Operating instructions
Dole – Drivers Reference Manual
Page 57
replaced tires to DOLE for inspection prior to reimbursement for the replacement cost. To the extent
tire loss is due to being run flat or other abuse, negligence or wrongful conduct of Carrier, Carrier
shall bear the cost of replacement.
6. Possession, Service, Upkeep, Repair, and Replacement.
(a) Possession. Carrier shall have complete control, possession, management
and operation of Units from delivery until return and shall be responsible for the Units at all times
under all applicable provisions of law. Carrier shall keep each Unit free of all liens, encumbrances,
and other security interests of any kind. Carrier shall not permit the Unit to be in the possession of
any third party other than DOLE’s customers except with prior written approval of DOLE;
irrespective of any transfer to a freight carrier other than Carrier, Carrier shall remain responsible to
DOLE for any and all liability to third parties, for damage to the Unit, for all use charges which may
accrue and for the performance of this Agreement by itself and by all other persons having possession
of the Unit until its proper return to DOLE. Neither Carrier, its agent or employees, nor any other
person shall, for any purpose, be deemed an agent or employee of DOLE. All Units shall remain
subject to inspection by DOLE and its affiliates upon reasonable notice. Carrier shall identify the
Units as required by ICC regulations. DOLE shall be responsible for attaching and removing any
required identification devices.
(b) Service. After interchange to Carrier, Carrier shall be responsible for
maintaining the Units in compliance with FMCSA Regulations. Carrier shall service the Units at
reasonable intervals, maintain the Units in good working order, condition and appearance, furnish all
necessary or appropriate oil, fuel, anti-gel additive and coolant (including increases in the antifreeze
rating if advisable). Carrier shall return the Units with fuel and oil tanks filled to the same level as
when delivered to Carrier; in the event Carrier returns Units with unacceptable fuel and oil levels,
DOLE shall service the Unit and make such adjustments to invoices as appropriate. Carrier shall
keep in good and clean condition the color, identification marks, and owner service mark on each
piece of equipment comprising a Unit, together with any DOLE logos affixed thereto, and shall not
cause or permit the same to be deleted, altered or supplemented in any way. All maintenance and
repair work effected by Carrier under this Section 6(b) shall be carried out by suitable skilled labor,
under competent supervision, and by the use of such components, parts or materials as are determined
and instructed by DOLE or, if no such instructions are received by Carrier, by the use of components,
parts and materials of a type and standard equivalent to the originals. DOLE reserves the right, in its
reasonable judgment, to require that certain repairs be conducted by DOLE or its affiliates, either in
the U.S. or abroad, and Carrier agrees to pay the reasonable charges for such repairs.
(c) Repairs and Replacements. (i) Upon becoming aware of any damage to or
loss of any Unit or any parts, accessories or appurtenances thereto, Carrier shall immediately notify
DOLE and take all reasonable actions to effect repairs and replace such damage or loss. The cost of
repairs or replacements not caused by Carrier’s negligence or wrongful conduct, as established to
DOLE’s reasonable satisfaction, shall be reimbursed by DOLE promptly after delivery of the
applicable invoices and evidence of Carrier’s payment, provided Carrier gave notification as provided
herein and the repairs or replacements were procured in accordance with DOLE’s instructions;
otherwise, such cost shall be borne fully by Carrier. If repairs or replacements are estimated to
exceed $500.00, consent of DOLE must be obtained before Carrier may proceed with such repairs or
replacements. All replaced parts must be returned to DOLE along with the repaired Unit.
(ii) Unless otherwise provided, material used in making repairs shall be
charged at current market prices, which shall be the invoice price plus commercial freight. However,