Master Agreement For Transportation By Motor Carrier Page 3
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16provide, supervise and control all necessary drivers and dispatchers, and assure that they have the
training, experience and expertise to meet the special and distinct needs of ArcelorMittal
Companies.
(e)
Brokering, Interlining, Subcontracting. Carrier may only broker, interline, subcontract or
otherwise employ substituted service arrangement, whether by other motor carriers or other
modes of transportation (such arrangements hereinafter referred to collectively as “substituted
service”) shipments subject to this Agreement by notifying the ArcelorMittal Company and then
only subject to the conditions of this Agreement. Carrier will be responsible for all acts and
omissions of the substitute service provider as though such acts or omissions were those of Carrier.
Nothing in this Paragraph shall be deemed to create a contractual relationship between
ArcelorMittal or any ArcelorMittal Company and the substitute service provider or create any third
party beneficiary rights for the substitute service provider.
(f)
Documentation and Information Requirements
(i)
FMCSA Safety Rating. Prior to commencement of services hereunder, Carrier shall
deliver to ArcelorMittal, in writing, copies of its Federal Motor Carrier Safety
Administration (“FMCSA”) safety rating and shall notify ArcelorMittal immediately of any
change in that rating.
Receipt of an unsatisfactory rating by Carrier shall entitle
ArcelorMittal to terminate this Agreement forthwith at any time thereafter without
liability or obligation to Carrier.
(ii)
Receipts and Bills of Lading. An ArcelorMittal Company, or a third party at the
request of an ArcelorMittal Company, shall issue a receipt or bill of lading for each
shipment. Such receipt shall be evidence of receipt of such Goods by Carrier in apparent
good order and condition, or as may be otherwise noted on the face of such receipt.
Carrier’s duties and responsibilities under this Agreement for the shipment evidenced by
such receipt shall commence when Carrier takes possession and control of the
ArcelorMittal Company’s property or upon execution of such receipt by Carrier, whichever
occurs first. With respect to Goods loaded on Carrier’s trailers, possession control shall be
deemed to have been taken when the Goods are first placed on Carrier’s trailer. Upon
delivery of each shipment, Carrier shall obtain a signed receipt from the recipient of the
shipment, in a form required by ArcelorMittal, or a third party at the request of
ArcelorMittal, showing the Goods delivered, the condition of such Goods, and the date and
time of delivery.
(iii)
Other Documentation. Carrier shall prepare and issue all such documentation as
may be required in this Agreement or any attachments hereto, or by applicable law. At
the request of ArcelorMittal, Carrier agrees to provide to ArcelorMittal copies of such
records, and any other books and records related to the Services and Carrier’s compliance
with the terms and conditions of this Agreement. Carrier shall retain such records for
three (3) years after delivery of the involved shipments or for such greater period of time
as may be required by applicable law.
(g)
General Performance Requirements. Carrier shall comply with any other performance
requirements listed in the Appendix A.
May 2015
Page 3 of 16
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