Terms of Service V25-0827

This agreement is pursuant to the terms of the contract between Broker and Carrier and becomes part of that
contract. Carrier is operating under their Common Carrier authority.

By acceptance of tendered load and submission of the required signed Bill of Lading in pursuance of payment for
services rendered, you hereby agree to any and all payment, terms, and conditions also stated on this rate
confirmation unless otherwise specifically agreed to in writing signed by both parties, in accordance with Mercer
Transportation’s TIA Broker Contract section 2.B.- 2.C.

The carrier shall pass through any motor carrier fuel-related surcharge adjustments to the person, corporation, or
entity that directly bears the cost of fuel for shipment(s) transported under this contract for all Department of
Defense loads.

Carrier shall be solely responsible for compliance with all provisions of Applicable Law regarding air quality and
environmental standards including, but not limited to, those of the California Clean Air Act (Clean Truck Check
Heavy-Duty Inspection and Maintenance (HD I/M Regulations) and the California Air Resources Board (CARB). By
entering into this agreement, Carrier acknowledges and agrees that it is aware of applicable CARB regulations,
including the Truck and Bus Regulation (TBR) at 13 C.C.R § 2025, the Drayage Truck Regulation (DTR) at 13
C.C.R § 2027, the regulation on Transportation Refrigeration Units (TRU) at 13 C.C.R § 2477 et. Seq., and the
Tractor Trailer Greenhouse Gas (GHG) Regulation at 17 C.C.R. § 95300 et. Seq., and has adopted policies and
procedures to ensure compliance with such regulations, as they may be revised, adopted, and amended from time
to time. Carrier shall only dispatch and operate compliant vehicles (including vehicles with compliat TRUs) and
shall maintain shipment specific records evidencing such compliance, which records shall be provided to Broker
upon request. Without limiting the foregoing, if Carrier operates TRUs in California under this agreement, it shall ensure all such units are registered with the CARB Equipment Registration system (ARBER). Nothing in this clause shall be interpreted in any way to suggest that Broker is a California based broker. Rather, it is set forth for the sole purpose of documenting Carrier compliance with its own obligations under the CARB regulations.

This load requires GPS location monitoring. By signing and returning this confirmation, and or, the drivers
acceptance of the lading the carrier confirms the terms in Appendix A, and agrees to be tracked via the Macropoint Phone App.

Carrier affirms that all drivers assigned to this load meet applicable federal and state regulations, including English language proficiency requirements as outlined by the Federal Motor Carrier Safety Administration (FMCSA). Drivers must be able to communicate in English sufficiently to converse with the general public, understand highway traffic signs and signals in English, respond to official inquiries, and make entries on reports and records as required by law. Carrier assumes full responsibility for ensuring compliance with these requirements. In the event a drivers failure to meet these requirements results in refusal of loading by the shipper, Carrier acknowledges and agrees that no compensation shall be due for Truck Order Not Used (TONU) or related charges.

Independent Contractor Status: This transportation of goods is between two independent businesses: a Freight Broker, and a Motor Carrier. The Motor Carrier shall, during loading, transport, and delivery of the cargo, be an independent contractor. The Motor Carrier acknowledges that in certain jurisdictions, labor codes may deem the driver an employee for certain purposes, without rendering the driver an employee for all purposes. Applicable labor code provisions may include but are not limited to Wage Orders, Meals and Rest Breaks, Wage Statements, Indemnification of Business Expenses, Valuation of Labor Services, Rest Break Compensation and Deductions from Compensation. The Motor Carrier agrees that the Carrier Pay listed on this rate confirmation fully compensates the Motor Carrier both for labor and the necessary business expenditures the Motor Carrier incurs in the performance of these services. The Motor Carrier agrees that ‘Carrier Pay’ includes compensation for applicable provisions that may include but are not limited to Meals and Rest Breaks, Labor Services, and all Other Expenses.

Requirements for Full Payment

Fulfill our customer’s Shipment Status Reporting Requirements (see above).
Within 7 days you must send shipping documents to Mercer Transportation Co., Inc.; Options include: via standard postal mail** to 1128 W Main St, Louisville, KY 40203, by email to: [email protected], or via other electronic forms (see Transflo instructions below). Failure to return the following documents will result in delay of your settlement.

Original/clear image of the Shipper’s B/L (signed by the shipper).
Proof of Delivery (signed by the consignee and showing the Load Origin, Destination, Commodity, Pieces, Weight, Delivery Date and Delivery Time).
This Load Quote/Confirmation (signed).
Actual copy of oversize permits and escort charges will be completed and reimbursed up to 30 days once all permit and escort receipts are submitted. The copies must be submitted within 30 days of the load delivery date. PLEASE NOTE: Blanket or Annual permits will not be covered.

For proper identification, record Mercer’s Trip Number and Release Number on all documents. Retain copies for
your records.
**Please note: If shipment documents are submitted via standard postal mail, a $10.00 processing fee will be deducted from settlement.

Do Not Pay Full Price at the Pump
Call (800) 643-1262 for a TCH fuel discount card. The card is free and will save your company money
every time at the pump. When calling, do not hesitate to ask about our Preferred Carrier Program. We
will assign you a single point of contact to help you find freight that suits your company’s specific needs.

This Load Qualifies for Fast Pay
Mercer Fast Pay is a service that allows you to send paperwork directly into our imaging system. Paperwork can be sent via TRANSFLO. When the Fast Pay service is used, we receive your paperwork within one hour of it being sent and it goes into our system. This results in a speedy settlement. The cost of using this service is $0.50 for the transaction of $0.12 per page.

Documents must be sent via TRANSFLO only.
To qualify for fast pay the carrier must provide Mercer with a clear and legible copy of the shipping documents.

Mercer reserves the right to decline Fast Pay to carriers not compliant to requirements outlined in this confirmation.

TRANSFLO Instructions
Call Mercer for your release number and write that all documents to be scanned.

Download the Transflo NOW or Trans mobile+ app and follow the registration prompts.
Mercer’s SCAC code is MCET. (Does NOT work for Transflo Velocity).
It will prompt you for a driver ID which will be your Mercer carrier code. Please call Mercer brokerage or broker pay for this code.
Click on the “Scan Documents” button and scan in all documents received for the load.
To confirm receipt of paperwork, you can call 2 hours after scanning to obtain your payoff. If the payoff request is received after 2:30 pm EST, please call after 10:00 am EST the following business day.
Please note: On COD loads, carrier will not be paid until Mercer has received the original check.
Settlements processed same day will be available in bank account next business day.

***Please include your trip or release number on all documents. ***

***Mercer accepts paperwork submitted via Transflo NOW, Transflo Express or Transflo Mobile+. Mercer does NOT use Transflo Velocity.***