TRANSPORTATION SERVICES AGREEMEENT

between

A. ARNOLD WORLD CLASS RELOCATIONS

and

ASSOCIATED COLLEGES OF THE SOUTH

I. GENERAL TERMS AND CONDITIONS

  1. Arnold World Class Relocation (CARRIER) will provide Associated Colleges of the South (SHIPPER) with transportation services according to the rates, terms, and conditions described in this agreement. This Agreement will supersede all other prior agreements or contracts between CARRIER and SHIPPER regarding the transportation services described herein. Execution of the Agreement shall in no way suggest that an exclusive or binding arrangement exists between the CARRIER and the SHIPPER or any member institution. Use of this Agreement is understood to be optional.
  2. NOTICES

    3. All notices concerning this Agreement are to be in writing and sent certified mail to the address listed below:

    For SHIPPER:
    (All Members listed in Appendix A)

    For CARRIER:
    A. Arnold World Class Relocation
    5200 Interchange Way
    Louisville, Kentucky 40229-2190

  3. CREDIT TERMS

    4. The CARRIER will extend the free credit period to thirty (30) days to each Member University within the Associated Colleges of the South. CARRIER agrees that each member University shown on Appendix A is directly responsible to the CARRIER for any and all charges that any member may separately create. CARRIER further agrees and understands that a failure to meet financial obligation by any member shall not penalize and other member or create a financial liability for the Associated Colleges of the South.

  4. ASSIGNMENT

    5. Neither party may assign this agreement without prior written consent from the other party.

  5. TERMS

    6. This Agreement shall have an initial term of (1) one year from the date first signed. The Agreement shall be automatically renewed for (3) three additional (1) year periods unless written notice is received from either party 90 days prior to the anniversary date of any term.

  6. TERMINATION

Either party may end this agreement for any reason, after thirty (30) days written notice to the other.

II. INTERSTATE TRANSPORTATION SERVICES

A. PERSONAL EFFECTS AND OFFICE EQUIPMENT
(First and Second Proviso Household Goods)

  1. SCOPE

    2. This Section (IIA) applies to the interstate transportation of first and second proviso household goods between points in the United States (except Alaska and Hawaii). The definition of household goods is provided in Paragraph (a)(1) and (a)(2) of the Commodity Description, Item 100, Tariff STB HGB 400-N and HGB 104-G.

  2. GOVERNING TARIFFS/PUBLICATIONS

    3. Except as described in this Agreement, the rates, rules and other provisions of Tariff STB HGB 400-N, Tariff HGB 104-G, supplements and reissues, and the Carrier's Uniform Household Goods Bill of Lading will apply.

  3. GUARANTEED PICKUP AND DELIVERY

    4. When the CARRIER fails to pick up or deliver a shipment on the service date(s) agreed to between the two parties, the CARRIER will pay the SHIPPER reasonable expenses for each day of delay, subject to the following.

    The Delay Allowance will not apply on Shipments:

    1. Loaded from storage at origin or delivered to storage at destination
    2. If the delay is due to impracticable operations
    3. If the inconvenience claim is not made within 30 days after delivery
    4. If delay is caused by an act or order of the shipper or its employee

  4. RETIRING EMPLOYEE BENEFIT

    5. The Shipper's retirees are included in the terms of the Agreement. The Carrier will follow the billing procedures outlined by the Shipper in regards to retirees.

  5. SUBSIDIARIES AND AFFILIATES BENEFITS

    6. Carrier agrees to extend terms of the agreement to all subsidaries; and affiliates. CARRIER win invoice these parties for services preformed by CARRIER when directed by SHIPPER.

  6. REPLACEMENT VALUE PROTECTION
    Coverage

    7. The CARRIER'S liability for loss and/or damage will be based on replacement value. The CARRIER may, if possible, restore the damaged articles to their pre-relocation condition, or replace them at their full current value, whichever is less. If lost or damaged household goods cannot be repaired or replaced, the CARRIER will pay the transferee an amount equal to the cost of a similar item.

    Replacement Value Protection is subject to the following:

    1. The CARRIER'S maximum liability for loss or damage is $ per pound times the shipment weight plus additional valuation declared by the SHIPPER, if any.
    2. Whenever the CARRIER makes a settlement at replacement value on a lost or destroyed item, the CARRIER retains all right to salvage.
    3. Claims for missing items will be accepted only if the transferee participates in the inventory check-off at destination.
    4. The CARRIER is not liable for the following:
      1. loss or damage caused by hostile or warlike actions, insurrection, rebellion, revolution, civil war, or action taken by government authority in hindering, combating, or defending against such an incident;
      2. loss or damage caused by insects, moth vermin, ordinary wear, and/or gradual deterioration, inherent vice, and depreciation;
      3. loss or damage caused by atmospheric conditions such as temperature and humidity;
      4. loss or damage occurring after the SHIPPER or transferee instructs the CARRIER to continue with the transportation and/or delivery of a shipment that the CARRIER has warned is at risk from strikes, lockouts, labor disturbances, riots, or civil commotion;
      5. loss or damage caused by acts of God;
      6. loss or damage to documents, currency, money or jewelry.

  7. GUARANTEED CLAIM SETTLEMENT

    8. CARRIER will pay, decline, or make a firm compromise settlement offer within 30 days of receipt of complete claims package, unless a longer period of time is mutually agreed upon, or delay in settlement is caused by any of the following:

    1. Additional information is requested from the owner of the goods (i.e., price, age, proof of amount claimed, etc.)
    2. Repair parts are not available from the manufacturer on time.
    3. The CARRIER is unable to make a satisfactory appointment with the transferee.

    CLAIMS DELAY COMPENSATION: Carrier will pay shipper (or to transferee if so instructed), $ per day up to a maximum of $ if commitments are not (subject to above)

  8. CARRIER agreees to provide SHIPPER with quarterly management reports.
      1. Activity Reports
      2. Service Reports

III. PRICING

  1. Transportation Charges - CARRIER agrees that the charges in Tariff STG HGB 400-N and HGB 104-G, supplements thereto and reissues thereof will apply based on the date of signature.

  2. DISCOUNTS - CARRIER agrees that during the term of this agreement, the total charges on each First proviso shipment, including accessorial charges, but excluding Storage-In-Transit (SIT), third party services, and valuation charges, will be reduced by percent.

    3. CARRIER agrees to reduce total storage-in-transit, warehouse handling and pickup and delivery to or from storage by percent. The storage-in-transit period will be for 180 days.

    This applies between points within the United States, including Alaska (via Motor-Water-Motor Service) and to and from Canada. Rates in this agreement exclude Hawaii.

  3. PEAK RATE ADJUSTMENT - The peak rate will not apply.

The parties have executed this AGREEMENT on the date shown below.