Master Agreement For Transportation By Motor Carrier Page 2
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162.
Carrier’s General Obligations.
(a)
Delivery. From time to time, an ArcelorMittal Company, or a third party at the request of
an ArcelorMittal Company, will request Carrier to perform Services (a “Request”). Requests may
be made via telephone, e-mail, facsimile or internet posting.
Carrier shall promptly and
efficiently receive, transport and deliver safely and with reasonable dispatch and without delay,
the Goods entrusted to it hereunder, whether received from an ArcelorMittal Company or from
third parties at the request of an ArcelorMittal Company, pursuant to the terms and conditions in
this Agreement as a motor contract carrier, and not a common carrier. If an annual capacity
commitment is specified in a Rate Confirmation, Carrier agrees to accept shipments and to
transport and deliver Goods between all points and places listed in any Rate Confirmation, up to
Carrier’s capacity commitment. If Carrier fails or refuses to accept shipments tendered to Carrier
for transportation hereunder, subject to force majeure or shipments exceeding Carrier’s capacity
commitment, ArcelorMittal shall have the right to immediately terminate this Agreement and seek
damages for breach of contract. If an annual capacity commitment is not specified in a Rate
Confirmation, Carrier agrees to accept such shipments based on Carrier’s convenience and to
transport and deliver Goods between all points and places listed in any Rate Confirmation. Carrier
agrees to expedite shipments when so requested by an ArcelorMittal Company and deliver them in
like good order and condition to the recipient of the shipment. With respect to any shipment, the
Request and any bill of lading/receipt issued (See Section 2(f)(ii) below) shall be part of the
contract for such shipment. To the extent that any terms or conditions of such Request or receipt
or bill of lading conflict in any way with any terms or conditions of this Agreement, the terms and
conditions in this Agreement shall control.
(b)
Equipment and Supplies. Carrier shall furnish, at its sole cost and expense, all necessary
equipment for the safe, timely and effective transportation of the Goods and shall maintain all
such supplies and equipment in good repair and condition at its sole cost. ArcelorMittal reserves
the right to inspect Carrier's supplies and equipment and, if such supplies or equipment are, or
reasonably appear to be, in an unsafe or improper condition or are not clean and free of
contamination and debris, to refuse to tender any shipment under this Agreement until
repair/replacement is complete. Carrier shall bear all expenses, including, but not limited to, the
expense of road service and repair, fuel, oil, tires and other parts, in connection with the use and
operation of Carrier’s supplies and equipment.
(c)
Licenses, Laws and Regulations. Carrier, at its sole cost and expense, shall at all times
procure and maintain all authority, licenses and permits required for the transportation and
related services provided by Carrier hereunder and Carrier shall comply with all applicable laws.
“Applicable laws” means all local, state and federal ordinances, codes, rules, regulations,
specifications and laws, including without limitation environmental, safety and health laws,
regulations and standards, safety and building codes, and emergency planning and community
right-to-know laws that are applicable to Carrier's performance of all services to be provided to
any ArcelorMittal Company under this Agreement. Any clause required under any Applicable Law
to be included in this Agreement shall be deemed to be incorporated by reference into this
Agreement.
(d)
Carrier Personnel. Carrier shall, at its sole cost and expense, utilize for its services
hereunder only competent, able and legally licensed and authorized personnel. Carrier shall also
May 2015
Page 2 of 16
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