Master Agreement For Transportation By Motor Carrier Page 4
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16(h)
Carrier Control.
Notwithstanding the requirements and special and distinct needs of
ArcelorMittal set forth in this Agreement, Carrier shall have sole and exclusive control over the
manner in which Carrier and its agents perform the transportation service provided for hereunder
including, but not limited to, routes and speed of travel, loading, securing, unloading, positioning
and weight of lading. Carrier shall utilize such individuals as it may deem necessary in connection
therewith, it being understood and agreed that such individuals shall be subject to discharge,
discipline and control solely and exclusively by Carrier.
(i)
Billing Requirements. Carrier shall provide billing in the manner and format directed by
ArcelorMittal.
(j)
Safety Standard.
Safety at work, in particular safety of any ArcelorMittal Company
personnel and those of its suppliers, contractors, and visitors, is a mandatory priority for Carrier,
and as a fundamental value, no priority may override safety. When present on any ArcelorMittal
Company’s premises, Carrier shall strictly comply with the Truckload Carrier Safety Standard
(“Safety Standard”) and any other applicable safety codes or procedures located at
,
as it may be
modified from time to time. Disregard for, or multiple or continued violations of, the Safety
Standard or any other applicable safety codes or procedures shall be deemed to be a material
breach of this Agreement.
Carrier shall furnish its personnel with all required protective
equipment and enforce the use of such equipment. ArcelorMittal Companies shall have the right
to bar access to their premises any person who does not use required protective equipment or
otherwise comply in all respects with the Safety Standard or other applicable safety rules. Upon
any ArcelorMittal Company’s request, Carrier shall attend safety meetings held by such
ArcelorMittal Company relating to the Services.
(k)
Environment.
Within the framework of sustainable development, Carrier is strongly
committed in terms of safety, health, social dialogue and environment. Moreover the principles
stated in the United Nations Global Compact Treaty being of paramount importance for
ArcelorMittal, Carrier is invited to take all necessary steps in order to support the United Nations
Global Compact Treaty ( ). Carrier shall (i) duly and immediately
inform ArcelorMittal of any accident, personal injury, accidental contamination, hazardous product
and/or pollution noted or discovered by the Carrier during performance of the Services, and (ii)
take all appropriate measures and actions to mitigate the consequences which arise or which may
arise therefrom and for which Carrier is or may otherwise be liable under this Agreement.
(l) Hazardous Materials. If ArcelorMittal requests that Carrier transport or provide Services that
include Hazardous Materials, as defined in the Hazardous Materials Transportation Act, 49 U.S.C.
§5101 et seq., as amended, and the regulations of the U.S. Department of Transportation made
thereunder, ArcelorMittal shall identify any loads that contain Hazardous Materials at least 48
hours in advance of tendering to Carrier. Not less than 24 hours prior to the scheduled pick-up
time, Carrier shall either: (i) decline such load, or (ii) accept such load. If Carrier accepts such
load, Carrier represents and warrants that (a) it is fully qualified and authorized to transport
Hazardous Materials in the United States; (b) it is familiar with and will comply with all U.S. laws
and regulations applicable to transportation of Hazardous Materials; and (3) Carrier’s employees,
including drivers, have been trained and instructed in the proper method of transporting
May 2015
Page 4 of 16
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