SCOPE OF OPERATIONS

(a) General Commodities (except classes A and B Explosives and Household Goods) between points in the United States.

(b) General Commodities (except classes A and B Explosives and Household Goods) between points in the intrastate of Michigan.

(c) General Commodities (except classes A and B Explosives and Household Goods) between points in the intrastate of Ontario.

MC-430241     USDOT-1024271

DEFINITION OF SHIPMENT

Unless otherwise provided, a shipment is a lot of freight tendered to the carrier for pickup at one place and time for delivery to consignee(s) at one destination on one bill of lading.

GOVERNING PUBLICATIONS

Except as otherwise provided herein, this publication is governed by the following publication(s), including supplements or reissues:

PC*Miler 24, issued by ALK Associates, Inc.

CANCELING ORIGINAL AND REVISED PAGES (EXCEPT TITLE PAGE)

Unless otherwise provided, amendment of a page will be made by reprinting the page and showing a revision number. Revision numbers will be used in consecutive numerical order beginning with “A 1st Revised Page.” A revised page cancels any uncanceled revised or original page which bears the same page number.

CONSEQUENTIAL DAMAGES

Eagle Express, Inc. shall not be liable in any event for any special, incidental, concealed, internal, or consequential damages, including but not limited to loss of profits or income, whether or not Eagle Express, Inc. had knowledge that such damages might be incurred.

MINIMUM CHARGES

All shipments transported under the provisions of this publication are subject to a minimum charge as provided in each individual rate addendum.

LOADED MILES

A loaded mile shall be construed to be all miles traveled from point of origin where the carrier’s vehicle is loaded to point of final destination where the carrier’s vehicle is unloaded. Mileage will be determined using PC*Miler, as defined in Item 30 of this tariff.

HOLIDAYS, DEFINITION OF

When the term “Holidays” is used in this publication, it shall be construed to include: New Year’s Day, Memorial Day, Independence Day (Fourth of July), Labor Day, Thanksgiving Day, Day after Thanksgiving, December 24, Christmas Day, and December 31. When the holiday falls on a Sunday, the following Monday will be considered the holiday.

PICKUP AND DELIVERY

Unless otherwise provided, rates named herein include, as to each shipment, one pickup and one delivery at all points within the limits of the cities, towns, villages, and other points from and to which rates apply.

Pickup means calling for and receiving freight at any platform, doorway, or other site designated by the shipper, when directly accessible to the carrier’s vehicle.

Delivery means delivery of freight to any platform, doorway, or other site designated by the consignee, when directly accessible to the carrier’s vehicle.

WEEKEND / HOLIDAY CHARGES

For shipments occurring on Saturday, Sunday, and/or a Holiday, the applicable rates provided in this tariff will be increased by 20 percent. See Item 80.

Reserved

HAND LOADING OR UNLOADING / INSIDE DELIVERY

Truckload shipments: If the carrier’s driver is required to help hand load or unload a shipment, a charge of $250.00 will be assessed in addition to all other lawful charges.

PAYMENT OF FREIGHT CHARGES / JOINT & SEVERAL LIABILITY / SECTION 7 / PREPAID

(a) In consideration for transportation services performed by Eagle Express, Inc., for the mutual benefit of the shipper/consignor and consignee under the terms of this tariff, both shipper and consignee shall assume joint and several liability for all freight charges accrued with regard to such transportation. In the event that freight bills are not paid, Eagle Express, Inc. may seek payment from either party or both parties. Shipper/consignor and consignee shall have express notice of the existence of such joint and several liability through the service of a copy of this tariff upon duly authorized representatives.

(b) Eagle Express, Inc. will not accept any shipment in which Section 7 conditions of the Bill of Lading have been signed, nor will it accept any shipments marked “prepaid.” If the carrier or any agent for the carrier inadvertently accepts a shipment with Section 7 signed or marked “prepaid,” the carrier denies Section 7 and denies “prepaid,” and will refer to paragraph (a) and exercise all recourse under the assumption of joint and several liability by shipper/consignor and consignee.

DETENTION – VEHICLES WITH POWER UNITS

(a) 1 hour per shipment free time for loading at each loading point.

(b) 1 hour per shipment free time for unloading at each unloading point.

(c) Time begins upon notification by the driver to the responsible representative of the consignor or consignee at pickup or delivery of the arrival of the vehicle, and ends upon completion of loading or unloading and receipt by the driver of a signed Bill of Lading or Receipt for Delivery.

(d) Delays beyond free time (not the carrier’s fault) attributable to the consignor or consignee shall be charged to the payor of the freight bill at $18.75 per each fifteen (15) minutes, or fraction thereof in excess of free time.

DETENTION – VEHICLES WITHOUT POWER UNITS

(a) Charges apply to vehicles placed for loading/unloading and detained beyond free time.

(b) 24 hours free time for loading/unloading, commencing at placement.

(c) After free time, detention assessed at $250.00 per twenty-four (24) hours or fraction thereof, including weekends/holidays where equipment not placed for the carrier’s convenience.

DISPOSITION OF FRACTIONS

In computing freight charges or mileages, all fractions must be retained at full value until the final result is obtained, then disposed of as follows:

Fractions of less than 1/2 (0.5) omit; fractions of 1/2 (0.5) or greater, increase to the next whole unit.

IMPRACTICAL, UNSAFE, OR ILLEGAL OPERATION

Nothing in this tariff shall be construed as obligating the carrier to pick up or deliver shipments at locations where, on account of street/road conditions, building clearances, or other conditions, the carrier deems it impracticable or unsafe to operate; nor will the carrier knowingly transport or attempt delivery where doing so would violate any applicable laws or regulations.

REJECTED SHIPMENTS

If, for any reason not ascribable to the carrier, a shipment is rejected by the consignee at destination, it will be returned to the point of origin upon order of the shipper. The applicable rate will be that in the reverse direction in effect on the date the shipment is tendered for return.

CANCELED SHIPMENTS

If, for any reason, a shipment tendered for delivery is subsequently canceled or suspended after a vehicle has been dispatched, a charge of $3.25 per mile shall be assessed for the round-trip distance between the carrier’s terminal (or origin point) and the shipper’s loading point, subject to a minimum charge of $350.00 per order.

LAYOVER SERVICE

(a) If equipment/driver must remain overnight due to causes attributable to the consignor/consignee (or at their request), an additional $850.00 per overnight layover will be assessed to the party causing/requesting.

(b) Charges are in addition to applicable detention charges (Item 150).

CLAIMS

Claims for loss/damage and overcharge/duplicate payments/over-collections will be processed in compliance with 49 CFR Part 1005.

COD / FCCOD FEE

A COD collection fee of $0.005 per dollar, with a minimum charge of $150.00.

Advance notice is required for Eagle Express, Inc. to accept responsibility for collection amounts over $2,000.00.

The bill of lading / airbill / shipping order must show in bold: “C.O.D. AMOUNT TO BE COLLECTED: $________.”

Eagle Express, Inc. will not be held responsible for collection of COD and/or FCCOD monies if the consignor fails to include this statement on the shipping papers.

STOP-OFF CHARGES

A shipment moving on a rate subject to a minimum quantity tendered on one bill of lading from one consignor at one origin at one time consigned to one consignee at one destination may be stopped in transit for partial loading/unloading subject to:

(a) In-route stop charges (excluding final destination): $75.00 first stop, $150.00 second stop, $250.00 each additional stop (plus other charges).

(b) If stop-off is not in-route: stop-off charges plus $3.40 per mile for out-of-route miles (plus other charges).

RELEASED VALUE

The released value for all shipments is the greater of $50.00 or $0.50 per pound and will not exceed a maximum of $20,000.00, unless a higher released or declared value is specified by the shipper on the bill of lading / airbill / shipping order.

Values exceeding $20,000.00 must be approved and communicated in writing prior to the shipment to be valid.

TEAM DRIVERS

When it is necessary for the carrier to provide team drivers, an additional charge of $0.45 per mile will be charged. Team service must be set up in advance and is subject to driver availability.

SPECIAL EQUIPMENT

When shipper requests specialized equipment (Note A), such equipment will be furnished where practicable at the following additional charges:

• Additional charge: 20% of the applicable charged rate
• Minimum additional charge: $250.00
• Surcharges are in addition to all other lawful transportation charges.

Note A: “Specialized Equipment” includes (not limited to) lift gates, side-loading capability, ramps, overhead crane accessible trailers (e.g., flatbed van), or temperature protection equipment.

SERVICE CHARGE – NEW YORK CITY AND LONG ISLAND, NY

Shipments destined to or originating in New York City (also referred to as JFK), its commercial zone, and Long Island, NY will be charged an additional $400.00 to the applicable mileage rate.

DEADHEAD AND OUT-OF-ROUTE MILES

Deadhead/out-of-route surcharges apply when the carrier must travel out of route through no fault of its own.

(a) Deadhead: all points within a 50-mile radius of an Eagle terminal are included. Excess deadhead beyond 50 miles may be assessed at the customer’s contracted mileage or tariff default rate.

(b) Out-of-route: excess miles beyond quoted mileage may be charged at the customer’s contracted mileage or tariff default rate (also see Item 300 Stop-Off Charges).

The carrier will alert the customer in advance prior to application of deadhead or out-of-route mileage fees.

ONE-WAY MILES

One-way miles are all miles traveled from origin (loaded) to destination (unloaded).

Rates shown on a one-way miles basis apply per mile, per vehicle, per shipment, per shipper.

EXPIRATION OF CONTRACT RATES

Unless otherwise specified, contracts expire one year from acceptance. After expiration, shipments revert to the carrier’s published tariff. Renewal is not guaranteed at the same pricing.

RATE CONFIRMATION AGREEMENT

Rates quoted by a Rate Confirmation Agreement supersede all previous rates/tariffs/contracts and apply only to the referenced shipment.

Unless specifically stated in the rate confirmation, incidentals (detention, delays, layovers, inside delivery, accessorials) remain governed by this tariff.

RECONSIGNMENT OF SHIPMENT CHARGES

If a shipment is reconsigned: $350.00 if in-route; if out-of-route, $350.00 plus $3.40 per mile for all out-of-route miles.

PAYMENT FOR SERVICES RENDERED

Once services are initiated, an order is created. Unless otherwise provided, payment at the negotiated/contracted/tariff rate is expected.

Payment due net 30 days from invoice receipt. Late payment may lead to added fees, collection actions, and/or discontinuation of credit.

FUEL SURCHARGE

Base fuel price: $1.14/gal. Fuel price based on the U.S. Department of Energy (DOE) Fuel Index updated each Monday at 4:00 PM (EST).

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MILEAGE COMMODITY RATES

Commodities: as described in Item 10.

Column A: Econoline van or similar vehicle.   Column B: 12–24 ft truck.   Column C: Tractor-trailer.

* Indicates minimum charge inside Detroit commercial zone.   † Minimum charge outside Detroit commercial zone.

Minimums: Column A $150.00   Column B $250.00   Column C $550.00

BORDER CROSSING FEES

Border Crossing Surcharge: Shipments destined to, or from, Canada (Ontario, Quebec and Manitoba) assessed based on vehicle size required.

• Econoline van or similar vehicle: $75.00
• 12–28 foot straight truck: $100.00
• Tractor-trailer combination: $150.00