GTI USA
POWER-ONLY TRAILER USE TERMS AND CONDITIONS
Applicable to Customer- or Third-Party-Supplied Trailers and Related Equipment
ACCEPTANCE AND INCORPORATION. These Power-Only Trailer Use Terms and Conditions ("Terms") apply to each shipment expressly tendered by GTI USA ("Broker") to the accepting motor carrier ("Carrier") as a power-only shipment involving Equipment supplied by a party other than Carrier. By accepting the applicable load tender or rate confirmation, dispatching a driver or power unit, taking possession of the Equipment, or beginning performance, Carrier agrees that these Terms are incorporated into the applicable load tender and supplement the parties' Broker-Carrier Agreement ("BCA"). No separate signature on these Terms is required for an individual load.
1. Scope and Relationship to BCA.
These Terms apply only to power-only shipments involving Equipment supplied by Broker's Customer or another third party. They supplement the BCA solely with respect to Carrier's possession, inspection, use, safeguarding, and return of such Equipment. Except for the clarification in Section 3 regarding supplied Equipment, nothing in these Terms amends, limits, expands, or replaces the BCA. The BCA continues to govern the parties' relationship, including cargo liability, indemnification, payment and setoff rights, claims, liens, governing law, venue, and dispute provisions. Nothing in these Terms causes Broker to assume the status or responsibilities of a motor carrier or equipment operator.
2. Equipment.
“Equipment” means any trailer, chassis, container, and related accessories or components that Carrier is directed or authorized to possess or use in connection with a power-only shipment tendered by Broker. Equipment may be owned, leased, supplied, or controlled by Broker's Customer or another third party and, where applicable, by Broker. Equipment includes items furnished with or attached to the unit, including straps, load bars, dunnage, edge protection, doors, landing gear, tires, wheels, lights, hoses, electrical connections, refrigeration or temperature-control components, and similar accessories. These Terms do not represent that Broker owns or leases the Equipment.
3. Power-Only Equipment.
Notwithstanding any BCA provision requiring Carrier to supply equipment necessary to perform transportation services, on a shipment expressly tendered as power-only the trailer or other Equipment may be supplied by Broker's Customer or another party. Carrier remains responsible for supplying a compliant power unit and all other equipment, personnel, licenses, permits, and operating authority required of Carrier under the BCA and applicable law. Carrier remains responsible for inspecting, safely operating, safeguarding, and returning the supplied Equipment in accordance with these Terms.
4. Period of Responsibility.
Carrier's responsibility for Equipment begins when Carrier or its representative takes possession, custody, or control of it, including connection of Carrier's tractor or fifth wheel, whichever occurs first. Responsibility continues until the Equipment has been delivered, returned, spotted, or otherwise placed at the location directed by Broker or Broker's Customer, Carrier has disconnected where applicable, and Carrier has relinquished possession, custody, and control.
5. Inspection and Condition.
Before moving Equipment, Carrier shall perform and document a reasonable pre-trip inspection and promptly report visible damage, missing components, or unsafe conditions to Broker. Carrier shall not move Equipment it reasonably determines is unsafe until instructed or the condition is corrected. Movement without a documented exception constitutes acknowledgment of the Equipment's apparent condition at pickup, but does not make Carrier responsible for latent or non-observable defects that could not reasonably have been discovered through the required inspection. At completion of Carrier's possession, Carrier shall perform and document a reasonable post-trip inspection and promptly report new damage, missing components, or material changes in condition.
6. Authorized Use, Security, and Safeguarding.
Carrier shall use Equipment only for the authorized shipment and related activities. Carrier shall not sublease, interchange, lend, transfer, abandon, or permit another carrier or third party to use or possess Equipment without Broker's prior written authorization and shall not use Equipment for another party's freight without authorization. Carrier shall use reasonable care to protect Equipment against collision, theft, vandalism, unauthorized use, abandonment, and other loss and shall comply with applicable shipment-specific parking, seal, security, routing, and facility requirements. Carrier is responsible for fines, tolls, citations, towing, storage, impoundment charges, and similar expenses arising from Carrier's operation, parking, custody, or control of Equipment, except to the extent caused solely by a pre-existing condition or the acts or omissions of another responsible party.
7. Maintenance, Breakdowns, and Repairs.
Carrier shall promptly notify Broker of any flat tire, blowout, mechanical problem, structural concern, breakdown, out-of-service condition, or repair need involving Equipment. Carrier shall not authorize or perform a material repair or modification without prior direction or approval from Broker or the Equipment owner/controller, except when immediate action is reasonably necessary to protect persons or property or comply with law. Carrier is not responsible for ordinary wear and tear or loss or damage caused solely by pre-existing age, fatigue, corrosion, latent defect, or equipment failure not reasonably discoverable during the required inspection; however, Carrier remains responsible if it knew or reasonably should have known the Equipment was unsafe and continued operation without authorization.
8. Return of Equipment.
Carrier shall promptly deliver, return, spot, or otherwise place Equipment at the location directed by Broker or Broker's Customer and shall not retain or move Equipment after completion of the authorized shipment without permission. Carrier shall follow any shipment-specific process for photographs, inspection forms, receipts, or other condition documentation.
9. Damage, Loss, Theft, and Incident Reporting.
Carrier shall notify Broker immediately, and in no event later than twelve (12) hours after discovery, of any accident, theft or suspected theft, attempted theft, abandonment, impoundment, out-of-service event, significant Equipment damage, or other material event involving Equipment. Carrier shall reasonably cooperate in investigation and preserve available photographs, inspection records, police reports, repair records, driver statements, location information, and other relevant evidence. Carrier is responsible for physical loss of or damage to Equipment to the extent caused by Carrier's or its representatives' negligence, willful misconduct, misuse, unauthorized use, or failure to reasonably inspect, operate, secure, safeguard, or return the Equipment while in Carrier's possession, custody, or control. Carrier is not responsible for ordinary wear and tear or loss or damage caused solely by a pre-existing or latent defect not reasonably discoverable through the required inspection. Amounts owed for Equipment loss, damage, recovery, towing, storage, or repair shall be handled pursuant to the BCA and applicable shipment requirements.
10. Insurance.
Carrier shall maintain all insurance required by the BCA. In addition, throughout each power-only shipment Carrier shall maintain trailer interchange insurance, non-owned trailer physical damage coverage, or other insurance that affirmatively covers physical loss of or damage to the Equipment while in Carrier's care, custody, or control, with a limit of not less than $60,000 USD per trailer or any higher amount stated in the applicable load tender, customer requirement communicated by Broker, or other written shipment requirement. Carrier shall provide evidence of applicable coverage upon request and is responsible for confirming that its coverage applies to the Equipment and contemplated use. Any deductible, self-insured retention, exclusion, or coverage limitation does not relieve Carrier of liability otherwise imposed by the BCA, these Terms, or applicable law.
11. Customer- and Shipment-Specific Requirements.
Broker may communicate reasonable customer-specific or Equipment-specific requirements in the load tender, rate confirmation, written dispatch instructions, attachment, or other written shipment communication. Carrier shall comply with those requirements when provided before or in connection with acceptance or performance of the shipment. A specific written shipment requirement controls over these Terms only for the subject it specifically addresses and only for that shipment, subject to the BCA.
12. Order of Precedence and Continuing Obligations.
The BCA remains the primary agreement between Broker and Carrier. These Terms supplement it solely for power-only shipments and supplied Equipment. If a direct conflict cannot reasonably be harmonized, the BCA controls, except that Section 3 controls solely to clarify that the trailer or other Equipment may be supplied by a party other than Carrier on an expressly tendered power-only shipment. Completion of a shipment does not relieve Carrier of obligations relating to return of Equipment, loss or damage occurring during Carrier's possession, incident cooperation, or amounts properly due under the BCA or these Terms.
13. Separate Interchange and Equipment Agreements.
These Terms do not supersede or modify any location-specific, shipper-specific, terminal-specific, chassis-provider-specific, equipment-owner-specific, or other interchange, rental, lease, or equipment-use agreement directly applicable between Carrier and the owner, lessor, provider, or controller of the Equipment. Carrier remains responsible for complying with any such agreement applicable to its possession or use of the Equipment.