Tortorigi Transport, LLC MC #

Transcription

1 Tortorigi Transport, LLC MC # Required Carrier Information and Documents Signed Transportation Contract Copy of Authority W-9 Company Profile Certificate of Insurance with Tortorigi Logistics, LLC listed as certificate holder: Send Completed Packet back to: Carrier Information: Tortorigi Transport, LLC PO Box 13 Trussville, AL Jeremy Bradshaw fax: jbradshaw@tortorigi.com office: (205) Carrier Name: Carrier Mailing Address: City: State: Zip: Phone: Fax: MC #: DOT #: Fed ID# Equipment: Vans FWS Step Decks RGN Other: Do you use a factoring company No information below: Yes, If yes, please provide factoring company Factoring Company Name: Address: City: State: Zip: Tortorigi Transport, LLC Billing Requirements: (1) Signed Rate Confirmation (2) Signed Clean Legible BOL (3) Numbered Freight Invoice Remit this information to Tortorigi Transport, LLC via or Fax to the contact listed above. If you have questions, please contact our office.

2 Broker and Contract Carrier Agreement The Agreement made this,, day of, 20 _, by and between MC # a Contract Motor Carrier operating under authority of the Federal Motor Carrier Safety Administration (hereinafter referred to as Carrier ) and Tortorigi Transport LLC a licensed property broker, (hereinafter referred to as Broker ). WITNESSETH WHEREAS BROKER is actively engaged in the business of soliciting goods and merchandise for transport on behalf of contract motor carriers, pursuant to its Federal Motor Carrier Safety Administration operating authority MC # WHEREAS CARRIER represents that it is a Contract Motor Carrier, having the required operating authority, licenses and permits from any and all Government Agencies. CARRIER represents that it is engaged in the business of transporting merchandise and is desirous of transporting merchandise offered for shipment through the services of BROKER. NOW THEREFORE, for and in consideration of the above and forgoing and the mutual agreements and promises contained herein, and for other good and valuable consideration. The receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound, do hereby agree as follows. 1. BROKER agrees to offer at least one shipment to Carrier and Carrier agrees to transport said merchandise using its own equipment, and such additional quantities of merchandise as Broker may tender subject to the availability of freight and of suitable equipment. 2. CARRIER agrees to provide and maintain, at its sole cost and expense, insurance against liability for injuries to or death of persons and damage to property, in a single combined limit of not less than $1,000,000 per occurrence, and for loss or damage to freight in an amount not less than $100,000, and any additional insurance required by applicable laws, rules and regulations without exclusions. CARRIER agrees to provide written proof of such coverage and agrees to name BROKER as a certificate holder and additional insured on said policies. Additionally, CARRIER agrees to notify BROKER in writing of any expiration or cancelation of the aforementioned insurance coverage 30 days prior to expiration or cancelation and shall provide replacement certificates to evidence renewal or replacement of any effected policies. Initial:

3 3. CARRIER agrees to provide BROKER with a copy of its operating authority obtained from the Federal Motor Carrier Safety Administration. 4. BROKER agrees to pay CARRIER for the transportation of freight moved under this agreement in accordance with the agreed upon rates set forth in writing. CARRIER agrees to transport freight for BROKER pursuant to the agreed upon rates and in accordance to the terms of this agreement and any additional agreed upon terms confirmed in writing. 5. CARRIER authorizes BROKER to invoice the shipper for freight charges on behalf of CARRIER. CARRIER agrees to release and waive any claim against consignor and or consignee for freight charges and agrees to seek payment of freight charges only from BROKER. CARRIER agrees to bill all charges directly to BROKER for the transportation services provided pursuant to this agreement. CARRIER agrees to provide with its billed charges a corresponding signed Bill of Lading. BROKER agrees to make payment to CARRIER within 28 days of receipt of CARRIERS invoice and original signed Bill of Lading. Any modification to the freight charges as originally billed by CARRIER must be submitted to and received by BROKER within 30 days of presentation of freight bill and prior to BROKER making payment to CARRIER, otherwise CARRIER waives any rights to modify the freight charges. BROKERS payment of any invoice will satisfy BROKERS obligations with respect to the shipment. 6. CARRIER shall issue and sign a standard Bill of Lading or receipt acceptable to BROKER and shipper upon acceptance of a shipment, and shall be liable for loss, damage or delay of any shipment while in possession or control of CARRIER. The terms, conditions or provisions of the Bill of Lading or any other shipping form shall be subordinate to the terms of this agreement and this agreement shall govern in the event of any inconsistent terms or conditions. CARRIERS liability shall begin at the time cargo is loaded upon CARRIERS equipment, and shall continue until cargo is delivered to designated consignee at destination. 7. CARRIER at its sole cost and expense shall furnish all equipment required for its services and shall maintain all equipment in good repair and condition. CARRIER shall assume all responsibility for compliance with all State, Local and Federal Regulations. 8. CARRIER shall not broker any loads tendered pursuant to this agreement without prior written consent from BROKER. CARRIER shall not cause or permit any shipment tendered pursuant to this agreement to be transported by any other motor carrier or in substitute service by ship, railroad or intermodal, or by any other modes of transportation without prior written consent of BROKER. Initial:

4 9. CARRIER agrees to indemnify and hold harmless BROKER against any and all claims of any nature whatsoever arising out of CARRIERS operations and activities hereunder, including without limitation, claims, losses or liability for personal injury, property damage claims made by shipper or its customers related to any delayed or late delivery by CARRIER, cargo loss or damage, or any combination thereof, resulting from any act, omission, negligence or legal liability of CARRIER, its employees or agents, which may occur during the performance of services under this agreement, including court costs and attorney s fees incurred in defending claims. CARRIER agrees and consents to a withholding and offset of any money owed to CARRIER by BROKER to be applied to the satisfaction of any of the aforementioned claims. 10. CARRIER agrees to indemnify BROKER for any court cost or attorney fees incurred as a result of the breach of this agreement by CARRIER. 11. It is agreed that the relationship of CARRIER to BROKER is that of an independent contractor except that BROKER shall be the agent for CARRIER for the collection and payment of freight charges to CARRIER. 12. CARRIER accepts full responsibility of cargo, including without limitation any overage, shortage and/or damage resulting in loss. CARRIER agrees to report to BROKER immediately upon becoming aware of any damage, shortage or overage resulting in loss. In the event of any claim resulting from shortage, overage or damage to cargo, CARRIER accepts full responsibility including any amounts subject to insurance deductibles or not covered by all insurance for any reason. CARRIER agrees and consents to the withholding of any deductible amounts or any loss not covered by insurance from CARRIERS freight settlement. 13. This Agreement shall become effective on the date of execution for a period of one year and shall continue thereafter from year to year. This Agreement and the rights and responsibilities of each of the parties hereunder, may be terminated as follows: (i) (ii) Immediately, upon the mutual written consent of both parties; and Upon thirty days prior written notice to the other party. 14. Because of the confidential nature of CARRIERS relationship with BROKER. CARRIER agrees not to solicit traffic from any shipper, consignee, or customer of BROKER where (1) the availability of such traffic first became known to CARRIER as a result of BROKERS efforts or (2) where the traffic of the shipper, consignor, consignee or customer of the BROKER was first tendered to the CARRIER by the BROKER. If CARRIER breaches this agreement and back Solicits the BROKERS customers and obtains traffic after the involved traffic first begins to move, the BROKER shall be entitled to a commission from the CARRIER of 15% of the gross revenue received on the movement of the traffic for a period of one year from the date of back- Solicitation. INITIAL:

5 15. The clauses and paragraphs contained in this Agreement are intended to be read and construed independently of each other. If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and affected, impaired or invalid as a result. 16. The terms and conditions of this Agreement may be waived only by written instrument by the party against whom enforcement of such waivers is sought. No waiver by a party in any one or more instances of any term and condition contained in this Agreement, or for any breach or any agreement or covenant contained in this Agreement shall be deemed or construed to be a waiver of any other term or condition contained in this Agreement. 17. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. This Agreement may only be modified by a written instrument executed by both parties. 18. This Agreement shall be binding upon, shall insure to the benefit of, the parties hereto, and their successors and permitted assigns. 19. This agreement shall be construed in accordance with and governed by laws of the State of Alabama. All actions related to this agreement shall be brought in the State of Alabama in the court of proper jurisdiction located closest to the corporate office of the BROKER. IN WITNESS WHEREOF, the parties have executed this agreement by duly affixing their signatures under hand and seal on the date herein above first written. Carrier Representatives Signature: Carrier Representatives Name (Print): Carrier Representatives Title: BROKER Tortorigi Transport LLC. Representatives Signature: Representatives Name (Print) Representatives Title

6 WORKERS COMPENSATION HOLD HARMLESS AGGREEMENT This is to certify that we, the CARRIER, are in compliance with the Worker s Compensation Laws of our state. Furthermore, we the CARRIER, agree to release, indemnify and hold harmless Tortorigi Transport, LLC from all claims, fines and actions, including any award by a Workers Compensation Court or similar administrative body or court of law, arising out of claims by an employee or agent of the carrier for work related injuries. Carrier name: Carrier MC #: Authorized Signature: Printed Name: Title: Date: