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COURT OF COMMON PLEAS OF DELAWARE COUN I Y PENNSYLVANIA
CIVIL ACTION LAW
OCEAN NETWORK EXPRESS PTE LTD
do OCEAN NETWORK EXPRESS
(NORTH AMERICA) INC,
Pl M!!! No
vs
PHILADELPHIA TRUCK LINE, INC
CIVIL ACTION
Defendant
N0 TIL I
YOU HAVE BEEN 5U] 1) IN COURT [1 YOU WISH TO DEbbND AGAINSl 111E
CLAIMS SET FORl H IN THE FOLLOWING PAGES YOU MUST TAKE ACTION WITHIN
TWEN I Y (20) DAYS AFTER THIS COMPLAINl AND NOTICE ARE SFRVED BY
ENTERING A WRJ lTEN APPEARANCE PERSONALLY OR BY ATTORNTY AND FILING
IN WRITING WITH THE COURT YOUR DEPbNSES OR OBJECTIONS TO THE CLAIMS
SET FORTH AGAINST YOU YOU ARE WARNED THAI IF YOU FAIL TO DO SO THE
CASE MAY PROCbbD WITHOUT YOU AND A JUDGMENT MAY BE ENTERED
AGAINST YOU BY THE COURI WITHOUT FURTHER NOTICE FOR ANY MONEY
CI ATMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED
BY THE PI AINTIFF YOU MAY LOSE MONEY OR P1201 ER'I'Y OR OTH1< R RIGHTS
IMPORTANT TO YOU
YOU SHOULD TAKE lHIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER GO TO OR I FLEPHONE THE 01 HCE SET FORTH BFLOW
THIS OFFICE CAN PROVIDE, YOU WITH INFORMATION ABOUT HIRING A LAWYER
IF YOU CANNOT AFFORD l O HIRE A LAWYER {HIS OFFICE MAY BE ABLE
”1 0 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES lHAT MAY OFFER
LEGAL SERVYCES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO Hal:
Lawyer Rcfcrcnce Sexvice
ant & Lemon Strccts
Media PA 19063
(610) 566 6625
AMATO AND KFA’I‘TNG P C
By
M
Justin N Dams Esquire
I01111 R Keaung, quuile
Dame] A Wechsler, quuire
Michael J Albanese, Esquire
Attomcys £01 Plaxntiff
107 North Commerce Way
Bythlyb'm‘, P A 18017
(610) 866 0400
COURT OF COMMON PLEAS OF DELAWARP ( OUNTY PENNSYLVANIA
CIVIL ACTION LAW
OCEAN NETWORK EXPRESS PTE LTD
Clo OCEAN NFTWORK ERRESS
(NORTH AMERICA) INC
Plaintiff No
vs
PHILADELPHIA I RUCK LINE, INC
CNN ACTION
Defendant
C 0 MP LA INT
The above l’lamtiff brings this acnon against the above Defendant to recover the sum of
$127,197 50, with interwt thereon as heremafier slated, upon the following cause of antian
I Plaintiff OCEAN hETWORK EXPRFSQ PTE LTD 0/0 OCEAN NFTWORK
EXPRESS (NORTH AMERICA) INC is loaned at 8730 Stony Point Parkway Etc 400
Richmond VA 23235
2 Defendant PHILADFLPIIIA lRUCK LINE INC is located dl 6250 Baltimore
Ave Ste 18 Lansdowne PA 19050
COUNT I
Breach of Contract
3 At Defendant’s request Plaintiffrenderc-A to Defendant certain shipping services in I
the amount and for the prices set forth in invoices refelrcd to in a statement of Defendant's account (
taken from Plaintiff‘s books and records a true and comet copy of which IS attached hereto made ’
a pan hereof and marked Exhxbit "A ” '
4 Defendant leceived Said sewlces flan] Plamtift E
5 Defendant accepted said services flom Plenum: g
6 Defendant did not leject said services from Plaintiff g
F€
1
7 Defendant did not dispute the provision of the shippmg services by Plaintiff
8 Plaintiff and Defendant are both parties to the Uniform lntermodal Interchange and
Facilities Access Agreement (‘Agxeement”), a true and correct copy of which is attached hereto,
made a pan hereoi and marked ExhibIt “B”
9 Defendant has not paid Plaintiffin full for the shipping services received, in violation
of the Agnement, as well as the agieement between the parties established by the 1nv01ces issued
to DeIenaant
10 A total principal amount which became due as a result thereof after allowance for
all proper credits for payments and/or adjustments ii any was $101,680 00
ll Plaintiff is also entitled to lcccive interest on the above amount determined by
applying the statutmy interest rate of 6% per annum to the past due balance which currently totals
$5 181 50
12 Plaintiff is entitled to have the 6% interest Lharge continue to accrue as set forth
above, fiom November 16, 2022 on down to the (Lite ofjudgment in this matter
13 Pursuant to the Agieement, Plaintiffis further entitled to recover reasonable attomeys'
fees tram Defendant which currently totals $20 336 00
14 Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant
failed 01 refused to pay the same 01 any part thereof
WHEREFORE Plaintiff demands judgment against Defendant for $127 197 50 togethei
with the continually accruing interest charge at the statutory late of 6% per armwn flora November
14, 2022, costs of suit and all other relief to which Plaintiff may be entitled
l
COUNT 11 l
Alternative to Count I Unjust Enrichment ‘
15 Plaintiff incompordtes the allegations of every paragraph enumerated above of this
Complaint as if send paragraphs were fully set farm here at length
16 At Defendant'srequest, Plaintiffconferl ed a benefit upon Defendant by prowling the
services described in the exhibits attached hereto
17 Delenuam receivui and magma .13: hmleflt of aqld an m»; pnmdvd by lefliff
18 At all times matcrial hereto7 Defendant was awale that Plaintiff was providing the
aforesaid seruces tu Defendant and that Plaintiff expactcd to be pad for such
19 At all times material hereto, Defendant, with the aforesaid knowledge, permitted
Plaintifftu plovlde said services and to mom damages
20 At all times mammal hereto, Defendant was unjustly ennched by retaming the benefit
of receivmg said services w1thout paymg Plaintlff fair and reawndhle compensation
21 Allowing Defendant to retain the benefit of hdld scrvlces Wlthout paying fair
cumpcnsatlon would be unjust
22 By reason of the atoresmd unjust enrichment of Defendant at lentlfl‘s expense an
Implied contract exists between Plaintiff and Defendant and Defendant is obhgaled to pay Plaintiff
the quantum menu! value ofth scrvmes desczibed in the exhibits attached hereto m the amount of
$101 680 00
WHFREFORE Plaintiff demands judgment against Defendant for $101,680 00 together
with the continually accruing interest charge at the statutory late of 6 00% pa) annum from
November 16, 2022 costs of suit and all other relief to which Plajntlffmay be entitled l
g
i
E
( OUNT III
Open Bonk Account
23 Plaintiff incorporates the allegations of every paragraph enumerated above of this
Complaint as if said paiagraphs were fully set forth has at length
24 Within four (4) years past prior to the nomencement of this action, Defendant
became indebted to Plaintiff on an open book account fox a principal balance due in the sum of
$101,680 00
25 Demand has been made on Defendant f(n said sum 0f$101 680 00 but Defendant has
{hi led and refused and continue: to fail and refuse ta pay said sum and the whole thcrccf1s now due,
owing and payable with inteiest at the statutory rate
WHERE} ORE Plaintiff demands judgment against Defendant for $101 680 00 together i
with the continually accruing interest charge at the statutmy rate of 6 00% per annum from
Novembel 16, 2022 costs of suit and all other relief to which Plaintiff may be entitled
COUNT IV
Account Stated
26 Plaintiff mccrporates the allegations of every paragraph enumerated above of this
Complaint as if said paragraphs welt: fully set forth here at length
27 Within four (4) years past, prior to the commencement of this action there was an
account stated by and between Plaintiff and Defendant on which stated accnunt the prinmpal sum
of $101,680 00 was Agreed upon as the principal balance due to said Plainti ffflom Defendant, which
sum Defendant p1 omiscd and agreed to pay
28 Demand has been made on Defendant for said sum of $101 680 ()0, but they have
faded and refused and continue to fail and refuse to pay said sum, and the whole thereufii now due,
owmg and payable together wnh interest at the statutmy rate ‘
WHEREFORE Plaintiff demands‘judgment against Defendant f0] $101 680 00 together
with [he continually acc1uing interest charge at the statutoxy late of 6 00% per annum from
November 16, 2022 costs of suit and all 011101 1011::ro whinh Plaintiff may be cntltled
AMATO AND KhATlNG P C
By /
1 ,. mw
Juot... N Duns, Esquue
John R Keating, hsquirc
DanieI A Wechslct, Esquire
Michael J Albansss, bsquile
Allumey; for P1aintifi
107 North Commerce Way
Bethlehem PA 18017
(610) 866 0400
11
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VERIFICATION
Eichurd Suolt Banks: , hereby states 0m he/shc is theMmIngen Accounts lxecetvablqof
mad: in
066““ Nclwork EXPWSS (Norm Ameriw) Inc , Plaintiif in this action, and verlfies that the statements
belief ‘
me attached Complaint are true and conectto the best ofhis/her knowledge, infomationand
penalties of 18 PA
Thu undexsignck! understands that the statements hatch) are made subject in the
r| a yam mating tr,- unsworn falsification to autholizies
a ww§d a )(QCSID
Hcknow\€<}z%u} EM me, (7n
Barbara Ann Ruharts
M a W NOTARY PUBL|C
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“3204849 UST522535 5/20/2021 $550 00
Philadelphia Truck Lines m:
Philadelphia Truck Lines Inc TB204849 UST531531 6/3/2021 $300 00
TB204849 UST523650 6/6/2021 5140 00
Philadelphia Truck Lines Inc
TBZO4849 UST537446 6/12/2021 $560 00
PhHadelphia Truck Lines Inc
T8204849 UST542566 6/15/2021 $2 240 00
Phl‘adelphia Truck Lines Inc
TEZO4849 UST527865 6/16/2021 $280 00
Philadelphia Truck Lines inc
‘ ' ' T5204249 UST55S7R2 6/26/2021 31 260 00
rhiiuchpfi‘ 1'
TBZO4849 UST533531 7/9/2021 $420 00
Phiiadelphia Truck Lines Inc
“3204849 UST557948 7/14/2021 $420 00
Phlladelphia Truck Lines MC
TBZO4849 UST561298 7/22/2021 5450 00
Philadelphla Truck Lines Inc
TBZO4849 UST567376 7/28/2021 5450 00
Phi‘adelphia Truck Lines Inc
Phi‘adelphia Truck Lines Inc TEZO4849 UST568199 7/31/2021 $700 00
T320484!) UST585893 8/7/2021 $150 00
Philade|phia Truck Lines Inc
TBZO4849 UST572701 8/9/2021 $300 00
Phi‘adelphia Truck Lines Inc
Phiiadelphia Truck Lines Inc TBZO4849 UST575817 8/9/2021 5600 00
Philadelphla Truck Lines Inc T3204849 UST584414 8/15/2021 5450 00
T5204849 UST584408 8/15/2021 5750 00
PhHadelphla Truck Lines Inc
TBZO4849 UST587092 8/15/2021 $450 00
Philadelphia Truck Llnes Inc
Phl‘adelphia Truck Lines Inc TB204849 UST582273 8/19/2021 5150 00
Phi‘adelphia Truck Lines Inc T3204849 UST611318 9/17/2021 $750 00
Phi‘adelphla Truck Lines \nc TB204849 U5T517850 9/22/2021 3450 00
Philadelphia Truck Llnes \nc TBZO4849 UST618837 9/22/2021 $150 00
Phi‘adelphia Truck Lines MC T820484!) UST618838 9/22/2021 5150 00
Phi‘adelphla Truck Lines 1m: TB204849 UST638080 9/23/2021 $750 00
Phl‘adelphla Truck Lines Inc “3204849 UST630862 9/29/2021 $600 00
Phiiadelphla Truck Lines Inc TBZO4849 UST631435 10/6/2021 $150 00
Philadelphia Truck Lines Inc “3204849 UST631614 10/7/2021 $900 00
Philadelphia Truck LInes Inc TB204849 UST639261 10/14/2021 $150 00
Philadelphia Truck Lines Inc TEZO4849 UST642865 10/16/2021 5750 00
Philadelphia Truck Lines Inc TBZO4849 UST642866 10/16/2021 5600 00
Philadelphla Truck Lines Inc TBZO4849 USTG4S491 10/25/2021 5450 00
Philadelphia Truck Lines Inc TB204849 UST651782 10/28/2021 $300 00
Philadelphla Truck Lines Inc T820484!) UST651784 11/1/2021 $300 00
Philadelphia Truck Lines Inc T0204849 UST655610 11/2/2021 $750 00
Philadelphla Truck Lines Inc TBZO4849 UST673782 11/7/2021 $3 450 00
“3204849 UST657167 11/7/2021 $1 950 00
Phl‘adehihla Truck Lines MC
Philadelphia Truck Lines 111C T0204849 UST716888 11/7/2021. $9 900 00
PhiFadelphia Truck Llnes 1m: “3204849 UST823292 11/7/2021 $27 300 00
Philadelphia Truck Lines Inc 13204849 UST674897 11/21/2021 $150 00
Philadelphla Truck Lines Inc 15204849 UST679600 11/24/2021. $450 00
Philadelphia Truck Lines Inc TB204849 UST679598 11/24/2021 $1 350 00
m. x A IFM T kL [73 15204349 llST673784 11/24/2021 $450 00
Philadelphia Truck Lines Inc “3204849 UST715613 11/24/2021 $4 300 00
TBZO4849 UST678203 11/25/2021 $1.50 00
Philadelphia Truck Lines Inc
4 EXHIBIT
%E" A
TBZO4849 UST678197 11/15/2021 $1 200 00
Philadelphia Truck Lines Inc
Philadelphla Truck Lines Inc “3204849 UST679502 11/28/2021 $1 200 00
Phlladelphla Truck Lines Inc TBZO4849 UST673775 11/28/2021 $150 00
Phifadelphia Truck Lines Inc TBZO4849 UST712689 11/28/2021 $5 400 00
PhHadeIphia Truck Lines Inc H3204849 UST715615 12/10/20 1 $5 400 00
Phi‘adelphia Truck LInes 1n: TB204849 UST717104 12/10/2021 $5 250 00
Philadelphia Truck LInes me “3204849 UST716977 12/10/2021 $4 950 00
Philadelphia Truck Lines \nc T320484!) UST715622 12/17/2021 $4 650 00
Phiiadelphla Truck Lines \nc T520484!) UST715618 12/17/2021 $4 800 00
Philadelphia Truck Lines 1714: T8204849 UST713924 1/10/2022 5600 00
PhHadeIphia Truck LInes me T8204849 UST707244 1/10/2022 5300 00
‘
1
Developed By Effective April 23 2021
The lntermodal Interchange
Executive Committee
UNFORM ‘
INTE RM0 DAL
I NTE RC HAN G E
AND E
FACILITIES ACCESS ‘
AG RE E M E NT
(u I I A) f
l
i
Administered By '
The lntermodal Association of North America v
11785 Beltsville Drive Suite 1100 ’
Calverton, Maryland 20705 4049 rm ;
Phone Toll Free (877)438 UIIA (438 8442) or (301 )474 8700 g 4
Fax (301)982 3414 or (301)932 5473 Website www uiia om g J8
FORM 2
UNIFORM INTERMODAL INTERCHANGE
AND
FACILITIES ACCESS AGREEMENT
(A Program ofthc lntermodal Associatlon of North America)
Participating Party Agreement
The Party named below agrees that by executing the Uniform lnlermodal Interchange and Facilities
Access Agreement (UllA) it will be bound by the provisions of the UllA and subsequent amendments andlor
revisions of that Agreement and any addendum lheretu that does not conflict with the terms of this Agreement l
which govern the interchange and use of Equipment in intermodal interchange service The Provider named
below agrees that in its interchange activities with Motor Carrier penicipants who are signatories to the
Agreement this Agreement will be the only Agreement it will use and that this Agreement applies to all
interchanges of Equipment between the Parties unless superseded in whole by a separate bilateral written 1
equipment interchange agreement [Revised 05/22/19] I
This Agreement shall be effective unless cancelled in writing by mutual consent of the Parties or by any ;
Parly upon [hirly (30) days prior Notice to Ihe other Party A copy of lhe required written Notice must be provided
to the President 0f lANA atthe time it is issued [Revised 08/01/14]
1
COMPANY NAME v
‘
AUTHORIZED BY (Print or Type)
1;
SIGNATURE TITLE
BUSINESS ADDRESS
(Mailing Address) No Street City
State/Province Zip/Postal Code Phone No Fax E Mail l
Indicate Nature of Business Motor Carrier Provider /
lf Motor Carrier please check all that apply to your business operations 4 Smarlway Carrier
H For Hire u Private Ll Interstate Ll Intrastale Ll Commercial ZonelTerminal Area Operator 1
Standard Carrier Alpha Code (SCAG)
MC Number DOT Number
Tax ldehlification No or Canadian Business Number a
The pravisinns of this agreement shall became effective on the date accepted by the Association of the
above named carrier and published in the list of subscribers or supplements thereto l
Acceptance Date Ev
Assistant Vice President :
Intermodal Information Services E
Due to com, 1: you an an an resident, please check below i
[ 1| haw Mad and accepted the IANA Privacy Pulley hug l/lntermorlal nrg/Erivany Emmy 5
[ 1| “th read and prawns cantem tn the ll‘B n! my personal data hf") l/Intermndal nmllnrmsleuonnr
l
l
FORM 2
UNIFORM INTERMODAL INTERCHANGE
AND
FACILITIES ACCESS AGREEMENT
(A Program of (he Intermodal Association of North America) l
Participating Party Agreement
The Parly named below agrees that by examining the Uniform lnlermodal Interchange and Facilities
MM“ Agreement (UNA) It will be bcund by the pravlsims of the lillA, and subsequent amandmenfs and/or
revisions of that @reement and any addendum thereto that does not conflict with the terms of this Agreement
which govern the interchange and use of Equipment in inlermodal interchange service The Provider named
below agrees that in its interchange activities with Motor Carrier participants who are signatories to lhe
Agreement this Agreement will be the only Agreement it will use and that this Agreement applies to all
lnlerchanges of Equipment between lhe Parties unless superseded in whole by a separate bilaleral wrilten
equipment inlerchange agreement [Revlsed 05/22/19]
This Agreemenl shall be effective unless cancelled in writing by mutual consent of the Parties or by any
Party upon (hirty (30) days prior Notice 10 lhe ulher Party A copy of the required Notice must be provided to the
Presidenl of IANA at (he lime il is issued [Revised 08I01I14]
COMPANY NAME
AUTHORIZED BY (Prim or Type)
SIGNATURE TITLE
BUSINESS ADDRESS
(Mailing Address) No Street City
SlaielProvince Zip/Pustal Code Phone No Fax E Mail
Indicate Nature of Business Motor Carrier Provider i
If Motor Carrier, please check all that apply to your business operations Fl Smartway Carrier
Fl For Hire Li Private El Interstate 3 intrastate El Commercial ZoneITerminal Area Operator ‘
Standard Carrier Alpha Code (SCAG) 3
MC Number DOT Number
Tax Identification Number nr Canadian Business Number ;
The provislons of this agreement shall become effective on the date accepted by the Association of the .
above named carrier and published in the list of subscribers or supplements thereto
a
n A 1 i5
Acceptance Dale By W ) 1
Assistant Wee President ‘
Intennodal Information Services 7
”NOTE ms cow or THE PARTlClPATlNG PARTY SlGNATURE PAGE SHOULD BE MAINTAINED BY mun COMPANY
E
Table of Contents
Page Nuvnber
Participating Pafly Signature Page
Sectlon A Purpose 1
Section B Deflnitlons of Terms 1 2
Senior: C Premise Access 23
Section D Equlpment Interchange 3 4
> D 1 Notification of Equipment Availability 3
> D2 Equipment Interchange Receipts 3
> D3 Equipment Condition 34
Section E Equipment Use 4 8
1
> E1 Equipment Return 45 I
> E2 Lost Stolen or Destroyed Equipment 5 f
> E3 Damage to Equipment 5 6
> E4 Tires 6—7
> E 5 Disposal of Dunnage 7
> E 6 Free Days Per Diem Container Use Chassis UselRental and/or
Storage/Ocean Demurrage Charges 7 3
> E7 Accidents 8 1
Section F Liability Indemnity and Insurance 8 9 ,
x» F 1 Fines and Citations 8
> F2 Independent Contractors Status 8 '5
> F3 Interchange of Equipment by Motor Carrier 10 Ano1her Parly 8 g
> F4 Indemnity 8 1
)> F 5 Notice of Filed C1aims 89 1'
)> F 6 Insurance 9 j
> F7 Provider Obtaining Evidence of Insurance 9 ;
Section G General Terms 9 12 .
> G 1 Entire Agreemeni 9 10
> G2 Headings 10 ¢
> G3 Waiver 10
> G4 Materiai Breach 10 3
> G 5 Assignment 10
)> G 6 No Third Party Beneficiaries 10
> G7 Governing Law 10
> G a Venue 10
S» G 9 Severabilily 11 [
> G 10 Sunlival 11 1
5 P 1 1 an?lxunr‘a \Ahl'h Hun I an! 11
> G 12 Force Majeure 11
> G 13 Attorney 5 Fees 11 E
> G 14 Notices 11 E
> G 15 Multiple Counterpans 11
> f 16 Term 11 1.2
Table of ConteMs (continued)
Page Number
Section H Default Dispute Resolution & Blndlng Arbltvatlon Processes 12 13
Section I Executlon Clause 13
1
Section J Agreement Effecxive Date 13 1
Appendix I Administrative Procedures 14 18
> Section | Administration and Implementation 14 15
> Section ll Review Procedures for New or Revised Providers Addenda 15 16
> Section III Requests for Interpretation ongreement Provisions 16
> Section IV Requests for Modifications to the Agreement 16 17
> Section V Notice of Proposed Modifications to me Agreement
and Commenl Process 17
> Section VI Prerequisites for Participation 17 18
> Section VII Partys Rigm 1o Termlnate Participation 18
> Section VII] Compliance with the Agreement 18
Exhibits to the UIIA
> Exhibit A Mctor Carrier Pre trip inspecfion 19
F» Exhibi‘ B Equipment Owner Responsibility Items Rstating to Repairs
Resulting from Normal Wear and Tear 20
> Exhibit 0 Motor Carrier Responsibility Items Re1ating (0 Repairs A
During Interchange Period 21 z
> Supplement to Exhibit C Tire Marking and Phuko Requirements/Criteria 22 Z
> Exhibit D Binding Arbitration Process Guidelines 23 24 f
Pravider Addendum Template 25
§
2
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E
1y
E
i
r
UNIFORM INTERMODAL INTERCHANGE
AND FACILITIES ACCESS AGREEMENT
A Purpose
The Parties to this Agreement hereby acknowledge their respective responsibilities in one
Partys access to the Premises of the other for the purpose of interchanging tntermoda/
transportation Equipment and further establish the terms and conditions under which such
intermodal Equipment will be used
B Definition otTerms
1 Actual Cash Value Replacement cost less depreciation as referred to on Equipment
Owners or Providers Books ‘
t
2 Addendum/Addenda Providers schedule of economic and commercial terms not ‘
appmpnate for :hctustcn tn the unttcrm Agreement and other teams and Mrditv‘ns "t ‘
Equipment use [Revised 04/11/07] ‘
3 Agreement This Agreement or amendments thereto and Addendum/Addenda
4 Chassis A steel frame equipped with wheels landing gear and kingpin assembly with I
looking devices for securing and transporting a container as a wheeled vehicle E
[Revised 06/08/15] I
5 Chassis Use/Rentat Charge Daily charge to be paid for use of chassis as agreed to by E
the Parties [Revised 01/17/12] 5
6 Container An intermodal cargo carrying device capable of road transport when mounted I
on a chassis or other suitable device [Revlsed 11(18/09] I
7 Container Use Charge Dally charge to be paid for use of Containers as agreed to by f
the Parties [Revised 06/10/12] ‘
t
8 Contamination Damage resulting from release of a hazardous material or other /1
substance in Equipment which prevents subsequent use at the Equipment without g
removal of the material or substance [Revtsed 10/22/04] 3,
9 Damage Any condition that prevents the intended use of the Equipment including those 1
conditions described in Exhibit C and Exhibit B that are not a result of normal Wear &
Tear [Revised 02/10/14]
10 Defect Any condition (including dents scrapes cuts or missing items) that may or may
not require the repair replacement or renewat of items but does not prevent the
intended use of the Equipment [Revised 09/01/09]
11 Destroyed Where the reasonabte and customary cost to repair Equipment exceeds its
Actual Cash Value or depreciated replacement value [Revised 07/25/07] [S
12 Equipment Equipment commonly used in the road transport of intermodat freight /
including, trailers, chassis, containers and associated devices, but excluding tractors 3
[Revised 11l18/09] _
13 Equipment Owner The holder of actual or beneficial title to the Equipment regardless of L
the form at the title [Revised 04/11/07]
14 Equipment Interchange Receipt (EIR) A ducument confirming the interchange of '
Equipment between Parties to this Agreement or their agents The physical condition of '
the Equipment may be described by either Party within the EIR or via Recorded Images L
taken at the time of Interchange [Revised 04/11/07] t
l
E
t
15 Facility Operator Party whose Plemises are accessed for the purpose of effecting an
interchange between signatories to this Agreement [Revised 02/24/06]
16 indemnitees Provider Equipment Owner and/or Facility Operator as their interest may
appear
17 inteichange The transfer of physical possession of Equipment under the Agreement
18 interchange Period The period, commencing upon Interchange to Motor Carrier and
concluding upon Interchange to Provider or another Motor Carrier that is authorized for
Interchange by that Provider [06/13/16]
19 Motor Carrier The Party being granted arcess to the Providers facilities and/or having
physical possession of the Equipment for the purpose of road transport or its designated
agent or contractor
20 Notiee A communicaiian, imtuding ifivfiih5§, between Parties ofthis Agreement required
by the terms of the Agreement [Revised 05/22/19] 1
21 Parties The Provider Motor Carrier and/or Facility Operator who are signatories to this ‘
Agreement [Revised 02/24/06]
22 Per Diem Charge to be paid when intermodal Equipment is not returned by the end of
the allowable free time to its origin or to another location as specified by the Provider or ‘
at the discretion of Provider, is lnterchanged to another Motor Carrier A charge meeting ‘
the foregoing description constitutes Pet Diem under this Agleement whether or not it is
referred to as Per Diem a detention charge or otherwise [Revised 08/01/18] I
23 Premises The property operated by Provider or Facility Operator for the purpose of E
interchange [Revised 09/01/09]
9
24 Provider The Party or Parties authorizing delivery and/or receipt of physical possession f
of Equipment with 3 Motor Carrier The Provider of the Chassis and Container may not y
necessarily be the same Party [Revised 06/08/15] 1
25 Recorded image A date and time stamped electronic image which depicts the physical I
condition of the Equipment [Revised 04/11/07] ‘
26 Storage/Ocean Demurrage Charge to be paid when intermudai Equipment is stored on
property [Revised 07/25/07]
27 Wear and Tear A loss or condition resutting from reasonable and normally anticipated i
use of Equipment that includes deterioration Deterioration is defined as a loss or ~
condition resulting from the passage of time exposure to etements and the repetitive
normat and customary use of Equipment [Revised 11/18/09] ;
t‘
C Premises Access :
1 Provider and/ur Fauiiity Operator grants to Motor Carrier the right to enler upon its \
terminal facility for the sole purpose of completing an Interchange of Equipment
2 Nothing in this Agreement shall prectude Provider or Facility Operator from refusing [
access to a Motor Carrier for good cause D.hown Provider or Facility Operator shall r
nerd“ thie right in 900d faith, prodding tn Motor Carrier advanc: Notice 0f pending 5
suspension of interchange privileges via e mail through [ANA Except for a violation of ;
Section G 11 , such advance Notice Shall be furnished to the Motor Carrier no less than E
three (3) business days prior to the suspension becoming effective and shalt include the g
2
i
reason for the action and the Provider’s contact information necessary for the Mater
Carrier to resolve the issue [Revised 01/20/20]
3 Notice of reinstatement of interchange privileges shall be submitted by the Provider to the
Motor Carrier via e mail through IANA [Added 01/20/20]
D Equipmentlnterchange
1 Notification of Equipment Availabitity
a If Provider and/cr Facility Operator undertakes to notify Motor Carrier of Equipment
availability it represents that the Equipment will be available for Interchange when “19
Motor Carrier arrives [Revised 09/01/09]
b Where it is notified as provided herein Motor Carrier must Interchange Equipment
promptly upon notification Motor Carrier wilt be responsible to Provider for the
charges as may be described in Providers Addendum hereto in the event Motor
Carrier fails to remove Equipment during the free time provided in the Addendum
2 Equipment Interchange Receipts
a At the time of interchange the Parties or their agents shall execute an Equipment
Interchange Receipt and/or exchange an electronic receipt equivalent which shall
describe the Equipment and any Damage observable thereon at the time of
Interchange reasonabte Wear and Tear excepted The physical condition of the
Equipment may be described by either Party within the EIR ur via Recorded Images
taken at the time u! Interchange [Revised 05/12/10]
b Use of etectrontc EIRs requires that the Provider or the Facility Operator provide an
electronic system whereby the Motor Carrier may describe electronically the condition
ofthe Equipment at the time of Interchange without substantially burdening Ute Motor
Carriers use of electronic Ele at the same Premises and that this information be
incorporated as part at the electronic EIR [Revised 09/16/17] ;
1
(3 Each Party shat] be entitled to receive a copy andlor an electronic receipt equivalent J
of the Equipment Interchange Receipt as described in D 2 a above without charge
[Revised 11/12/12]
d If Recorded Images are taken at the time of Interchange, Damage will not be reported ;
on ingate or outgate EIR The words Damage is captured on Recorded Images WIN 1
be printed on the Equipment Interchange Receipt All such Recorded Images will be ‘
made available for each Party for a period of 1 year from Interchange without charge
[Revised 11l12/12]
3 Equipment Condition
J
3 Warranty WHILE PARTIES MAKE NO EXPRESS OR IMPLIED WARRANTY AS TO ‘
THE FITNESS OF THE EQUIPMENT THEY RECOGNIZE AND AFFIRM THEIR
RESPONSIBILITIES UNDER THE FEDERAL MOTOR CARRIER SAFETY V
REGULATIONS ( FMCSRs ) AND AGREE THAT THEY SHALL NOT >
INT=DPHMV== FN'EDMENT UNLESS THEY HAVE COMPLtED WU?! THE J
FMCSRs [Revised10l01/18) [
3
t
b Motor Carriers will conduct a pretrip inspection prior to departing with interchanged
Equipment that will include those items set torth in Exhibit A to this Agreement [item
Re numbered 10/01/18]
0 Equipment controlled by Provider shall have a valid FMCSA inspection sticker
Provider will reinspect and recenify the Equipment at Motor Carriers request if the
existing inspection will expire dunng the Addendum free time period of the Motor
Carriers use This provision is only applicable to the Provider of the Chassis
[Revised 06/08/15]
Preview
COURT OF COMMON PLEAS OF DELAWARE COUN I Y PENNSYLVANIA CIVIL ACTION LAW OCEAN NETWORK EXPRESS PTE LTD do OCEAN NETWORK EXPRESS (NORTH AMERICA) INC, Pl M!!! No vs PHILADELPHIA TRUCK LINE, INC CIVIL ACTION Defendant N0 TIL I YOU HAVE BEEN 5U] 1) IN COURT [1 YOU WISH TO DEbbND AGAINSl 111E CLAIMS SET FORl H IN THE FOLLOWING PAGES YOU MUST TAKE ACTION WITHIN TWEN I Y (20) DAYS AFTER THIS COMPLAINl AND NOTICE ARE SFRVED BY ENTERING A WRJ lTEN APPEARANCE PERSONALLY OR BY ATTORNTY AND FILING IN WRITING WITH THE COURT YOUR DEPbNSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU YOU ARE WARNED THAI IF YOU FAIL TO DO SO THE CASE MAY PROCbbD WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURI WITHOUT FURTHER NOTICE FOR ANY MONEY CI ATMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PI AINTIFF YOU MAY LOSE MONEY OR P1201 ER'I'Y OR OTH1< R RIGHTS IMPORTANT TO YOU YOU SHOULD TAKE lHIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER GO TO OR I FLEPHONE THE 01 HCE SET FORTH BFLOW THIS OFFICE CAN PROVIDE, YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD l O HIRE A LAWYER {HIS OFFICE MAY BE ABLE ”1 0 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES lHAT MAY OFFER LEGAL SERVYCES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO Hal: Lawyer Rcfcrcnce Sexvice ant & Lemon Strccts Media PA 19063 (610) 566 6625 AMATO AND KFA’I‘TNG P C By M Justin N Dams Esquire I01111 R Keaung, quuile Dame] A Wechsler, quuire Michael J Albanese, Esquire Attomcys £01 Plaxntiff 107 North Commerce Way Bythlyb'm‘, P A 18017 (610) 866 0400 COURT OF COMMON PLEAS OF DELAWARP ( OUNTY PENNSYLVANIA CIVIL ACTION LAW OCEAN NETWORK EXPRESS PTE LTD Clo OCEAN NFTWORK ERRESS (NORTH AMERICA) INC Plaintiff No vs PHILADELPHIA I RUCK LINE, INC CNN ACTION Defendant C 0 MP LA INT The above l’lamtiff brings this acnon against the above Defendant to recover the sum of $127,197 50, with interwt thereon as heremafier slated, upon the following cause of antian I Plaintiff OCEAN hETWORK EXPRFSQ PTE LTD 0/0 OCEAN NFTWORK EXPRESS (NORTH AMERICA) INC is loaned at 8730 Stony Point Parkway Etc 400 Richmond VA 23235 2 Defendant PHILADFLPIIIA lRUCK LINE INC is located dl 6250 Baltimore Ave Ste 18 Lansdowne PA 19050 COUNT I Breach of Contract 3 At Defendant’s request Plaintiffrenderc-A to Defendant certain shipping services in I the amount and for the prices set forth in invoices refelrcd to in a statement of Defendant's account ( taken from Plaintiff‘s books and records a true and comet copy of which IS attached hereto made ’ a pan hereof and marked Exhxbit "A ” ' 4 Defendant leceived Said sewlces flan] Plamtift E 5 Defendant accepted said services flom Plenum: g 6 Defendant did not leject said services from Plaintiff g F€ 1 7 Defendant did not dispute the provision of the shippmg services by Plaintiff 8 Plaintiff and Defendant are both parties to the Uniform lntermodal Interchange and Facilities Access Agreement (‘Agxeement”), a true and correct copy of which is attached hereto, made a pan hereoi and marked ExhibIt “B” 9 Defendant has not paid Plaintiffin full for the shipping services received, in violation of the Agnement, as well as the agieement between the parties established by the 1nv01ces issued to DeIenaant 10 A total principal amount which became due as a result thereof after allowance for all proper credits for payments and/or adjustments ii any was $101,680 00 ll Plaintiff is also entitled to lcccive interest on the above amount determined by applying the statutmy interest rate of 6% per annum to the past due balance which currently totals $5 181 50 12 Plaintiff is entitled to have the 6% interest Lharge continue to accrue as set forth above, fiom November 16, 2022 on down to the (Lite ofjudgment in this matter 13 Pursuant to the Agieement, Plaintiffis further entitled to recover reasonable attomeys' fees tram Defendant which currently totals $20 336 00 14 Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant failed 01 refused to pay the same 01 any part thereof WHEREFORE Plaintiff demands judgment against Defendant for $127 197 50 togethei with the continually accruing interest charge at the statutory late of 6% per armwn flora November 14, 2022, costs of suit and all other relief to which Plaintiff may be entitled l COUNT 11 l Alternative to Count I Unjust Enrichment ‘ 15 Plaintiff incompordtes the allegations of every paragraph enumerated above of this Complaint as if send paragraphs were fully set farm here at length 16 At Defendant'srequest, Plaintiffconferl ed a benefit upon Defendant by prowling the services described in the exhibits attached hereto 17 Delenuam receivui and magma .13: hmleflt of aqld an m»; pnmdvd by lefliff 18 At all times matcrial hereto7 Defendant was awale that Plaintiff was providing the aforesaid seruces tu Defendant and that Plaintiff expactcd to be pad for such 19 At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintifftu plovlde said services and to mom damages 20 At all times mammal hereto, Defendant was unjustly ennched by retaming the benefit of receivmg said services w1thout paymg Plaintlff fair and reawndhle compensation 21 Allowing Defendant to retain the benefit of hdld scrvlces Wlthout paying fair cumpcnsatlon would be unjust 22 By reason of the atoresmd unjust enrichment of Defendant at lentlfl‘s expense an Implied contract exists between Plaintiff and Defendant and Defendant is obhgaled to pay Plaintiff the quantum menu! value ofth scrvmes desczibed in the exhibits attached hereto m the amount of $101 680 00 WHFREFORE Plaintiff demands judgment against Defendant for $101,680 00 together with the continually accruing interest charge at the statutory late of 6 00% pa) annum from November 16, 2022 costs of suit and all other relief to which Plajntlffmay be entitled l g i E ( OUNT III Open Bonk Account 23 Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paiagraphs were fully set forth has at length 24 Within four (4) years past prior to the nomencement of this action, Defendant became indebted to Plaintiff on an open book account fox a principal balance due in the sum of $101,680 00 25 Demand has been made on Defendant f(n said sum 0f$101 680 00 but Defendant has {hi led and refused and continue: to fail and refuse ta pay said sum and the whole thcrccf1s now due, owing and payable with inteiest at the statutory rate WHERE} ORE Plaintiff demands judgment against Defendant for $101 680 00 together i with the continually accruing interest charge at the statutmy rate of 6 00% per annum from Novembel 16, 2022 costs of suit and all other relief to which Plaintiff may be entitled COUNT IV Account Stated 26 Plaintiff mccrporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs welt: fully set forth here at length 27 Within four (4) years past, prior to the commencement of this action there was an account stated by and between Plaintiff and Defendant on which stated accnunt the prinmpal sum of $101,680 00 was Agreed upon as the principal balance due to said Plainti ffflom Defendant, which sum Defendant p1 omiscd and agreed to pay 28 Demand has been made on Defendant for said sum of $101 680 ()0, but they have faded and refused and continue to fail and refuse to pay said sum, and the whole thereufii now due, owmg and payable together wnh interest at the statutmy rate ‘ WHEREFORE Plaintiff demands‘judgment against Defendant f0] $101 680 00 together with [he continually acc1uing interest charge at the statutoxy late of 6 00% per annum from November 16, 2022 costs of suit and all 011101 1011::ro whinh Plaintiff may be cntltled AMATO AND KhATlNG P C By / 1 ,. mw Juot... N Duns, Esquue John R Keating, hsquirc DanieI A Wechslct, Esquire Michael J Albansss, bsquile Allumey; for P1aintifi 107 North Commerce Way Bethlehem PA 18017 (610) 866 0400 11 i, 1 a 1 E 1 1 p % VERIFICATION Eichurd Suolt Banks: , hereby states 0m he/shc is theMmIngen Accounts lxecetvablqof mad: in 066““ Nclwork EXPWSS (Norm Ameriw) Inc , Plaintiif in this action, and verlfies that the statements belief ‘ me attached Complaint are true and conectto the best ofhis/her knowledge, infomationand penalties of 18 PA Thu undexsignck! understands that the statements hatch) are made subject in the r| a yam mating tr,- unsworn falsification to autholizies a ww§d a )(QCSID Hcknow\€<}z%u} EM me, (7n Barbara Ann Ruharts M a W NOTARY PUBL|C Mg} PW #[/Q (a 5’9 Ccmmmwealth o! Vlrglnla :Z r , 2 Reg 3E1126” {23w W g 34% My Communion xpxm 4/3012 025 ‘ .m"““"""' m, ‘5’». 3;” 5 5‘35}; , 5 ‘} i; I 9 I VI 1‘ 4O »J-4’ '2‘ 5 " a5”C 3‘ I i 9 °F 3 s ’ 'o i ‘ v *6 ’24 m}? jav \ E ’4 n v 9°," ‘ ' Immlh" 1i' i2 i ‘ w V lI ’, é " I E “3204849 UST522535 5/20/2021 $550 00 Philadelphia Truck Lines m: Philadelphia Truck Lines Inc TB204849 UST531531 6/3/2021 $300 00 TB204849 UST523650 6/6/2021 5140 00 Philadelphia Truck Lines Inc TBZO4849 UST537446 6/12/2021 $560 00 PhHadelphia Truck Lines Inc T8204849 UST542566 6/15/2021 $2 240 00 Phl‘adelphia Truck Lines Inc TEZO4849 UST527865 6/16/2021 $280 00 Philadelphia Truck Lines inc ‘ ' ' T5204249 UST55S7R2 6/26/2021 31 260 00 rhiiuchpfi‘ 1' TBZO4849 UST533531 7/9/2021 $420 00 Phiiadelphia Truck Lines Inc “3204849 UST557948 7/14/2021 $420 00 Phlladelphia Truck Lines MC TBZO4849 UST561298 7/22/2021 5450 00 Philadelphla Truck Lines Inc TBZO4849 UST567376 7/28/2021 5450 00 Phi‘adelphia Truck Lines Inc Phi‘adelphia Truck Lines Inc TEZO4849 UST568199 7/31/2021 $700 00 T320484!) UST585893 8/7/2021 $150 00 Philade|phia Truck Lines Inc TBZO4849 UST572701 8/9/2021 $300 00 Phi‘adelphia Truck Lines Inc Phiiadelphia Truck Lines Inc TBZO4849 UST575817 8/9/2021 5600 00 Philadelphla Truck Lines Inc T3204849 UST584414 8/15/2021 5450 00 T5204849 UST584408 8/15/2021 5750 00 PhHadelphla Truck Lines Inc TBZO4849 UST587092 8/15/2021 $450 00 Philadelphia Truck Llnes Inc Phl‘adelphia Truck Lines Inc TB204849 UST582273 8/19/2021 5150 00 Phi‘adelphia Truck Lines Inc T3204849 UST611318 9/17/2021 $750 00 Phi‘adelphla Truck Lines \nc TB204849 U5T517850 9/22/2021 3450 00 Philadelphia Truck Llnes \nc TBZO4849 UST618837 9/22/2021 $150 00 Phi‘adelphia Truck Lines MC T820484!) UST618838 9/22/2021 5150 00 Phi‘adelphla Truck Lines 1m: TB204849 UST638080 9/23/2021 $750 00 Phl‘adelphla Truck Lines Inc “3204849 UST630862 9/29/2021 $600 00 Phiiadelphla Truck Lines Inc TBZO4849 UST631435 10/6/2021 $150 00 Philadelphia Truck Lines Inc “3204849 UST631614 10/7/2021 $900 00 Philadelphia Truck LInes Inc TB204849 UST639261 10/14/2021 $150 00 Philadelphia Truck Lines Inc TEZO4849 UST642865 10/16/2021 5750 00 Philadelphia Truck Lines Inc TBZO4849 UST642866 10/16/2021 5600 00 Philadelphla Truck Lines Inc TBZO4849 USTG4S491 10/25/2021 5450 00 Philadelphia Truck Lines Inc TB204849 UST651782 10/28/2021 $300 00 Philadelphla Truck Lines Inc T820484!) UST651784 11/1/2021 $300 00 Philadelphia Truck Lines Inc T0204849 UST655610 11/2/2021 $750 00 Philadelphla Truck Lines Inc TBZO4849 UST673782 11/7/2021 $3 450 00 “3204849 UST657167 11/7/2021 $1 950 00 Phl‘adehihla Truck Lines MC Philadelphia Truck Lines 111C T0204849 UST716888 11/7/2021. $9 900 00 PhiFadelphia Truck Llnes 1m: “3204849 UST823292 11/7/2021 $27 300 00 Philadelphia Truck Lines Inc 13204849 UST674897 11/21/2021 $150 00 Philadelphla Truck Lines Inc 15204849 UST679600 11/24/2021. $450 00 Philadelphia Truck Lines Inc TB204849 UST679598 11/24/2021 $1 350 00 m. x A IFM T kL [73 15204349 llST673784 11/24/2021 $450 00 Philadelphia Truck Lines Inc “3204849 UST715613 11/24/2021 $4 300 00 TBZO4849 UST678203 11/25/2021 $1.50 00 Philadelphia Truck Lines Inc 4 EXHIBIT %E" A TBZO4849 UST678197 11/15/2021 $1 200 00 Philadelphia Truck Lines Inc Philadelphla Truck Lines Inc “3204849 UST679502 11/28/2021 $1 200 00 Phlladelphla Truck Lines Inc TBZO4849 UST673775 11/28/2021 $150 00 Phifadelphia Truck Lines Inc TBZO4849 UST712689 11/28/2021 $5 400 00 PhHadeIphia Truck Lines Inc H3204849 UST715615 12/10/20 1 $5 400 00 Phi‘adelphia Truck LInes 1n: TB204849 UST717104 12/10/2021 $5 250 00 Philadelphia Truck LInes me “3204849 UST716977 12/10/2021 $4 950 00 Philadelphia Truck Lines \nc T320484!) UST715622 12/17/2021 $4 650 00 Phiiadelphla Truck Lines \nc T520484!) UST715618 12/17/2021 $4 800 00 Philadelphia Truck Lines 1714: T8204849 UST713924 1/10/2022 5600 00 PhHadeIphia Truck LInes me T8204849 UST707244 1/10/2022 5300 00 ‘ 1 Developed By Effective April 23 2021 The lntermodal Interchange Executive Committee UNFORM ‘ INTE RM0 DAL I NTE RC HAN G E AND E FACILITIES ACCESS ‘ AG RE E M E NT (u I I A) f l i Administered By ' The lntermodal Association of North America v 11785 Beltsville Drive Suite 1100 ’ Calverton, Maryland 20705 4049 rm ; Phone Toll Free (877)438 UIIA (438 8442) or (301 )474 8700 g 4 Fax (301)982 3414 or (301)932 5473 Website www uiia om g J8 FORM 2 UNIFORM INTERMODAL INTERCHANGE AND FACILITIES ACCESS AGREEMENT (A Program ofthc lntermodal Associatlon of North America) Participating Party Agreement The Party named below agrees that by executing the Uniform lnlermodal Interchange and Facilities Access Agreement (UllA) it will be bound by the provisions of the UllA and subsequent amendments andlor revisions of that Agreement and any addendum lheretu that does not conflict with the terms of this Agreement l which govern the interchange and use of Equipment in intermodal interchange service The Provider named below agrees that in its interchange activities with Motor Carrier penicipants who are signatories to the Agreement this Agreement will be the only Agreement it will use and that this Agreement applies to all interchanges of Equipment between the Parties unless superseded in whole by a separate bilateral written 1 equipment interchange agreement [Revised 05/22/19] I This Agreement shall be effective unless cancelled in writing by mutual consent of the Parties or by any ; Parly upon [hirly (30) days prior Notice to Ihe other Party A copy of lhe required written Notice must be provided to the President 0f lANA atthe time it is issued [Revised 08/01/14] 1 COMPANY NAME v ‘ AUTHORIZED BY (Print or Type) 1; SIGNATURE TITLE BUSINESS ADDRESS (Mailing Address) No Street City State/Province Zip/Postal Code Phone No Fax E Mail l Indicate Nature of Business Motor Carrier Provider / lf Motor Carrier please check all that apply to your business operations 4 Smarlway Carrier H For Hire u Private Ll Interstate Ll Intrastale Ll Commercial ZonelTerminal Area Operator 1 Standard Carrier Alpha Code (SCAG) MC Number DOT Number Tax ldehlification No or Canadian Business Number a The pravisinns of this agreement shall became effective on the date accepted by the Association of the above named carrier and published in the list of subscribers or supplements thereto l Acceptance Date Ev Assistant Vice President : Intermodal Information Services E Due to com, 1: you an an an resident, please check below i [ 1| haw Mad and accepted the IANA Privacy Pulley hug l/lntermorlal nrg/Erivany Emmy 5 [ 1| “th read and prawns cantem tn the ll‘B n! my personal data hf") l/Intermndal nmllnrmsleuonnr l l FORM 2 UNIFORM INTERMODAL INTERCHANGE AND FACILITIES ACCESS AGREEMENT (A Program of (he Intermodal Association of North America) l Participating Party Agreement The Parly named below agrees that by examining the Uniform lnlermodal Interchange and Facilities MM“ Agreement (UNA) It will be bcund by the pravlsims of the lillA, and subsequent amandmenfs and/or revisions of that @reement and any addendum thereto that does not conflict with the terms of this Agreement which govern the interchange and use of Equipment in inlermodal interchange service The Provider named below agrees that in its interchange activities with Motor Carrier participants who are signatories to lhe Agreement this Agreement will be the only Agreement it will use and that this Agreement applies to all lnlerchanges of Equipment between lhe Parties unless superseded in whole by a separate bilaleral wrilten equipment inlerchange agreement [Revlsed 05/22/19] This Agreemenl shall be effective unless cancelled in writing by mutual consent of the Parties or by any Party upon (hirty (30) days prior Notice 10 lhe ulher Party A copy of the required Notice must be provided to the Presidenl of IANA at (he lime il is issued [Revised 08I01I14] COMPANY NAME AUTHORIZED BY (Prim or Type) SIGNATURE TITLE BUSINESS ADDRESS (Mailing Address) No Street City SlaielProvince Zip/Pustal Code Phone No Fax E Mail Indicate Nature of Business Motor Carrier Provider i If Motor Carrier, please check all that apply to your business operations Fl Smartway Carrier Fl For Hire Li Private El Interstate 3 intrastate El Commercial ZoneITerminal Area Operator ‘ Standard Carrier Alpha Code (SCAG) 3 MC Number DOT Number Tax Identification Number nr Canadian Business Number ; The provislons of this agreement shall become effective on the date accepted by the Association of the . above named carrier and published in the list of subscribers or supplements thereto a n A 1 i5 Acceptance Dale By W ) 1 Assistant Wee President ‘ Intennodal Information Services 7 ”NOTE ms cow or THE PARTlClPATlNG PARTY SlGNATURE PAGE SHOULD BE MAINTAINED BY mun COMPANY E Table of Contents Page Nuvnber Participating Pafly Signature Page Sectlon A Purpose 1 Section B Deflnitlons of Terms 1 2 Senior: C Premise Access 23 Section D Equlpment Interchange 3 4 > D 1 Notification of Equipment Availability 3 > D2 Equipment Interchange Receipts 3 > D3 Equipment Condition 34 Section E Equipment Use 4 8 1 > E1 Equipment Return 45 I > E2 Lost Stolen or Destroyed Equipment 5 f > E3 Damage to Equipment 5 6 > E4 Tires 6—7 > E 5 Disposal of Dunnage 7 > E 6 Free Days Per Diem Container Use Chassis UselRental and/or Storage/Ocean Demurrage Charges 7 3 > E7 Accidents 8 1 Section F Liability Indemnity and Insurance 8 9 , x» F 1 Fines and Citations 8 > F2 Independent Contractors Status 8 '5 > F3 Interchange of Equipment by Motor Carrier 10 Ano1her Parly 8 g > F4 Indemnity 8 1 )> F 5 Notice of Filed C1aims 89 1' )> F 6 Insurance 9 j > F7 Provider Obtaining Evidence of Insurance 9 ; Section G General Terms 9 12 . > G 1 Entire Agreemeni 9 10 > G2 Headings 10 ¢ > G3 Waiver 10 > G4 Materiai Breach 10 3 > G 5 Assignment 10 )> G 6 No Third Party Beneficiaries 10 > G7 Governing Law 10 > G a Venue 10 S» G 9 Severabilily 11 [ > G 10 Sunlival 11 1 5 P 1 1 an?lxunr‘a \Ahl'h Hun I an! 11 > G 12 Force Majeure 11 > G 13 Attorney 5 Fees 11 E > G 14 Notices 11 E > G 15 Multiple Counterpans 11 > f 16 Term 11 1.2 Table of ConteMs (continued) Page Number Section H Default Dispute Resolution & Blndlng Arbltvatlon Processes 12 13 Section I Executlon Clause 13 1 Section J Agreement Effecxive Date 13 1 Appendix I Administrative Procedures 14 18 > Section | Administration and Implementation 14 15 > Section ll Review Procedures for New or Revised Providers Addenda 15 16 > Section III Requests for Interpretation ongreement Provisions 16 > Section IV Requests for Modifications to the Agreement 16 17 > Section V Notice of Proposed Modifications to me Agreement and Commenl Process 17 > Section VI Prerequisites for Participation 17 18 > Section VII Partys Rigm 1o Termlnate Participation 18 > Section VII] Compliance with the Agreement 18 Exhibits to the UIIA > Exhibit A Mctor Carrier Pre trip inspecfion 19 F» Exhibi‘ B Equipment Owner Responsibility Items Rstating to Repairs Resulting from Normal Wear and Tear 20 > Exhibit 0 Motor Carrier Responsibility Items Re1ating (0 Repairs A During Interchange Period 21 z > Supplement to Exhibit C Tire Marking and Phuko Requirements/Criteria 22 Z > Exhibit D Binding Arbitration Process Guidelines 23 24 f Pravider Addendum Template 25 § 2 iE E 1y E i r UNIFORM INTERMODAL INTERCHANGE AND FACILITIES ACCESS AGREEMENT A Purpose The Parties to this Agreement hereby acknowledge their respective responsibilities in one Partys access to the Premises of the other for the purpose of interchanging tntermoda/ transportation Equipment and further establish the terms and conditions under which such intermodal Equipment will be used B Definition otTerms 1 Actual Cash Value Replacement cost less depreciation as referred to on Equipment Owners or Providers Books ‘ t 2 Addendum/Addenda Providers schedule of economic and commercial terms not ‘ appmpnate for :hctustcn tn the unttcrm Agreement and other teams and Mrditv‘ns "t ‘ Equipment use [Revised 04/11/07] ‘ 3 Agreement This Agreement or amendments thereto and Addendum/Addenda 4 Chassis A steel frame equipped with wheels landing gear and kingpin assembly with I looking devices for securing and transporting a container as a wheeled vehicle E [Revised 06/08/15] I 5 Chassis Use/Rentat Charge Daily charge to be paid for use of chassis as agreed to by E the Parties [Revised 01/17/12] 5 6 Container An intermodal cargo carrying device capable of road transport when mounted I on a chassis or other suitable device [Revlsed 11(18/09] I 7 Container Use Charge Dally charge to be paid for use of Containers as agreed to by f the Parties [Revised 06/10/12] ‘ t 8 Contamination Damage resulting from release of a hazardous material or other /1 substance in Equipment which prevents subsequent use at the Equipment without g removal of the material or substance [Revtsed 10/22/04] 3, 9 Damage Any condition that prevents the intended use of the Equipment including those 1 conditions described in Exhibit C and Exhibit B that are not a result of normal Wear & Tear [Revised 02/10/14] 10 Defect Any condition (including dents scrapes cuts or missing items) that may or may not require the repair replacement or renewat of items but does not prevent the intended use of the Equipment [Revised 09/01/09] 11 Destroyed Where the reasonabte and customary cost to repair Equipment exceeds its Actual Cash Value or depreciated replacement value [Revised 07/25/07] [S 12 Equipment Equipment commonly used in the road transport of intermodat freight / including, trailers, chassis, containers and associated devices, but excluding tractors 3 [Revised 11l18/09] _ 13 Equipment Owner The holder of actual or beneficial title to the Equipment regardless of L the form at the title [Revised 04/11/07] 14 Equipment Interchange Receipt (EIR) A ducument confirming the interchange of ' Equipment between Parties to this Agreement or their agents The physical condition of ' the Equipment may be described by either Party within the EIR or via Recorded Images L taken at the time of Interchange [Revised 04/11/07] t l E t 15 Facility Operator Party whose Plemises are accessed for the purpose of effecting an interchange between signatories to this Agreement [Revised 02/24/06] 16 indemnitees Provider Equipment Owner and/or Facility Operator as their interest may appear 17 inteichange The transfer of physical possession of Equipment under the Agreement 18 interchange Period The period, commencing upon Interchange to Motor Carrier and concluding upon Interchange to Provider or another Motor Carrier that is authorized for Interchange by that Provider [06/13/16] 19 Motor Carrier The Party being granted arcess to the Providers facilities and/or having physical possession of the Equipment for the purpose of road transport or its designated agent or contractor 20 Notiee A communicaiian, imtuding ifivfiih5§, between Parties ofthis Agreement required by the terms of the Agreement [Revised 05/22/19] 1 21 Parties The Provider Motor Carrier and/or Facility Operator who are signatories to this ‘ Agreement [Revised 02/24/06] 22 Per Diem Charge to be paid when intermodal Equipment is not returned by the end of the allowable free time to its origin or to another location as specified by the Provider or ‘ at the discretion of Provider, is lnterchanged to another Motor Carrier A charge meeting ‘ the foregoing description constitutes Pet Diem under this Agleement whether or not it is referred to as Per Diem a detention charge or otherwise [Revised 08/01/18] I 23 Premises The property operated by Provider or Facility Operator for the purpose of E interchange [Revised 09/01/09] 9 24 Provider The Party or Parties authorizing delivery and/or receipt of physical possession f of Equipment with 3 Motor Carrier The Provider of the Chassis and Container may not y necessarily be the same Party [Revised 06/08/15] 1 25 Recorded image A date and time stamped electronic image which depicts the physical I condition of the Equipment [Revised 04/11/07] ‘ 26 Storage/Ocean Demurrage Charge to be paid when intermudai Equipment is stored on property [Revised 07/25/07] 27 Wear and Tear A loss or condition resutting from reasonable and normally anticipated i use of Equipment that includes deterioration Deterioration is defined as a loss or ~ condition resulting from the passage of time exposure to etements and the repetitive normat and customary use of Equipment [Revised 11/18/09] ; t‘ C Premises Access : 1 Provider and/ur Fauiiity Operator grants to Motor Carrier the right to enler upon its \ terminal facility for the sole purpose of completing an Interchange of Equipment 2 Nothing in this Agreement shall prectude Provider or Facility Operator from refusing [ access to a Motor Carrier for good cause D.hown Provider or Facility Operator shall r nerd“ thie right in 900d faith, prodding tn Motor Carrier advanc: Notice 0f pending 5 suspension of interchange privileges via e mail through [ANA Except for a violation of ; Section G 11 , such advance Notice Shall be furnished to the Motor Carrier no less than E three (3) business days prior to the suspension becoming effective and shalt include the g 2 i reason for the action and the Provider’s contact information necessary for the Mater Carrier to resolve the issue [Revised 01/20/20] 3 Notice of reinstatement of interchange privileges shall be submitted by the Provider to the Motor Carrier via e mail through IANA [Added 01/20/20] D Equipmentlnterchange 1 Notification of Equipment Availabitity a If Provider and/cr Facility Operator undertakes to notify Motor Carrier of Equipment availability it represents that the Equipment will be available for Interchange when “19 Motor Carrier arrives [Revised 09/01/09] b Where it is notified as provided herein Motor Carrier must Interchange Equipment promptly upon notification Motor Carrier wilt be responsible to Provider for the charges as may be described in Providers Addendum hereto in the event Motor Carrier fails to remove Equipment during the free time provided in the Addendum 2 Equipment Interchange Receipts a At the time of interchange the Parties or their agents shall execute an Equipment Interchange Receipt and/or exchange an electronic receipt equivalent which shall describe the Equipment and any Damage observable thereon at the time of Interchange reasonabte Wear and Tear excepted The physical condition of the Equipment may be described by either Party within the EIR ur via Recorded Images taken at the time u! Interchange [Revised 05/12/10] b Use of etectrontc EIRs requires that the Provider or the Facility Operator provide an electronic system whereby the Motor Carrier may describe electronically the condition ofthe Equipment at the time of Interchange without substantially burdening Ute Motor Carriers use of electronic Ele at the same Premises and that this information be incorporated as part at the electronic EIR [Revised 09/16/17] ; 1 (3 Each Party shat] be entitled to receive a copy andlor an electronic receipt equivalent J of the Equipment Interchange Receipt as described in D 2 a above without charge [Revised 11/12/12] d If Recorded Images are taken at the time of Interchange, Damage will not be reported ; on ingate or outgate EIR The words Damage is captured on Recorded Images WIN 1 be printed on the Equipment Interchange Receipt All such Recorded Images will be ‘ made available for each Party for a period of 1 year from Interchange without charge [Revised 11l12/12] 3 Equipment Condition J 3 Warranty WHILE PARTIES MAKE NO EXPRESS OR IMPLIED WARRANTY AS TO ‘ THE FITNESS OF THE EQUIPMENT THEY RECOGNIZE AND AFFIRM THEIR RESPONSIBILITIES UNDER THE FEDERAL MOTOR CARRIER SAFETY V REGULATIONS ( FMCSRs ) AND AGREE THAT THEY SHALL NOT > INT=DPHMV== FN'EDMENT UNLESS THEY HAVE COMPLtED WU?! THE J FMCSRs [Revised10l01/18) [ 3 t b Motor Carriers will conduct a pretrip inspection prior to departing with interchanged Equipment that will include those items set torth in Exhibit A to this Agreement [item Re numbered 10/01/18] 0 Equipment controlled by Provider shall have a valid FMCSA inspection sticker Provider will reinspect and recenify the Equipment at Motor Carriers request if the existing inspection will expire dunng the Addendum free time period of the Motor Carriers use This provision is only applicable to the Provider of the Chassis [Revised 06/08/15]