Joyner Intermodal — Liability Allocation Policy

1. Purpose

This Liability Allocation Policy ("Policy") describes how liability for loss of, damage to, or delay of freight is allocated among Joyner Transportation & Logistic Services LLC ("Joyner"), its rail and drayage carriers, and the shipper ("Customer") in connection with intermodal freight transportation services. Due to the multi-modal nature of intermodal transportation — which involves rail carriers, drayage carriers, and potentially ocean carriers operating under different legal regimes — liability allocation in intermodal is more complex than in single-mode trucking. This Policy supplements and is incorporated into the Joyner Intermodal Transport Agreement.

2. Overview of Intermodal Liability Regimes

Intermodal freight transportation involves multiple modes and carriers, each potentially subject to different liability frameworks:

Transportation Mode	Governing Legal Framework	Liability Standard
Rail (domestic intermodal)	Carmack Amendment (49 U.S.C. § 11706) and rail carrier tariff	Rail carrier tariff liability rate (typically $0.10–$0.25/lb depending on tariff)
Drayage (over-the-road)	Carmack Amendment (49 U.S.C. § 14706)	Actual loss or damage, subject to released value if applicable
Ocean (international intermodal)	Carriage of Goods by Sea Act (COGSA) / Hague-Visby Rules	$500 per package or customary freight unit (COGSA default)

The applicable liability regime depends on which leg of the intermodal movement the loss or damage occurred. Where the specific leg cannot be determined, liability is typically allocated to the rail carrier under the through bill of lading terms.

3. Joyner's Liability as Intermediary

Joyner acts as a transportation intermediary in arranging intermodal services and issues a through intermodal bill of lading covering the door-to-door movement. As the issuer of the through bill of lading, Joyner assumes responsibility for coordinating the Carriers and for the overall integrity of the intermodal service, subject to the limitations described in this Policy.

JOYNER'S MAXIMUM LIABILITY FOR LOSS OF OR DAMAGE TO FREIGHT ON ANY SINGLE INTERMODAL SHIPMENT IS LIMITED TO THE GREATER OF: (A) THE LIABILITY LIMIT OF THE RESPONSIBLE UNDERLYING CARRIER AS DETERMINED UNDER THE APPLICABLE TARIFF OR LEGAL REGIME; OR (B) $0.10 PER POUND BASED ON THE ACTUAL WEIGHT OF THE LOST OR DAMAGED FREIGHT. THIS LIMITATION APPLIES REGARDLESS OF THE DECLARED VALUE OF THE FREIGHT UNLESS CUSTOMER HAS DECLARED A HIGHER VALUE AND PAID THE APPLICABLE EXCESS VALUE CHARGE AS DESCRIBED IN SECTION 5.

4. Rail Carrier Liability

For loss or damage occurring during the rail portion of an intermodal movement, liability is governed by the applicable rail carrier's intermodal tariff. Key features of standard rail carrier intermodal liability include:

• Released value rate: Standard domestic intermodal rail carrier tariffs limit liability to a released value rate, typically expressed as a per-pound rate (commonly $0.10 to $0.25 per pound depending on the rail carrier and commodity)
• Concealed damage: Rail carriers typically require that concealed damage claims be reported within five (5) days of delivery
• Claim filing deadline: Freight claims against rail carriers must typically be filed within nine (9) months of delivery or the scheduled delivery date for non-delivery claims
• Catastrophic events: Rail carrier liability may be further limited or excluded for losses caused by acts of God, acts of the public enemy, acts of the shipper, or inherent vice of the freight

Joyner will assist Customer in filing claims against the responsible rail carrier. However, Joyner is not responsible for amounts that exceed the applicable rail carrier tariff liability limit.

5. Drayage Carrier Liability

For loss or damage occurring during the drayage (over-the-road) portion of an intermodal movement — including first-mile pickup and last-mile delivery — liability is governed by the Carmack Amendment (49 U.S.C. § 14706) and the applicable drayage carrier agreement. Drayage carrier liability is generally:

• Subject to the actual value of the lost or damaged freight, unless a released value has been agreed
• Limited by any released value provision in the drayage carrier's bill of lading or rate agreement
• Excluded for losses caused by acts of God, acts of the public enemy, acts of the shipper, inherent vice, or public authority

Where the loss or damage clearly occurred during a drayage leg, Joyner will work with the responsible drayage carrier to process the claim directly.

6. Unknown Origin of Loss

In cases where freight is delivered damaged and it cannot be determined during which mode or leg of the intermodal movement the damage occurred, liability is allocated as follows:

• Joyner will conduct a reasonable investigation to determine the likely origin of the loss, including reviewing container seal records, delivery receipts, and Carrier-reported condition information
• Where the investigation is inconclusive, liability defaults to the rail carrier under the through bill of lading, subject to the applicable rail carrier tariff limitations
• Joyner will file the claim with the applicable Carrier on Customer's behalf and pursue recovery up to the applicable tariff limit

7. Declared Value & Excess Cargo Insurance

Standard intermodal tariff liability limits are significantly lower than the actual value of many commercial shipments. Customers shipping high-value freight are strongly encouraged to:

• Declare excess value: Where the applicable rail or drayage carrier tariff permits, Customer may declare a higher value for the shipment at the time of booking and pay the applicable excess value charge to obtain higher carrier liability coverage. Contact Joyner's intermodal team for excess value options and applicable charges.
• Obtain cargo insurance: Joyner strongly recommends that Customers shipping high-value intermodal freight obtain all-risk cargo insurance through a licensed cargo insurer. Cargo insurance provides broader coverage than carrier liability and is not subject to carrier tariff limitations. Joyner can assist in connecting Customer with cargo insurance providers upon request.

JOYNER IS NOT AN INSURER. THE LIABILITY LIMITS IN THIS POLICY ARE NOT A SUBSTITUTE FOR CARGO INSURANCE. CUSTOMERS SHIPPING FREIGHT WITH A VALUE EXCEEDING THE APPLICABLE CARRIER TARIFF LIMITS DO SO AT THEIR OWN RISK WITH RESPECT TO THE EXCESS VALUE UNLESS THEY OBTAIN APPROPRIATE CARGO INSURANCE OR DECLARED VALUE COVERAGE.

8. Exclusions from Liability

Neither Joyner nor its Carriers are liable for loss, damage, or delay caused by:

• Acts of God, natural disasters, or severe weather events
• Acts of the public enemy, terrorism, or civil unrest
• Government action, embargo, or regulatory restriction
• Inherent vice or natural deterioration of the freight
• Improper or inadequate packaging by the shipper
• Inaccurate or incomplete shipment information provided by Customer
• Perishable goods damaged due to delay where the delay was not caused by Carrier negligence
• Rail congestion, equipment imbalances, or ramp capacity constraints that are industry-wide conditions
• Consequential damages, including lost profits, lost sales, or customer penalties resulting from delayed delivery

9. Delay Claims

JOYNER AND ITS CARRIERS ARE NOT LIABLE FOR CONSEQUENTIAL DAMAGES RESULTING FROM TRANSIT DELAYS, INCLUDING LOST PROFITS, PRODUCTION SHUTDOWNS, PENALTIES IMPOSED BY CUSTOMER'S CUSTOMERS, OR OTHER INDIRECT DAMAGES. JOYNER'S MAXIMUM LIABILITY FOR DELAY, WHERE LIABILITY EXISTS, IS LIMITED TO THE FREIGHT CHARGES PAID FOR THE DELAYED SHIPMENT. STANDARD INTERMODAL SERVICE DOES NOT INCLUDE GUARANTEED DELIVERY WINDOWS.

10. Claims Procedure

All freight claims must be submitted in writing to claims@myjoyner.com within the following timeframes:

• Visible damage at delivery: Note on delivery receipt at time of delivery and file written claim within thirty (30) days
• Concealed damage: File written claim within five (5) days of delivery
• Loss (non-delivery): File written claim within nine (9) months of scheduled delivery date
• Delay: File written claim within sixty (60) days of actual delivery

Claims must include: bill of lading number; description of loss or damage; photographs of damaged freight and packaging; commercial invoice showing value; and any inspection reports. Legal action on a denied claim must be commenced within two (2) years of written claim denial.

11. Dispute Resolution & Governing Law

All disputes arising out of or relating to this Policy are subject to the Joyner Arbitration & Dispute Resolution Policy. This Policy is governed by applicable federal transportation law and, to the extent state law applies, by the laws of the State of Georgia.

12. Contact

Claims and liability inquiries: claims@myjoyner.com | Intermodal inquiries: intermodal@myjoyner.com | Joyner Transportation & Logistic Services LLC | Atlanta, Georgia.