Operating instructions

Dole – Drivers Reference Manual
Page 58
when repairs are made in commercial shops or outside repair facilities, the actual amount invoiced for
such material and labor must be used. When Carrier makes the repairs, labor shall be charged on the
basis of actual time consumed in making the repairs, but shall not exceed the labor rates then
prevailing in the area.
(iii) In the event that DOLE determines that improper repairs have been
made, Carrier will not be reimbursed for those repairs and is responsible for the full cost of correcting
them. DOLE shall furnish Carrier a list of improper repairs and a breakdown of the required
corrective repairs. Carrier acknowledges that time is of the essence with respect to DOLE’s ability to
place Units back in operation and agrees that DOLE may proceed in its reasonable discretion to
authorize and procure such repairs at Carrier’s sole cost and expense.
(iv) Any seizure, attachment or other process, or any theft or other absence
(whether or not explained) which renders a Unit or any part, accessory or appurtenance thereto
unavailable to Carrier or DOLE for five (5) days or more shall be deemed a loss thereof.
(d) Changes, Alteration and Improvements. Carrier shall not, without DOLE’s
prior written consent, make or permit any changes, alterations or improvements in or to any Unit,
except the repairs and replacements described in Section 6(c) above, or remove from any Unit any
parts, attachments or other equipment. Carrier shall be liable and shall reimburse DOLE for the cost
of removing such alteration or improvement, or for any loss or damage which DOLE may suffer or
sustain as a result thereof.
(e) Condition of Unit Upon Redelivery. Carrier shall return each Unit to DOLE
at the termination of this Agreement, or at the end of the period allotted for use of a particular Unit
pursuant to Schedule 1, in the same good working order and condition as on delivery, uncontaminated
and cleaned in conformance with the Guidelines on Commodities and the Guidelines for Cleaning
described in Section 3(b) above, cleared of all dunnage and debris, and in good repair and appearance,
reasonable wear and tear alone excepted. Carrier shall be responsible and shall reimburse DOLE for
repairs, losses or cleaning if a Unit is returned with damage or loss, or in an unclean condition.
(f) Loss Value. In the event that the cost of any repair or replacement exceeds
the “Loss Value” (as hereinafter defined) of a Unit or its equipment, neither party shall be obligated
to perform such repair or replacement; provided, however, that in the case of repairs and
replacements for which Carrier is otherwise responsible under this Agreement, Carrier shall promptly
pay DOLE such amounts, together with use charges under Schedule 1 to the date of such payment.
For purposes of this Agreement, the Loss Value of any Unit shall be its replacement cost plus the cost
of special equipment or accessories (but in no event less than the replacement cost or the stipulated
value set forth in the applicable equipment lease between DOLE and the owner of the Unit),
determined as of the date of notification to DOLE that the Unit has been lost, stolen or totally
destroyed. Carrier shall notify DOLE in writing within five (5) days after the occurrence of a loss,
theft or destruction specifying the cause, nature and extent of the loss. Unless otherwise directed by
DOLE, Carrier is responsible for returning the Unit at its cost whether or not the Unit was destroyed.
(g) Use Charges in Event of Total Loss. In the event that Carrier is responsible
for the total loss of a Unit, Carrier and/or its insurer shall also pay use charges calculated at $50.00
per day from the date of the loss through and including the date of payment of the Loss Value,
without credit for the time necessary to determine if the Loss Value is payable and what the Loss
Value should be.