By becoming a party to the UIIA, a road transport undertaking agrees to be bound by the provisions of the UIIA and any subsequent amendments to those provisions governing the replacement and use of equipment in the intermodal exchange service. The equipment supplier, usually a sea freight undertaking, a railway undertaking or a leasing undertaking, agrees that, in its transfer activities with a road transport undertaking signatory to the UIIA, the UIIA will be the only such agreement it will use, unless it is fully replaced by a separate bilateral written equipment exchange agreement. (b) Subparagraph (a) does not apply to the Uniform Agreement on Access to Interchanges and Intermodal Facilities administered by the North American Intermodal Association or to any other arrangement providing for the replacement, use or possession of chassis, containers or other intermodal equipment. TENNESSEE. ANN. CODE § 65-15-108 (2008). [2] The Act generally states that “notwithstanding any other federal provision of law, provision, clause, contract or agreement contained in a contract of carriage for road transport companies, purports to indemnify, defend or indemnify them by way of guarantee or with effect on a contract of carriage of the motor carrier, or has the effect of indemnifying: is defended or held harmless, the promisor is liable for any loss or damage resulting from negligence or deliberate acts or omissions of the provocateur, contrary to public order and void and unenforceable. Md. Cts. & Jud. Proc. § 5-401(b)(2). However, there is an explicit and specific exception in the UIIA to the definition of “contract of carriage of road transport undertakings” in the Statute, which states: “(2) The term “contract for the carriage of road transport undertakings” does not include: A.
the Uniform Agreement on Access to Interchanges and Intermodal Facilities, administered by the North American Intermodal Association, as amended by the Executive Committee on Intermodal Trade; or B. Other agreements providing for the replacement, use or possession of chassis, containers or other intermodal equipment. Md. Cts. & Jud. Proc. § 5-401(b)(1)(iii). The UIIA program is administered by the Intermodal Association of North America (“IANA”), a transportation trade association that represents the common interests of the intermodal freight industry. The UIIA is a standard exchange agreement designed to promote intermodal productivity and operational efficiency through the development of uniform industrial processes and procedures for the exchange of intermodal equipment between ocean freight companies, railways, equipment rental companies and intermodal freight forwarding companies. See www.uiia.org. A copy of the UIIA and an application to participate in the UIIA program are available at www.uiia.org. The UIIA also contains an agreement to submit any dispute related to maintenance, repair or per diem invoices for the retention of containers or chassis between users and equipment suppliers to binding arbitration.
The arbitration will be conducted exclusively by IANA. The guidelines for arbitration are set out in Appendix D of the UIIA. [3] “(a) An agreement, promise, agreement or arrangement in or in connection with or as material accompanying a contract of carriage of a motor carrier that purports to indemnify the promisor from any liability for damages resulting from negligence on the part of the promisor, representatives or employees of the promisor or the person entitled to compensation is contrary to public policy and is null and void and not enforceable. Experienced customer service representatives are available Monday through Friday from 8:00 a.m.m. to 8:00 p.m.m .m.m .m.m (Eastern Time) to help you resolve issues related to IBUIA.m. Questions can be emailed to uiia@intermodal.org or toll-free at (877) 438-8442. The UIIA program provides benefits to vehicle carriers and equipment suppliers participating in the program and simplifies the paperwork associated with the replacement process. [1] “The motor carrier undertakes to defend, indemnify and indemnify in full the persons entitled to compensation (whether or not the liability of the persons entitled to compensation is an enforcement agent, implied by law or because of the fault or negligence of the persons entitled to compensation) against all claims, actions, losses, damages or liabilities for personal injury, death and/or property damage, including reasonable property damage, including reasonable damage to property, including reasonable damages Defend, indemnify and hold harmless attorneys` fees and expenses incurred to defend against a claim or suit.
or due to the unlawful failure to defend against any claim or action, or in the performance of Subsection F.4 (collectively, the “Damage”), caused by or resulting from the following points of the motor carrier: use or maintenance of the equipment for a replacement period; and/or presence on the operator`s premises. »; The IIEC has revised the UIIA several times since its development. .
