Transportation Management & Leasing Co. d/b/a Get It Fast Freight Brokers

Transcription

1 Transportation Management & Leasing Co. BOBTAIL AGREEMENT Addendum A In order to keep our trailer pools in check, we need to make sure that all Brokers hauling under our trailer interchange agreement understand that they MUST bring an empty trailer from all other New England states to New Hampshire every time. No one EVER bobtails from any location in New England to New Hampshire. We will pay $1.25 per mile to go and recover an empty trailer that is at another yard or customer. If you do not find one where you are dropping your loaded trailer, you are required to call your Fleet Manager and ask where to go. If you need an empty at night you must call after hours; please call If for some reason you have to bobtail up for an emergency, you are required to notify dispatch and you will have to start your week where you bobtailed from. Get It Fast Freight Brokers will not eat the cost to reposition our trailers. This is a very serious matter, if you bobtail without permission from one of our Fleet Managers, you will leave Get It Fast Freight Brokers no choice but to terminate your trailer interchange agreement. All drivers hauling our equipment MUST properly complete a pre and post trip inspection. We need to make sure all our brokered drivers write up any issues with our trailers and call them into the Dispatch. Please make sure you take the time to ensure we have safe trailers going up and down the highway! Dispatcher: Carrier: Driver: Driver Signature: VIN#: Dare Signed: 52 Laurel Crest Drive Brookline, NH (877)

2 BROKER-CARRIER AGREEMENT Transportation Management & Leasing Co. THIS AGREEMENT is made and entered into on, 20, by and between Get It Fast Freight Brokers, a licensed property broker pursuant to MC ( BROKER ) and, a licensed motor carrier pursuant to MC- ( CARRIER ). 1.TERM. The Term of this Agreement shall be for one (1) year and shall automatically renew for a successive one (1) year period; however, that this Agreement may be terminated as set forth herein or at any time by at least thirty (30) days prior written notice. 2.CARRIER S OBLIGATIONS. CARRIER represents and warrants that it is duly and legally qualified to provide the transportation services contemplated herein, and CARRIER agrees to comply with all federal, state and local laws regarding the provision of such services. CARRIER futher represents and warrants that it does not have a conditional or unsatisfactory safety rating in the FMCSA Program or a proposed safety rating change issued from the U.S Departament of Transportation ( DOT ), and further agrees to comply with all federal, state and local laws regarding the DOT and /or receives a conditional or unsatisfactory safety rating from the DOT, CARRIER agrees to notify BROKER within twenty-four (24) hours of such events. BROKER shall have the right, at the option of BROKER, to terminate this Agreement immediately upon receipt of such notice of DOT audit, safety rating change or threatened audit or change. In the event that CARRIER is requested by BROKER to transport any shipment required by the DOT to be placarded as a hazardous material, the parties agree that the additional provisions included in Appendix A shall apply for each such shipment. CARRIER agrees to furnish BROKER immediately or as soon as is reasonably possible notice by telephone of any occurrence or transaction which may give rise to a claim against either the CAARIER, the BROKER or the BROKER S customer(s) under the terms of this AGREEMENT, and in a accordance with BROKER or BROKER S customer policy for reporting claim incidents. CARRIER hereby acknowledges that CARRIER is solely responsible for the inquiring of, understanding and complying with the reporting requirements of BROKER or BROKER S customer. The CARRIER further agrees to cooperate, as requested by the BROKER or its authorized representative, in the investigation, negotiation, settlement, or litigation of any claim or suit, which may be encountered by the BROKER, or its representative under the terms of this Agreement. 3.SPECIFIED SERVICES. CARRIER S services under this Agreement are specifically designed to meet the distinct needs of BROKER under the specified rates and conditions set forth herein. 4.RECEIPTS AND BILLS OF LADING. Each shipment hereunder shall be evidenced by a receipt in such form as specified by BROKER or alternatively, by BROKER S customer signed by CARRIER showing the kind and quantity of product received by CARRIER at origin. The absence or loss of any such receipt shall not relieve CARRIER hereunder. Such receipt shall be prima facia evidence of receipt of such shipment in good delivery of each shipment made hereunder, CARRIER shall obtain a receipt showing the kind and quntity of product delivered to the consignee of such shipment at the destination specified by BROKER, and CARRIER shall cause such receipt to be signed by the consignee. Any terms, conditions and provision of the bill of lading, manifest or other form of receipt or contract shall be subject and subordinate to the terms, conditions and provisions of this agreement.if any terms conflict, the terms and conditions of this Agreement shall control. Initial 1

3 CARRIER shall notify BROKER immediately, prior to proceeding from the location, of any exceptions made on the bill of lading, manifest or other receipt. 5.CARRIER S OPERATIONS AND EMPLOYEES. CARRIER shall, at its sole cost and expense: (a) furnish all equipment ncessary or required for the performance of its obligations hereunder (the EQUIPMENT ); (b) pay all expenses related, in any way, with the use and operation of the Equipment; (c) maintain the Equipment in good repair, mechanical condition and appearance; and (d) utilize only competent, able and legally licensed drivers. CARRIER shall have full control of such personnel and shall perform the services hereunder as an independent contractor. It is intention of the parties and acknowledged by the parties that neither the CARRIER nor any of its emplyees shall be deemed to be agents, servants, or employees of the BROKER or BROKER S customers for any purpose whatsoever, but the CARRIER is and shall be an independent contractor. The CARRIER is responsible as to the results to be accomplished and not as to the means and methods for accomplishing the results. 6.INDEMNITY.CARRIER shall defend, indemnify, and hold harmless BROKER and its customer from and against all loss, damage, expense, cost, including reasonable attorney fees, fines, actions and claims for injury to person (including death) and for damage to property arising out or in connection with CARRIER S actions, including but not limited to loading, handling, transportation, unloading or delivery of any shipments made hereunder. 7.INSURANCE.CARRIER is required to purchace and maintain the following forms and amounts of insurance coverage, acceptable to BROKER, as part of this Agreement. a. Automobile Liability Coverage of $ 1,000,000 per occurrence with no annual aggregate; b. Occupational accident for owner-operators or Workers Compensation for all employees of owner-operator/fleet drivers (in limits set forth by applicable statue); c. Non-trucking Liability (limits of least $1,000,000); d. Cargo insurance for coverage and defense of damage to or loss of cargo (including an endorsement for theft by emplyees, mysterious disappearance, unattended vehicle, loss or damage due to freezing, spoilage, contamination,, mildew, moss or deterioration, and any other endorsements required by BROKER or its customer) in the amount of $ 1,000,000 per occurrence with no annual aggregate and max deductible of $2,500; Further, the CARRIER agrees to provide and maintain, at CARRIER S sole cost and expense, the aboverequired coverage by purchasing same from an insurance company with an A.M.Best s rating of A-or better and provide BROKER with Certificate of Insurance evidencing such coverage naming BROKER as an additional name insured and loss payee. The certificate of insurance must be provided to BROKER upon execution of this Agreement and such certificate will state that insurance carrier will provide BROKER with thirty (30) days notice of cancellation or change in coverage. 8.FREIGHT LOSS, DAMAGE OR DELAY,BROKER shall submit to CARRIER written notice of any cargo claim, including loss or expenses resulting from CARRIER S delay in providing service, within nine(9) months of the delicery date of the shipment, or, if no delivery, the date of the occurrence resulting in the claim. CARRIER hereby acknowledges and agrees that CARRIER assumes the same liability as a common carrier for full actual loss, subject to the provisions of 49 U.S.C (Carmack Amendment).CARRIER hereby acknowledges and agrees that no limitation of liability for loss, damage or delay is applicable for any services provided by CARRIER without the prior written authorization of BROKER. CARRIER hereby acknowledges and agrees that CARRIER S right to salvage whether CARRIER receives prior notice or not, for any product transported by CARRIER is based on limited to the extent the customer of BROKER allows salvage and to the extent the customer disallows salvage CARRIER hereby waives its claim to salvage. Initial 2

4 Any claims arising from the services provided by CARRIER shall be handing in the following manner: a. Claims for loss, damage, injury or delay to cargo may be filed with CARRIER within nine (9) months of the date of delivery of shipments or within twelve (12) months of a reasonable time for delivery, (three months beyond agreed transit time), or within nine (9) months of the date CARRIER notifies BROKER that the shipment is lost. b. CARRIER agrees to pay BROKER for all such claims filed with CARRIER within ninety (90) days of receipt of such claims.for claims not resolved within ninety (90) days of the claim notice BROKER will automatically deduct from CARRIER S settlement(s) the amount of the claim. The filing, processing and disposition of all cargo claims shall be governed by 49 C.F.R. 370 et seq. to the extent not modified herein. The parties agree that the federal common carrier laws of liability (i.e Carmack Amendment Liability) shall apply to all shipments made, however.carrier shall be liable to BROKER for all economic loss, including consequential damages that are incurred by BROKER or BROKER S customers for any freights loss, damage or delay claim. 9.WAIVER OF CARRIER S LIEN.Carrier shall not withhold any goods transported pursuant to this Agreement for any reason including the existence of any dispute as to prices or any alleged failure of general credit of BROKER and CARRIER hereby waives and realeases all liens that CARRIER might otherwise have to any such goods in the possession or control of CARRIER or CARRIERS agents. 10.PAYMENTS.CARRIER will charge and BROKER will pay for transportation services performed under this Agreement the rates and charges as shown on the Schedule of Rates attached as Addendum B and any written supplements, rate confirmation sheets or revisions (hereinafter Rate Confirmation ) thereto signed by BROKER and provided to CARRIER. CARRIER hereby acknowledges and agrees that any Rate Confirmation provided to CARRIER by BROKER shall be deemed accepted by CARRIER unless objected to, in writing to BROKER, within twenty-four (24) hours.in the event service is provided and it is subsequently discovered that there was no applicable rate in the Rate Confirmation, the parties agree that the rate paid by BROKER shall be the agreed upon rate.pay ment by BROKER will be made within thirty (30) days of receipt by BROKER of the uncontested CARRIER invoice or within fifteen (15) days of receipt of payment from BROKER S customer whichever is later.carrier shall provide to BROKER at the time of invoicing all aplicable freight bills, bills of lading, clear delivery receipts, and any other necessary billing documents enabling BROKER to ascertain that service has been provided.in the event service is provided and it is subsequently discovered that there was no aplicable rate in the existing Schedule of Rates or supplements, the parties agree that the rate paid by BROKER and collected by CARRIER shall be agreed upon contract rate.in no event shall BROKER be liable for any transportation charges for which BROKER did not have primary responsibility for payment under the circumstances surrounding the involved shipment.carrier agrees that BROKER is solely responsible for all freight charges related to the transportation services provided herein, and as such CARRIER agrees not to attempt any collection efforts against BROKER S customer(s) and hereby acknowledges and agrees to look only to BROKER for payment of freight charges. 11.CONFIDENTIALITY AND NON-SOLICITATION.Neither party may disclose the terms of this Agreement to a third party without the written consent of the other party except (1) as required by law or regulation; (2) disclosure is made to its parent, subsidiary or affiliate company; or (3) to facilitate rating or auditing of transportation charges by an authorized agent and such agent agrees to keep the terms of the Agreement confidential.carrier will not solicit traffic from any shipper, consignor, consignee or customer of BROKER where (1) the availability of such traffic first became known to CARRIER as a result of BROKER S efforts, or (2) the traffic of the shipper, consignor, consignee or Customer of BROKER was first tendered to CARRIER by BROKER.If CARRIER breaches the Agreement and Initial 3

5 directly or indirectly solicits traffic from customers of BROKER and CARRIER obtain traffic from such customer during the term of this Agreement, or for twelve (12) months thereafter, BROKER shall receive thirty-five percent (35%) commission from the revenue from traffic transported for the Customer. CARRIER shall provide BROKER with all documentation requested by BROKER to verify such transportation revenue. 12.SUB-CONTRACT PROHIBITION.CARRIER specifically agrees that all freight tendered to it by BROKER shall be transported on equipment operated only under the DOT authority and control of CARRIER, and that CARRIER shall not in any manner sub-contract, broker, or in any other form arrange for the freight to be transported by a third party without the prior written consent of BROKER. 13.SEVERABILITY.In the event that the operation of any portion of this Agreement results in a violation of any law, the parties agree that such portion shall be severable and that the remaining provision of this Agreement shall continue in full force and effect. 14.WAIVER.No waiver of any right, power, or privilege hereunder shall be binding upon any Party unless in writing and signed by or on behalf of the Party against which the waiver is asserted. 15.GOVERNING LAW AND ATTORNEY FEES.It is agreed by BROKER and CARRIER that New Hampshire law shall govern, without referance to the conflict of laws contained therein, disputes involving any terms of this Agreement or interpretation thereof, whether arising in contract, tort or otherwise. CARRIER hereby waives any jurisdictional rights it might otherwise have. It is also agreed that venue shall be in the County of Hillsborough, or at the sole optain of BROKER in any other court in which BROKER shall initial legal or equitable proceedings and which has subject matter jurisdiction over the matter in controversary.broker and CARRIER agree that should any conflict or litigation arise between the parties to this Agreement, the prevailing party shall be awarded reasonable attorney fees and court costs. 16.NOTICE.Any notice required or permitted to be given under this Agreement, unless otherwise indicated, shall be deemed sufficiently given if it is delivered by hand or sent by prepaid mail, registered or certified, return receipt requested, by a nationally recognized overnight courier, or facsimile transmission ( with confirming copy sent first class mail) if sent to the adress or fax number and to the attention of the individual noted in the signatory provision hereof. Initial 4

6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their respective names by their duly authorized represantives as of the date first above written. CARRIER SIGNED BY: TITLE: DATE: Get It Fast Freight Brokers Broker SIGNED BY: TITLE: DATE: INFORMATION FOR NOTICE: Address: Address: 52 Laurel Crest Drive Brookline, NH Fax: Fax: (877) Attention: Attention: Get It Fast Freight Brokers Initial 5

7 GET IT FAST FREIGHT BROKERS A Division of Transportation Management & Leasing Company Please fax back the following information: 1. Copy of MC Authority Certificate 2. Signed Broker Agreement (must initial where applicable) 3. Federal Number & Signed W-9 4. Certificate of Insurance: Cargo Insurance: At least $100,000 with $2,500 deductible Auto Liability: At least $1,000,000 Trailer Interchange Coverage: At least $25,000 with $2,500 deductible List Transportation Management & Leasing Co. d/b/a Get It Fast Freight Brokers as the Certificate Holder 5. Full company name, address and contact info, including if applicable. If you have any questions regarding this information, please do not hesitate to call us at: (800) Ext. 2. Thank you! TRANSPORTATION MANAGEMENT & LEASING CO. D/B/A GEDT IT FAST FREIGHT BROKERS Gabriel Anghel: (800) Ext. 101 Bob Slavin: (800) Ext. 106 Steve Nolan: (800) Ext. 1 Fax: (877)

8 Transportation Management & Leasing Co. Trailer Interchange Agreement Get It Fast Freight Brokers ( Providing Carrier ) and ( Using Carrier ) herby agree to enter into this Trailer Interchange Agreement ( Agreement ) Specifically for allowing Using Carrier to haul trailers that are owned/leased by Providing Carrier for a defined period of time and for the sole purpose of moving Providing Carrier s freight. The Providing Carrier s trailer whether leased or owned, shall be limited to the period from: To Today s Date Date Insurance Cancels In consideration for both parties to enter into this Agreement for the movement of Providing Carrier s trailers and freight each party agrees to the following terms and conditions: 1. Using Carrier agrees to a weekly cost of $ per trailer, for the movement and or storage of only Providing Carrier s freight while in the Using Carrier s possession. 2. The Using Carrier will not use the Providing Carrier s trailer for any other purpose without having written consent from Providing Carrier. If Using Carrier is caught using any trailer without authorization this contract will be immediately terminated. If Using Carrier uses any unit after contract has been terminated then Providing Carrier will Pursue all necessary legal action against the Using Carrier as it will be considered theft. 3. This agreement shall become effective as of the date set forth and shall continue in effect for (1) year unless terminated by either party for any reason or no reason within 10 days written notice to the other party. 4. Using Carrier shall not, under any circumstances, permit Providing Carrier s equipment to leave its possession and/or control without the written permission of Providing Carrier. In the event that Providing Carrier issues such written permission, user shall be responsible for returning equipment to Providing Carrier in the same condition as it was received, subject to normal wear and tear. 5. Any and all maintenance to Providing Carrier s equipment requires pre-approval from the Providing Carrier s Maintenance Department. This includes negligence for wear and tear on tires, if original tire is returned to Providing Carrier then a prorated adjustment will be made at the discretion of the Maintenance Director. Using Carrier must follow any and all instructions given by the Providing Carrier Maintenance Department or the Using Carrier will be held fully financially responsible. 6. Using Carrier, while in possession of Providing Carrier s equipment, agrees to indemnity defend and hold harmless Providing Carrier from any and all loss, damage, liability, costs or expenses, including attorney fees, suffered or incurred by Using Carrier arising out of related to injuries to or death of other persons resulting from Using Carrier s operation, maintenance and/or possession of transported therein or cargo being loaded/unloaded or held at terminal or transit point incident to transportation. 7. Neither Party may assign or transfer this agreement, in whole or in part, without the prior written consent of the other party except that Providing Carrier may assign this agreement or any of its right hereunder to any company which controls, is controlled by Initial 1

9 or is under common control with Providing Carrier. Subject to the provisions of this paragraph, this agreement shall ensure to the benefit of and be binding upon the successors and permitted assigns of the parties hereto. 8. This agreement is exclusive to the Using Carrier. 9. The Using Carrier shall also maintain the following minimum insurance coverage at all times during the term of this Agreement: a. Automobile Liability Insurance with a minimum limit of $1,000,000 coverage. b. Cargo Insurance minimum limit of 100,000 per occurrence with a maximum deductible of $2, c. Physical Damage an all interchange or non-owned trailers with a minimum limit of $25,000 per occurrence with a maximum deductible of $2, d. All of the above policies shall be endorsed to waive subrogation in favor of the Providing Carrier and their interests may change in the policy. All policies shall name Providing Carrier as Additional Insured and Loss Payee. e. Using Carrier will provide Certificate of Insurance to the Providing Carrier evidencing the coverage and conditions required by this agreement prior to commencement of work. f. In the event of any incident or accident resulting in damage to Providing Carriers equipment or freight the Using Carriers deductible and repair costs will be immediately withheld from any monies owed to Using Carrier. 10. Notice hereunder shall be given in writing either in person, by U.S. Mail or Overnight delivery to the Using Carrier. Notice shall be effective upon receipt or refusal to accept receipt and shall be sent to the following addresses: Providing carrier Using Carrier Transportation Management & Leasing Co. 52 Laurel Crest Drive Brookline, NH Attention: Safety Director, This Agreement shall be construed and enforced in accordance with the laws of the State of New Hampshire. The parties agree that the provisions set forth above constitute the complete and entire agreement may only be modified in writing executed by authorized representative of both parties. T.M.L.Co. Representative Using Carrier Representative Title Date Title Date Unit VIN# 2

10 Transportation Management & Leasing Company 52 Laurel Crest Drive Brookline, NH *Order Number: Pick-Up Location: Broker Code: Delivery Location: *Company Name: Pick-Up Date: Trailer Number: Delivery Date: Is the Signed Bill Of Lading Attached? YES NO *Was this a drop load? YES NO *Line haul Accessorial Total TRUCK PAY TCH Check Data Date TCH Check Number Amount *Driver Printed Name: *Driver Signature: Total Pages: TMLCo Load Sheet Version

11 TRANSPORTATION MANAGEMENT & LEASING CO. 52 laurel Crest Drive Brookline, NH (877) Fax: (877) Transportation Management & Leasing Co.,, offers an ACH funds transfer program to pay your invoices. If you would like to participate in this program, please complete the following form and return it to me. Note: If you go through a factoring company, this option is not available to you. Business Name: Business Mailing Address: Business Physical Address: Tax ID number: Bank Name: Bank Address: Bank Routing Number: Checking Account Number: ************************Please include a voided check************************** address This is required so we can your settlement sheet to you. Accounts Receivable Contact Name: Accounts Receivable Phone Number: Authorized Signature: Date: Please fax back to (877) Attn: GIF Freight Brokers

12 TRANSPORTATION MANAGEMENT & LEASING CO. 52 laurel Crest Drive Brookline, NH (877) Fax: (877) Transportation Management & Leasing Co.,, offers an ACH funds transfer program to pay your invoices. If you would like to participate in this program, please complete the following form and return it to me. Note: If you go through a factoring company, this option is not available to you. Business Name: Business Mailing Address: Business Physical Address: Tax ID number: Bank Name: Bank Address: Bank Routing Number: Checking Account Number: ************************Please include a voided check************************** address This is required so we can your settlement sheet to you. Accounts Receivable Contact Name: Accounts Receivable Phone Number: Authorized Signature: Date: Please fax back to (877) Attn: GIF Freight Brokers