Operating instructions

Dole – Drivers Reference Manual
Page 55
the Unit from or to DOLE (including the tractor driver) shall, under all circumstances, be deemed
Carrier’s authorized representative to execute the EIR on Carrier’s behalf. Except as provided in the
foregoing Section 1(b), in the absence of a contrary description contained in the EIR, a Unit shall be
deemed to be received by Carrier in good order and in full compliance with all applicable U.S.
Department of Transportation Federal Motor Carrier Safety Administration (“FMCSA”) regulations
at the time of interchange. The terms of this Agreement shall be deemed incorporated in each EIR as
if fully set forth therein.
(d) Carrier shall return each Unit at no cost to DOLE to the place from which the
Unit was originally delivered to Carrier by DOLE, except as the parties may otherwise agree in
advance in writing.
(e) Each EIR shall specify the name of the owner of the tractor, a certification
that the equipment is being operated by or on behalf of Carrier, the date and duration of Carrier’s
possession, any restrictions relative to the cargo to be transported, and the address for notice purposes
at which this Agreement is kept by the Carrier, and that the EIR Receipt be kept with the Unit while
in the possession of the Carrier.
(f) Carrier shall strictly follow all safety procedures contained in the current
Dole Driver's Reference Manual, applicable to any Dole terminal or communicated by DOLE while
on DOLE premises. Carrier shall be solely responsible to convey all safety procedures and to provide
the Dole Driver's Reference Manual and any related materials to agents, servants, employees and its
drivers.
2. Payment; Letter of Credit. Carrier agrees to pay DOLE the charges set forth in
Schedules 1 and 2 attached hereto and made a part of this Agreement. All charges incurred under this
Agreement are due and payable by Carrier ten (10) days following date of invoice. If Carrier fails to
object to any charge within ten (10) days of the date of invoice, Carrier shall be bound thereby. Such
charges shall continue to accrue until the return of the Unit, whether or not the failure to return is due
to circumstances beyond Carrier’s control. Without limiting DOLE’s remedies, DOLE may at its
option satisfy any amounts thus due and payable by setoff against any amounts (whether related or
unrelated) owing by it or any of its agents or affiliates to Carrier. If any invoice for charges is not
paid when due and remains unpaid for ten (10) days, Carrier shall pay DOLE a late charge equal to
five percent (5%) of the amount delinquent, but in no event greater than the amount permitted under
applicable law. Such late charge is in addition to and not in lieu of other rights and remedies DOLE
may have. DOLE may at its option require Carrier to furnish DOLE with a letter of credit in the form
and for the amount set forth in Addendum 1 to this Agreement, issued by a bank satisfactory to Dole.
3. Use.
(a) Carrier shall use the Units for the purposes stated in the recitals hereof, and
for the carriage of cargo in direct, expeditious movement between DOLE port locations and customer
destinations and back again. No cargo other than product of DOLE or its affiliates shall be carried in
a Unit until all DOLE or affiliated party’s cargo contained therein has been delivered to the DOLE
customer. Carrier is also prohibited from utilizing any Unit marked with the DOLE logo to transport
any cargo competitive with any DOLE labeled product and from reloading a Unit at any port area
without DOLE’s prior written consent.
(b) Carrier shall not utilize any refrigerated Unit to transport chemicals or any
commodities or products which are or may be noxious, injurious, damaging or dangerous in any