Rules Tariff

Effective Date. June 1, 2007. This Rate Tariff replaces all prior Rules Tariffs, and those issued previously are null and void. This Rules Tariff may be changed from time to time, and RoadLink Companies will endeavor to provide 30 days advance notice of such changes.

Application of Charges: The term "Customer" refers to the person or entity contracting to engage a RoadLink Company's services with respect to a shipment, as well as any other person or entity having an interest in the cargo, including but not limited to a shipper, consignee, consignor, beneficial owner, ocean carrier, broker, third-party logistics provider (3PL), or intermodal marketing company (IMC). Charges for accessorial and other miscellaneous services included in the RoadLink Rules Tariff and Accessorial Summary are in addition to rates in the Intermodal Rate Tariff System. Such charges are generally the responsibility of the Customer paying the intermodal trucking charges, except in certain circumstances. To be valid and enforceable, an authorized RoadLink Company representative must confirm, in writing, any mutually agreed upon exceptions to the terms, conditions, accessorial or other charges described in the RoadLink Rules Tariff and/or Accessorial Summary. Written contracts, special rate quotes ("SRQs"), and other authorized written agreements will prevail over the RoadLink Rules Tariff and/or Accessorial Summary if any conflicts exist.

Payment Terms: RoadLink Companies may elect at their sole discretion to extend credit to Customer. All invoices are due and payable within fourteen (14) days of the invoice date. A finance and collection charge of 5.0% will be added to any invoice not paid within fourteen (14) days after the invoice date. An additional fee equal to one-third of total amount due will be added to any invoices that must be turned over to a collection agency, attorney, or other outside party for recovery. Customer may not "short pay" freight charges or deduct charges from their freight bills, unless authorized to do so in writing prior to the deduction. Customer waives its right to any contested cargo claim that is improperly setoff against freight charges.

Intermediaries: Freight forwarders, intermodal marketing companies, property brokers, third-party logistics companies, and other intermediaries are considered to be agents of the beneficial owner of cargo transported. RoadLink Companies will bill such intermediaries as a convenience to the shipper, and retain recourse to the shipper and/or consignee for nonpayment of fees. Any intermediary that bills or collects on behalf of another third party freight charges that are due to a RoadLink Company shall receive such payment in constructive trust, to the extent such charges are due and owing to a RoadLink Company.

Pre-Notification: All valid prenotes must state the linehaul rate and fuel surcharge. Prenotes must also include any accessorial services requested, as well as any pre-approved charges that may differ from this Rules Tariff. RoadLink Companies reserve the right to decline any shipment for any reason.

Bill of Lading: Customers should use the Standard Truckload Bill of Lading ("STBOL") whenever possible. Drivers will accept others bills of lading as receipt of goods only. The terms and conditions expressed on nonconforming bills of lading will not apply when they conflict with the terms and conditions of this Rules Tariff.

Substituted Service: For their operating convenience, RoadLink Companies reserve the right to hire other qualified carriers as subcontractors to provide all or part of a given movement. RoadLink Companies agree to protect the rates set forth when substituted services are provided, and warrants that all terms, conditions, duties and obligations owed to the shipper by the Rules Tariff, bill of lading, and/or contract will be provided.

Overweight Liability: RoadLink Companies will not knowingly violate weight restrictions under federal, state or municipal laws. Customer must provide advance notification of overweight shipments. RoadLink Companies will take whatever actions are necessary to bring equipment into compliance, and must pay any fines or expenses resulting from overweight violations. In states that issue permits for overweight shipments, Customer must reimburse RoadLink Companies for the actual cost of the permit.

Cargo Liability: RoadLink Company's cargo liability will not commence until its actual receipt of the loaded equipment. RoadLink Companies' liability for cargo loss, damage or delay will not exceed $100,000 per Occurrence. Shipments will not be accepted unless released to a maximum value of $100,000 as described above. Customer may request an increase in RoadLink Companies' cargo liability by submitting a written request for a higher Released Valuation and paying an additional charge equal to 0.05% of the difference between the desired Released Valuation and $100,000. If a RoadLink Company inadvertently accepts a shipment without Customer's execution of the required Released Valuation declaration, RoadLink Companies' liability will be limited to $100,000. RoadLink Companies shall not be liable for any special, incidental, indirect, or consequential damages (including, without limitation, lost profits, loss of market or business opportunity, sentimental value, items of extraordinary value or the like) or punitive or exemplary damages claimed by the shipper as a result of loss, damage, or delay to any shipment.

Cargo Claim Filing Requirements: RoadLink Companies' liability for any claims for loss, damage or delay to any shipment moving on a motor carrier bill of lading between points in the United States shall be governed and determined exclusively by the provisions of 49 U.S.C. §14706 and the claim filing regulations of the Federal Motor Carrier Safety Administration at 49 C.F.R. Part 370, which regulations are incorporated herein by reference. Liability on such shipments will commence from the time of a RoadLink Company’s receipt of a shipment until delivery has been made or, if refused, when the shipment is placed on-hand or in storage. RoadLink Companies’ liability shall immediately convert to that of a warehouseman if the consignee of a shipment fails to take delivery of a shipment upon tender of delivery. Under no circumstances may a shipper offset any amount claimed for loss, damage or delay against any freight or transportation charges due to a RoadLink Company. Shipper must file any claim for loss, damage or delay in writing within nine (9) months from the date of delivery of a shipment or, in the case of non-delivery, then within nine (9) months from the time the shipment should have been delivered. The provisions of 49 C.F.R. § 370, shall govern the parties' respective rights, duties and obligations as to the filing and processing of freight loss, damage and delay claims. Cargo claims must include all relevant supporting documents, including but not limited to the claim letter, documentation of damages, original bill of lading, shipper’s invoice, shipper’s packing list, delivery receipt with driver count and seal numbers, paid customs entry form, reconditioning invoice, salvage documentation and consignee’s invoice. Shipper shall have two (2) years and one day from the date a claim is denied in which to file suit against a RoadLink Company to recover damages for freight loss, damage or delay. Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, RoadLink Companies shall not be liable, and such claims will not be paid.

Mexico Cargo: RoadLink Companies do not accept legal liability for cargo loss or damage to shipments while traveling throughout Mexico, nor do RoadLink Companies' cargo insurance policies cover such exposure. Trip insurance is available upon request, at Customer's expense.

Storage Liability: Certain shipments may be temporarily stored on RoadLink Company premises, either for the convenience of Customer or for that of the RoadLink Company. After twenty-four (24) hours, RoadLink Companies' legal liability for such shipments will be that of a warehouseman, and will comply with the standard of care applicable to warehouseman in the state where such service is provided. Saturdays, Sundays, and Holidays do not extend this twenty-four (24) hour period. RoadLink Companies' legal liability is also that of a warehouseman in the event Customer refuses delivery of tendered cargo, instructs RoadLink Company to stop movement of cargo and hold it for later delivery, or otherwise prevents proper disposition of the cargo. RoadLink Companies' liability generally will not exceed $100,000 per occurrence, although Customer may request an increase in legal liability by submitting a written request for a higher Released Value and paying an additional charge.

Transportation Delays: RoadLink Companies will provide transportation with reasonable dispatch, and will use commercially reasonable efforts to meet all reasonable pickup and delivery appointments. However, RoadLink Companies do not guarantee adherence to any particular transit or appointment schedule, and are not liable for delay, interruption, or other failure to transport any shipment by any particular appointment time. RoadLink Companies are not liable for alternative transportation costs, or other direct expenses or consequential, special, indirect, or exemplary damages arising out of any delay to shipments, unless Customer has provided a prior written description of the nature and type of such potential delay-related damages, and a RoadLink Company has agreed in writing to accept responsibility for such damages. Customer notations on a Bill of Lading signed by a driver do not constitute adequate notification and/or acceptance of such special damages.

Hazardous Materials: Customer must comply with applicable federal regulations, including 49 CFR Parts 100 to 185, when tendering hazardous materials. Among other requirements, Customer must provide a legible bill of lading with proper Hazmat information, including the shipper's certificate containing all required information such as emergency response number and information, and affix any required placards before or at the time that the shipment is tendered. Failure to comply with these requirements will relieve RoadLink Companies of any and all liability for loss or damage directly or indirectly caused to or by the hazardous materials. Any misdeclared hazardous materials may be warehoused at Customer's risk and expense, or destroyed without compensation.

Arbitration: Any and all disputes not resolved between a RoadLink Company and Customer will be resolved at binding arbitration, before a recognized arbitration board to be jointly selected by Customer and the RoadLink Company. The arbitration shall be held within thirty (30) days of notification from Customer to the RoadLink Company of the need for arbitration. The arbitration will be conducted in a location mutually agreed to by the RoadLink Company and Customer. Each party will bear its own costs of the arbitration and costs of arbitration board will be equally split.

Fuel Index: The formula and rate table for RoadLink Companies' policy is shown in the RoadLink Accessorial Summary.

Driver Free Time: Driver Detention charges will accrue after Driver Free Time expires. Driver Free Time begins when the container or trailer is available for loading or unloading, and ends when it is released for transport after loading or unloading. If appointments are made on a first come, first serve basis, Driver Free Time begins when the container arrives at the Customers facility or the facility opens for business, whichever is later. Thirty (30) minutes of Driver Free Time is allowed for each pickup and drop-off at a rail ramp and ocean pier. Generally, one (1) additional hour Driver Free Time is allowed at each shipper/consignee stop, up to a maximum of two (2) cumulative hours Driver Free Time on a multi-stop order.

For any shipment outside of CA, OR, or WA with a drayage linehaul rate over $175, a Customer may submit a written request for two (2) hours of cumulative Driver Free Time. All shipments to or from an ocean pier or rail ramp in Northern California will automatically receive one (1) hour Driver Free Time. All shipments to or from an ocean pier or rail ramp destined or originating in Los Angeles County will receive one (1) hour Driver Free Time. All other shipments to or from an ocean pier or rail ramp in Southern California, Oregon, or Washington will automatically receive two (2) hours Driver Free Time if the linehaul rate is greater than $175 and one (1) hour Driver Free Time if the linehaul rate is less than $175. Any Customer outside of CA, OR or WA receiving two (2) hours of free time will pay a HIGHER hourly Driver Detention charge, after Driver Free Time expires on such shipments.

EQUIPMENT DETENTION

Definitions:

• Detention Charges - All storage, per diem, and/or demurrage charges related to usage of private, rail-controlled, or steamship-controlled intermodal containers, trailers and/or chassis.
• Day of Availability ("DoA") - The earliest date an empty or loaded intermodal unit is fully available at a rail ramp, ocean pier or shipper/consignee to be picked up, delivered or returned. Equipment must have all releases satisfied, must be mounted and prepared on a road-worthy chassis if at a mounted facility, and must have a road-worthy chassis available if at a grounded facility.
• Customer Notification - The date Customer submits a written request to a RoadLink Company for movement of a loaded or empty intermodal unit from a rail ramp, ocean pier or shipper/consignee.
• Dray Rate - Linehaul trucking charge, excluding accessorial charges or fuel surcharges.
• Business Day - Any weekday, excluding weekends and holidays.

Liability for Charges: RoadLink Companies will not accept liability for Detention Charges if such charges are not due solely to their own negligence, including per diem charges that begin accruing after the date an intermodal unit is dropped at a shipper/consignee. Customer's liability for Detention Charges does not end until the last Business Day defined by the following chart.

"DoA +2" means Customer is liable for Detention Charges until the second Business Day following the Day of Availability. Liability shifts to the RoadLink Company on the third Business Day, and then shifts back to Customer again if the intermodal unit is dropped at the shipper/consignee. For example, suppose Customer notifies a RoadLink Company on Thursday at 2pm that an international unit is available immediately for pickup at the shipper/consignee. The chart shows that Customer is liable for Detention Charges until "DoA +2", which is next Monday. The RoadLink Company is not liable for per diem charges if this intermodal unit is terminated on or before Monday, but will accept liability beginning Tuesday and ending on the day the intermodal unit is finally terminated.

Multiple Containers: RoadLink Companies require additional relief from liability for Detention Charges when Customer tenders multiple shipments on the same Day of Availability at the same rail ramp, ocean pier, or shipper/consignee. Due to the frequent congestion and limited hours of operation at various ocean piers, such relief is necessary only for international containers. Customer's liability for Detention Charges for each intermodal unit does not end until the last Business Day defined by the chart shown below.

Drop Yards: In order to reduce or eliminate storage charges at a rail ramp or ocean pier, RoadLink Companies may shuttle a loaded intermodal unit to an offsite drop yard. Additional Charges are usually billed for such moves. If such a shuttle is done for Customer's convenience or benefit, the RoadLink Company will accept no liability for per diem charges that may accrue while the intermodal unit is at the drop yard.

Return Moves: A Bobtail charge may be billed to terminate empty or loaded equipment that is accruing per diem charges, if no return move is immediately available when the tractor drops the equipment. Customer may avoid such Bobtail charges by notifying the RoadLink Company, in writing, of Customer's agreement to pay for all per diem or charge incurred as a result of forgoing the Bobtail move. Such charges do not apply to "stay-with" moves.

Appointments: RoadLink Companies will not accept liability for any Detention Charges resulting from rescheduled appointments, unless the appointment was rescheduled due to any failure of any RoadLink Company. In the event of such a failure, RoadLink Companies will accept liability for no more than forty-eight (48) hours of Detention Charges resulting from a rescheduled appointment.

Detention Billed to RoadLink Companies: RoadLink Companies will pass through to Customer the equipment owner's actual or anticipated Detention Charges, less any portion for which RoadLink Companies are solely liable. An additional 2% administrative charge ($5 minimum) will be added to the charge per load. Customer will be invoiced immediately upon return of the equipment to its rightful owner.

Detention Billed Directly to Third-Parties: Detention Charges are often billed directly to the Customer or third party instead of a RoadLink Company. This includes, but is not limited to, store-door Detention Charges for international moves, and EMPU, EMHU, NACS, CSX, and Pacer Stacktrain containers for domestic moves. Customer may then invoice a RoadLink Company for the portion of the Detention Charges for which it is liable. Customer may not invoice a RoadLink Company for Detention Charges for any amount that is higher than Customer's obligation to the equipment owner. Customer may not "short pay" freight charges or deduct charges from freight bills, unless authorized to do so, in writing, prior to the deduction. No RoadLink Company will accept invoices without proper backup documentation, or invoices that are received more than 30 days after equipment termination. All RoadLink Companies reserve the right to dispute the charges within 30 days of receipt of the proper documentation and invoice. If Customer response to any such dispute is not received within 30 days, it will be presumed that the dispute has been accepted and the invoice voided.

Calculation of Detention Charges: Equipment owners typically charge escalating daily rates for Equipment Detention. For example, domestic per diem rates may be as low as $15 on the first day after free time elapses, but then gradually increase to $100 per day or more a week later. When Detention Charges are billed directly to Customer and then invoiced back to a RoadLink Company for the portion of the Detention Charges for which it is liable, the RoadLink Company will only pay the "Average Daily Rate" (not the escalated rate). For example, suppose an equipment owner submits to Customer a $145 Detention bill, which includes $15/day for the first 3 days after free time expires, and another $50/day for 2 subsequent days. The "Average Daily Rate" equals $29/day, calculated over 5 days of usage after free time expired. If the RoadLink Company is liable for only two days of Detention, it will compensate Customer for $58 of the total Detention bill.