Common use of Equipment Return Clause in Contracts

Equipment Return. a. The Motor Carrier shall use the Equipment for only the purposes for which it was interchanged, not authorize use by others, and promptly return the Equipment after its interchange purpose is complete. An Addendum to this Agreement does not constitute a separate bilateral equipment interchange agreement. [Revised 01/03/23] b. Motor Carrier shall return the Equipment to the physical location at which the Equipment was received unless the Provider directs the Equipment to be returned to a satellite location(s) as specified in a notification from the Provider to Motor Carrier via internet posting or e-mail to return the Equipment to a Provider-designated satellite location, listed in IANA’s Equipment Return Location Directory (ERLD). Satellite location(s) are facilities which are within the same local commercial territory and support operations of the Provider for the location from which the Equipment was originally received. Whenever a return location is changed, Provider must notify the Motor Carrier by e-mail by 16:00 p.m. local time the business day prior to the change becoming effective. Motor Carrier must furnish the Provider with e-mail addresses to be used for Motor Carrier notification when return locations are changed. [Revised 01/03/23] c. Provider may add or delete satellite locations to its listing by giving fourteen (14) days written notice to IANA. [Added 02/08/16] d. Should the notification required under subsection 1.b. above not be made one (1) business day prior to the effective date of the change, and the late notification delayed the Interchange of Equipment, then the Motor Carrier would be entitled to one (1) additional business day to return the Equipment. [Added 02/08/16] e. When the Provider requests the Motor Carrier to return Equipment to a satellite location, the Parties are required to have a reasonable discussion regarding whether additional compensation or free time will be extended to the Motor Carrier. Nothing in Section E. shall be interpreted to preclude Motor Carrier from receiving compensation when Provider directs Equipment to be returned to a satellite location. The specific terms of compensation for services rendered or additional free time in these circumstances is outside the scope of this Agreement and shall be determined between the Motor Carrier and the Provider. [Added 07/20/22]

Equipment Return. a. The Absent a separate bilateral equipment interchange agreement in written or electronic form between the Parties, the Motor Carrier shall use the Equipment for only the purposes for which it was interchanged, not authorize use by others, and promptly return the Equipment after its interchange purpose is complete. An Addendum to this Agreement does not constitute a separate bilateral equipment interchange agreement. [Revised 01/03/2302/08/16] b. Motor Carrier shall return the Equipment to the physical location at which the Equipment was received unless the Provider directs the Equipment to be returned to a satellite location(s): 1) as governed by a written bilateral equipment interchange agreement between the Parties or 2) as specified in a notification from the Provider to Motor Carrier via internet posting or e-mail to return the Equipment to a Provider-designated satellite location, listed in IANA’s Equipment Return Location Directory (ERLD). Satellite location(s) are facilities which are within the same local commercial territory and support operations of the Provider for the location from which the Equipment was originally received. Whenever a return location is changed, Provider must notify the Motor Carrier by e-mail by 16:00 p.m. local time the business day prior to the change becoming effective. Motor Carrier must furnish the Provider with e-mail addresses to be used for Motor Carrier notification when return locations are changed. [Revised 01/03/2302/08/16] c. Provider may add or delete satellite locations to its listing by giving fourteen (14) days written notice to IANA. [Added 02/08/16] d. Should the notification required under subsection 1.b. above not be made one (1) business day prior to the effective date of the change, and the late notification delayed the Interchange of Equipment, then the Motor Carrier would be entitled to one (1) additional business day to return the Equipment. [Added 02/08/16] e. When the Provider requests the Motor Carrier to return Equipment to a satellite location, the Parties are required to have a reasonable discussion regarding whether additional compensation or free time will be extended to the Motor Carrier. Nothing in Section E. shall be interpreted to preclude Motor Carrier from receiving compensation when Provider directs Equipment to be returned to a satellite location. The specific terms of compensation Compensation for services rendered or additional free time in these circumstances is outside the scope of this Agreement and shall be determined between Agreement. [Added 02/08/16] f. Provider will notify the Motor Carrier and electronically, at least once a month, of any outstanding Equipment that is shown on the Provider’s books as being interchanged under the Motor Carrier’s SCAC. Notice will be provided in a data file format and include equipment identification number and date of Interchange. Notice is provided for information only; errors or omissions in the content do not relieve the Parties of their respective Interchange obligations. [Added 07/20/22Moved: 01/20/20]

Equipment Return. a. The Absent a separate bilateral equipment interchange agreement in written or electronic form between the Parties, the Motor Carrier shall use the Equipment for only the purposes for which it was interchanged, not authorize use by others, and promptly return the Equipment after its interchange purpose is complete. An Addendum to this Agreement does not constitute a separate bilateral equipment interchange agreement. [Revised 01/03/2302/08/16] b. Motor Carrier shall return the Equipment to the physical location at which the Equipment was received unless the Provider directs the Equipment to be returned to a satellite location(s): 1) as governed by a written bilateral equipment interchange agreement between the Parties or 2) as specified in a notification from the Provider to Motor Carrier via internet posting or e-mail to return the Equipment to a Provider-designated satellite location, listed in IANA’s Equipment Return Location Directory (ERLD). Satellite location(s) are facilities which are within the same local commercial territory and support operations of the Provider for the location from which the Equipment was originally received. Whenever a return location is changed, Provider must notify the Motor Carrier by e-mail by 16:00 p.m. local time the business day prior to the change becoming effective. Motor Carrier must furnish the Provider with e-mail addresses to be used for Motor Carrier notification when return locations are changed. [Revised 01/03/2302/08/16] c. Provider may add or delete satellite locations to its listing by giving fourteen (14) days written notice to IANA. [Added 02/08/16] d. Should the notification required under subsection 1.b. above not be made one (1) business day prior to the effective date of the change, and the late notification delayed the Interchange of Equipment, then the Motor Carrier would be entitled to one (1) additional business day to return the Equipment. [Added 02/08/16] e. When the Provider requests the Motor Carrier to return Equipment to a satellite location, the Parties are required to have a reasonable discussion regarding whether additional compensation or free time will be extended to the Motor Carrier. Nothing in Section E. shall be interpreted to preclude Motor Carrier from receiving compensation when Provider directs Equipment to be returned to a satellite location. The specific terms of compensation Compensation for services rendered or additional free time in these circumstances is outside the scope of this Agreement and shall be determined between the Motor Carrier and the ProviderAgreement. [Added 07/20/2202/08/16]