Operating instructions
Dole – Drivers Reference Manual
Page 61
(d) In the event of an occurrence of loss, damage, or injury, Carrier will
immediately notify DOLE as well as Carrier’s insurers. Carrier will prosecute and file all claims
arising under its insurance policies described above within thirty (30) days of such occurrence.
(e) No party or any of its agents is the agent, servant, or employee or joint
venturer of the other party.
8. No Load/Unload Requirements. DOLE does not request or require that Carrier load
or unload any shipment carried under this Agreement, or that Carrier make such arrangements on
DOLE’s behalf. Any undertaking by Carrier to load, or to unload, for a receiver shall be a contract
between Carrier and receiver. Carrier hereby agrees to hold DOLE harmless, and to defend and
indemnify DOLE from and against any and all claims, liability, costs, and damage based on any such
agreements.
9. Regulatory Authorities. Carrier represents and warrants that is has complied with the
requirements of all relevant local, state and federal regulatory authorities applicable to it, and that it
will comply with all such requirements now or hereafter in existence. To the extent that any
provision of this Agreement is inconsistent with any applicable regulation, the terms of the regulation
shall govern.
10. Warranty.
(a) DOLE MAKES NO WARRANTY OR REPRESENTATION, EXPRESS
OR IMPLIED, AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF THE UNITS
FOR ANY PURPOSE OR USE WHATSOEVER, AND CARRIER, BY VIRTUE OF ACCEPTING
DELIVERY OF EACH UNIT, ACCEPTS EACH SUCH UNIT AT ITS OWN RISK, EXCEPT AS
OTHERWISE PROVIDED IN THIS AGREEMENT, CARRIER'S SOLE REMEDY FOR ANY
DEFECT OF ANY UNIT SHALL BE THE RETURN OF SUCH UNIT TO DOLE.
(b) CARRIER RECOGNIZES AND AFFIRMS ITS RESPONSIBILITIES
UNDER ANY APPLICABLE STATE AND FEDERAL MOTOR CARRIER SAFETY
REGULATIONS.
11. Term; Termination. The term of this Agreement shall be for the period of one (1)
year, commencing on the date first above written, and shall continue after such one year period until
terminated by either party hereto upon not less than thirty (30) days written notice unless otherwise
mutually agreed. DOLE may terminate this Agreement at any time without prior notice or demand
for any of the following reasons:
(i) any invoice of DOLE remains unpaid forty-five (45) days or more after the date
thereof;
(ii) Carrier defaults on any other obligation hereunder;
(iii) DOLE determines in its sole discretion that Carrier is not creditworthy, by reason of
continuing delinquency or for any other reason; or
(iv) termination of any lease under which DOLE or an affiliate of DOLE leases
equipment included in the Units.