Operating instructions

Dole – Drivers Reference Manual

Page 54

Appendix A

DOLE FOOD COMPANY, INC.

CONTAINER INTERCHANGE AGREEMENT

This Agreement (herein, as it may be amended or supplemented from time to time, called the

“Agreement”), made this _____ day of ___________________, ______________, by and between

Dole Food Company, Inc. on its own behalf and on behalf of Dole Fresh Fruit Company (DFF) and

its and their parent, subsidiary or affiliated companies (hereinafter referred to as “DOLE”), One Dole

Drive, Westlake Village, CA 91362-7300, and the undersigned Carrier.

RECITALS

DOLE may from time to time provide certain equipment to Carrier for the purpose of

transporting DOLE proprietary cargo and third party cargo (hereinafter “cargo”) to customers of

DOLE or its affiliates. The equipment will consist of either 20 foot or 40 foot refrigerated or dry

containers on a tandem-axle chassis and all parts, accessories and appurtenances thereto, including

without limitation generator sets (each a “Unit” or, collectively, the “Units”). DOLE and Carrier

wish to set forth their respective rights and obligations as to any Units that are made available to

Carrier, and hereby agree as follows:

1. Delivery, Return and Inspection.

(a) For all purposes of this Agreement, delivery of a Unit from DOLE to Carrier

shall occur when an Equipment Interchange Report (promulgated by DOLE and as amended from

time to time, an “EIR”) has been generated and accepted by both parties. The EIR shall be generated

by DFF or DFF’s affiliate via a hand-held scanner. A hard copy receipt of the EIR (containing all the

information set forth in the EIR) shall be provided to Carrier (the “EIR Receipt”). Carrier shall be

deemed to have accepted the accuracy of the information recorded in the EIR upon acceptance of the

EIR Receipt and removal of the Unit from DOLE’S premises. Carrier further agrees to sign a log

prior to removal of the Unit from DOLE’s premises. Return of such Unit from Carrier to DOLE

shall occur when an EIR for return of the Unit has been generated and accepted by both parties;

provided, however, that if the Unit is deposited at DOLE’s premises and a representative of Carrier is

not present for its return inspection, return shall, at DOLE’s option, be deemed to occur when an EIR

for return of the Unit has been generated by DOLE alone.

(b) Prior to delivery of a Unit by DOLE to Carrier and, prior to its return by

Carrier to DOLE, the parties shall jointly inspect the Unit, and such joint inspection shall be

performed in accordance with the provisions of the EIR. In the case of refrigerated loads, inspection

shall include inspection of the load, the temperature setting and current temperature reading, and

generator set fuel, oil and coolant levels. If a Unit is returned without a joint inspection, and the EIR

has not been generated on redelivery, it will be presumed, with respect to any damage to the Unit, that

such damage occurred prior to its return. Carrier shall receive a hard copy of the EIR Receipt.

this Agreement to remedy any damage, defect or condition existing in a Unit after its return, the

parties shall be bound by the information contained in the EIR. The individual receiving or returning