TRANSPORTATION
TERMS & CONDITIONS

1. Definitions.

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As used in these Terms and Conditions, the following terms shall have the following respective meanings:

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“Bill of lading” means a receipt or similar origin document issued by a motor carrier, here Tobin Scientific, upon its receipt of a Shipment (as defined below) for transportation.

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“Broker” means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation. 49 U.S.C. §13102(2).

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“Business day” means Monday through Saturday except the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day (December 25), and New Year’s Eve.

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“Charges” means all applicable transportation and related charges including, but not limited to all applicable accessorial charges, surcharges, additional handling charges and late payment fees.

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“Consignee” means the person identified in the bill of lading or similar origin document to whom a Shipment of property, as defined below, is consigned and who will receive the Shipment at destination. The term “Consignee” includes the Consignee’s actual or apparent agents, representatives or other person designated to act or acting on the Consignee’s behalf.

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“Delivery” includes, but is not limited to: (1) physical delivery of a Shipment, as defined below, to the destination point specified in a bill of lading by Shipper, the Consignee or the Consignee’s actual or apparent agent or representative, (2) delivery to the address or location specified by Shipper in a bill of lading or to any person present at such address, (3) delivery in accordance with trade, custom or usage, or (4) delivery otherwise permitted under these Terms and Conditions.

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“Motor carrier,” “carrier” or “subcontracted motor carrier” mean the person providing motor vehicle transportation for compensation. See, 49 U.S.C. §13102(14).

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“Motor vehicle.” The term “motor vehicle” means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway in transportation, or a combination determined by the Secretary of Transportation or the Federal Motor Carrier Safety Administration (“FMCSA”), but does not include a vehicle, locomotive, or car operated only on a rail, or a trolley bus operated by electric power from a fixed overhead wire, and providing local passenger transportation similar to street-railway service. See, 49 U.S.C. §13102(16).

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“Services” means Tobin Scientific’s transportation of property by motor vehicle for compensation, as defined at 49 U.S.C. §§13102(14), (16) and (23), together with all related accessorial services including but not limited to the packing, loading, crating, handling and unloading of Shipments of property, and, when requested by Shipper and agreed to by Tobin Scientific, providing specialized redundant generator and trailer calibration services. “Services” also includes Tobin Scientific’s arranging for transportation as a transportation broker, as defined above.

“Shipment” means one or more goods, articles, crates, cartons or items of property or cargo transported from one origin under one receipt, bill of lading, quotation or similar origin document consigned for delivery to one Consignee at one destination.

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“Shipper” means the beneficial owner of the goods, articles, crates, cartons or items of property in a Shipment, and those of any other party (including brokers and other originating motor or air carriers) on whose behalf or for whose account Tobin Scientific is performing Services.

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“Transit Time” means the transportation and delivery of Shipments with reasonable dispatch under the circumstances peculiar to each Shipment and consistent with industry standards and practices.

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“Transportation.” The term “transportation” includes—(A) a motor vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of passengers or property, or both, regardless of ownership or an agreement concerning use; and (B) services related to that movement, including arranging for, receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, packing, unpacking, and interchange of passengers and property.” See, 49 U.S.C. § 13102(23).

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