Trailer Interchange. This Trailer Interchange Exhibit to the Motor Carrier Exhibit sets forth the parties’ understanding regarding the allocation of responsibility for repairs and liability in the event of damage to trailers and/or tractors hauled by or driven by Carrier that are owned or leased by Shipper or damage to trailers and/or tractors hauled by or driven by Shipper that are owned or leased by Carrier. The parties have agreed as follows:
1. If damage to any trailer or tractor occurs as a result of the condition of maintenance of such trailer or tractor, then the owner or lessee, as the case may be, of such trailer/tractor shall be responsible for the repairs thereto and shall pay all costs and expenses related to such repairs.
2. If damage to any trailer/tractor occurs while it is in the custody or control of Carrier (and such damage is not the result of negligence by Shipper or its agents’ or employees’ negligence), then Carrier shall be responsible for repairs, shall pay all costs and expenses related to such repairs, and may look to its consignee or customer directly for any reimbursement thereof.
3. If damage to any trailer/tractor occurs as a result of the negligence of Carrier, its employees or agents, then Carrier shall be responsible for repairs and shall pay all costs and expenses related to such repairs.
4. If damage to any trailer/tractor occurs while it is in the custody or control of Shipper (and such damage is not the result of negligence by Shipper or its agents’ or employees’ negligence), then Carrier shall be responsible for repairs, shall pay all costs and expenses related to such repairs, and may look to its consignee or customer directly for any reimbursement thereof.
5. If damage to any trailer/tractor occurs as a result of the negligence of Shipper, its employees or agents, then Shipper shall be responsible for repairs and shall pay all costs and expenses related to such repairs.
Trailer Interchange. Broker and Shipper, as applicable, may allow Carrier to take possession of Trailers for use by Carrier in performance of the Services. The following terms and conditions apply to Carrier’s use of such Trailers under the TOS:
