Item 1 - General Rules

1. The provisions of this Circular apply to shipments arranged for any Shipper and its customer(s) by The Rail-Bridge Corporation® (RBC). The Rail Bridge Corporation is a Division of “K” Line America , not a separate corporation, and all references to “RBC” refer to “K” Line America , Inc. unless specifically stated otherwise. The term “Shipper” describes the entity with whom RBC deals directly, regardless of whether they are an intermediary, a carrier or cargo owner. The provisions of this Circular shall apply for the benefit of “K” Line America, Inc., its parent company, Kawasaki Kisen Kaisha, Ltd. (“K” Line) and their affiliates. It is Shipper's responsibility to make the contents of this Circular and its obligations hereunder known to all cargo interests and ensure compliance with all laws, regulations and rail or truck carrier requirements.
   
2. Shipper understands and agrees that RBC is acting only as an agent for Shipper (and its principals if it is not the cargo owner who is the sole Shipper party). RBC acts as nominee for Shipper in arranging domestic rail or truck services under its own name. Neither RBC, “K” Line America , nor any parent or affiliate company acts as a freight forwarder or a common or contract carrier of any kind in connection with any shipment. Shipper agrees on behalf of all cargo interests that neither RBC nor its parent or affiliates shall have liability to any person for cargo or other property loss, damage or delay or for personal injury or other damage occurring at any time. The terms and conditions governing railroad liability are contained in the railroad's governing publications and as set forth in the railroad contract clauses furnished herewith. All such terms and conditions apply to handling and movement of cargoes arranged by RBC as nominee. This Circular constitutes an offer by RBC to perform agency and nominee services. By requesting services, the Shipper accepts this offer and a binding contract is formed thereby, incorporating the obligations set forth herein. Shipper acknowledges, on its own behalf and on behalf of its customer(s) on whose behalf it acts in connection with any transaction that it has had the opportunity to declare a value for its goods and has declined to do so, thus all loss or damage limitations imposed by any carrier shall apply.
   
3. Shipper has the opportunity to execute an RBC Shipper Service Agreement prior to using RBC's services, but all provisions of this Circular shall apply automatically, regardless of whether such an Agreement is signed. Acceptance of RBC services is deemed to constitute agreement to all obligations imposed by this circular and all laws, regulations and rail or truck carrier requirements
   
4. Except as otherwise agreed in writing, this Circular sets forth the terms and conditions under which RBC will arrange transportation services for any Shipper, and all other cargo interests, including cargo owners. Shipper may act only as a “Shipper” as defined below or maybe an “Actual Shipper” as defined below.
   
5. If any part, term, item or provision of this Circular be held by a court or by any agency to be unenforceable, illegal, against public policy, or in conflict with any federal, state, or local laws, such part, term, item or provision shall be considered severable from the rest of the Circular.

Item 2 - Circular Revisions

RBC may revise this Circular at any time without advance notice to Shipper, and Shipper shall be bound by such revisions. All shipments are subject to the terms and conditions of this Circular, and all railroad documentation, as in effect at the time of the shipment.

Item 3 - Non-Application of Circular

This Circular governs the relationship between RBC and any Shipper, as well as the Shipper's customer(s), including the Actual Shipper. This Circular is not part of the contract of carriage between the rail carrier and the Shipper which RBC arranges as Shipper's and Shippers' customer(s). Nominee. THIS CIRCULAR PUTS ALL SHIPPERS AND THEIR CUSTOMER(S) ON NOTICE THAT ALL RAILROAD DOCUMENTATION IS BINDING ON THOSE PARTIES. Liability, freight claims, storage charges, weight of lading, released valuation, hazardous materials rules, loading rules, articles not accepted for shipment and all other conditions of the rail carrier contract of carriage are as set forth in the individual rail carriers' intermodal circulars, directories, Master Intermodal Transportation Agreement (MITA), memoranda and other documents as published by the rail carriers to govern intermodal shipments on their railroads, and in part as set forth in the contract provisions furnished herewith. SEE THE FOLLOWING WEBSITES FOR RAILROAD DOCUMENTATION WHICH IS BINDING ON ALL CARGO INTERESTS:

Union Pacific Master Intermodal Transportation Agreement (MITA)
http://www.uprr.com/customers/intermodal/mita.shtml

Norfolk Southern Rules Circular
http://www.nscorp.com/intermodal/ShowDoc/english/intermodal/system_information/general/intermodal_rules_circular.pdf

Canadian Pacific Tariff 7800 Intermodal Rules
http://www8.cpr.ca/cms/English/Customers/Existing+Customers/Bulletins/default.htm

BNSF Intermodal Rules and Policies Guide
http://www.bnsf.com/markets/intermodal/intermodal_rules_and_policies_guide.html

Shipper is responsible for any fines or charges levied by the rail carrier for failure to adhere to the rail carriers' documentation and is liable for any costs, damages, judgments, claims, losses, or expenses resulting from failure of Shipper or its customer(s) to follow applicable rules and regulations, whether legally or rail carrier imposed.

Item 4 - Rail Terminals

Listed below are rail terminals over which RBC-arranged shipments are moved. RBC also has available a number of empty depots associated with various terminals. As required, RBC will change the rail terminals over which shipments are moved.

Note:

1. Marine Terminal

Item 5 - Definition of Terms

Actual Origin: The point at which a container is loaded.

Actual Destination: The point at which a container is emptied.

Actual Shipper: Person who loads cargo or a vehicle for transportation, or any person with an ownership or other legal interest in the cargo.

C.O.F.C.: Container on Flat Car.

Chassis: A wheel assembly constructed to accept mounting of containers.

Container: A reusable shipping conveyance, not less than twenty (20) feet in length nor more than forty-eight (48) feet in length, outside measurement, specially designed to facilitate the carriage of goods by one or more modes of transport and fitted with devices to enable ready attachment to bogie or chassis.

Conventional Service: Refers to either generic stack or non-double stack movement.

Domestic Shipment: A shipment where the actual origin and actual destination is within North America and shipment of the cargo has no prior or subsequent water movement.

Gross Cargo Weight: Total weight of vehicle including cargo, packing materials, pallets and dunnage.

International Shipment: A shipment where the actual origin and/or actual destination is outside North America and/or shipment has prior or subsequent water movement.

Lading Weight: Weight of cargo within container.

Load: Arrangement, packaging, placement and securement of cargo within vehicle.

Notification or Notice: A party that is notified by telephone or fax that a vehicle is ready for loading/unloading or pickup/delivery. All shipments arranged by RBC move in “K” Line containers.

"K" Line Container: Any container owned, leased or controlled by Kawasaki Kisen Kaisha, Ltd. or "K" Line America, Inc.

Shipment: A quantity of freight tendered on one shipping document at one time for transportation between one point of origin and one point of destination.

Shipper: Any party involved with the transportation arranged by RBC: may be a wholesaler of intermodal transportation, an agent, association or motor carrier, or an Actual Shipper. All such persons accept all obligations of “Shipper” in this Circular.

T.O.F.C.: Trailer on Flat Car.

Terminal or Ramp: An intermodal facility used for loading, unloading and storing containers and trailers.

Ultimate Consignee: Receiver of goods. This may include agents, employees and independent contractors.

Vehicle: Container with or without bogie or chassis attached.

Item 6 - Hazardous Material & Indemnity

Under the rules and regulations of AAR, the Department of Transportation, and applicable local, state and federal laws, a Shipper is legally bound to adhere to the provisions of the BOE6000/ US DOT 49CFR (Code of Federal Regulations) for US shipments. Shipper must also comply with TDG (Transport of Dangerous Goods) regulations for Canadian shipments. In addition, all provisions of any carrier's rules circulars, directives, memoranda, the contract provisions furnished herewith, and all other documents pertaining to the transportation of any cargo, including explosives, dangerous articles, and other hazardous materials are binding on Shipper. The rail carrier has no liability for, or in connection with any damages incurred as a result of transporting hazardous materials, including damages resulting from any accident, leakage, or spillage of such materials, clean-up costs or damages claimed by third parties, if such hazardous materials are not declared in the shipping instructions or which are not correctly identified or certified pursuant to the rules of the underlying carrier(s). RBC, as agent and nominee, shall have no liability in connection with the transportation, and all obligations under the above-referenced documentation shall be borne by Shipper, who shall defend, indemnify and hold harmless RBC, its parent and affiliates, from any liability arising from any actions or transactions of any shipper.

Item 7 - Requirement for the Tender of Each Shipment

1. Shipper must provide complete and accurate shipping instructions to RBC at the designated RBC origin office (an up to date list is located on RBC's website www.Railbridge.com) at least two hours prior to the time the container is tendered to the rail carrier. The advance shipping instructions are necessary to provide time for the EDI billing to flow through to the rail carrier and prevent gate delays. Shipping instructions must include the following:
   1. Container Identification (Initial and Number);
   2. Origin Rail Terminal;
   3. Destination Rail Terminal;
   4. RBC Booking Number;
   5. Name of Shipper;
   6. Notify Party;
   7. Actual Receiver of Goods/Location Container to be loaded;
   8. Lading Weight;
   9. Equipment Size;
   10. Seal Number;
   11. Commodity;
   12. Hazardous Material Description, if Applicable; and
   13. RSCQ number if applicable.
       
2. RBC may audit the information submitted by Shipper as to commodity, actual shipper of goods, actual receiver of goods, actual origin, actual destination, applied rate, and other applicable information. Shipper will, upon reasonable request, make available to RBC sufficient documentation to substantiate the above information. If rate does not apply to the service actually provided then RBC will notify Shipper, who must correct such information immediately.
   
3. RBC agrees to exercise reasonable care to protect the confidentiality of all commercial information provided by the Shipper.
   
4. Should Shipper submit inaccurate shipping instructions or other shipment particulars to RBC, Shipper shall defend, indemnify and hold harmless RBC, its parent and affiliates for any liability, fines and/or fees that may occur as a result of the inaccuracy, including all legal fees and expenses.

Item 8 - Changes to Shipping Instructions

1. Should a Shipper request changes to the shipping instructions, RBC will make every effort to execute those changes, but cannot be held responsible if such changes cannot be effected.

2. Shippers must follow up written or faxed requests to change shipping instructions with a phone call to the RBC designated origin office in order to ensure receipt and feasibility of said written or faxed requests.
   
3. Shipper shall be responsible for any fines and/or fees levied by rail carriers that may occur as a result of the change in the shipping instructions.

Item 9 - Weight Restrictions

1. RBC does not assume responsibility for loading property into containers under the Intermodal Safe Container Transportation Amendments Act of 1996, 49 U.S.C. Chapter 59.
   
2. Shipper agrees to abide by all aspects of the Intermodal Safe Container Transportation Amendments Act of 1996. Shipper shall forward all required information to RBC, who shall in turn forward the information to the first carrier. RBC shall in no way be responsible for the accuracy or completeness of such information .
   
3. Containers must be loaded in accordance with rail carriers' intermodal requirements and governing law. Shipper is responsible for any charges resulting from the tender of overweight containers including rail carrier fines and the costs of adjusting the shipment's weight. Shipper is liable for all consequences of failure to arrange, package, block, brace, and load with due care (in accordance with container limitations), or failure to follow rail carriers' or legal requirements regarding loading, blocking, bracing, packaging or handling.

Item 10 - Diversion or Reconsignment

RBC will make a diligent effort to have the rail carrier execute a request for diversion or reconsignment, but will not be responsible if such service cannot be executed. Diversion or reconsignment requests must be confirmed in writing, including confirmation of agreement to pay specific charges (amount must be stated) quoted at time of request. These charges will be in addition to previously agreed charges for the shipment

Item 11 - Excess Dimensions

RBC does not arrange transportation for over-dimensional cargo for domestic shipments.

Item 12 - Prohibited/Restricted Commodities

1. In addition to the restrictions referenced by Item 3, RBC specifically prohibits shipments of the following commodities:
   
   1. Metal Coils
   2. iStone slabs
   3. Motor Vehicles
      
2. In addition to the restrictions referenced by Item 3, RBC will arrange for carriage of Household Goods but will not file a claim for wet damage on behalf of the Shipper where Shipper alleges that a defect in the “K” Line container was the cause of wet damage. “K” Line does not accept liability for Household Goods.

Item 13 - Unifrom Intermodal Interchange Agreement

RBC will only arrange interchange of shipments to motor carriers who maintain a current Uniform Intermodal Interchange Agreement (UIIA) on file with the IANA and “K” Line's UIIA Addendum Agreement; or, who sign a separate “K” Line Intermodal Interchange Agreement (KIIA). Interested motor carriers should contact “K” Line America 's office in Richmond , Virginia for an application at the address listed below:

"K" Line America, Inc.
NOSC, attn. National Equipment Department
8730 Stony Point Parkway, Suite 400
Richmond, VA 23235.

Shipper is responsible for insuring that all truckers maintain a UIIA and Addendum on file and Shipper is responsible for all claims, losses or damages resulting from failure of a trucker to have a UIIA on file, including attorney's fees and costs, and will defend, hold harmless and indemnify RBC and “K” Line against all such liability.

Item 14 - Free Time and Per Diem Charges

1. RBC implements the “K” Line rules as “K” Line's agent, regarding container and chassis free time and per diem charges, which are also on file with IANA, in “K” Line's Addendum to the UIIA Shipper agrees to be bound by all such rules. In the event there is a discrepancy between the rules listed in this Circular and the rules on file with “K” Line's Addendum to the UIIA, the UIIA Addendum rules will prevail.
   
2. In the absence of any specific agreement with the Shipper or motor carrier, the following free time shall be allowed and the following use charges assessed the motor carrier when equipment is in interchange for domestic shipments pertaining to movements loaded to or discharged from RBC-arranged train service.
   
3. FREE TIME
1. On all empty containers and chassis, the day of interchange and the first five (5) calendar days after the day of interchange will be considered days of grace during which no charges will be made for the use of the equipment (container and/or chassis). The per diem charges as per “TABLE OF CHARGES” will be assessed for each day or portion thereof until the equipment is returned.
   
2. On all loaded containers and chassis, the day of notification of availability and the first five (5) calendar days thereafter, commencing from 2400 midnight of the day of notification, will be considered days of grace during which no charges will be made for the use of the equipment (container and/or chassis). The per diem charges as per “TABLE OF CHARGES” will be assessed for each day or portion thereof until the equipment is returned.
   
   

   TABLE OF CHARGES
   Billable Day	Charge
   Day 1	$35.00
   Each day thereafter	$35.00

   
   
3. These per diem charges are subject to change with thirty (30) days’ notice.
   
4. PENALTY CHARGES
   
   1. On any equipment that is interchanged, held and returned empty, a flat penalty fee of $150.00 will be charged for a container not used.
      
   2. On any equipment that is interchanged, loaded and does not load on RBC-arranged train service, but moves to destination via another route, a penalty fee of $150.00 plus the detention charges (above) beginning at the time of empty pick up to its empty return at destination will be charged.
      
5. RAILROAD DESTINATION STORAGE CHARGES
   
   1. Shipper is responsible for all railroad terminal storage charges at destination. Storage charges will be calculated based upon the underlying rail carrier's applicable rules circular.
      
   2. Should a container be placed on a bad order or mismatched chassis, Shipper should notify RBC at our Chicago CTC, at (800) 644-3297, leaving a voice mail if there is no one available to take the call. Shipper must notify RBC prior to the container going on railroad storage or no storage charges will be waived. Any agreement to waive storage is at the discretion of RBC.

Item 15 - Force Majeure

If by reason of Act of God, including, but not limited to, floods, storms, earthquakes, hurricanes, tornadoes, Act of public enemy, war, blockade, insurrection, vandalism or sabotage; fire, accident, wreck, derailment, washout, or explosion; strike, lockout or labor dispute; embargoes or AAR service orders; governmental laws, orders or regulations or other circumstances beyond the control of either party, there is interference with the performance of any carrier's service or with the services RBC agrees to perform, neither RBC or the carrier shall be responsible to Shipper for such failure to perform. RBC shall promptly notify Shipper of each such occurrence.

Item 16 - Container Use Restrictions

1. Shipper shall not load "K" Line containers via rail service to any destination not agreed to by RBC. Shipper shall route containers only over RBC approved routes and via approved rail carriers.
   
2. Shipper shall promptly return containers and chassis in good repair and serviceable condition, ordinary wear and tear excepted. Shipper shall return containers free of debris, lading, blocking, bracing, strapping, paper, unnecessary hazardous materials placards and contaminants, or shall pay RBC for the cost of their removal.

 Item 17 - Sourcing Empty Equipment

1. To obtain empty “K” Line containers and/or chassis for domestic shipments through RBC, Shipper can book RBC online via Interbox at www.interbox.com. Alternatively, Shipper may contact the RBC Area Representative responsible for bookings at the rail terminal from which it desires to source equipment. (See www.Railbridge.com for a current list). Shipper must obtain an RBC booking number prior to loading a box with domestic freight. For street turn shipments, where the Shipper sources an empty “K” Line container directly from a motor carrier and not from a CY or terminal, Shipper cannot book via Interbox, but must contact RBC directly for a booking number.
   
2. To obtain empty containers for international shipments, Shipper must contact their local “K” Line America Representative.
   
3. It will be the Shipper's responsibility to inspect “K” Line containers and all chassis carrying same for any structural defects, and Shipper is responsible for rejecting any such equipment, which has any defect. Neither RBC, nor “K” Line warrants any equipment to be free from defects. Shipper is responsible for the integrity of the equipment in their possession.

 Item 18 - Transit Time

RBC will encourage rail carriers to transport shipments in intermodal service within applicable scheduled times, but neither RBC nor carrier guarantees delivery by any particular date or time.

Item 19 - Transborder Shipments

Shipper is liable for any additional costs or charges incurred at border crossings on Mexican and/or Canadian shipments. This includes all documentation costs and rehandling charges to reposition containers customs officials have required for inspection.

Item 20 - Credit

1. Shipper must establish credit satisfactory to RBC, including whatever credit guarantees are required by prior to any services by RBC. Requests for credit or for reinstatement of credit should be submitted to the following:
   

   “K” Line America, Inc.
   NOSC, attn. Accounting Manager
   8730 Stony Point Parkway
   Suite 400
   Richmond , VA 23235

2. RBC does not arrange collect shipments. Credit is extended based solely on the credit-worthiness of the Shipper who is RBC's Shipper, RBC's only point of contact, but all Shipper parties guarantee payment credit of all charges billed by RBC for its and all arranged services.

3. Upon request, Shipper agrees to provide documentation as to its financial condition and other relevant information. Shipper agrees to provide this on a timely basis.
   
4. If Shipper fails to utilize RBC for a period of 18 consecutive months, then credit will automatically become void. Shipper must re-establish credit prior to utilizing RBC's services.

Item 21 - Payment of Freight Charges

1. Shipper must pay or send written notification of dispute on all freight or miscellaneous bills within fifteen (15) days of receipt of billing. Payment shall be made by bank check, cashier's check, wire transfer, or money order.

2. If Shipper disputes charges, Shipper shall pay the amount it deems correct and must provide back-up documentation along with the written notification of dispute within fifteen (15) days of receipt of billing.

3. If RBC shows that a disputed item(s) identified by Shipper pertains to service the Shipper received, and the charge appears to be in the proper amount for the service, a balance due will be forwarded to Shipper and must be paid within fifteen (15) days of receipt.

4. Should a draft drawn by RBC against Shipper's account not be honored, or a wire transfer or other payment not be received by RBC on its due date, RBC may immediately place Shipper on a cash basis and may terminate any Shippers' RBC Rail Service Agreement upon 10 days' written notice. Such termination shall not relieve the Shipper of any obligations incurred prior to termination.

5. All monies should be sent to:

   "K" Line America, Inc
   RIC NOSC, attn. Liner Accounting Department
   8730 Stony Point Parkway, Suite 400
   Richmond, VA 23235

Item 22 - Overcharge Claims

Overcharge claims must be submitted in writing and received by RBC no later than five (5) months after delivery date of shipment to allow time for processing with the rail carrier within the six (6) month limitation. All claims must contain as a minimum:

1. Copy of original paid freight bill; and,
   
2. Price authority for both the disputed and sought rate, including an explanation of the circumstances causing the claim for damages.

Item 23 - Suit Under This Circular

In the event that RBC must file a suit to collect any charge arising under this contract, Shipper shall be liable for interest from the date the payment was due (15 days after receipt of billing) at the maximum rate of interest allowed by law in the jurisdiction in which suit is filed. Court costs and attorney’s fees shall also be for Shipper’s account.

 Item 24 - Rates

1. Domestic rates may only be used for domestic traffic. International traffic cannot move under domestic rates.
   
2. All domestic traffic tendered by Shipper for RBC-arranged transportation is governed by charges and conditions of service contained in the “RBC Rate Schedule” (FAK) or by a Rail-Bridge Special Customer Quotation (RSCQ). Unless specifically stated otherwise, all RSCQ or FAK charges include only ramp-to-ramp linehaul charges. If an RSCQ is being utilized, the RSCQ number must be included on the shipping instructions. Failure to indicate proper RSCQ on Shipping Instructions will result in tariff rate being assessed.
   
3. All rates and charges will be published with specific effective and expiration dates. RBC may increase rates and charges on not less than thirty (30) days' written notice to Shipper.
   
4. Thirty (30) days prior to the expiration of the RBC charges matrix, RBC will provide Shipper with a copy of an updated matrix. Shipper may distribute copies to affiliated offices within its organization. However, RBC matrixes are confidential and shall not be disclosed to any party not directly affiliated with Shipper without the consent of RBC.
   
5. In cases where RBC agrees to assist IMCs by paying railroad accessorial charges such as flips, storage, etc that are for the charge of the IMC and then billing the IMC for these charges, RBC will access an administrative fee of $25. RBC is not obligated to perform this service.

Item 25 - Penalty for Shipping International Loads under Domestic Rates

RBC will add a penalty charge on international loads moving under domestic charge matrices. An international load is deemed to be any load, which is taken to a west coast, east coast or gulf coast terminal, loaded and is not returned within 30 days. These loads will be assessed a penalty charge of $500.

 Item 26- Loading Responsibility

Loading of container shall be at the Shipper's expense, Shipper shall be responsible for the exercise of due care in arranging, packaging, securing, blocking, bracing, and loading in a manner to prevent damage to container, cargo, and carrier's equipment or other property and shall comply with container limitations, Federal, State and Municipal, laws and the rules and regulations of the underlying rail carriers as set forth in the individual rail carriers' intermodal circulars, directories, memoranda and other documents. Shipper will defend, indemnify and hold RBC and “K” Line and all affiliates harmless for any claims involving loss or damage which may have been caused by breach of their obligations.

 Item 27 - Liability and Claims for Loss & Damage to Cargo

1. RBC arranges intermodal services across a North American network involving a number of rail and motor carriers. Shipper agrees that RBC shall have no liability of any kind, including for cargo loss, damage or delay. The terms and conditions governing a participating carrier's liability and limitations on claims or suits are contained herein, in the railroad and motor carrier's governing publications, in the contractual provisions furnished herewith, and in applicable law.

2. In the event a Shipper's cargo should suffer a loss or should be damaged during movement via RBC-arranged services, RBC will work on Shipper's behalf with the participating railroad(s) or any other potentially liable party to resolve loss and damage claims.
   
3. Notice of any loss or damage must be brought to the rail carrier's and RBC's attention immediately, but no later than 24 hours after occurrence.

Item 28 - Limits of Liability

Carrier liability for each container is limited to a maximum of $250,000 unless otherwise requested by Shipper to increase liability. There will be an additional charge for increased liability coverage. Carrier liability is governed by the carrier's circulars and other documentation, as furnished herewith and as contained in any other rail carrier tariffs or other publications. Shipper acknowledges on behalf of itself and any other shippers that they have been given the opportunity to declare a higher value and have declined.

Item 29 - Claims Procedure

1. For the Shipper's convenience, for loss or damages of $250.00 or higher, RBC will file formal claims with the rail carriers or any other potentially liable party detailing the circumstances of, the extent of, and the cost to repair damages in excess of specified amounts.

2. If the Shipper wishes to file a claim directly with the rail carrier, RBC will issue an assignment of claim interest, giving over all rights, title and interest in cargo damages that occurred while in the rail carrier's care and custody.

3. Regardless of the above, Shipper must notify in writing the local RBC/“K” Line America office of any loss, damage or shortage immediately, but no later than 24 hours after occurrence. If at all possible, devanning the container should cease immediately upon discovery of cargo damage or a shortage. RBC may arrange an independent survey, although the cargo insurer may arrange a survey of their own. The RBC survey will be ordered by RBC counsel and is strictly for internal use only.

4. RBC will file a claim for wet damage (except for Household Goods) on behalf of the Shipper where Shipper alleges that a defect in the “K” Line container was the cause of wet damage. However, if Shipper does not notify the local RBC/”K” Line America office within 24 hours of discovery of the alleged damage and give RBC an opportunity to arrange an immediate in-container survey on behalf of “K” Line, then “K” Line shall have no liability for such damage and such claim will be barred.

5. Claims must be filed in writing to the address below and must be received by RBC no later than nine (9) months from date of delivery or if not delivered the date in which the cargo should have been delivered . If submitted claims have not been acknowledged by the Claims department within thirty (30) days, please contact the department immediately at either the phone number listed below or at (800) 609-3221 option 5 or e-mail the department at Ricbclaims@us.kline.com. Please fax copies of the original claim, with supporting documentation to the fax number listed below.

   “K” Line America, Inc.
   Attention: Claims Department
   8730 Stony Point Parkway, Suite 400
   Richmond , VA 23235
   Tel: (800) 609-3221, option 5
   Fax: (804) 560-2014 or (804) 560-2191.

6. The following documents must be submitted to the RBC Claims department in order for RBC to file a formal claim with the proper party.
   
   1. A written, formal statement of the claim, outlining the claim amount.
   2. Information to identify the shipment including the equipment initials and number, approximate date the shipment was initiated, commodity(s) involved and the actual shipper's and receiver's names and locations.
   3. Shipping documents.
   4. Paid freight bill.
   5. Copies of the commercial invoice and packing list.
   6. Delivery record showing the condition and quantity of the cargo at the time it was unloaded. Copies of the claimant's survey (if applicable).
   7. Verification of loss or damages; photos, if any. Digital pictures are acceptable and should be forwarded via e-mail to the Claims department mailbox. The e-mail address is ricbclaims@us.kline.com. Please submit them in a JPEG format for easy transmission.
   8. Certificate of disposal or destruction.
   9. Shortage claims should also include the following:
      • Seals applied by the Actual Shipper and documents to show the number of pieces that were loaded.
      • Seals that were recorded at time of unloading as well as documents to show the number of pieces that were unloaded and the quantity and type of product that was noted short.
      • Interchange documents to show seal records at the time the shipment was delivered to and received from the rail carriers. The origin and destination drayage companies should have these documents. They must be furnished prior to filing a claim with the individual railroad. If the shipment involves multiple contracts of carriage and a drayage company was involved, interchange records must also be provided.
   10. Disposition of the damaged product. Some examples of disposition include disposal or destruction, evidence of reconditioning and selling on a secondary market to mitigate the loss or a reasonable salvage in lieu of rejection of the product.
7. It is the Shipper's responsibility to take all necessary steps to mitigate the loss.