Carrier Packet Requirements

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1 Carrier Packet Requirements National Transportation Services, LLC looks forward to working with you. Enclosed you will find our carrier requirements, items 1to 9 below reflect the documentation you are required to complete and return so that we may quickly process your file. Once your company is approved you will be authorized to move freight through NTS. We welcome you as a partner on our mission to provide superior and reliable services, one load at a time. Please return the following documents by mail, or fax: 1. Signed Broker Agreement: Initial on the bottom of each page and sign page Carrier Profile Sheet 3. Signed Worker s Compensation Hold Harmless form 4. W-9: Completed and signed 5. Copy of Carrier Operating Authority 6. Workman s Compensation Form: 7. Copy of SCAC if you have a SCAC code 8. Compensation Form: 9. Proof of the following insurance from your Insurance Company, listing NTS as certificate holder: a. Cargo Insurance Certificate b. Auto Liability Insurance Certificate c. Combined Bodily Injury and Property Damage Certificate Your Insurance Company must insure to name NTS as the certificate holder, as follows: National Transport Services, LLC 1148 Pulaski Hwy, Suite 328 Bear, DE Please Inform your Insurance Company that we require a 30 day cancellation notice; all carriers must carry sufficient insurance to cover the value of the cargo that is being transported. Any cargo claim where the carrier is found liable regardless of the amount of insurance in place, the carrier is responsible for the full actual cost of the material being transported and any additional claims that result from the loss. Your insurance company can fax the insurance certifications to

2 Credit Information National Transport Services, LLC BUSINESS ADDRESS National Transport Services 1148 Pulaski Hwy, Suite 328 Bear, DE MAILING ADDRESS National Transport Services 1148 Pulaski Hwy, Suite 328 Bear, DE Telephone: Fax: Website: Type of Business: Freight Management (Brokerage) Date Established: May 2007 Type of Organization: Limit Liability Company Tax Exempt: No MC# Banking References: TD Bank 1001 Song Smith Drive, Bear, DE (302) Trade References: Provided up request

3 Carrier Profile Sheet Company: Address: City: State: Zip: Address: Dispatch Contact: Phone #: ( ) Cargo Claim Contact: Phone #: ( ) Other Contact: Phone #: ( ) Fax #: ( ) Cell: ( ) Federal I.D No: Safety Rating: MC#: DOT#: SCAC Code: TWIC: Yes or No EMODAL: Yes or No Number of Power Units:

4 What Equipment Options Do You Provide: Flat Beds Low Boy Van Reefer RGN Drop Expand Stretch Drop Deck Step Deck Double Drop Auto Carrier FB Expand RGN Expand Other Do you provide any other special services: Specify Lanes: Circle all that apply:

5 Payment Information Once you have completed a load you must mail all required paperwork as outlined below to receive payment. Please complete and select the payment method that you would prefer, sign the authorization form if you select Quick Pay. Required Paperwork Signed Bill of Lading/Proof of Delivery which must have original signatures of customers No copies will be accepted Your Carrier Invoice Signed Rate Confirmation Agreement (should be signed and returned at time of tender) Mailing Address for Regular all Mail Mailing Address for Fed Ex/UPS/Overnite: National Transport Services National Transport Services 1148 Pulaski Hwy, Suite Chapman Road, Suite 103 Bear, DE Newark, DE Chose Payment Method O Standard Pay: A paper check will be mailed out by standard mail unless you select an additional option below within 30 days of paperwork receipt. O Quick Pay: A 3 % Fee (minimum fee of $25 per load) will be deducted from the total load amount and mailed with 48 hrs (2 business days) of receipt of all required documents. O Factoring Company: If you are utilizing a factoring company provide their information Factor Company Name: Contact Name: Phone: Quick Pay Authorization: Carrier Name:, by signing below the carrier authorizes NTS to pay invoices utilizing the quick pay payment method as outline as well as any payment method checked below:, Authorized Signature Printed Name Date By checking an alternate mailing method below, the charge associated will be deducted from your payment. ** O Overnight Air (charge of $35.00)** O 2 nd day Express Air (charge $25.00)** O Saturday Air Delivery (charge $45.00)** O Please use my FEDEX account # (Carrier must arrange FedEx pick up at NTS Chapman Rd office)

6 WORKER S COMPENSATION HOLD HARMLESS LETTER Carrier Name: agrees to hold harmless and indemnify National Transport Services L.L.C. against any award by a worker s compensation judge, panel, similar administrative body, or court of law. Please check all that apply to your company: Worker s Compensation Insurance is provided and a certificate will be send to We do not provide Workers Compensation for our employees We are not required by law to carry Workers Compensation Insurance Signature of Authorized Agent Date All carriers must have proof of workman s compensation which is sufficient to cover any incidents that could arise out of doing business unless you are not required by law to carry WC.

7 NTS FREIGHT NTS AGREEMENT This Agreement entered into on, 20 between National Transport Services, LLC (NTS), a Delaware company, hereinafter referred to as NTS and, A company/corporation, herein after referred to as CARRIER. WHEREAS, CARRIER is duly authorized by the Federal Highway Administration to engage in operations, in interstate and foreign commerce as a Contract CARRIER, by motor vehicle under ICC # (MC) and desires to participate in the transportation of such freight as is tendered to CARRIER by NTS. NTS is a licensed FREIGHT Broker, licensed to arrange for the transportation of property (except household goods) by ICC # and controls the transportation of the commodities to be tendered to CARRIER. In consideration of the mutual promises herein contained, it is hereby agreed that: 1. NTS agrees to offer shipment and CARRIER agrees to transport by motor vehicle from and to such points between which service may be required such quantities of authorized commodities as NTS may require, subject to the availability of suitable equipment. In the event CARRIER is unable to supply services within the time requested by NTS or if CARRIER fails to render service satisfactory to NTS and or NTSs customers, NTS reserves the right to hire another CARRIER as necessary to assure prompt and efficient service to its customers. Nothing contained herein shall limit NTSS right to hire additional CARRIERs as it sees fit at its sole discretion. 2. NTS agrees to offer to CARRIER a shipment of not less than one (1) shipment of freight per year for each year this Agreement remains in effect. 3. SUCH transportation to be accomplished in accordance with the rates and charges and other provisions as set forth in the NTS's "load confirmation/rate agreement" with Carrier. RATES may be established or amended verbally in order to meet specific shipping schedules as mutually agreed, and must be supported by a new "load confirmation and rate agreement ". 4. CARRIER shall provide transportation for any tendered freight. CARRIER authorizes NTS to invoice shipper, receiver, consignor or consignee for freight charges as agent for and on behalf of CARRIER. Payment of the freight charges to NTS shall relieve shipper, receiver, consignor or consignee of any liability to the CARRIER for non-payment of charges. NTS will pay the CARRIER for transportation services in accordance with the load confirmation and rate agreement. CARRIER shall provide NTS with copies of NTS approved bills of lading/delivery receipts that have been signed as evidence of proper delivery has been made. The Bill of Lading /Delivery Receipt must identifying the kind and quantity of goods shipped, which shall be signed by the CARRIER at origin to document the fact that the goods were received in good condition, shall evidence each shipment. The consignee shall sign the Bill of Lading/Delivery Receipt to document the fact that all of the goods were received in good condition. All of the terms and conditions of the Bill of Lading/Delivery Receipt manifest or other document presented Initials 1 P a g e

8 by CARRIER shall be subject to the terms of this Agreement, and if such document is absent or lost, this Agreement shall define the responsibilities of the parties hereto. 5. CARGO shall be picked up at point(s) of origin and delivered at point(s) of destination and delivery shall be made by CARRIER as specified in the Bill of Lading or other shipping documents, which shall be picked up with the cargo transported and shall be completed upon delivery at point of destination to reflect the fact of delivery. CARRIER shall provide a completed Bill of Lading to NTS accompanying the freight bill. Each Bill of Lading and freight bill shall contain the load number assigned to each shipment by NTS at time of dispatch. Any paperwork not sent in to NTS within a 6 month period of delivery will no longer be considered for payment. CARRIER settlements will be made by NTS in net 30 days from point when NTS receives original paperwork. Carrier agrees that it will look solely to Broker for the payment of its charges and that it will not contact or pursue Broker s customers or the shipper or consignee for payment of freight, accessorial or other charges owed to Carrier. Carrier authorizes Freight Broker to invoice Shipper, receiver, consignor or consignee for freight charges as agent for and on behalf of the Carrier. Payment of the freight charges to Freight Broker shall relieve Shipper, receiver, consignor or consignee of any liability to the Carrier for non-payment of charges. 6. All carriers shall be required to provide the necessary equipment for safe loading, load securement and protection including, but not limited to, flags and lights where appropriate, coil racks and chains and binders that have a rating that meets or exceeds the legal requirements to secure the load tendered. When specified by SHIPPER that the load must be covered, carriers shall be required to provide a proper and effective tarp system to protect the product from weather related hazards. 7. CARRIER shall assume full and complete responsibility and liability, regardless of the fault of any person, for any and all loss and damage to, or delay of, any shipment while in possession or control of CARRIER. CARRIER shall be liable for loss or damage to any property transported under this Agreement. Such liability shall begin at the time cargo is loaded upon CARRIERS equipment at point of origin and continue until said cargo is delivered to the designated consignee at destination or to any intermediate stop-off party. CARRIER shall promptly handle and attempt, in good faith, to resolve any claims for which claims are submitted either by NTS or directly by proper claimant for loss or damage to any cargo which is transported by CARRIER. 8. ALL of the rules as to filing of claims and settling of claims, and all the requirements as to public liability and property damage insurance and cargo insurance that pertain to the CARRIER as a common CARRIER, shall be equally applicable to the CARRIER on shipments moving under this Agreement. CARRIER agrees to maintain a commercial auto and a general liability policy with a minimum combined single limit of $1,000,000 per occurrence. CARRIER also agrees to maintain Broad Form Cargo liability coverage with a minimum of $100,000 per occurrence coverage limits with a deductable not greater than $1, There should be no exclusion for commodities, unattended load, tarped loads, contamination, corrosion, dampness, dryness, cold, heat and/or rust. CARRIER will provide NTS with a certificate of insurance CARRIER reflecting the required coverage and naming the NTS as an additional insured/certificate holder. CARRIER will provide to NTS a certificate of insurance as evidence of insurance and such certificate of insurance will provide 30 day notice of cancellation. 9. CARRIER understands and agreed that its employees, sub-haulers, lease drivers and the like are not employees of NTS. CARRIER will provide adequate Workers Compensation Insurance for its employees in accordance with statutory limits and will have its insurance company maintain a certificate of insurance Initials 2 P a g e

9 reflecting the required coverage on file with NTS at all times. Said certificate shall name NTS as a certificate holder. CARRIER shall also provide Employer s Liability Insurance for bodily injury with a minimum amount of $100,000 per accident. 10. CARRIER agrees to defend, indemnify and hold NTS and NTS's corporate affiliates and their respective officers and employees harmless from and against all claims of any nature whatsoever arising out of CARRIER S operations and activities, including without limitation, claims, losses, liability for personal injury, property damage, cargo loss or damage, death of persons or any combination thereof, resulting from the negligence or legal liability of CARRIER, its employees or agents, which may occur during the performance of services under this contract. 11. CARRIER shall not subcontract, re-broker or assign any portion of their duties to transport shipments contemplated by this contract. If duties to transport shipments are brokered to another Carrier, Carrier will be ineligible to haul for NTS in the future and NTS reserves the right to withhold payment. 12. CARRIER shall file a copy of his ICC permits with NTS and will keep such filings current. CARRIER specifically warrants that its ICC Authority is sufficient to allow CARRIER to transport all shipments accepted from NTS to its destination. CARRIER agrees to comply with all federal and state laws regarding the provision of transportation services. Carrier shall maintain a satisfactory FMCSA/DOT safety rating otherwise the carrier will not be authorized to provide the proposed services. 13. CARRIER represents and warrants that it is authorized to lawfully transport, as a motor contract CARRIER, in interstate commerce between all points in the continental United States and to lawfully provide NTS all of the services described in this Agreement or in the Load Confirmation Sheets and other documents between the parties. CARRIER agrees that at no time during the term of this Agreement shall CARRIER have an Unsatisfactory safety rating as determined by the Federal Motor CARRIER Safety Administration (FMCSA). If CARRIER receives an unsatisfactory safety rating, it shall immediately notify NTS. CARRIER shall further notify NTS immediately in the event of any suspension, cancellation, termination, withdrawal, modification, or transfer of its contract carriage operating authority. 14. The relationship of the CARRIER to NTS shall, at all times, be that of an Independent Contractor and carrier has exclusive control and direction of the work CARRIER performs pursuant to this agreement and each transportation schedule. Carrier agrees to assume full responsibility for the payment of all local, state, federal and intra-provincial payroll taxes and contributions or taxes and benefits for its employees. 15. CARRIER agrees to Non-Compete and shall not directly or indirectly solicit traffic from shippers, consignor, consignee or Customers of NTS, including but not limited to all where: the availability of such traffic first became know to Carrier as a result of NTS s efforts, where the traffic of the shipper consignor, consignee or to Customer of NTS was tendered to the Carrier by the NTS. Transportation of traffic hereunder by CARRIER shall be deemed conclusive evidence of CARRIER s solicitation and performance of transportation service to shipper consignor, consignee or to Customer of NTS. If CARRIER breaches this provision and solicits a Shipper or Customer of NTS during the term of this prohibition and obtains traffic from such Shipper, or CARRIER obtains traffic direct from Shipper, then NTS shall be entitled to a commission of thirty-five percent (35%) of the gross transportation revenue on the movement of such traffic for a period of two (2) years after the date of the first shipment handled by CARRIER for each such Shipper/Customer, and NTS may seek injunctive relief. Initials 3 P a g e

10 Carrier agrees that the delivery of a copy of this Agreement shall constitute a valid assignment of the percentage of Carriers gross payment received from Customer as stated above. This Agreement shall serve as a directive authorizing Customer s said commission directly to NTS. Carrier shall be liable for any of NTS s legal expenses incurred in any non-compete claim as a result of the breach of a noncompete, as well as any of NTS s expenses incurred as a result of investigating any non compete claim as a result of the breach of a non-compete. 16. During the term of this Agreement and for three (3) years after termination, for any reason, CARRIER shall not divulge to any third party, without the prior written consent of NTS, (i) the terms of this of this Agreement, or (ii) any proprietary information derived in the course of performance of this Agreement. Such proprietary information includes but is not limited to, the names of NTS s Customers to whom delivery is made, any pricing information, or any information regarding NTS s Customers, products or Shippers. 17. CARRIER shall pay all expenses of every nature, including the expenses of road service and repair, in connection with the use and operation of the CARRIER s Equipment and shall, at its sole cost and expense, at all times during the term of this Agreement, maintain the Equipment in good repair, mechanical condition and appearance. CARRIER, at its sole cost and expense, shall employ in the operation of the Equipment only competent, able and legally licensed personnel satisfactory to NTS. CARRIER shall have full control of such drivers. 18. If any part of this Agreement is determined by competent public authority or court to be contrary to the laws or regulations of any application jurisdiction, then such invalid or unenforceable provision shall be severed from this Agreement; however, such determination shall not in any way affect the validity of any other provisions of this Agreement. In the event that Broker must institute a legal proceeding against the Carrier, under or in relation to this Agreement (whether based in contract, tort or any another legal theory of recovery) Broker shall be entitled to recover its reasonable attorney s fees and court costs incurred 19. This contract shall remain in effect until canceled by either party from the date hereof and set forth. Either party has the right to end this agreement and cancel or terminate this contract at any time by a thirty (30) day notice. Rights of the parties accrued during the term hereof, shall not be affected by any termination hereof. Any notices given pursuant to this contract shall be deemed to have been received by the other party by the mailing thereof, by Certified Mail, addressed to such party at their principal business address This Agreement shall be binding upon the parties hereto, their legal representatives, successors, heirs and authorized assigns. The Undersigned represent and warrant that they are authorized to enter this Agreement on behalf of their respective organizations. (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) Initials 4 P a g e

11 ACCEPTED AND AGREED CARRIER Signature: Printed Name: TITLE: DATE: ACCEPTED AND AGREED NTS Signature: Printed Name: TITLE: DATE: Legal Name of Carrier: Address: Initials 5 P a g e

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