This Rules Tariff applies to all shipments tendered to PDS Trucking Services, Inc. (“PDS”) for transportation. PDS is a subsidiary of Pacer Distribution Services, Inc. (“Pacer Distribution”), a provider of warehouse, transload and related services primarily in Southern California. Warehouse, transloading or other services provided by Pacer Distribution are generally provided under standard warehouse agreements and are not covered by this Rules Tariff.

In the event of any direct inconsistency between the terms and conditions set forth in this Tariff and in a written agreement signed by an authorized representative of PDS, the terms and conditions in the written agreement will prevail. If the terms of the written agreement and the terms of this Tariff are not inconsistent (for instance, the written agreement does not address an issue addressed by the provisions of this Tariff), the terms of this Tariff shall apply in addition to the terms in the written agreement.

This Tariff may be changed from time to time without notice, although PDS will generally endeavor to provide 30 days prior notice of any change. Customers are advised that the terms, conditions, limitations and charges set forth in this Tariff in effect on the shipment tender date shall apply. The current version of this Tariff may be obtained from our website at http://www.pacerdistribution.com

As used in this Tariff, “Customer” refers to the person or entity contracting to engage PDS’s services with respect to a shipment as well as any other person or entity having an interest in the cargo, including the consignee, consignor, ocean carrier, NVOCC, other third party logistics provider and the beneficial owner. “Detention” refers to the charges assessed for the period of time that a driver or power unit is waiting. “Per diem equipment charges” refer to the daily use charges assessed by providers of chassis, containers and trailers for use and possession of such equipment. A delivery order or a work order refers to the transportation instructions from Customer to PDS requesting pick up of the shipment from the consignor, harbor, rail ramp, a distribution facility (including the warehouses operated by Pacer Distribution Services, Inc.) or other origin or delivery of the shipment to the consignee, harbor, rail ramp, a distribution facility (including the warehouses operated by Pacer Distribution Services, Inc.) or other destination. “Storage charges” (sometimes referred to as demurrage) refers to the daily charges assessed by rail terminal, container yard and other facility operators for storage of container or trailers at their facilities. “UFC” refers to the Uniform Freight Classification.