Dear Valued Customer We recognize the importance of customer satisfaction and promptly resolving issues brought to our attention. The following “quick reference guide” has been compiled to provide customers with answers to their most frequently asked questions and to assist with resolving the concerns that may arise from time to time. Please review this document at your earliest convenience and share the information with your Purchasing and Receiving Department personnel. We also invite you to contact your NTC Customer Service Representative or Sales Representative with any questions regarding the information contained in this guide. Thank you in advance, for your continued support and cooperation as we strive to improve our processes and provide you with exceptional customer satisfaction. Sincerely, Craig Erdman OS&D Manager Debbie Gross Claims/OS&D Cust Service

TABLE OF CONTENTS

SUBJECT PAGE Contact List 4 Over, Short & Damage (O.S.&D.) 5-6 FAQ 7 Glossary 8-9

NEBRASKA TRANSPORT COMPANY CONTACT LIST TERMINALS (Contact your closest terminal) Alliance, NE (308) 762-7000 Chicago, IL (630) 752-9470 Denver, CO (303) 295-0667 Des Moines, IA (515) 266-3727 Grand Island, NE (308) 382-8425 Kansas City, KS (913) 281-9991 Lincoln, NE (402) 474-6770 Minneapolis, MN (605) 413-3626 North Platte, NE (308) 534-7410 Omaha, NE (402) 331-8116 Rapid City, SD (605) 923-6499 Scottsbluff, NE (308) 635-1214 Sidney, NE (308) 254- 7133 Sioux Falls, SD (605) 543-6046 St Louis, MO (314) 383-0568 Corporate- Scottsbluff, NE Office (800) 347-6331 Fax (308) 635-2851 OS&D / Claims Dept Craig Erdman OS&D Manager Ext. 171 craig.erdman@nebt.com Debbie Gross Claims/OS&D Customer Service Ext. 174 debbieg@nebt.com

CONCEALED SHORTAGE OR DAMAGE

In the case of a concealed damage and/or shortage, O. S. & D., must be made aware of the situation immediately in order to launch an investigation. Therefore it is important that the receiver contact Nebraska Transport Company (N.T.C.) O.S. & D. Department as soon as possible. If your business has received a package and upon opening the package notice that the item(s) are missing or damaged, the carton and packaging should be retained and the N.T.C. Customer Service / O.S. & D. Department should be informed immediately. Please do not alter or destroy the package or its contents until N.T.C. has provided a release. Based on freight rules, N.T.C. must be given an opportunity to inspect the packaging and product in order to asses its liability. If the original packaging in not kept, N.T.C. is within its legal right to decline the claim. Concealed damages must be reported to the carrier within 15 days of shipment delivery. However, reporting the discrepancy to N.T.C. within this time frame only serves to start the inspection process to determine liability.

REPORTING CONCEALED SHORTAGES OR DAMAGES

When calling it is important to have the following information available: o The tracking number (or PRO number) on the shipment or on your freight bill in the

upper right hand corner. o The Purchase Order number or Bill of Lading number. Sometimes found on the

packing slip. o The items missing or damaged.

Keep the original carton and packaging, as N.T.C. will want to inspect the carton. If the

carton(s) is not kept, N.T.C. will not assume liability, and is within our legal right not to do so.

PROPER RECEIVING PROCEDURES Claims may sometimes be denied due to errors made in the receiving process. We ask that you be aware of and review the following and if they are not already a part of your receiving process, they are added in an effort to reduce the risk of claim denial:

Delivery receipts should not be signed until after the shipment has been inspected for apparent damage and/or shortage.

o This process should not take more than a minute and only involves physically scanning the delivery for obvious damage to cartons, torn stretch-wrap, crushing, etc.

o Signing Subject to Count or Subject to Inspection is NOT an accepted industry practice, does not legally bind the carrier and can rarely be used to substantiate a claim.

Damages such as puncture marks, crushing, open seams, torn wrap, fork lift damage, etc.

should be noted on the delivery receipt; photographs should be taken when possible. o Shipments reported to be damaged should be kept intact; please do not alter or

destroy the package or its contents until N.T.C. has provided a release. Based on freight rules, the carrier must be given an opportunity to inspect the packaging and product in order to assess its liability. If the original packaging is not kept, N.T.C. is within its legal right to decline the claim.

FREQUENTLY ASKED QUESTIONS

1. What is the responsibility of the customer when receiving freight from a carrier? At the time the freight is delivered (prior to the driver leaving), the receiver is responsible for verifying the quantity received matches what is shown on the delivery receipt. All items should be counted, and reviewed for visible damage and shortage. If there is damage, shortage, or overage, the discrepancy must be noted on the delivery receipt. If the discrepant items are not noted, documentation will support only a clear delivery and the cost of replacing the item(s) will be assessed on the receiver.

2. What do I do if I suspect that a portion or all of my shipment is damaged? The customer has the right to refuse the shipment or a portion of the shipment if there is visible damage and is deemed to have no value. In other words, there is no value in repairing or mitigating efforts. If the shipment or a portion of the shipment is refused, the customer should note on the delivery receipt “REFUSED DUE TO DAMAGE”. The number of cartons damaged should also be noted. The carrier will then call the shipper for disposition. The customer should call their assigned N.T.C. Customer Service Rep. or Team to report the damage. It is the duty of the consignee and the shipper to mitigate claims.

3. Damage vs. Defective? It is very important to distinguish the difference between damaged or defective product in order to determine the root cause and take corrective action. For example, if a customer receives a padlock and the lock fails to engage, it would be considered “defective” and liability falls on the Shipper. If, however, a customer receives a box of padlocks and that shows signs of mis-handling such as dents, wet boxes, etc. it is considered “damaged”, and a claim would be filed against the carrier. Please note: The carrier may need to inspect such items so unless the shipment has been refused the damaged product and packaging should be kept by the customer pending investigation. (See section on “Receiving Procedures”)

4. While opening up the cartons, I discovered damage, but I have already signed the delivery receipt “clear” and the carrier has left; what course of action do I take? While any visible damage should be noted at the time of delivery, it is understandable that at times concealed damages may occur. By law, concealed damages are to be reported to the carrier within 5 days after the shipment delivered. Keep in mind, however, this process only serves to initiate the inspection process to determine liability- it does not warrant the immediate filing of a carrier claim. Therefore, it is critical that concealed damages be reported to N.T.C. O.S.&D. Department promptly. Remember to retain the original packaging in case the carrier wishes to perform an inspection (see section on Concealed Shortages & Damages).

GLOSSARY

BILL OF LADING Legal document used to detail the origin, destination and contents of shipment (description, weight, pieces, etc.), and to declare the responsible party and payer of freight charges.

CARRIER CODE A four digit code that signifies the carrier that most likely will, or has already handled a particular shipment.

CLAIM Process entered into with a carrier to recoup funds for lost

or damaged product.

COLLECT Carrier will bill the receiving party for the freight charges.

(This does not mean that the carrier will collect cash at the point of delivery; customers preferred carrier is used with collect terms).

CONSIGNEE Party to whom the shipment is addressed. DELIVERY RECEIPT Document providing delivery to a given location, showing

delivery date, signature and pieces delivered.

F.O.B. DESTINATION Shipper’s preferred terms. Freight on board at destination.

Consignee does not take responsibility for shipment until it is delivered to the destination.

F.O.B. ORIGIN Freight on board at origin. Consignee takes responsibility

for the shipment at the point of shipment (these terms are rarely used).

L.T.L. Less than truckload. Shipments too large to ship small

parcel but not big enough to fill an entire trailer. OVERAGE A delivery where the receiver notes receipt of more cartons

than showing on shipping documents. P.O.D. Proof of delivery.

PREPAID Shipper’s preferred terms. Carrier will bill the shipper for freight charges.

PREPAY & ADD Carrier will bill the shipper for freight charges and the

shipper will, in turn, bill the receiver. PRO NUMBER Invoice or tracking number associated with an L.T.L. or

truckload shipment, also used for tracing. Truckload shipments are sometimes referenced with a “trip” or “load” number.

RECONSIGNMENT To change the consignee’s delivery address on a shipment

while it is in route to a customer (re-consignments must be authorized by the shipper or shipper’s transportation company).

SHORTAGE A delivery where the receiver notes receipt of fewer

cartons than showing on shipping documents. TERMINAL A carrier’s facility where shipments are processed.

Transportation will commonly refer to the “delivering terminal” which is a particular facility responsible for final delivery to our customer.

TRACE The process used to determine the status of a shipment in

route to our customer.

TRACKING NUMBER Number associated with small parcel or air shipment, also

used for tracing.

TRANSIT TIME The (standard) amount of time it takes for a carrier to

deliver product to a given point. Transit time does not include the day of shipment, weekends or holidays. If a shipment is tendered to the carrier too late in the day, the actual date of shipment may be the next business day.

TRUCKLOAD Generally used to describe large volume shipments

consuming more than 24 feet of an L.T.L. carrier’s trailer or 16,000 + pounds.

NTC’s Tariff is our guide to our business practices and regulations that we employ in our regular day to day operations and special circumstances.

One of the specific topics in the tariff is the addressing of Released Value and Liability Limitations.

Let’s dig down a bit for specifics on Released Value and Liability Limitations.

Carmack Amendment-Governs motor carriers, freight forwarders and

RR’s.

Carmack Amendment (cont)I.C.C. Termination Act of 1995 enacted- divided

Carmack into 2 parts. 49 U.S.C. 14706 – motor carriers and freight

forwarders49 U.S.C. 11706 – railroads

Carmack’s original purposes:Adopt a uniform standard of liability for

interstate surface transportation as stated in Adams Express Co. v. Croninger, 226 U.S. 491 (1932)

Adams Express v. Croninger (cont)Carmack was amended by the First Cummins

Amendment which stated, a carrier must issue a bill of lading or receipt and be liable for loss, damage or injury to such property.

Codify the common law liability of common carriers liable for “actual loss” of goods sustained while in their possession.

Created joint and several liability for originating and delivering carriers, thus ending the inconvience of shippers bringing actions against multiple connecting carriers.

Carmack’s orig. purposes (cont)

Require the issuance of a uniform contract of carriage and apply its terms regardless if one was issued by the carrier to the shipper.

Put and end to the conflict in state courts over the extent of originating carrier liability.

Prohibit limitations of liability unless approved by the Interstate Commerce Commission prior to their publication.

Carmack’s orig. purposes (cont)

Provide uniform time limits for the filing of claims and lawsuits.

Prescribe the place where carriers may be sued (venue)

Apply the laws governing water carriers when the loss occurred while in the water carrier’s possession.

Apply these liability provisions to re-consigned shipments

Carmack’s orig. purposes (cont)

Exclude switching carriers from these provisionsProvide for the use of freight forwarder bills of

lading and delivery receipts by motor carriers when delivering goods for freight forwarders.

Enable the originating or delivering carrier that was required to pay for a loss; to be indemnified by the connecting carrier over whose line the loss occurred.

Released rates- Although the Carmack Amendment requires railroads to

assume liability for the full value of goods transported, railroads may limit their liability by providing a released rate or more clearly stated, a rate under which the goods are released at a “value established by a written declaration of the shipper or by a written agreement between the shipper and the carrier.”

This critical provision was interpreted by the United States Supreme Court in Adams Express v. Croninger, to mean that a carrier could under the Carmack Amendment-

Released rates (cont)-

……by a fair, open, just and reasonable agreement limit the amount recoverable by a shipper in cases of loss or damage to an agreed value made for the purpose of obtaining the lower of two or more rates or charges proportioned to the amount of risk…….

When the I.C.C. Termination Act was enacted in 1995- this divided Carmack Amendment into 2 parts. One governing R.R.’s and one for motor carriers and freight forwarders.

Both modes must have a bill of lading or receipt for liability and actual damages.

No uniform limit of liability for motor carriers in Carmack.

No B/L issued- no reference to a carrier’s tarriff. Carrier will be held to FULL VALUE LIABILITY!

Carmack Amendment allows 5 ways to get out of a claim.Act of God Public EnemyAuthority of LawAct or default of shipper or ownerInherent Vise

Courts have held a carrier is bound by provisions in Carmack

Since the previous 5 are sometimes very difficult to prove, carriers rely on 49 U.S.C. sub section 10730 of Carmack

49 U.S.C. sub section 10730- requires the shipper’s written agreement to a carrier’s offer to reduce its rate in return for the shipper’s declaration of a lower value on a shipment

What Released Value means to me?NTC’s tariff and bills of lading explicitly address

released value and liability limitations.First lets take a look at the NTC bill of lading.

Basics first- what is a bill of lading and what does it do?

“The bill of lading is the basic transportation contract between the shipper-consignor and the carrier; its terms and conditions bind the shipper and all connecting carriers”. Southern Pacific Transportation Co v. Commercial Metals Co., 456 U.S. 102 (1982)

Bill of lading (cont)“Additionally, bills of lading are a necessary

element of proving a claimant’s prima facie case in a court action” Consolidated Rail Corp v. Uhlmann Co., 1988 Fed. Car. Cas. & Refrigerated Transport Co. Inc v. Hernando Packing Co 1976

Liability Limitations on NTC’s bill of lading-There is a liability limitation on our bill of

lading and it is up to the shipper to make sure that they understand what he is covered for.

Released Value and Liability Limitations

NO of Pkgs

HM X

Description of Articles, Special marks and Exceptions

List Hazardous Materials First

Weight

Class

Bill of Lading Subject to B/L Terms

Toll Free: 800-347-6331 NEBT

http://www.nebt.com

Date: 1/08/09 Load Number: ______________

P.O. Number: ______________ Routing:

Quote #:

Shipper

Consignee

Freight Charges Terms Prepaid Collect Third Party

Unmarked bills of lading will be billed as PREPAID by the shipper Changes in terms to collect will not be accepted after freight has been delivered

Section 7 signed? □ Yes □ No Section 7 signature will not be accepted on a prepaid or third party bill.

Mail Freight Bill To

Name Street City/State/ZIP Phone Account #

Remit C.O.D. to (if other than shipper) ____________________________________________________________ ____________________________________________________________ ____________________________________________________________

(Address C.O.D. should be mailed to)

Pro Number ______________________

Attach Pro Sticker Here

The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $____________ per pound. If the value is not here stated, carrier’s liability shall not exceed $7.50 per pound per piece or the actual value at cost, whichever is less. Special Instructions: _______________________________________________________________________________________________________ ____________________ ___________________________________________________________________________________________________________________________________________ This is to certify that the above-named materials are properly classified, described, packaged, marked and labeled and are in proper condition for transportation according to the applicable regulations of the Department of Transportation. Shipper Carrier Signature Signature _______________________________ & Driver No. ___________________________________________ Date

Driver Signature only acknowledges receipt of goods Quantity ___________________________

Received, subject to the classifications and tariffs in effect on the date of the issue of this Original Bill of Lading, the pr operty described above, in apparent good order, except as noted (contents and condition of packages unknown), marked, consigned, and destined as indicated above, which said carrier (the word carrier being understood throughout this contract as meaning any person or corporation in possession of the property under the contract) agrees to car ry to its usual place of delivery at said destination, if on its route, otherwise to deliver to another carrier on the route to said destination. It is mutually agreed, as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at the t ime interested in all or any of said property, that every service to be performed hereunder shall be subject to all terms and conditions of the Uniform Domestic Straight Bill of Lading set forth in the National Motor Freight C lassification and/or carrier’s tariff(s). Carrier’s tariff(s) are on file at the carrier’s place of business.

C.O.D. Amount: _____________

Consignee Check OK? □ Yes □ No

C.O.D Fee □ Prepaid □ Collect

Released Value and Liability Limitations

The agreed or declared value of the property is hereby specifically stated by the shipper to be not exceeding $____________ per pound. If the value is not here stated, carrier’s liability shall not exceed $7.50 per pound per piece or the actual value at cost, whichever is less. Special Instructions: ___________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________________ This is to certify that the above-named materials are properly classified, described, packaged, marked and labeled and are in proper condition for transportation according to the applicable regulations of the Department of Transportation. Shipper Carrier Signature Signature _______________________________ & Driver No. ___________________________________________ Date

Driver Signature only acknowledges receipt of goods

Bill of lading (cont)Each of our bills of lading cap our liability at

$7.50 per pound per piece. This is why it is important to have every shipment

we originate to be on an NTC bill.

The actual hard copy of our bill of lading also states, “……..$7.50 per pound per piece, the actual value or NMFC release value, whichever is less.”NMFC has specific items that have specific

release values which are either higher or lower than our bill of lading.

F.A.K. PricingCertain shippers have negotiated F.A.K. pricing.

NTC’s tariff addresses those liabilities as well.

When negotiating a F.A.K. pricing contract-

PLEASE ADDRESS THE LIMITED LIABILITY THAT NTC WILL HAVE ON THESE SHIPMENTS!!!!

1. Freight All Kinds (FAK) Pricing

Carrier’s liability for loss or damage to any article(s) or part(s) thereof for which the charges are determined by class exception ratings or freight of all kinds (FAK) class exceptions is limited to the (1) actual invoice value of the article(s) lost, damaged or destroyed; (2) limited liability provisions of the bill of Lading; or (3) applicable limited liability provisions of the NMFC (note 1); whichever is less, subject to the maximums by exception class as shown below, unless a higher value is declared and additional charges are paid.

Class Exception *Maximum Liability Per Hundredweight

50 $1.00

55 $2.00

60 $2.50

65 $4.00

70 $6.50

77.5 $7.00

85 & up $7.50 * Maximum liability per pound per individual lost or damaged piece within the shipment.

(1) When a number of individual pieces have been unitized, strapped or otherwise fastened together, boxed, packaged or contained on pallets or skids, or have been over packed in additional complying package, Carrier’s liability will be determined by separately multiplying the lowest level of liability for the commodity being shipped times the weight of the total number of individual pieces lost or damaged and not on the basis of the weight of the total number of pieces.

We have paid several claims to shippers for full replacement on items damaged in a F.A.K. pricing contract.

If we address what we are liable for when we sit down with the shipper, there should be no worries when it comes to filing a claim.

Here are some examples of contracts that we have with shippers that are F.A.K. pricing.

Draft MAR 8 2005 NEBT 600 NEBRASKA TRANSPORT CO., INC. Section 2

Discount and Rate Application Account No.(s) 159112 182538 172309 163568 160253 203091 163555

Applicable on all qualified shipments as outlined in item 150, except as noted, where pickup or delivery service is provided in accordance with the provisions as shown in that item.

For: S P RICHARDS CO AT: NTC DIRECT SERVICE POINTS Between Direct NTC origin points and : Points in The States Of:

S P RICHARDS CO Company Name SW/KCY Cancels page dated: NEW

The provisions published herein will, if effective, not result in an effect on the quality of the human environment or energy consumption

Issued: JANUARY 17, 2006 Effective: JANUARY 17, 2006

Issued By: Brent Holliday, President PO Box 1646 Scottsbluff, NE 69363-1646 Phone: (308) 635-1214

Notes and Exceptions 1 Kansas City, Maryland Heights, Denver: 79.00% discount will be applied to freight charges, exclusive of accessory service charges subject to a floor minimum charge of $46.00 at direct service points and $75.00 at interline points. The minimum charge to all points in Illinois, Indiana and Wisconsin will be $65.00. 2 Elk Grove Village: 79.00% discount will be applied to freight charges, exclusive of accessory service charges subject to a floor minimum charge of $65.00 at direct service points and $65.00 at interline points. 3 Unless otherwise specified below minimum charges are subject to annual change at the time of the annual general rate increase. Minimum charges are as published in item 150 of this tariff. A 60% discount will apply to provinces of Canada except Nunavut. Minimum charges applicable in Canada are: Nova Scotia, New Brunswick, Newfoundland, Prince Edward Island: $135.00 Ontario, Quebec, Manitoba, Saskatchewan, Alberta: $120.00 British Columbia: $135.00 Yukon, Northwest Territory: $150.00 A $15.00 border crossing security charge will apply on all shipments to Canada. 4 The discount percentage will apply on outbound prepaid and collect shipments, inbound collect from NTC direct points and on shipments where freight charges are billed to a third party or to the party shown above for whom this tariff is published. When the consignee or the third party paying the freight charges also has published pricing provisions those provisions shall apply. 5 Rates to be applied will be as published in NEBT 500 series tariff and subsequent re-issues or supplements thereof. Rates to Canada will be taken from the NEBT 500 series tariff in effect on the day of shipment. 6 The discount will also apply on C.O.D. shipments. 7 Shipments will be subject to fuel surcharges, when effective, as published in NEBT 125 Rules Tariff Supplement 1. 8 In the event that SHIPPER, at its sole discretion, acquires, employs or uses the services of a third party logistics, freight bill auditing or freight payment company to audit or pay for services performed on behalf of SHIPPER by CARRIER and such third party logistics, freight bill auditing or freight payment company fails to pay, becomes insolvent or seeks any manner of bankruptcy protection, the SHIPPER will remain legally responsible to CARRIER for payment of all charges or balance due payments due to CARRIER for services rendered and billed meeting the criteria of this tariff. 9 This agreement supercedes, on the effective date shown, any previous agreement. 10 An FAK class 50 will be applied on all items classed in the NMFC on outbound shipments and on inbound shipments from direct service points.

Colorado Illinois Iowa Kansas Minnesota Missouri Nebraska New Mexico

North Dakota Oklahoma South Dakota Wisconsin Wyoming Canada Except Nunavut

Tennessee zips: 38003, 38007-18, 38024, 38053, 38059 38101-99, 38257, 38261 Mississippi zips: 38637, 38641, 38651, 38654, 38671, 38680 Kentucky zips: 42001-99 Arkansas zips: 72301, 72315

KANSAS CITY, MO MARYLAND HEIGHTS, MO DENVER, CO ELK GROVE VILLAGE, IL

In this tariff the

class is addressed

under item 10.

“A F.A.K. class 50

will be applied on

all items classed

in the NMFC on

outbound

shipments and on

inbound

shipments from

direct service

points.” So under

our tariff we

should be liable

for $1.00/cwt

(hundredweight).

In this tariff the class

is addressed under

item 8. “F.A.K. 55

(50-550) for all

freight.” So under

our tariff we should

be liable for

$2.00/cwt

(hundredweight).

This is why it is so

important that we

have to address our

liability limitations

with our shippers for

a couple of reasons.

1) mitigate our losses

when/if a claim

comes along. 2) to

not surprise our

customers when they

file a claim.

Draft MAR 8 2005 NEBT 600 NEBRASKA TRANSPORT CO., INC. Section 2

Discount and Rate Application Account No.(s) 169018

Applicable on all qualified shipments as outlined in item 150, except as noted, where pickup or delivery service is provided in accordance with the provisions as shown in that item.

For: WARREN DISTRIBUTION AT: 2849 RIVER ROAD, COUNCIL BLUFFS, IA 51501 Between Direct NTC origin points and : Points in The States Of:

WARREN DISTRIBUTION Company Name 2849 RIVER ROAD Address COUNCIL BLUFFS, IA 51501 City, State, Zip Code BC/OMA Cancels page dated: REVISED 7/12/05

The provisions published herein will, if effective, not result in an effect on the quality of the human environment or energy consumption

Issued: NOVEMBER 15, 2005 Effective: NOVEMBER 15, 2005

Issued By: Brent Holliday, President PO Box 1646 Scottsbluff, NE 69363-1646 Phone: (308) 635-1214

Notes and Exceptions 1 A 78% discount will be applied to freight charges, exclusive of accessory service charges subject to a floor minimum charge of $55.00 at direct service points and $55.00 at interline points. The minimum charge to all points in Illinois, Indiana and Wisconsin will be$55.00. Unless otherwise specified below minimum charges are subject to annual change at the time of the annual general rate increase. Minimum charges are as published in item 150 of this tariff. A 60% discount will apply to provinces of Canada except Nunavut. Minimum charges applicable in Canada are: Nova Scotia, New Brunswick, Newfoundland, Prince Edward Island: $135.00 Ontario, Quebec, Manitoba, Saskatchewan, Alberta: $120.00 British Columbia: $135.00 Yukon, Northwest Territory: $150.002 2 The discount percentage will apply on outbound prepaid and collect shipments, inbound collect from NTC direct points and on shipments where freight charges are billed to a third party or to the party shown above for whom this tariff is published. When the consignee or the third party paying the freight charges also has published pricing provisions those provisions shall apply. 3 Rates to be applied will be as published in FED EX 080601 and subsequent re-issues or supplements thereof. Rates to Canada will be taken from the NEBT 500 series tariff in effect on the day of shipment. 4 The discount will also apply on C.O.D. shipments. 5 Shipments will be subject to fuel surcharges, when effective, as published in NEBT 125 Rules Tariff Supplement 1. 6 In the event that SHIPPER, at its sole discretion, acquires, employs or uses the services of a third party logistics, freight bill auditing or freight payment company to audit or pay for services performed on behalf of SHIPPER by CARRIER and such third party logistics, freight bill auditing or freight payment company fails to pay, becomes insolvent or seeks any manner of bankruptcy protection, the SHIPPER will remain legally responsible to CARRIER for payment of all charges or balance due payments due to CARRIER for services rendered and billed meeting the criteria of this tariff. 7 This agreement supercedes, on the effective date shown, any previous agreement. 8 FAK 55(50-500) for all freight. 9 Fuel surcharge will be frozen at 6%. 10 NTC will do a 1% decrease in the discount percentage each year July 15, 2006 and again July 15, 2007

Colorado Illinois Iowa Kansas Minnesota Missouri Nebraska New Mexico

North Dakota Oklahoma South Dakota Wisconsin Wyoming Canada Except Nunavut

Tennessee zips: 38003, 38007-18, 38024, 38053, 38059 38101-99, 38257, 38261 Mississippi zips: 38637, 38641, 38651, 38654, 38671, 38680 Kentucky zips: 42001-99 Arkansas zips: 72301, 72315

Another specific addressed in our tariff is excessive value coverage for a shipper.We will cover, additionally, over $7.50 per

pound per piece, provided the shipper declares the shipment excessive in value.In our tariff it is addressed by the following. ITEM

781, #3- Additional coverage for shipments with an actual value, at cost, greater than the limitations set in this item and item 780 can be obtained by contacting the Nebraska Transport Co., Inc. corporate office. The rate for additional coverage will be $0.75 per $100.00 of excess valuation subject to a minimum charge of $40.00.

Excessive Value (cont)Lets look at a shipment to show what we can

cover for a shipper and make some extra revenue!

Shipper has a box that weighs 100 lbs. Nothing marked on the bill of lading or addressed in the contract, so our liability is at $750.

Shipper says the box is worth $2,000. Of course knowing your customers business

helps you to sell them peace of mind.

Excessive Value (cont)

Box worth $2,000NTC Liability -$750_

Balance $1,250Additional Coverage to the shipper for full

value($.75 per $100 of valuation) $1,250 / 100 =

12.512.5 x $.75 = $9.38, would fall under $40

minimum.

One very important thing to remember when doing an excessive value shipment.

Class rates are paid with ZERO DISCOUNT! Full class rates and either the minimum for excessive value or $.75 per $100 of valuation.

Excessive value is treated the same as freezable shipments. There must be prior notification given to the carrier by the shipper.

Hopefully this has shed some light into some of our challenges that we face in the claims dept., when it comes to claims and dealing with our customers and their claims.

All quotes are from Freight Claims in Plain English Third Edition & Transportation Logistics and the Law both by William Augello, ESQ and George Carl Pezold, ESQ.

Questions? Thank you!