except as otherwise provided, Carrier will,
upon request of consignor or consignee, furnish, if available, a trailer
and/or tractor equipped with a controlled heating-in-transit system subject
to the charges in the S.A.C.
(c) Heating Service: When, upon request, of consignor or consignee, a shipment
is stopped in transit for the purpose of heating the lading by steam or any
other means, the charges in the S.A.C. will apply.
o Denotes Change
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Carrier will apply heat for the length of time prescribed by the consignor or
consignee. Heating time will be deemed to start at the time heat is applied to
the lading and shall end when the heat is removed.
It shall be the responsibility of the consignor or consignee to make
arrangements for the use of steam and other heating facilities at its own
expense, although Carrier will, if requested, attempt to locate such facilities
and make arrangements for their use provided, however, that the consignor or
consignee shall agree to be responsible for any expense incurred for the use of
such facilities.
Time consumed by heating at consignor's site of pick up and/or consignee's site
of delivery shall be considered as loading and/or unloading time and shall be
charged for as provided in Provision No. 4.
All charges set forth in this provision shall be in addition to all other lawful
charges assessed against the shipment.
16. OVERNIGHT AND WEEKEND LAYOVER
OVERNIGHT
(a) When Carrier's vehicle arrives at point of loading, unloading, stop-off
and/or final destination between 8:00 a.m. and 5:00 p.m. on a day between
Monday and Friday, inclusive or on Saturday or Sunday if so requested by
Dow or consignee, and Dow or consignee cannot complete loading and/or
unloading on the date of arrival, the time the vehicle is detained between
8:00 a.m. and 5:00 p.m., or the time the driver is released if later than
5:00 p.m., will be charged for according to the terms of Provision No. 4.
If the vehicle (tractor and/or trailer) is detained until 8:00 a.m. the
following morning at such point, or in the vicinity thereof, and the driver
is not required to remain on duty, the terms of Provision No. 4 will not
apply from 5:00 p.m. until 8:00 a.m. the following morning and in lieu
thereof, the charges in the S.A.C. for Single Driver or Sleeper Team for
each overnight layover will apply.
If the vehicle (tractor and/or trailer) is further detained, charges
outlined above or in paragraph (b) below, as applicable, will be the same
as if the vehicle had just arrived, except that no time without charge as
provided for in the terms of Provision No. 4 will apply.
o Denotes Change
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WEEKEND LAYOVERS
(b) When Carrier's vehicle arrives at point of loading, unloading, stop-off
and/or final destination between 8:00 a.m. and 5:00 p.m. on a Friday, and
Dow or consignee cannot complete loading and/or unloading on the day of
arrival, the time the vehicle is detained between 8:00 a.m. and 5:00 p.m.,
or the time the driver is released if later than 5:00 p.m., will be charged
according to the terms of Provision No. 4. If the vehicle (tractor and/or
trailer) is detained over the weekend until 8:00 a.m. Monday at such point,
or in the vicinity thereof, and the driver is not required to remain on
duty, the terms of Provision No. 4 will not apply from 5:00 p.m. on Friday,
or the time the driver was released if later than 5:00 p.m. until 8:00 a.m.
Monday morning and, in lieu thereof, the charges in the S.A.C. for Single
Driver or Sleeper Team for such weekend layover will apply.
If the vehicle (tractor and/or trailer) is further detained, charges
outlined in paragraph (a) will apply the same as if the vehicle had just
arrived, except that time without charge as provided for in Provision No. 4
will apply.
When Carrier's vehicle arrives at point of loading, unloading, stop-off and/or
final destination at a time other than between 8:00 a.m. and 5:00 p.m. and, when
due to compliance with Dow and/or consignee instructions, a layover is required
to complete loading and/or unloading, charges for detention time after 5:00 p.m.
as provided in paragraph (a) and (b) above, whichever applies will be
applicable.
17. SERVICE PERFORMANCE
Carrier understands and agrees to have its performance measured by Dow using the
"Measurement of Quality Performance" methodology, a copy of which is made a part
of this Contract as Appendix III.
18. CLEANING AND WASTE DISPOSAL
Carrier warrants that he will perform all duties of a "generator" as identified
by the EPA in 40 CRF 260.10 and that any cleaning facilities used will meet all
Resource Conservation and Recovery Act requirements.
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19. DRUMMING FROM TANK TRAILERS
Carrier will not off-load hazardous materials (as defined by DOT) from trailers
into drums. If consignee should request Carrier to do this, Carrier shall refuse
and notify Dow of same. Products designated as combustible are exempt from this
policy.
20. CURRENCY
Freight rates and/or charges applicable under the terms or Provisions of this
Contract shall be stated and payable in U.S. funds only.
21. ALTERNATION OF RATES
In Appendix II, where there is a conflict between tabular rates (mileage based)
and point-to-point commodity rates, the rate that produces the lowest line haul
transportation charge will apply.
When shipments to, from, and between the United States and Canada are tendered
and when there is a Dow Canada and a Dow U.S.A. contract, then the lowest
contract freight rate in either contract will apply on either a prepaid or
collect basis and the payment will be in U.S. funds only.
22. ARBITRATION
If any disputes or differences in interpretation arise other than provided under
Provisions 1 through 21 above, such disputes will be resolved by negotiations
between the two parties or by a mutually agreed upon arbitrator.
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THE DOW CHEMICAL COMPANY
UNIFORM BULK MOTOR CARRIER CONTRACT
STANDARD ACCESSORIAL CHART
PROVISION (NO.) CHARGE
-------------- ------
o Detention (4) $8.00 per 1/4 hour increment or fraction
thereof (billed in monthly statements)
Cancelled Vehicle (5) $140
Diversion/Reconsignment (6) $35
Rejected Shipments (8) 50% Of outbound line haul rates; minimum of
$165 and minimum of $1.30/mile
Spotting for Line Haul Movements (9) $110 Each 24 hour period or fraction thereof
Tractor only: $1.41/mile; $65 minimum
Spotting for Storage (9) Determined by local contract terms and
charges as listed in Appendix II
Sunday and Holidays (10) $195
Stop-off Intransit (11) $45
Weighing Vehicles (12) $20
Accessorial and Emergency Service (13) Sunday and Holidays: 01:8905
$45 each hour; 8 hours minimum
All other days: 01:8906
$45 each hour; 4 hours minimum
Assistance from or Evacuation of $5 For each 15 minute period or fraction thereof
Power Vehicle by Second Driver: will be assessed if second driver is required
Loading/Unloading (13A) to assist in loading/unloading or evacuate
from his unit
Tank Cleaning and Heel Disposal (14) A. $125 Standard products
B. $190 (See Attachment A)
C. $500 (See Attachment A)
D. Determined by local contract terms and
charges as listed in Appendix II
o Denotes Change
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THE DOW CHEMICAL COMPANY
UNIFORM BULK MOTOR CARRIER CONTRACT
STANDARD ACCESSORIAL CHART
PROVISION (NO.) CHARGE
--------------- ------
Special Equipment and Service (15) A. $90 For compartmented trailers
B. $45 Heating-in-transit (tractor only)
$85 Heating-in-transit (tractor and trailer)
C. Heating Service:
Note A Note B
----- -----
$45 $11 Weekdays (excluding holidays)
$55 $13 Saturdays
$65 $17 Sundays and holidays
Note A: Applies for first hour or fraction thereof.
Note B: Applies for each additional fifteen
minutes or fraction thereof.
Overnight and Weekend Layovers (16) $200 single driver - overnight
$275 sleeper team - overnight
$600 single driver - weekend
$1,760 sleeper team- weekend
If inbound line haul charges are rated from
another shipper's contract, Dow contract
accessorial charges will apply (17)
o Schedule of Minimum Charges These minimum charges apply to all linehaul
(minimum charge is based on rates contained in this Agreement.
the Rand McNally Milemaker
miles from origin to destination One-Way Billed Minimum
for each shipment). Miles/Shipment Charge/Shipment
-------------- ---------------
0 - 10 $210
11 - 25 250
26 - 50 290
51 - 75 300
76 - 100 375
101 - 125 433
126 - 150 480
151 - 175 515
176 - 200 575
201 - 225 585
o Denotes Change
Page: SAC-3 NEW Date: 10/10/91
Dow:
CLEA:
THE DOW CHEMICAL COMPANY
UNIFORM BULK MOTOR CARRIER CONTRACT
STANDARD ACCESSORIAL CHART
Attachment A
CATEGORY PRODUCTS
-------- ---------
A. STANDARD CLEANING ALL PRODUCTS NOT OTHERWISE
$125 PER CLEANING SPECIFICALLY LISTED IN CATEGORIES
B, C, OR D.
B. HARD TO CLEAN 2-4-D ACID BUTYL ESTER
$190 PER CLEANING 2-4-D ACID ISOOCTYL ESTER
2-4-D BUTOXYETHYL ESTER
2-4-D DIETHANOLAMIN SALT 5
2-4-D ISOPROPYLAMINE SALTS
2-4-D MCPP INTERMEDIATE 4851A
2-4-D TEA-4
2-4-D TRIISOPROPAL AMINE SALT
2-4-D ISOOCTLY ALCOHOL
2-4-D ISOOCTYLD
DOW DMA-6 SEQUESTERED
DOW DMA-6 UNSEQUESTERED
EPOXY RESINS
ESTERON 99 CONCENTRATE 2-4-D
HAZARDOUS WASTE, LIQUID
SYNTHETIC LATEX/LIQUID RUBBER TELONE*
(2-4-D IS AN ABBREVIATION FOR 2-4
DICHLORO PHENOXY ACETIC ACID)
C. DIFFICULT TO CLEAN DICHLOROTETRAFLUOROPYRIDINE
$500 PER CLEANING (DCTFP)
PHENOL
D. EXCEPTIONS PRODUCTS TO BE DETERMINED BY
LOCAL CONTRACT TERMS AND
CHARGES WILL BE LISTED
SEPARATELY IN APPENDIX II.
* TRADEMARK OF THE DOW CHEMICAL COMPANY
o Denotes Change
Page: II-1(AP) Rev 1 Date: 6/1/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
ALLYN'S POINT
ACCESSORIAL CHARGES:
Except as otherwise provided, the rates and charges contained herein are subject
to the CLEA 100 Tariff Series.
EQUIPMENT ON LONG-TERM STORAGE: $100/day
o Item 100
Origin: Allyn's Point, CT
Commodity: Liquid Commodities transported in single compartment MC-307
trailer
Flat Rate/
Destination Charge Loaded Mile
----------- ------ -----------
01:0104 ME; Corinth, NY; Fulton, NY 01:0111 -$64 + $2.65
01:0103 CT, NH, NJ (Zips 070-079, 085, 086, 088, 089; Nassau -64 + 3.44
and Suffolk counties), NY (points not otherwise listed that are
less than 140 highway miles from origin), RI, VT
01:0102 Tildale, GA (Dalton, GA) -64 + 2.22
01:0163 Tyrone, PA -64 + 2.98
01:0101 Points in US (except provided for above) -64 + 2.27
01:0100 Points in Canada -64 + 3.49
Sunday charge not applicable
NOTE: Tank cleaning charge of $180 when cleaned for shipments
destined for points in Maine.
o Denotes Change
Page: II-2(AP) Rev 3 Date: 11/05/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 200 01:0110
--------
Origin: Allyn's Point, CT
Destination: Points in U.S.
Commodity: Plastic Pellets
o Toll Charge: Tolls outside of rates
Miles Flat Charge Rate/Mile
----- ----------- ---------
0 - 300 -$128 + $3.20
301 - 500 -128 + 3.00
501 & Over -128 + 2.85
Item 300
-------- 01:0162
Origin: Allyn's Point, CT
Destination: Points in Canada
Commodity: Plastic Pellets
Rate: -$128 flat charge +$3.10/loaded mile
o Toll Charge: Tolls included in rate
Item 400 01:0277
--------
Origin: Petrolia, PA
Destination: Allyn's Point, CT
Commodity: Liquid Commodities in single compartment MC-307 trailer
Rate: -$128 flat charge +$1.75/loaded mile
Item 500 33:0290
--------
Origin: Allyn's Point, CT
Destination: Messena, NY
Commodity: Plastic Pellets in single compartment trailers
Rate: $1,029/shipment
o Denotes Change
Page II-3(AP) Rev 2 Date: 12/06/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 600 01:0105
--------
Origin: Allyn's Point, CT
Destination: Bridgeport, NJ and Deepwater, NJ
Commodity: Hazardous Waste, Liquid in dedicated single compartment
trailers
Rate: $800/shipment
Tank Cleaning $200, when cleaned
Charge:
NOTE: Rate applies to shipments handled in round trip
transportation only.
Item 700 01:0107
-------
Origin: Allyn's Point, CT
Destination: Allyn's Point, CT
Commodity: In-plant storage trailers
Rate: $650 per month per trailer
o Denotes Change
Page II-1(B) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
BALTIMORE
o Item 100 01:0112
--------
Origin: Baltimore, MD (Bids Terminal)
Commodity: Dry Bulk
Miles Flat Charge Rate/Mile
----- ----------- ---------
0 - 100 $ 79 + $3.18
101 - 200 $ 95 + 3.01
201 - 400 $126 + 3.13
401 & Over $ 34 + 3.36
o Item 200
--------
Origin: Baltimore, MD
Commodity: Dry Plastic Pellets
Destination Rate/Shipment
----------- -------------
02:0109 Cockeysville, MD $197
01:0182 Winchester, VA 322
Page: II-1(C) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
CHANNAHON
o Item 100
--------
Origin: Channahon, IL
Commodity: Liquid Commodities transported in single
compartment MC-307 trailer
Flat Rate/
Destination Charge Loaded Mile
----------- ------ -----------
01:0125 LA -$128 + $1.80
AL, DC, DE, FL, IN, KY, MILES
MD, ME, MI, MS, NC, NH, 10 - 150 -128 + 3.00
01:0130 SC, VT, VA 151 & Over -128 + 2.60
01:0272 OH -128 + 2.25
01:0273 OH (Counties of: Meigs, Gallia, Lawrence, Scioto, -128 + 2.60
Pike, Jackson and Vinton)
01:0183 CT, MA, PA, NJ, NY, RI, WV, Ontario -128 + 2.10
01:0184 TN -128 + 2.60
01:0185 Tildale, GA (Dalton, GA) -128 + 1.75
01:0186 GA (all other points) -128 + 2.25
01:0187 TX (Counties of: Brazoria, Chambers, -128 + 1.75
Ft. Bend, Galveston, Harris, Jefferson, and
Montgomery)
01:2090 TX (Dallas and Tarrant counties) -128 + 2.25
01:0188 TX (all other points) -128 + 2.50
01:0132 Points in US including Illinois in continuation of -128 + 2.85
an interstate move
01:0271 Points in Manitoba, Alberta, Quebec, British -128 + 3.00
Columbia, Saskatchewan and New Brunswick
o Denotes Change
Page: II-1A(C) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 150
--------
Origin: Channahon, IL
Commodity: Liquid Commodities transported in single compartment
MC-307 trailers.
Flat Rate/ Flat Rate/
Destination Charge Loaded Mile Destination Charge Loaded Mile
----------- ------ ----------- ----------- ------ -----------
Detroit, MI -$128 + $2.25 Huron, OH -$128 + $2.15
Fremont, MI -128 + 2.25 Middletown, OH -128 + 1.75
Grand Haven, MI -128 + 2.25 Perrysburg, OH -128 + 2.25
Grand Rapids, MI -128 + 2.25 Solon, OH -128 + 2.15
Holland, MI -128 + 2.25 Strongsville, OH -128 + 2.15
Kalamazoo, MI -128 + 1.75 Tallmadge, OH -128 + 2.15
Midland, MI -128 + 1.75 Toledo, OH -128 + 2.25
Plymouth, MI -128 + 2.25 Twinsburg, OH -128 + 2.15
Pontiac -128 + 2.25 Urbana, OH -128 + 2.15
Saranac, MI -128 + 2.25 Van Wert, OH -128 + 2.25
Utica, MI -128 + 2.25 Xenia, OH -128 + 1.95
Wyoming, MI -128 + 2.25
Warren, MI -128 + 2.25 Canadian
Wyandotte, MI -128 + 2.25 Ajax, ON -128 + 1.75
Akron, OH -128 + 2.15 Bramalea, ON -128 + 1.75
Ashtabula, OH -128 + 2.15 Brampton, ON -128 + 1.75
Bedford, OH -128 + 2.15 Concord, ON -128 + 1.75
Berea, OH -128 + 2.15 Downsview, ON -128 + 1.75
Cincinnati, OH -128 + 1.95 Leaside, ON -128 + 1.75
Cleveland, OH -128 + 2.15 Maple, ON -128 + 1.75
Columbus, OH -128 + 2.15 Mississauga, ON -128 + 1.75
Coshocton, OH -128 + 2.15 Mitchell, ON -128 + 2.10
Cuyahoga, OH -128 + 2.15 Oakville, ON -128 + 1.75
Dayton, OH -128 + 1.75 Rexdale, ON -128 + 1.75
Dover, OH -128 + 2.15 Sarnia, ON -128 + 1.75
Evendale, OH -128 + 1.75 Weston, ON -128 + 1.75
Hamilton, OH -128 + 1.75
o Denotes Change
Page: II-2(C) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 200
--------
Origin: Channahon, IL
Commodity: Liquid Commodities transported in single compartment
MC-307 trailers.
Flat Rate/
Destination Charge Loaded Mile
----------- ------ -----------
01:0241 Akron, OH -$128 + $3.05
01:0242 Ashtabula, OH -128 + 3.05
01:0243 Bedford, OH -128 + 3.05
01:0244 Berea, OH -128 + 3.05
01:0245 Cincinnati, OH -128 + 3.05
01:0246 Circleville, OH -128 + 3.05
01:0247 Cleveland, OH -128 + 3.05
01:0248 Columbus, OH -128 + 3.05
01:0249 Coshocton, OH -128 + 3.05
01:0250 Cuyahoga, OH -128 + 3.05
01:0251 Dayton, OH -128 + 3.05(1)
01:0252 -128 + 2.50(2)
01:0253 Dover, OH -128 + 3.05
01:0254 Evendale, OH -128 + 3.05(1)
01:0255 -128 + 2.50(2)
01:0256 Hamilton, OH -128 + 3.05(1)
01:0257 -128 + 2.50(2)
01:0258 Huron, OH -128 + 3.05
01:0259 Middletown, OH -128 + 3.05(1)
01:0260 -128 + 2.50(2)
01:0261 Perrysburg, OH -128 + 3.05
01:0262 Solon, OH -128 + 3.05
01:0263 Strongsville, OH -128 + 3.05
01:0264 Tallmadge, OH -128 + 3.05
01:0265 Toledo, OH -128 + 3.05
01:0266 Twinsburg, OH -128 + 3.05
01:0267 Urbana, OH -128 + 3.05
01:0268 Van Wert, OH -128 + 3.05
01:0269 Xania, OH -128 + 3.05
(1) Rate applies if no reload from Pilot/Middletown, OH
o Denotes Change
(2) Rate applies if trailer reloaded within 24 hour period from
Pilot/Middletown, OH
o Denotes Change
Page: II-3(C) Rev 5 Date: 09/01/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 300 01:1001
--------
Origin: Channahon, IL
Destination: Mississauga, ON with a stop-off for partial unloading at
Fort Erie, ON
Commodity: Liquid Commodities
Rate: $2,314/shipment
Item 400 01:0270
--------
Origin: Channahon, IL
Destination: Points in the US and Ontario
Commodity: Liquid Commodities transported in multi-compartment
MC-307 trailer
Rate: -$128 flat charge + $3.05/loaded mile
Item 500 01:0280
--------
Origin: Channahon, IL
Destination: Points in Manitoba, Alberta, Quebec, British Columbia,
Saskatchewan and New Brunswick
Commodity: Liquid Commodities transported in multi-compartment
MC-307 trailer
Rate: -$128 flat charge + $3.18/loaded mile
Item 600 01:0600
--------
Origin: Channahon, IL
o Destination: Marlborough, MA
Midland, MI
Commodity: Liquid Commodities in ISO containers
Rate: $1.50/running mile; $800/month container lease charge;
$10.50/day chassis lease charge
Cleaning When cleaned
Charges:
Item 700 01:0700
--------
Origin: Channelview, TX
Destination: Channahon, IL or Joliet, IL
Commodity: Liquid Commodities in MC-307 single compartment, rear
discharge, reloadable trailers.
Rate: -$128 flat charge + $1.75/loaded mile
o Denotes Change
o Denotes Change
Page: II-1(COFC) Rev 5 Date: 10/16/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
REPRESENTING UNION PACIFIC BULKTAINER SERVICE
Item 100 88:0100
--------
Origin: Pittsburg, CA
Destination: Midland, MI
Commodity: Waste Tar
Rate: $4,665/shipment
Cleaning: Actual cost when cleaned when removed from Dow service
Item 200 88:0101
--------
Origin: Ludington, MI
Destination: Vancouver, WA
Commodity: Magnesium Hydroxide, liquid
Rate: $3,500/shipment
Cleaning: Tank cleaning included in rate
Item 300 88:0103
--------
Origin: Middletown, OH
Destination: Pittsburg, CA
Commodity: Surfactant, liquid
Rate: $4,386/shipment
Cleaning: Tank cleaning included in rate
Item 400 88:0104
--------
Origin: Midland, MI
Destination: Pittsburg, CA
Commodity: Organophosphorus pesticide
Rate: $4,053/shipment
Cleaning: Tank cleaning outside of rate
Item 500 Moved to MISC Section
-------- Effective: 10-16-96
o Denotes Change
Page: II-1(COFC) Rev 1 Date: 10/16/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
REPRESENTING UNION PACIFIC BULKTAINER SERVICE
Item 600 88:0102
-------
Origin: Midland, MI
Destination: Pachuta, MS
Commodity: Organophosphorus
Rate: $3,210/shipment
Cleaning: Tank cleaning included in rate
o Item 700 88:0105
-------
Origin: Midland, MI
Destination: Fresno, CA
Commodity: Herbicide, liquid
Rate: $4,314/shipment
Cleaning: Tank cleaning included in rate
o Denotes Change
Page: II-1(F) Rev 2 Date: 12/13/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
FREEPORT
Accessorial Charges: All accessorial charges not specifically
covered by Dow Master Contract to be billed
per CLEA 100 series.
Item 100 04:4005 04:4006
-------
Intraplant Work: When upon request of the shipper, carrier
provides a unit for intraplant work, a
charge of $45.00/hour, or fraction thereof,
shall apply, subject to a 4 hour minimum
Monday thru Saturday and 8 hour minimum on
Sunday and holidays.
o Spotting and/or $55.00 flat charge. If service takes more
Pickup Service on than one (1) hour, bill extra time at
Tanks & Containers intraplant rate of $45.00/hour, or fraction
Spotted for Storage: thereof, subject to 8 hour minimum on
Saturdays.
Rental Charges: $70/day for plant storage trailers and ISO
containers on 20' and 40' chassis. 04:4444
Dry Disconnects: When dry disconnects are required for
delivery, an additional charge of $200 will
apply to all shipments transported in non-
dedicated equipment.
Idle Day Charges: $50/day except Saturday, Sunday & Holidays
on TDI Trailers 6-245, 6-246, 6-967,
7-263. 05:8954
$50/day except Saturday, Sunday & Holidays
on magnesium chloride trailer 8-065. 05:8955
Page: II-2(F) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 200
--------
Origin: Points in Texas
Commodity: General Chemicals in stainless steel single compartment
trailers in non-dedicated, reloadable service.
Destination Flat Charge Rate/Mile
----------- ----------- ---------
04:4500 CT, DE, GA, IL, IN, KY, MA, MD, $ 37 + $2.26
MI (Except Midland), NC, NJ, NY, OH,
PA, RI, SC, VA, WI, WV, ON and PQ
04:0400 Canada except ON and PQ 56 + 3.00
04:4505 AL, MS, MO, TN -128 + 2.58
04:4510 CA -128 + 2.60
04:4525 LA -128 + 2.14
04:4515 All other states except TX and as -128 + 2.81
otherwise provided herein
Item 300 04:4520 - TDI 04:4521 - Other
-------
Origin: Points in Texas
Destination: Points in the U.S. and Canada
Commodity: Non-reloadable shipments made on a dedicated basis;
includes TDI and dry products, magnesium chloride, and
bulk containers.
Rate: $3.00/loaded mile + $56
Cleaning: $835 on TDI shipments
Page: II-2A(F) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 350
--------
Origin: Freeport, TX
Commodity: Latex liquid
Fixed
Destination Rate/Shipment Rate/Mile
----------- ------------- ---------
04:4901 Courtland, AL -$128 + $2.81
04:4902 Mobile, AL -128 + 2.22
04:4903 Naheola, AL -128 + 2.81
04:4904 Pennington, AL -128 + 2.58
04:4905 Crossett, AR -128 + 2.60
04:4906 Ft. Smith, AR -128 + 3.18*
04:4907 San Marcos, CA -128 + 2.60
04:4908 Tucker, GA -128 + 2.45
04:4909 St. Francisville, LA -128 + 2.14
04:4910 Midland, MI -128 + 1.75
04:4911 Canton, OH -128 + 2.39
04:4912 N. Philadelphia, OH -128 + 2.39
04:4913 Portland, OR -128 + 2.81
04:4914 Aiken, SC -128 + 2.42
04:4915 Evadale, TX 759 --
04:4916 Houston, TX 401 --
04:4917 Pasadena, TX 440 --
Canadian
--------
04:4918 Varennes, PQ -128 + 1.75
*Requires center unload trailer
Page: II-3(F) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 400 04:4521
--------
Origin: Points in Texas
Destination: Points in Mexico
Commodity: Liquid Commodities
Rate: $3.00/loaded mile + $56
On shipments to Mexico to be transported via the
international boundary at any point in Texas, an extra
charge of $200/round trip crossing will be applicable in
addition to all other charges.
o Item 500 04:4590
--------
Origin: Points in Texas
Destination: Points in U.S. (except Texas) and Canada
Commodity: Liquid Commodities transported in multi-compartment trailer.
Rate: -$128 flat charge + $2.85/loaded mile
o Item 600 04:4527
--------
Between: Freeport, TX
and
Ports of Barbours Cut, Galveston and Houston, TX
Commodity: Freight All Kinds
Rate: $174/tank container
Page: II-4(F) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 700 04:4593
--------
Origin: Freeport, TX
Destination: Mahrt, AL
Commodity: Latex in single compartment trailer
Rate: $1,783/shipment
o Item 800 04:4592
--------
Origin: Pasadena, TX
Destination: Anderson, IN
Commodity: Chemicals, NOI
Rate: -$128 flat charge + $2.20/loaded mile
Item 900
--------
o Item 1000 04:4000
---------
Origin: Freeport, TX
Destination: Rochester, NY
Commodity: Liquid Commodities in single compartment, MC-307 trailer.
Rate: $3,514/shipment
Page: II-5(F) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 1100
---------
Origin: Freeport, TX
Commodity: Liquid Chelating compounds in single compartment trailer
Tank $125 when cleaned
Cleaning:
Stop-off $185 per stop for all stops after the first.
Charge:
Destination Flat Charge Rate/Mile
----------- ----------- ---------
04:4063 Tildale, GA (Dalton, GA) -$128 + $1.75
04:4602 Chattanooga, TN -128 + 1.98
04:4604 Chattanooga, TN to Tildale, GA $215/shipment
(Dalton, GA) (continuation)
o Item 1200 04:4591
---------
Origin: Brownsville, TX
Destination: Bayport, TX; Houston, TX (Zip 770); and Seabrook, TX (Zip 775)
In continuation of movement originating in Lerma Poluca, MX
Commodity: Polyglycol, Polyethylene Glycol
Rate: $624/shipment
Cleaning: $300 - special preparation in Mexico
o Item 1300 04:4004
---------
Origin: Chicago, IL (Zip 606); Wellford, SC (Zip 293)
Destination: Freeport, TX
Commodity: Liquid Commodities in single compartment MC-307 trailer
Rate: -$128 flat charge + $1.75/loaded mile
o Item 1400 04:4003
---------
Origin: New Albany, IN
Destination: Freeport, TX
Commodity: Liquid Commodities in single compartment MC-307 trailer
Rate: -$128 flat charge + $1.80/loaded mile
Page: II-6(F) Rev 2 Date: 12/01/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 1500 04:1500
---------
Origin: Points in U.S. excluding Texas
Destination: Freeport, TX
Commodity: Liquid Commodities in MC-307 trailer (reloadable 2/1 type only)
Rate: -$128 flat charge + $1.75/loaded mile
o Item 1600 04:4037
---------
Origin: Freeport, TX
Destination: Channelview, TX
Commodity: Liquid Commodities in MC-307 trailers
Rate: $360/shipment
o Item 1700 Reserved for future use
---------
o Item 1800 Reserved for future use
---------
Page: II-7(F) NEW Date: 12/01/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 1900
---------
Origin: Freeport, TX
Commodity: Liquid Commodities in MC-307 trailers
Destination Rate/Shipment
----------- -------------
04:4010 Austin, TX $ 650
04:4011 Bayport, TX 360
04:0412 Baytown, TX 370
04:0413 Brenham, TX 455
04:0414 Carrollton, TX 912
04:0415 Dallas, TX 875
04:0416 Dayton, TX 405
04:0417 Deer Park, TX 350
04:0418 El Paso, TX 2,073
04:0419 Evadale, TX 650
04:0420 Fort Worth, TX 912
04:0421 Freeport, TX 350
04:0422 Fresno, TX 350
04:0423 Garland, TX 912
04:0424 Grand Prairie, TX 912
04:0425 Houston, TX 350
04:0426 La Porte, TX 360
04:0427 Lewisville, TX 912
04:0428 Mesquite, TX 912
04:0429 Odessa, TX 1,425
04:0430 Pasadena, TX 350
04:0431 Port Arthur, TX 525
04:0432 San Antonio, TX 703
04:0433 Spring, TX 370
04:0434 Sugarland, TX 350
04:0435 Terrell, TX 855
04:0436 Victoria, TX 767
Page: II-1(L/M) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
LOCKLAND/MIDDLETOWN
-------------------
o Item 100
- ----------
Origin: Lockland, OH and Middletown, OH
Commodity: Liquid Commodities transported in single compartment MC-307
trailer
Tank Cleaning: $125 when cleaned on DOWFAX* solution
Flat Rate / Flat Rate/
Destination Charge Loaded Mile Destination Charge Loaded Mile
----------- ------ ----------- ----------- ------ -----------
Pittsburg, CA -$128 + $2.25 Monaca, PA -$128 + $2.15
Allyn's Point, CT -128 + 1.75 Greenville, SC 765
Cheswold, DE -128 + 3.55(1) Freeport, TX -128 + 1.75
Calhoun, GA -128 + 2.12 Milwaukee, WI -128 + 2.21
Cartersville, GA -128 + 1.91 New Berlin, WI 1,121
Dalton, GA -128 + 3.85(1)
Doraville, GA -128 + 1.95
Kensington, GA -128 + 3.85(1) Canadian Rates
Norcross, GA -128 + 1.95 Sarnia, ON -128 + 1.75
Rabun Gap, GA 722 Valleyfield, PQ -128 + 1.75
Tildale, GA -128 + 2.12 Varennes, PQ -128 + 1.75
Bettendorf, IA 1,235
Council Bluffs, IA 2,153
Des Moines, IA 1,748
Berwyn, IL -128 + 1.88
Niles, IL 539
Kansas City, KS -128 + 3.10
Louisville, KY 312
Baltimore, MD 1,085
Wyoming, MI 523
Lakeville, MN -128 + 2.63
Berkeley, MO 659 (1)Requires tite-fill trailer
Charlotte, NC -128 + 2.10
Buffalo, NY 1,029 *Trademark of The Dow Chemical Company
Cincinnati, OH 272
Middletown, OH 222
Bedford, PA 882
Coraopolis, PA 492
o Denotes Change
Page: II-2(L/M) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 200 01:2100
--------
Origin: Lockland, OH and Middletown, OH
Destination: Points in US (except AK, HI & OH) and points in Item 100
Commodity: Liquid Commodities transported in MC-307 trailer and multi-
compartment trailers.
Rate: -$128 flat charge + $2.85/loaded mile
o Item 300 33:0337
--------
Origin: Middletown, OH
Destination: Texas counties of Brazoria and Harris
Commodity: Liquid Commodities transported in single compartment MC-307
trailer
Rate: -$128 flat charge + $1.75/loaded mile
o Item 400
--------
Origin: Middletown, OH
Commodity: Liquid DOWFAX* solution in single compartment trailer
Tank $125 when cleaned
Cleaning:
Destination Flat Charge Rate/Mile
----------- ----------- ---------
03:0313 Tildale, GA (Dalton, GA) -$128 + $2.12
03:0312 Chattanooga, TN -128 + 2.21
03:0314 Chattanooga, TN to Tildale, GA $215/shipment
03:0315 (continuation) or 185(1)
(1) Rate applies when two (2) or more loads are transported
on the same day, by the same driver, same equipment
without delay between loads.
o Denotes Change
*Trademark of The Dow Chemical Company
o Denotes Change
Page: II-3(L/M) NEW Date: 8/7/95
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 500 50:5000
--------
Origin: Louisville, KY
Destination: Lockland, OH and Middletown, OH
Equipment: Multi-compartment trailer
Rate: $1.30/dead head mile
o Denotes Change
Page: II-1(LB) Date: 5/1/95
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
LONG BEACH AND/OR TERMINAL ISLAND
---------------------------------
RULES: Except as otherwise specifically provided, Appendix I.
-----
ACCESSORIAL CHARGES: All accessorial charges not specifically covered by Dow
------------------- Master Contract to be billed per CLEA 100 series.
DEDICATED TRAILER CHARGE: $1,600/month/trailer on general service units for Papi,
------------------------- Isocyanates, Polyol and TELONE*. 40:4002
TANK CLEANING: Actual cost on the following products: Papi,
-------------- Isocyanates, Polyols, TELONE, hazardous and non-
hazardous waste.
RATE MAKING MILES: Latest Rand McNally MileMaker for interstate traffic,
------------------ DTBCA and Leonard's Metropolitan Zone on intrastate
traffic.
Item 50 01:5064
-------
Intraplant Service: When upon request of the shipper, carrier provides a unit
for intraplant work at Dow facility in Long Beach, CA
and Torrance, CA, a charge of $55/hour, or fraction
thereof, shall apply subject to a 4 hour minimum at Long
Beach, CA. Time shall begin when carrier's equipment
leaves its terminal and continue until equipment is
returned to terminal from which dispatched.
Tank Cleaning: $200
*Trademark of The Dow Chemical Company
Page: II-1A(LB) Rev 2 Date: 8/15/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 100
--------
Entire item canceled.
Page: II-2(LB) Rev 2 Date: 8/15/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 200
--------
Entire item canceled.
Page: II-2A(LB) Rev 2 Date: 8/15/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 300
--------
Entire item canceled.
Page: II-3(LB) Rev 2 Date: 8/15/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 400
--------
Entire item canceled.
o Item 500
--------
Entire item canceled.
o Item 550
--------
Entire item canceled.
Page: II-4(LB) Rev 2 Date: 8/15/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 600 05:5005 05:5006
--------
Origin: Long Beach, CA; Terminal Island, CA
Destination: Points in Mexico
Commodity: Liquid Commodities
Rate: -$45 flat charge + $3.88/loaded mile
o Item 700
--------
Entire item canceled.
o Item 800
--------
Entire item canceled.
Page: II-1(L) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
LUDINGTON
---------
TOLL CHARGES APPLICABLE FROM/TO LUDINGTON, MI
- ---------------------------------------------
Rates herein do not include charges for the use of Toll Road, Bridges, Ferries
or Tunnels shown below. When, at the request of the shipper, Toll Road
Facilities are used, the charges will be paid by the carrier and shown on the
freight bill as advanced charges and supported by a receipt substantiating such
charges have been paid. Such charges are to be in addition to the rate and all
other lawful charges:
$10/round trip crossing at toll bridges, ferries, or tunnels.
Item 100
--------
Origin: Ludington, MI
Commodity: Liquid Magnesium hydroxide
Flat Rate/
Destination Charge Loaded Mile
----------- ------ -----------
01:1010 AL, GA, KY, NC, NY, OH, PA, SC, TN -$128 + $2.46
01:1011 AZ, CA, CO, ID, MT, NM, NV, OR, UT, WA, WY -128 + 3.41
01:1012 AR, MS, TX (points not named below) -128 + 2.29
01:1013 CT, DE, MA, MD, NJ, RI, VA, WV -128 + 2.17
01:1014 FL, IL, IN, ME, NH, VT -128 + 2.93
01:1015 IA, KS, MN, MO, ND, NE, OK, SD, WI -128 + 3.02
01:1016 LA and points in TX (counties of Brazoria, Camp, -128 + 1.79
Chambers, Dallas, Fort Bend, Galveston, Harris,
Jefferson, Montgomery, Orange and Tarrant)
01:1017 Ontario -128 + 2.53
01:1018 Quebec -128 + 3.09
01:1019 New Brunswick and Nova Scotia -128 + 3.69
Page: II-1(MI) NEW Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
MICHIGAN
--------
Item 100 01:2000
--------
Origin: Midland, MI
Commodity: Hydrochloric Muriatic
Rate/CWT
Destination 45M# MIN.
----------- ---------
Dearborn, MI 78
River Rouge, MI 78
Item 200 01:4000
--------
Origin: Midland, MI
Commodity: Dimethyl-Hydrolyzate Polydimethyl-Siloxane
Destination: Adrian, MI
Rate/CWT: 79
45M# MIN.
Page: II-2(MI) NEW Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 300
--------
Origin: Midland, MI
Commodity: Liquid Commodities
Destination Rate/CWT
----------- --------
01:6000 Battle Creek, MI 90 40M# MIN.
89 45M# MIN.
87 50M# MIN.
01:6001 Escanaba, MI 198 40M# MIN.
193 50M# MIN.
184 60M# MIN.
01:6002 Gross, MI 198 40M# MIN.
193 50M# MIN.
184 60M# MIN.
01:6003 Kalamazoo, MI 109 40M# MIN.
106 50M# MIN.
01:6004 Munising, MI 208 50M# MIN.
147 75M# MIN.
01:6005 Muskegon, MI 92 45M# MIN.
90 50M# MIN.
85 60M# MIN.
80 70M# MIN.
01:6006 Plainwell, MI 109 40M# MIN.
108 45M# MIN.
106 50M# MIN.
01:6007 Port Huron, MI 92 45M# MIN.
90 50M# MIN.
85 60M# MIN.
80 70M# MIN.
01:9000 Alpena, MI $550 Rate per shipment
Page: II-3(MI) NEW Date: 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 400 02:0001
- --------
Territorial Application: Between various Michigan points
Commodity: Commodities in bulk
RATES RATES RATES
----- ----- -----
MILES (40) (45) MILES (40) (45) MILES (40) (45)
- ----- ---- ---- ----- ---- ---- ----- ---- ----
5 13 14 170 139 135 335 281 270
10 18 18 175 143 138 340 285 274
15 23 23 180 146 143 345 289 279
20 29 28 185 150 146 350 293 282
25 34 34 190 153 149 355 298 286
30 39 39 195 157 153 360 301 290
35 40 10 200 161 156 365 305 293
40 45 44 205 172 167 370 308 297
45 48 47 210 181 176 375 312 301
50 52 52 215 189 183 380 315 305
55 55 54 220 193 186 385 320 308
60 59 58 225 196 191 390 324 312
65 62 61 230 200 194 395 327 315
70 66 65 235 204 198 400 331 319
75 69 68 240 208 201 405 333 320
80 74 72 245 212 205 410 335 322
85 78 76 250 215 208 415 338 327
90 81 81 255 219 212 420 343 331
95 84 83 260 223 216 425 347 334
100 88 87 265 226 219 430 351 338
105 92 91 270 231 223 435 355 342
110 96 94 275 235 227 440 359 345
115 100 99 280 238 230 445 363 350
120 104 102 285 242 235 450 368 354
125 107 105 290 246 238 455 371 357
130 110 108 295 249 241 460 375 361
135 114 111 300 254 245 465 379 365
140 118 114 305 258 248 470 383 369
145 121 118 310 261 252 475 386 373
150 124 122 315 265 256 480 391 377
155 128 125 320 269 260 485 395 380
160 132 129 325 272 263 490 399 384
165 135 132 330 277 267 495 403 388
Page: II-1(M) Date: 5/1/95
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
MIDLAND
DETENTION EXCEPTION:
Detention at Dow's plant site in Midland, MI shall be waived between 8:00 AM and
5:00 PM Monday thru Friday (except holidays) when loading and/or unloading is
provided by the Midland domiciled city drivers. Time before 8:00 AM and after
5:00 PM will be subject to the Dow Standard Accessorial Chart except no free
time shall be allowed. This exception does not apply when loading or unloading
is performed by system drivers or Midland road drivers on a live load basis.
TANK CLEANING (Midland only): $75 for SILTHERM*
TOLL CHARGES APPLICABLE FROM/TO MIDLAND, MI AND BAY CITY. MI
Rates herein do not include charges for the use of Toll Road, Bridges, Ferries
or Tunnels shown below. When, at the request of the shipper, Toll Road
Facilities are used, the charges will be paid by the carrier and shown on the
freight bill as advanced charges and supported by a receipt substantiating such
charges have been paid. Such charges are to be in addition to the rate and all
other lawful charges:
$10/round trip crossing at toll bridges, ferries, or tunnels.
Item 100 01:2050
- --------
Between: Midland, Mi or Bay City, MI
and
Points in Louisiana and Texas
Commodity: Liquid Chemicals in carrier provided (non-dedicated) single
compartment stainless steel, insulated MC-307 trailer handled in
continuous movements.
Rate: $1.75/running mile, terminal-to-terminal
*Trademark of The Dow Chemical Company
o Denotes Change
Page: II-2(M) Rev 5 Date: 12/13/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 200
- --------
Origin: Midland, MI
Commodity: Liquid Commodities transported in non-dedicated, single compartment
MC-307 reloadable trailer.
Rate/Loaded Mile
---------------------------------------------
Destination Flat Chg Column 1 Flat Chg Column 2
----------- -------- -------- -------- --------
03:0327 LA, IX -$128 + $1.75 -$128 + $2.01 03:0334
03:0328 AL, AR, CT, DE, FL, GA, IL, KY, MD, -128 + 2.15 -128 + 2.47 03:0335
MA, MS, NC, NJ, NY, OH, PA, RI, SC,
TN, VA, WV
03:0329 CA -128 + 2.22 -128 + 2.55 03:0336
03:0330 MO, NH, WI -128 + 2.32 -128 + 2.67 03:0337
03:0331 AZ, IA, KS, ME, NB, NM, OK, ON, PQ -128 + 2.52 -128 + 2.90 03:0338
03:0332 IN -128 + 2.76 -128 + 3.17 03:0339
03:0333 AK, AB, BC, MB, MN, MT, NE, SK, WA -128 + 3.02 -128 + 3.47 03:0340
Load Count Guarantee:
---------------------
Mon-Sat: 28 loads/day, +/-20%
Sat-Sun: 6 loads/day, +/-20%
Penalty: 15% surcharge for all orders in excess of maximum or
-------- less than minimum load count guarantee.
Note: 1. Column 1 represents rates used when load count target numbers have
been met; Column 2 represents penalty rates for falling short or
exceeding targeted load counts.
2. Rates apply for Aqueous Acrylamide Solution for the account of
Flocryl: c/o Commercial Traffic, P.O. Box 30832, Cleveland, OH 44130
Item 300 01:0005
--------
o Origin: Between Midland, MI and Bay City, MI and Harbor Beach, MI and
Destination: Points in the U.S. (except MI, AK, HI) and Canada
Commodity: LIQUID AND DRY CHEMICALS (not specified in Item 200) transported
in single compartment, non-reloadable or multi-compartment
trailers.
Miles Flat Charge Rate/Loaded Mile
----------- ----------- ----------------
0 - 100 $184 + $2.85
101 - 200 202 + 2.69
201 - 400 138 + 3.05
401 - 800 137 + 3.10
801 - 1000 284 + 2.93
1001 - Over 204 + 3.00
Cleaning: Rate of $190/load on Intrastate Michigan moves of latex
liquid only.
o Denotes Change
Page: II-3(M) Rev 3 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 400
--------
Origin: Midland, MI and Bay City, MI
Commodity: Monochloroacetic and alpha monochloropropionic butylene
oxide, chloroacetyl chloride, DURSBAN*, glacial acrylic
acid, monochloroacetic acid and telone transported in
dedicated trailer.
Destination Rate/Shipment
----------- -------------
01:1408 Theodore, AL $2,998
01:0016 Lake Charles, LA 3,959
01:1406 Taft, LA 3,130
01:0011 Greenville, NC 3,272
01:0010 Dayton, NJ 2,649
03:0306 Waterloo, NY 1,307
03:0311 Beaumont, TX 3,920
01:0012 Hopewell, VA 2,579
01:0018 Sarnia, ON 614
01:0020 Tillsonburg, ON 939
o Item 500 01:3808
--------
Origin: Midland, MI
Destination: Pittsburg, CA
Commodity: LORSBAN* in dedicated container
Rate: $4,613/shipment
o Item 600 03:0341
--------
Origin: Midland, MI and Bay City, MI
Destination: Colorado, Utah, Nevada and Idaho
Commodity: Liquid Commodities in single compartment MC-307 trailer.
Rate: -$128 flat charge + $3.02/loaded mile
*Trademark of The Dow Chemical Company
o Denotes Change
Page: II-4(M) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 700 01:8951
--------
Origin: Midland, MI
Destination: Midland, MI
Commodity: Chassis idle day charges
Rate: $16/day (7 days/week)
Applies on Chassis #TOLZ 62048 and #NLSZ 021057-9
o Item 800 01:3300
--------
Between: Dow Chemical at Midland, MI to the Port of New York/New
Jersey piers with an empty container and return to Midland,
MI with a loaded container.
Commodity: Methylacrylontrile in shipper-owned container
Rate: $2,700/round trip
Chassis $15/day includes maintenance and tires to Dow specification
Charge:
o Item 900 01:2012
--------
Origin: Bay City, MI
Destination: Sarnia, ON
Commodity: Calcium Chloride when transported in MC-306 or MC-312
rubber-lined trailer
Rate: -$92 flat charge + $3.55/loaded mile
o Item 1000 03:0322
---------
Origin: Points in U.S. excluding Michigan
Destination: Midland, MI and Bay City, MI
Commodity: Liquid Commodities in MC-307 trailer (reloadable 2/1
type only)
Rate: -$128 flat charge + $1.75/loaded mile
o Denotes Change
Page: II-5(M) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 1100 01:2009
---------
Origin: Bay Minette, AL
Destination: Midland, MI
Commodity: Liquid Chemicals in shipper-owned container on carrier
provided chassis
Rate: $3,154/shipment
No allowance for use of shipper-provided chassis.
o Item 1150 01:1150
---------
Origin: Midland, MI**
Destination: Midland, MI
Commodity: Diethylbenzene
Rate: $4,084/shipment
**NOTE: This rate is based on loading diethylbenzene in
Midland, MI proceeding to Bay Minette, AL for addition of
1300 lbs. of inhibitor, then proceed to Geismar, LA for
addition of 1500 lbs of another inhibitor, then returning to
Midland with approximately 42M lbs of total product.
o Item 1200 01:3059
---------
Origin: Claymont, DE
Destination: Midland, MI
Commodity: Ethylene when transported in cryogenic trailer
Rate: $3,105; cleaning does not apply
o Item 1300 01:2010
---------
Origin: Vicksburg, MS
Destination: Midland, MI
Commodity: Liquid Chemicals in shipper-owned container on carrier
provided chassis
Rate: $3,267/shipment
o Item 1400 01:0025
---------
Origin: Clearlake, TX; Deer Park, TX; Freeport, TX and Taft, LA
Destination: Midland, MI
Commodity: Glacial Acrylic Acid in a specially designed trailer
Rate: $2,962/shipment; Cleaning does not apply
This rate applies only with a MI down-bound shipment to
TX or LA.
o Denotes Change
Page: II-6(M) Rev 2 Date: 9/1/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 1500 03:0309
---------
Origin: Sarnia, ON
Destination: Midland, MI
Commodity: Liquid Chemicals NOI in non-dedicated single compartment
trailer.
Rate: $32 flat charge + $2.50/mile
Item 1600 03:0326
---------
Origin: Delaware City, DE
Destination: Muskegon, MI
Commodity: Liquid Commodities in MC-307 trailer
Rate: -$128 flat charge + $2.05/loaded mile
This rate applies only on inbound shipments for Dow.
Tank $125 when cleaned
Cleaning:
o Item 1700
---------
Entire item canceled.
Item 1800 03:0307
---------
Origin: Midland, MI
Destination: Pittsburg, KS
Commodity: Chloroacetyl Chloride in shipper-owned ISO container
Rate: $2,575/shipment
Tank cleaning not applicable.
o Denotes Change
Page: II-7(M) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 1900 03:0305
---------
Origin: Midland, MI
Destination: Detroit, MI
Commodity: Commodities in shipper provided ISO container
Rate: $413
Rate includes 2-1/2 hours for loading
When a chassis is delayed beyond the free time, a charge of
$15/chassis will be made for each 24 hours period or
fraction thereof and will apply in addition to all other
applicable charges.
Tank cleaning not applicable.
Item 2000 02:0106
---------
Origin: Detroit, MI
Destination: Midland, MI
Commodity: Empty ISO containers
Rate: $90/container
Rate applies on repositioning an empty ISO container in
conjunction with the movement of a loaded ISO in Item 1900.
o Item 2100 03:0303
---------
Origin: Midland, MI
Destination: Points in US and Canada
Commodity: Liquid Commodities transported in shipper provided ISO
container and chassis.
Rate: $1.41/running mile, terminal-to-terminal; $15/day/chassis
Rate applies on shipper-owned container.
o Denotes Change
Page: II-8(M) Rev 5 Date: 02/17/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 2300 01:0302
---------
Origin: Winder, GA
Destination: Midland, MI
Commodity: Sodium Lauryl Sulphate in single compartment MC-307 trailers
Rate: -$128 flat charge + $1.75/loaded mile
Item 2400 03:0345
---------
Origin: Midland, MI
Destination: Marlborough, MA
Commodity: Liquid Commodities in dedicated single compartment MC-307
trailers
Rate: -$128 flat charge + $3.00/loaded mile
NOTE: Traffic to be routed through Sarnia, ON
Hand Additional $75
Cleaning
Charge:
Item 2500 01:2400
---------
Origin: Castle Hang, NC
Destination: Midland, MI
Commodity: Sodium bichromate
Rate: -$128 flat charge + $1.75/loaded mile
Cleaning: $450
o Item 2600 01:2401
---------
Origin: Midland, MI
Destination: Muskegon, MI
Commodity: Phosphorous Oxychloride in Shipper Provided ISO
Container/Chassis
Rate: $610/shipment
o Denotes Change
Page: II-1(MISC) Rev 1 Date: 06/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
MISCELLANEOUS
Item 100 33:0338
--------
Origin: Chattanooga, TN
Destination: Champaign, IL
Commodity: Liquid Commodities in single compartment MC-307 trailers
Rate: $1.90/loaded mile
Item 200 01:1100
--------
Origin: Delaware Water Gap, PA
Destination: Houston, TX
Commodity: Ammonium Phosphate; potassium phosphate
Rate: $1.42/loaded mile
Item 300 11:1185
--------
Origin: Wilmington, NC
Destination: Columbus, OH
Commodity: Liquid Commodities in single compartment MC-307 trailer
Rate: $1,017/shipment
Item 400 03:0342
--------
Origin: Haverhill, OH
Destination: Rotterdam Junction, NY
Commodity: Liquid Phenol in single compartment trailers
Rate: $2.12/loaded mile
Item 500 01:0301
--------
Origin: Shadeland, IN or Lafayette, IN
Destination: Port Allen, LA or Baton Rouge, LA
Commodity: Fermentation Fluids in ISO containers
Rate: $1.48/loaded mile per round-trip shipment
Note: Rate to include mileage from and return to depot
storage yard in Chicago, IL
Spotting: $75 per 24 hour period included in rate
o Denotes Change
Page: II-2(MISC) Rev 9 Date: 04/24/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 600
--------
Origin: Solvay, NY
Commodity: Plastic Pellets
Destination Rate/Shipment
----------- -------------
60:2200 Erie, PA $738
60:2201 Paterson, NJ 733
Item 700
--------
Origin: Philadelphia, PA
Commodity: Magnesium Hydroxide Liquid
Cleaning When cleaned
Charges:
Destination Rate/Shipment
----------- -------------
70:0106 Chester, VA $500
70:0100 Clifton, NJ 372
70:0109 Hackettstown, NJ 322
70:0104 Lancaster, PA 292
70:0107 Monroe, NC 2.30/loaded mile
70:0102 Newark, NJ 322
70:0103 Nutley, NJ 372
70:0108 Raleigh, NC 2.38/loaded mile
70:0101 Ridgefield Park, NJ 372
70:0105 Scranton, PA 442
70:0110 Waterbury, CT 3.61/Loaded mile
Item 800
--------
Origin: Richmond, VA
Commodity: Magnesium Hydroxide liquid
Destination Flat Charge Rate/Shipment
----------- ----------- -------------
80:0100 Chester, VA $372
80:0103 Richmond, VA 372
80:0101 Monroe, NC -128 + $2.75
80:0102 Netcong, NJ -128 + 2.30
80:0104 Newark, NJ -128 + 2.30
o Denotes Change
Page: II-3(MISC) Rev 6 Date: 03/17/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 900 01:0900
--------
Origin: Charleston, SC
Destination: Sarnia, ON
Commodity: Liquid Commodities in MC-307 single compartment, reloadable
trailers
Rate: -$128 flat charge + $1.75/loaded mile
Item 1000
---------
Origin: Granite City, IL
Destination: Points in the U.S.
Commodity: Calcium Chloride Liquid
Miles Flat Charge Rate/Loaded Mile
----- ----------- ----------------
10:0100 30 - 100 $ 83 + $2.30
10:0101 101 - 240 -2 + 3.07
241 - Over -128 + 3.45
Item 1100
---------
Origin: Chicago, IL
Commodity: Caustic Soda Solution, liquid
Cleaning: When cleaned
Miles Flat Charge Rate/Loaded Mile
----- ----------- ----------------
40:1500 30 - 100 $ 83 + $2.30
40:1501 101 - 240 -2 + 3.07
241 & Over -128 + 3.45
Item 1200 22:2209
---------
Origin: Louisville, KY
Destination: Lebanon, KY (Worthington Industries)
Commodity: Liquid Calcium Chloride in dedicated, single compartment,
MC-306 aluminum trailers
o Rate: $314/shipment
Cleaning: Actual cost, when cleaned.
Note: Tank cleaning to be reviewed after initial 3-5 cleans
to determine contract bill amount to be published.
o Denotes Change
Page: II-4(MISC) Rev 1 Date: 03/19/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 1300
---------
Origin: Pittsburgh, PA
Commodity: Liquid Magnesium Hydroxide in MC-307, single compartment,
trailers
Cleaning When cleaned
Charges:
Destination Rate/Shipment
----------- -------------
22:2210 Adrian, PA $332
22:2211 Albright, WV 435
22:2212 Maidsville, WV 360
22:2213 Morgantown, WV 360
22:2214 Parkersburg, WV 575
o Item 1400 22:2215
---------
Origin: Crosby, TX and Houston, TX
Destination: Brownsville, TX and Laredo, TX (for furtherance to points
in Mexico)
Commodity: Liquid Commodities in MC-307 single compartment trailers
Rate: $3.30/loaded mile
Accessorial $200/round-trip border crossing fee
Charges: $50/per day trailer rental fee: days 1-7
$130/per day trailer rental fee: days: 8 or more
Note: Trailer rental fee application: $130/day fee applies
for 8 or more days if trailer held at consignee. If
trailer delayed by Mexican carrier, trailer rental fee
does NOT apply. Responsibility of CLTL to secure from
Mexican carrier.
o Denotes Change
Page: II-1(NH) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 100
--------
Origin: North Haven, CT
Destination: Points in U.S. including Connecticut
Commodity: Plastic Pellets
Miles Flat Charge Rate/Mile
----- ----------- ---------
01:0113 0 - 130 $49 + $2.75
01:1113 131 - 200 -21 + 3.26
201 & Over -23 + 3.27
o Item 200 01:0167
--------
Origin: North Haven, CT
Destination: Bellville, NJ
Commodity: Plastic Pellets
Rate: $42 flat charge + $2.64/loaded mile
o Item 300 01:0168
--------
Origin: North Haven, CT
Destination: Brampton, Ontario; Port Hope, Ontario
Commodity: Plastic Pellets
Rate: -$128 flat charge + $3.49/loaded mile
o Denotes Change
Page: II-2(NH) Date: 5/1/95
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Normal Operating Losses
Should Terminal's normal operating losses exceed the following percentage for
said product, Terminal shall be responsible for such losses as stated in Article
(16) of the basic agreement.
Plastic Granules: 0.5%
The percent product loss for a specific product shall be determined by adding
the beginning inventory to all receipts during the contract year for said
product, subtracting from that total, the sum of all shipments during the
contract year and the ending inventory and dividing the remainder by the sum of
the beginning inventory, plus receipts. Receipts and shipments shall be
determined as provided for in Article (6).
Other Provisions
1. The transfer charge above includes an amount for certain facility upgrading
and operational improvements. As consideration for such upgrading and
improvements, Dow agrees that if it does not ship 30,000,000 pounds from
the terminal during each year of the contract during the initial term (2
years), Dow shall pay Terminal $0.05/cwt for the difference between
30,000,000 pounds and the actual pounds shipped from Terminal's facility
during said year.
2. Terminal shall submit invoices for services rendered under this Agreement
the first part of each month for services performed during the previous
month. One invoice for transfer charges, one for storage and one for
miscellaneous charges, using reference numbers provided by Dow, if any.
Said invoices shall be payable by Dow within ten (10) days after receipt.
3. The trucking services and charges are covered under the Motor Carrier
National Contract between Chemical Leaman Tank Lines, Inc. and The Dow
Chemical Company.
4. This Agreement, upon its effective data, cancels and supersedes the Service
Agreement dated March 6, 1986, between Chemical Leaman Tank Lines, Inc. and
The Dow Chemical Company which currently covers terminaling services at the
North Haven, CT site.
o Denotes Change
Page: II-3(NH) Date: 5/1/95
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 100
--------
Origin: North Haven, CT
Destination: Points in U.S. including Connecticut
Commodity: Plastic Pellets
Minimum: $281/shipment
Miles Flat Charge Rate/Mile
----- ----------- ---------
0 - 130 $177 + $2.75
131 - 200 $107 + 3.26
201 & Over $105 + 3.27
Item 200
--------
Origin: North Haven, CT
Destination: Bellville, NJ
Commodity: Plastic Pellets
Rate: $2.64/loaded mile + $170
Item 300
--------
Origin: North Haven, CT
Destination: Brampton, Ontario; Port Hope, Ontario
Commodity: Plastic Pellets
Rate: $3.49/loaded mile
o Denotes Change
Page: II-1(P) Date: 5/1/95
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
PITTSBURGH
----------
ACCESSORIAL CHARGES: All accessorial charges not specifically covered by Dow
Master Contract to be billed per CLEA 100 series.
DEDICATED TRAILER CHARGE: $1,600/month/trailer 07:1111
Telone, Trifluoro Herbicidal Intermediate
TANK CLEANING CHARGE: Actual cost. Telone, Trifluoro Herbicides
Intermediate, hazardous and non-hazardous waste.
INTRAPLANT SERVICE AT THE DOW FACILITY AT PITTSBURGH CA:
07:5065 $55/hour or faction thereof; 1 hour minimum tank cleaning charge
$200 (when carrier is required to deadhead to cleaning rack to
clean trailer, an additional charge of $1.50/running mile will
apply; minimum $165).
SPOTTING TRAILER CHARGE: $110/day; $1,600/month 07:1111
SPOTTING CHASSIS CHARGE: $45/day; $800/month 07:1111
DEADHEADING CHARGE: $1.50/running mile when required or requested to spot or
07:7101 pick up trailer or chassis. Minimum charge: $165/round trip
07:1112
RATE MAKING MILES: Interstate traffic Rand McNally MileMaker;
Intra-CA DT8CA and Leonard's Metropolitan Zone
o Denotes Change
Page: II-2(P) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 100 07:2700
- --------
Between Pittsburg, CA and points in California
Commodity: Liquid Commodities transported in MC-307 single compartment trailer
Minimum: Rates shown that produce less than the minimum charge apply on a per load
basis only when two (2) consecutive loads are moved in the same unit by the same
driver with no delay between loads, no cleaning and no change of
equipment.
Miles Flat Charge Rate/Mile Miles Flat Charge Rate/Mile
----- ----------- --------- ----- ----------- ---------
30 -$128 + $9.65 230 -128 + $3.40
40 -128 + 7.70 240 -128 + 3.40
50 -128 + 6.60 250 -128 + 3.40
60 -128 + 5.90 260 -128 + 3.35
70 -128 + 5.40 270 -128 + 3.35
80 -128 + 5.05 280 -128 + 3.35
90 -128 + 4.75 290 -128 + 3.35
100 -128 + 4.50 300 -128 + 3.35
110 -128 + 4.30 320 -128 + 3.35
120 -128 + 4.15 340 -128 + 3.35
130 -128 + 3.95 360 -128 + 3.35
140 -128 + 3.85 380 -128 + 3.35
150 -128 + 3.75 400 -128 + 3.35
160 -128 + 3.65 420 -128 + 3.35
170 -128 + 3.60 440 -128 + 3.30
180 -128 + 3.50 460 -128 + 3.30
190 -128 + 3.45 480 -128 + 3.30
200 -128 + 3.40 500 -128 + 3.30
210 -128 + 3.40 520 -128 + 3.30
220 -128 + 3.40 540 & Over -128 + 3.30
o Denotes Change
Page: II-2A(P) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 105
- --------
Origin: Pittsburg, CA
Commodity: Liquid Solvents (acetone, caustic soda, chelating compounds,
glycerines, glycols, anti-freeze, VORANOL*, amines, phenol, epoxy
resin, chlorinated solvents [perchloroethylene, methylene chloride],
lacquer solvents [glycol ether acetate] and resin solvents [DOWANOL*
DB, DM, DPM, EB, PM])
Cleaning: $225 when cleaned
Single Compartment Multi-Compartment
Destination Flat Charge Rate/Loaded Mile Flat Charge Rate/Loaded Mile
----------- ----------- ---------------- ----------- ----------------
Corvallis, OR -$128 + $2.30 $-128 + $2.45
Halsey, OR -128 + 2.30 -128 + 2.45
Newberg, OR -128 + 2.30 -128 + 2.45
Portland, OR -128 + 2.30 -128 + 2.45
Salem, OR -128 + 2.30 -128 + 2.45
Springfield, OR -128 + 2.30 -128 + 2.45
White City, OR -128 + 3.10 -128 + 3.10
Auburn, WA -128 + 2.30 -128 + 2.45
Kalama, WA -128 + 2.30 -128 + 2.45
Kent, WA -128 + 2.30 -128 + 2.45
Pasco, WA -128 + 2.30 -128 + 2.45
Spokane, WA -128 + 2.45 -128 + 2.55
Washougal, WA -128 + 2.30 -128 + 2.45
Pts in OR or WA (not named) -128 + 2.45 -128 + 2.45
Canadian Rates
--------------
Calgary, AB -128 + 2.55 -128 + 2.55
Edmonton, AB -128 + 2.55 -128 + 2.55
Goadlish Lake, AB -128 + 2.55 -128 + 2.55
Nisku, AB -128 + 2.55 -128 + 2.55
Burnaby, BC -128 + 2.45 -128 + 2.45
Campbell River, BC -128 + 2.45 -128 + 2.45
Port Moody, BC -128 + 2.45 -128 + 2.45
Quesnel, BC -128 + 2.45 -128 + 2.45
Richmond, BC -128 + 2.45 -128 + 2.45
Vancouver, BC -128 + 2.45 -128 + 2.45
Winfield, BC -128 + 2.45 -128 + 2.45
Pts in AB or BC (not named) -128 + 2.55 -128 + 2.55
*Trademark of The Dow Chemical Company
o Denotes Change
Page: II-3(P) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 200 07:2800
--------
Origin: Pittsburg, CA
Destination: Points in California
Commodity: Hydrochloric Acid transported in MC-312 rubber lined trailer
Minimum: 48M lb minimum
Note: Cleaning does not apply
Miles Rate/cwt Miles Rate/cwt
----- ------- ----- --------
20 $0.20 220 $1.24
30 0.24 230 1.28
40 0.27 240 1.32
50 0.34 250 1.34
60 0.37 260 1.41
70 0.43 270 1.47
80 0.48 280 1.53
90 0.52 290 1.59
100 0.57 300 1.66
110 0.62 320 1.78
120 0.68 340 1.91
130 0.74 360 2.03
140 0.80 380 2.16
150 0.85 400 2.28
160 0.89 420 2.41
170 0.94 440 2.53
180 1.01 460 2.66
190 1.08 480 2.78
200 1.14 500 2.91
210 1.22
o Item 300 07:0700
--------
Origin: Pittsburg, CA
Destination: Points in U.S. except California
Commodity: Telone
Rate: $12 flat charge + $3.10/loaded mile
o Denotes Change
Page: II-4(P) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 400
--------
Origin: Pittsburg, CA
Destination: Points in California
Commodity: Spent Sulfuric acid; caustic soda; HCl
Miles Flat Charge Rate/Mile
----- ----------- ---------
07:701A 0 - 70 $4 + $2.48
07:2701 71 - 120 25 + 2.22
07:0701 121 - 200 -26 + 2.52
201 - Over -105 + 2.92
Rates apply only in the absence of rates more specifically
provided herein.
o Item 500 07:0702
--------
Between: Points in California counties of Alameda, Contra Costa
and
California counties of Los Angeles and Orange
Commodity: Liquid Commodities (includes solvents, caustic soda and latex)
Rate: -$88 flat charge + $2.12/loaded mile
o Item 600 07:0702
--------
Between: Points in California counties of Los Angeles and Orange
and
California counties of Alameda and Contra Costa
Commodity: Liquid Commodities in single and multi-compartment trailer
Rate: -$88 flat charge + $2.12/loaded mile
o Denotes Change
Page: II-5(P) Rev 1 Date: 6/17/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 700 07:0703
--------
Between: Points in California counties of Alameda and Contra Costa
and
California counties of Ventura and Riverside
Commodity: Liquid Commodities (includes solvents, caustic soda and latex)
Rate: -$88 flat charge + $2.26/loaded mile
Item 800 08:8000
--------
Between: Points in California counties of Alameda and Contra Costa
and
California counties of Los Angeles and Orange
Commodity: Liquid Commodities in intermodel tank containers
Rate: $50/hour, 6 hour minimum
Time shall begin when carrier's equipment leaves its
terminal and continue until equipment is returned to
terminal from which dispatched.
o Item 900 09:9000
--------
Origin: Pittsburg, CA
Destination: CT, GA, IL, MI, OH
Commodity: Liquid Commodities
Rate: -$128 flat charge + $1.75/loaded mile
o Denotes Change
Page: II-6(P) Rev 3 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 1000
--------
Origin: Pittsburg, CA
Commodity: Caustic Soda or solvents transported in single compartment, non-
dedicated MC-307 trailer
Destination Flat Charge Rate/Mile
----------- ----------- ---------
07:0708 AR, IA, MN, MO, OK -$128 + $1.70(1)
07:0709 LA, MI, TX (except shipments -128 + 1.55(1)
destined to Mexico)
07:0710 Tildale, GA (Dalton, GA) -128 + 1.75
07:0711 Points in Canada -88 + 2.95
(1)Rate applies only on shipments handled in backhaul transportation
o Item 1100
---------
Origin: Pittsburg, CA
Commodity: Liquid Commodities transported in MC-307 single and multi-
compartment trailers.
Destination Flat Charge
----------- -----------
07:1713 Antioch, CA $367
07:1714 Cloverdale, CA 603
07:1714 Kelseyville, CA 603
07:1714 Middletown, CA 603
o Item 1200
---------
Origin: Pittsburg, CA
Commodity: Liquid Waste Water
Destination Flat Charge
----------- -----------
07:0721 E. Los Angeles, CA $837
07:0722 E. Palo Alto, CA 335
07:0723 Los Angeles, CA 837
07:0724 Palo Alto, CA 335
07:0725 San Jose, CA 312
Compressor/Pump Charges: Included in rate
Tank Cleaning Charge: Actual cost
Waste Permit Fees: Included in rate
o Denotes Change
Page: II-7(P) Rev 3 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 1300 07:0706
---------
Origin: Pittsburg, CA
Destination: Pittsburg, CA
Commodity: Caustic Soda HCl
Rate: $22/shipment
o Item 1400
---------
Origin: Pittsburg, CA
Commodity: Salt Brine
Destination Flat Charge
----------- -----------
07:1707 Bakersfield, CA $612
07:1707 Belridge, CA 612
07:1707 Cymeic, CA 612
07:1707 Fellows, CA 612
07:1707 Maricopa, CA 612
07:1707 McKittrich, CA 612
07:1707 Midway, CA 612
07:1707 Taft, CA 612
07:1708 Coalinga, CA 447
07:1709
Tank cleaning is included in rate only when shipment is
transported in a dedicated trailer which is to be performed
every 5th load. Shipments transported in other than
dedicated trailer are subject to an additional charge of
$125 for cleaning of trailer.
o Item 1500 07:1716
---------
Origin: Pittsburg, CA
Destination: Pittsburg, CA with stop-off in Rio Vista
Commodity: Petroleum Distillates, NOS
Rate: $227/shipment
o Denotes Change
Page: II-8(P) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 1600 07:0727
---------
Origin: Pittsburg, CA
Destination: Bakersfield, CA
Commodity: Potassium Chloride (KOH) in single compartment trailer
Rate: $731/shipment
Tank $175 when cleaned
Cleaning:
Item 1700 07:0720
---------
Origin: Pittsburg, CA
Destination: Chicago, IL or Midland, MI
Commodity: Inserve transported in single compartment trailer
Rate: -$128 + $1.85/loaded mile
o Item 1800
---------
Origin: Pittsburg, CA
Destination: Midland, MI
Commodity: Trifluoro Methyl Pyridine
Rate: $8,200/shipment (Rate applies April 1 thru October 31 via Rt. I-80) 07:0704
$9,114/shipment (Rate applies November 1 thru March 30 via Int. 07:0705
Rts. 40, 44, 55, 80 & 94)
Dedicated Trailer Charge: $1,600/month - Telone
$1,000/month - Dichloro, Trifluoro,
Methyl Pyridine
Idle Day Charge: $100/day for dedicated VH acid trailer
Item 1900 07:0726
---------
Origin: Pittsburg, CA
Destination: Midland, MI
Commodity: Lontrale transported in single compartment MC-307 trailer
Rate: -$128 + $1.55/loaded mile
o Denotes Change
Page: II-9(P) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 2000 07:0717 07:0716 07:0715
---------
Origin: Pittsburg, CA
Destination: Plaquemine, LA, Midland, MI or Bridgeport, NJ
Commodity: Hazardous Waste, NOS
Rate: -$128 + $1.85/loaded mile
Tank Cleaning: Actual cost
Hazardous Waste Permit Charges:
Plaquemine, LA $ 75 with load
Midland, MI $275 with load
Bridgeport, NJ $350 with load
o Item 2100 07:0718
---------
Origin: Pittsburg, CA
Destination: Deer Park, TX
Commodity: Styrene or waste water transported in single compartment trailer
Rate: -$128 + $1.85/loaded mile
o Item 2200
---------
Destination: Pittsburg, CA
Commodity: Liquid Chemicals transported in single compartment MC-307
trailer
Origin Flat Charge Rate/Mile
------ ----------- ---------
22:2200 LA, MS, TX -$128 + $2.05
22:2201 AL, CT, DE, GA, IL, KY, MD, MI, NC, NJ, PA, SC -128 + 2.10
22:2202 MA, NY, RI, TN, VA -128 + 2.20
22:2203 AR, FL, IN, NH, VT, WI, WV -128 + 2.40
22:2204 ME, MO -128 + 2.60
22:2205 MN, IA -128 + 2.80
22:2206 CO, KS, MT, ND, NE, NM, SD, WY -128 + 3.25
22:2207 AZ, ID, OR, UT, WA -128 + 3.30
22:2208 NV -128 + 3.45
o Denotes Change
Page: II-10(P) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
Item 2300
---------
Origin: Pittsburg, CA
Destination: Points in the U.S. (including CA) and points in British
Columbia
Commodity: Liquid Commodities transported in single and multi-
compartment non-dedicated MC-307 trailer and intermodal
container movement.
Miles Flat Charge Rate/Mile
----- ----------- ---------
77:0712 0 - 70 $57 + $2.49
71 - 120 83 + 2.23
121 - 200 72 + 2.25
07:0712 201 & Over -88 + 2.95
Item 2400 77:0706
---------
Origin: Pittsburg, CA
Destination: Pittsburg, CA
Commodity: PT acid in Dedicated single compartment MC-312 trailers
Rate: $225/shipment
Note: No detention applicable
o Item 2500
---------
Origin: Pittsburg, CA
Commodity: Waste Tar in dedicated equipment only.
Destination Flat Charge Rate/Mile
----------- ----------- ---------
07:2500 Midland, MI -$128 $3.30
07:2502 Deepwater, NJ -128 3.30
07:2501 Clive, UT -128 3.30
Trailers to return to Pittsburg, CA for cleaning.
o Denotes Change
Page: II-1(SV) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
SAVANNAH
o Item 100 01:GA01
---------
Origin: Savannah, GA
Destination: Points in U.S. including Georgia in continuation of an
interstate movement (except AK & HI)
Commodity: Liquid Chemicals transported in MC-307 trailer
Tank Cleaning: $125 when cleaned for solvents and caustic solution
Miles Flat Charge Rate/Mile
----- ----------- ---------
0 - 100 -$34 + $2.25
101 - 210 -96 + 2.87
201 - 420 -106 + 2.91
421 & Over -68 + 2.87
o Item 200
--------
Origin: Savannah, GA
Commodity: Diphenyl Oxide
Destination Flat Charge Rate/Mile
----------- ----------- ---------
18:0200 Freeport, TX -$128 + $1.75
18:0201 Magnolia, AR -128 + 2.25
o Denotes Change
Page: II-1(STL) Rev 1 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
ST. LOUIS
o Item 100
---------
Origin: St. Louis, MO
Commodity: Liquid Caustic Soda
Destination Rate/Shipment
----------- -------------
02:2001 Pagedale, MO $51 or
02:2009 29*
*Rate applies only when two consecutive loads are transported on same day, in
the same unit.
Above rates not subject to tank cleaning.
o Item 200
---------
Origin: St. Louis, MO
Commodity: Liquid Caustic Soda
Minimum: Minimum/shipment from Schedule of Minimum Charges except
when multiple loads are tendered and delivered by the same
driver, same equipment, same day.
Miles Flat Charge Rate/Mile
----- ----------- ---------
02:2028 30 - 100 $83 + $2.30
02:2029 101 - 240 -2 + 3.07
241 - Over -128 + 3.45
o Denotes Change
Page: II-1(T/D) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
TILDALE / DALTON
o Item 100
Origin: Tildale, GA and Dalton, GA
Commodity: Liquid Commodities transported in MC-307 trailer
Rate/
Destination Flat Charge Loaded Mile*
----------- ----------- ------------
06:1000 AL -$128 + $3.00
06:1002 AZ, CO, IA, ID, KS, MT, ND, NE, NM, -128 + 3.16
NV, OK, OR, SD, UT, WA, WY
06:1004 AR -128 + 2.53
11:0182 CA -128 + 2.40
06:1006 CT, DE, MA, MD, NJ, NY, OH, PA, RI, WV -128 + 2.16
01:0278 FL -128 + 3.15
06:1008 IL, IN, MI -128 + 2.32
06:1010 KY -128 + 2.48
06:1012 LA -128 + 1.69
06:1014 ME, NH, VT -128 + 2.42
06:1016 MN, WI -128 + 2.89
01:0288 MS -128 + 2.60
01:0281 NC -128 + 2.80
06:0184 SC -128 + 2.25
06:1018 TX (only Houston and points within 75 -128 + 1.59
highway miles thereof)
06:1020 MO, TN, TX (other than shown above) -128 + 2.79
01:0286 VA -128 + 2.70
*Rates not applicable on shipments destined to Mexico
o Denotes Change
Page: II-2(T/D) Rev 3 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 200
Origin: Tildale, GA and Dalton, GA
Commodity: Liquid Commodities transported in MC-307 trailer
Destination Flat Charge Rate/Mile
----------- ----------- ---------
01:1112 Mahrt, AL -$128 + $2.65
01:0180 City of Industry, CA -128 + 2.25
01:0181 San Gabriel, CA -128 + 2.25
01:1148 Allyn's Point, CT -128 + 1.89
01:0292 Atlanta, GA 0.59/cwt*
01:0293 Dalton, GA 70 flat
01:0294 East Dublin, GA 1.50/cwt*
01:0295 Ellijay, GA 168 flat
01:0296 Lylerly, GA 0.52/cwt
01:0297 Rabun Gap, GA 0.83/cwt*
01:0298 Ringgold, GA 0.52/cwt*
01:0299 Rome, GA 168 flat
01:0300 Points in GA within 25 miles of origin 140 flat
(other than shown above)
01:1165 Midland, MI -128 + 1.89
01:1114 Meridian, MS -128 + 2.58
01:1116 Gastonia, NC -128 + 2.60
01:1168 Omaha, NE -128 + 3.15
01:1135 Chillicothe, OH -128 + 1.89
01:1140 Cincinnati, OH -128 + 1.90
01:1142 Cleveland, OH -128 + 1.89
01:1145 Columbus, OH -128 + 1.86
01:1160 Lockland, OH -128 + 1.88
01:1130 Carlisle, PA -128 + 1.86
01:1120 Willow Grove, PA -128 + 1.89
01:1110 Landrum, SC -128 + 2.62
01:1111 Liberty, SC -128 + 2.68
01:0303 Ennis, TX -128 + 2.34
01:1147 Freeport, TX -128 + 1.73
01:1146 Covington, VA -128 + 2.57
01:1118 Richmond, VA -128 + 2.55
*40M lb. minimum
o Denotes Change
Page: II-3(T/D) Rev 3 Date: 02/01/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 300 11:1175
Origin: Tildale, GA and Dalton, GA
Commodity: Liquid Latex in single compartment MC-307 trailer
Tank $175 when cleaned
Cleaning: Rate/cwt**
----------
Destination 42 M 46 M
----------- ---- ----
Granby, PQ and St. Jean, PQ $8.54 $8.26
*Rates stated and payable in U.S. funds
o Item 400 01:0114
Origin: Tildale, GA and Dalton, GA
Destination: Netcong, NJ
Commodity: Liquid Latex in single compartment MC-307 trailer
Rate: $1,482/shipment
Tank $175 when cleaned
Cleaning:
o Item 500 01:0290
Origin: Points in the U.S.
Destination: Tildale, GA and Dalton, GA
Commodity: Liquid Commodities in single compartment MC-307 trailer
Rate: -$128 flat charge + $1.75/loaded mile
Item 600 11:1180
Origin: Kearny, NJ
Destination: Tildale, GA and Dalton, GA
Commodity: Foam Control Agent (defoamer)
Rate: $2.34/loaded mile
Tank $100 when required
Cleaning:
o Denotes Change
Page: II-4(T/D) Rev 3 Date: 04/21/97
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
o Item 700
Origin: Tildale, GA and Dalton, GA
Destination: Augusta, GA
Commodity: Latex, liquid in dedicated single compartment MC-307 trailers
Rate: $587/shipment - If loaded between 0400 - 1500 hours 11 :1181
Tank $175 when cleaned
Cleaning:
(NEW)
Item 800
Origin: Tildale, GA and Dalton, GA
Destination: Augusta, GA
Commodity: Latex, liquid in dedicated single compartment MC-307 trailers
Rate: $472/shipment - If loaded between 1501 - 0359 hours 11:1182
Tank $175
Cleaning:
NOTE: Rate applies only on shipments handled in backhaul
transportation Monday thru Friday.
o Denotes Change
Page: II-1(W) Rev 2 Date: 6/17/96
Dow:
CLEA:
APPENDIX II
BULK MOTOR CARRIER CONTRACT
THE DOW CHEMICAL COMPANY AND
CHEMICAL LEAMAN TANK LINES, INC.
WILMINGTON
o Item 100 02:0200
Origin: Wilmington, NC
Destination: Points in U.S. including North Carolina in continuation of
an interstate movement.
Commodity: Liquid Caustic Soda
Minimum: Minimum/shipment from Schedule of Minimum Charges. (Will
not apply when two or more shipments are handled by the
same driver with the same equipment on the same day.)
Miles Flat Charge Rate/Mile
----- ----------- ---------
0 - 50 $35 + $3.02
51 - 200 11 + 2.88
201 & Over 41 + 2.99
Tank
Cleaning: $125 when cleaned
o Item 200 33:0295
Origin: Wilmington, NC
Destination: Allyn's Point, CT
Commodity: Caustic soda solution
Rate: $1.57/loaded mile
o Denotes Change