Duns #: SCAC: KAMW. Kam-Way Corporate Office

Transcription

1 Company Profile Business Name: Kam-Way Transportation, Inc. 215 Marine Drive, Suite 200 Blaine, WA Phone Number: (360) Fax Number: (360) Web: Established: April 16, 2008 Nature of Business: Third Party Logistics, Freight Broker, Dedicated Transportation MC #: Tax ID #: Duns #: SCAC: KAMW Bond #: 9910MZ275 $ $100,000 Contacts Dispatch/Available Loads: Corporate Office, Blaine WA: Phone: (360) Fax: (360) Dispatch@kam-way.com Money Singh Ext. 160 Milana Andrushenko Ext. 142 Team 1 Ext. 332 Team 2 Ext. 333 Fresno, CA Branch: Phone: (559) Fax: (559) FresnoDispatch@Kam-Way.com Daniel Rodriquez Ext. 224 Temo Cisneros Ext. 226 Ty Duguay Ext. 228 Canadian Operations: Canada: (604) Fax: (360) Robert Vogt US Num: (360) Ext. 141 Carrier Invoices, Quick Pay, POD: Phone: (360) Fax: (360) POD@Kam-Way.com Kam-Way Corporate Office 215 Marine Drive, Suite 200 #5 Blaine, WA Phone: (360) Fax: (360) Web:

2 References Carrier References: Ludtke Pacific (360) Bakerview Valley Road Bellingham, WA Contact: Lex Brown Line, LLC (800) Old Highway 99 Mount Vernon, WA Contact: John Northwest Freightway, Inc. (530) Allen Way Yuba City, CA Contact: Romy C & A Transportation Services (619) Marconi Drive, Suite 104 San Diego, CA Contact: Pedro On Time Trucking and Logistics (323) Cecelia St Cudahy, CA Contact: Baldo Kam-Way Corporate Office 215 Marine Drive, Suite 200 #5 Blaine, WA Phone: (360) Fax: (360) Web:

3 *PLEASE TYPE OR PRINT CLEARLY PART 1. LEGAL NAME Carrier Name Contact Name CARRIER PROFILE Primary Phone Secondary Phone/Cell Fax Dispatch Preference EIN # MC # DOT # SCAC# Fax PART 2. PRINCIPAL PLACE OF BUSINESS Physical Address City State Zip Mailing Address if different City State Zip PART 3. COMPANY INFORMATION Compliance Check all that apply OK to Canada? Services you provide CA-TRU C-TPAT TWIC Smart way YES NO Reefers Dry Vans PART 4. INSURANCE INFORMATION Insurance Company Name Phone Fax Please return this completed form with the following documents to: Insurance Certificate showing Kam-Way Transportation as the certificate holder: Kam-Way Transportation $1,000,000 Auto Liability required 215 Marine Drive, Suite 200 $100,000 Cargo Coverage required *Note reefer if applicable Blaine, WA Workers Compensation Insurance, or signed Kam-Way Workers Comp form Signed and initialed all five pages of Kam-Way Broker agreement Completed W-9 (US) or W-8 (Canada) Kam-Way Quick Pay form or Factoring "Letter of Assignment". MC Permit carriersetup@kam-way.com Fax: (360)

4 TRANSPORTATION BROKERAGE AGREEMENT This agreement the day of, 201 between Kam-Way Transportation Inc. (Hereinafter referred to as KWT) 215 Marine Drive, Suite 200, Blaine WA And Print Carrier Name: Address Phone: City, State, Zip: Fax: RECITALS Kam-Way Transportation MC# is a duly licensed motor carrier broker engaged in the motor carrier brokerage business. Whereas the Carrier is duly licensed motor carrier authorized to carry on business on business as a common and contract carrier pursuant to certificates of authority attached as Schedule A. Now therefore this agreement witnessed that in consideration of the mutual covenants and herein after contained, the parties agree as follows: 1. TRANSPORTATION SERVICES a) KWT may from time-to-time offer to the carrier shipments of products or commodities for transportation by the Carrier during the term of this agreement. If the carrier accepts any such offer made by KWT, the Carrier shall transport the shipment or shipments referred to in the offer within the time period and to and from such points as are designated by KWT. The Carrier shall solely be responsible and to provide all equipment, in good running order, as well as all vehicles licensing, properly trained and licensed personnel to perform the required transportation services. b) It is the express intent of the parties that this agreement shall govern all transportation services that are performed by the Carrier for or on behalf of KWT and that any published common Carrier rates filed with any regulatory authority shall not apply to any shipment tendered to this agreement. c) In performing the transportation services, the Carrier shall comply with all applicable laws and regulations and shall be responsible for payment of all highway use taxes, incidental to the performance of the transportation services. The Carrier shall solely be responsible to ensure that all equipment used to perform the transportation services and that all operating equipment meets the standards established by and are in compliance with all National Safety Code, US Page 1 of 5

5 Department of Transportation, Federal Motor Carrier Safety Administration, local and regional applicable laws and regulations. d) Any reference to transportation services or the performance thereof shall include not be limited to loading and un-loading of cargo and performing all other services incidental to the transportation service to be provided. 2. INSURANCE During the term of this agreement the Carrier shall maintain the following insurance: a) Auto liability insurance, personal injury and property damage (including pollution liability coverage) with limits of not less than $1,000,000 per occurrence; b) Cargo liability insurance covering cargo to its full replacement value of general $100,000 with refrigeration break down coverage. c) Commercial General Liability insurance, in a limit of not less than $1,000,000 per occurrence. d) All policies must name Kam-Way Transportation Inc. certificate holder and as additional insured with respect to automobile liability and cargo coverage. The carrier shall provide KWT before any movement of freight, with a certificate of insurance (utilizing the attached form) confirming the above described insurance is in effect. All policies for the insurance described above, provide that they will not be cancelled or materially modified without thirty (30) days prior notice to KWT. In case of workers compensation coverage, the Carrier will provide confirmation of coverage from the applicable Workers Compensation Board together with proof of payment of all assessments due. In lieu of workers compensation insurance coverage, carrier will complete and submit a, Certificate of election form. All insurance shall comply with applicable laws and regulations. 3. CARGO LOSS a) The carrier shall be solely liable to the full replacement cost for any loss or damage to any cargo which is loaded into the Carriers equipment at the point of origin and continues until the cargo is delivered to the designated customer. Payments for services performed to the extent of the claim, may be withheld until claim acceptance has been received from the insurance provider. b) The carrier shall notify KWT of any delay (delay being defined as any event likely to result in not meeting the delivery time required by the customer), cargo damage, cargo spill, loss or contamination, accident or incident (including but not limited to any violation of applicable laws or regulations) that occurs during the course of performing transportation services. 4. INDEMNITY The Carrier shall indemnify and save harmless KWT from and against all claims, losses, damage, actions and costs(including but not limited to legal fees) made against or sustained by KWT and arising out of or connected with the performance, non-performance or purported performance of transportation services or other obligations by the Carrier under this agreement. 5. RATES In accordance of transportation services rendered, KWT shall pay to the Carrier: a) At rates from time-to-time agreed to in writing by the Carrier and KWT. INT Page 2 of 5

6 6. TERM The initial term of this agreement is for one year from the date first entered into and shall automatically be renewed from year to year. Provided that on expiry of certificate a new certificate(s) is provided to KWT to allow for compliance on all insurance, licensing, workers compensation and the transportation of dangerous goods. The carrier may terminate this agreement afer thirty (30) days written notice. KWT reserves the right to cancel this agreement at any time without notice. 7. BACK SOLICITING During the term of this agreement and for a period of (1) year following termination of this agreement, the Carrier shall not solicit traffic or perform transportation services for or on behalf of any customer, shipper, consignee or consigner of KWT where: a) The traffic was first tendered to the Carrier by KWT. If the Carrier breaches the provisions of section 7, KWT is entitled to an amount equal to 15% of the revenue earned by the Carrier for traffic solicited and obtained contrary to section 7, during the 12 month period commencing from the date when the traffic first begins to move. 8. NONEXCLUSIVE KWT and the Carrier understand and agree that this agreement does not create an exclusive arrangement between the parties and both parties are at liberty to enter into similar agreements with any other company, carrier or brokerage firm and; The Carrier acknowledges that KWT is under no obligation to use the Carrier s services. 9. BILL OF LADING The carrier shall on each movement receive from the shipper a uniform shipping document, in form satisfactory to KWT. a) Traffic shall move under the Carriers terms and conditions of such Bill of Lading (BOL). Upon delivery of said commodity the carrier will fax to KWT, the shipper s bill of lading and the Proof of Delivery (POD). Carrier upon invoicing will provide all originals copies of bill of lading and proof of delivery and other miscellaneous paper work related to the freight movement. Carrier must provide the original copy of the Bill of Lading to KWT at the completion of the trip. b) If KWT shipment instructions indicate that the movement is cash on delivery (COD) the carrier shall collect from the consignee at the time of the delivery the dollar amount indicated on the bill of lading and remit the total to KWT. If the carrier fails to collect the COD amount from the consignee the carrier shall still be responsible for remitting the total amount to KWT. 10. LAW This agreement shall be governed by and construed to the laws of the state of Washington. 11. CONFIDENTIALITY Without limiting any obligation of either party at law, KWT and the carrier each agree to maintain in strict confidence any transportation rates quoted or referred to in this agreement. The obligation to maintain transportation rates in confidence shall not apply to tariff published rates. INT Page 3 of 5

7 12. CARRIER STATUS, RIGHTS AND RESPONSIBILITY Carrier will perform its Transportation Services for Broker and its Customers as an independent contractor and will not for any purpose is the agent of Broker or Broker s Customers. Carrier has exclusive control and direction of the work Carrier performs pursuant to this Agreement. Carrier will not contract or take other action in Broker s name without Broker s prior written consent. Carrier agrees to assume full responsibility for the payment of all local, state, federal and intra-provincial payroll taxes, and contributions or taxes for unemployment insurance, worker s compensation insurance, pensions, and other social security or related protection with respect to the persons engaged by Carrier for Carrier s performance of the transportation and related services, and Carrier shall indemnify, defend and hold Broker, and its Customer harmless there from. Carrier shall provide Broker, with Carrier s Federal Tax ID number and a copy of Carrier s IRS Form W-9 (United States) or W-8 (Canada) prior to commencing any transportation or related services for Broker, under this Agreement. a) No Right to Lien or Delay Release of Cargo or Equipment. Carrier will not assert any lien or make any claim on any cargo or equipment, and no lien will attach against Broker, its Customers or any cargo or equipment, for failure of Broker, the Customer or any other third party to pay Carrier for charges due to Carrier. b) Carrier shall, notwithstanding any other terms of this Agreement, expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B to the extent they conflict with this Agreement. 13. SAFTEY RAITING Carrier shall endeavor to maintain a satisfactory U.S. DOT safety rating but under no circumstances are they allowed to provide services under this contract if their safety rating falls to unsatisfactory. 14. CARRIER MOVING PERISHABLES Carrier warrants that the carrier will inspect or hire a service representative to inspect a vehicle s refrigeration or heating unit at least once each month. Carrier warrants that they shall maintain a record of each inspection of refrigeration or heating unit and retain the records of the inspection for a least one year. Copies of these records must be provided upon request to the carrier s insurance company and Broker. Carrier warrants that they will maintain adequate fuel levels for the refrigeration or heating unit and assume full liability for claims and expenses incurred by the Broker or the shipper for failure to do so. The carrier must provide their cargo insurance carrier with all records that relate to a loss and permit copies and abstracts to be made from them upon request. The following rules shall apply: (a) Destination market value for lost or damaged cargo, no special or consequential damages unless by special agreement; (b) Claims will be filed with Carrier by Shipper; (c) claims notification procedures will be followed in accordance with procedure described in 49 C.F.R MISCELLANEOUS a. Either party may waive in writing, in whole or in part, performance by the other party of any of the other party s obligations, undertaking, covenants or warranties contained herein. No such waiver shall in any way affect the right of the party granting the waiver from subsequently INT Page 4 of 5

8 enforcing the same obligations, undertaking, covenants or warranties nor shall any such waiver be taken or held to be a waiver or any further breach of any obligations, undertaking, covenants or warranties. b. Each of the covenants, provisions, articles, sections and subsections contained in this agreement are severable from every other covenant, provision, article, section and subsection and the invalidity or unenforceability of any one or more covenants, provisions, articles, sections or subsections or subsections under this agreement shall not affect the validity or enforceability of the remaining covenants, provisions, articles, sections and subsections. This agreement shall endure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. c. It is agreed that the carrier will not Re-Broker or Sub-Assign any load offered by Kam-Way Transportation without prior consent of Kam-Way Transportation. d. It is also agreed and understood that all Carriers must contact and update KWT every morning before 8:00 AM, Pacific Standard Time with all in/out times for pick-ups and deliveries, current location, estimated time of arrival to next stop, case counts, delays, delays at shipper/receiver of more than 2 hours. Any driver who is not available for this check-in will be subject to a $50.00 fine. All fines that are levied against us do to late delivery, are subject to be passed on to the carrier. IN WITNESS WHERE OF the parties here to have caused this agreement to be executed by their authorized representatives on the day written below. CARRIER Carrier Name MC #: Print Name Title: Signature Date: KAM-WAY TRANSPORTATION Print Name Title: Signature Date: Page 5 of 5

9 Substitute Form W-9 Identification Number and Certification 1. Legal Name (as shown on your income tax return) Request for Taxpayer Give Form to the requester. Do not send to the IRS. 2. Business Name, if different from Legal Name above - e.g.. Doing Business As (DBA) Name Print or Type 3. Check ONLY ONE box below (see W-9 instructions for additional information) (Must have first & last name in line 1. if filing Sole Proprietor) Individual or Sole Proprietor LLC, filing as a sole proprietor Partnership LLC, filing as a Partnership C-Corporation LLC, filing as a C-Corporation 4. For Corporation, S-Corp, Partnership or LLC, check one box below if applicable: Medical Attorney/Legal 5. If exempt form backup withholding, check here: (see instructions for W-9 to determine if you are exempt from backup withholding) Address (number, street, and apt. or suite) S-Corporation LLC, filing as a S-Corporation Trust/Estate City, State and Zip Part I Taxpayer Identification Number (TIN) Enter your EIN OR SSN in the appropriate box to the right (do not enter both) For individuals, this is your social security number (SSN). For other entities, it is your employer identification number (EIN). NOTE: The EIN or SSN must match the Legal Name as reported to the IRS. For a resident alien, sole proprietor, or disregarded entity, or to find out how to get a Taxpayer Identification Number, see W9 instructions. If the account is in more that one name, see W9 instructions for guidelines on whose number to enter. Part II Certification Social Security Number OR Employer Identification Number Under penalty of perjury, I certify that: 1 The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2 I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3 I am a U.S. person (including a U.S. resident alien). (For additional information about the W-9 see the W-9 instructions) Sign Here SIGNATURE of U.S. PERSON Date Revised: 11/14/ Substitute W9 KamWay.xlsx 1 of 1

10 CARRIER - QUICK PAY POLICY Kam-Way s policy is to pay at 28 days after we receive a legible Proof of Delivery. If you choose Quick Pay, please select the payment type: 5% Quick Pay 5% quick pay checks will be processed Monday through Friday within 48 business hours after receiving your original Proof of Delivery (POD) and invoice. 3% Quick Pay 3% quick pay checks are processed every Friday. Your original Proof of Delivery (POD) and invoice are due in the accounting office by 4pm onwednesday. Any invoices received after Wednesday at 4pm will be processed the next week. Payments will be processed and available on Monday. The percentage of quick pay whether it s 3% or 5% will be deducted from the original negotiated amount. Fuel advance fees will be separate from quick pay advances. I do not wish to use Quick Pay at this time For invoices that are going to be sent via overnight couriers they can be sent to: Kam-Way Transportation 215 Marine Drive, Suite 200 Blaine, WA Signature Date Company Name Kam-Way Corporate Office 215 Marine Drive, Suite 200 #5 Blaine, WA Phone: (360) Fax: (360) Web:

11 FUEL ADVANCE POLICY Fuel advances will be provided via EFS code. Fuel advances will be issued after the load is picked up and a clear copy Bill of Lading (BOL) is received by Kam-Way. Kam-Way will charge a 3% fee for any fuel advance provided with a minimum of $10.00 charge on each advance. A maximum of 40% of the total carrier rate will be given. If dead-heading to pick up a load which is over 100 miles, a request for NTA/TCH can be made as well before originating to the destination. A pre-set per gallon rate will be applied to the mileage. Any other non-fuel related requests MUST be pre-approved by the Carrier Operations Manager. Fuel advances will be issued between Monday - Sunday 7am to 7pm PST. All carriers must prepare in advance when requesting a fuel advance. Fuel advances will be deducted from the original negotiated amount. If a fuel advance is not issued, the original negotiated amount will be paid in full, following the guidelines of the Quick Pay. A $30 charge will be issued for any TCH requested and received, after 7pm Monday Sunday. For fuel advance requests please call: (888) or (360) Signature Date Company Name Kam-Way Corporate Office 215 Marine Drive, Suite 200 #5 Blaine, WA Phone: (360) Fax: (360) Web:

12 WORKERS COMPENSATION AGREEMENT All carriers/haulers for Kam-Way Transportation, Inc. must provide proof of workers compensation insurance if they have employees. Please provide either the Certificate of Insurance of Workers Compensation or complete Certificate of Election below: CERTIFICATE OF ELECTION CERTIFICATION The carrier named below certifies that it has no employees. The carrier named below certifies that it uses no independent contractors and/or carriers. Based upon the election not to cover owners, partners, or officers, the fact there are no other employees and that no independent contractors are used, a workers compensation policy is not purchased. AGREEMENT The carrier named below promises, in consideration for work received from Kam-Way Transportation, Inc. that if the owners, partners or officers choose to change their election, if any employee is hired or if any independent contractor is used, then a certificate of insurance evidencing worker compensation coverage will be furnished prior to the commencement of any work. CARRIER This is to certify that the carrier named below has elected to not cover its owners, partners or officers under the workers compensation laws of the below State. Carrier Name: MC Number: Street Address: City/State/Zip: By: Title: Signature: Date: Kam-Way Corporate Office 215 Marine Drive, Suite 200 #5 Blaine, WA Phone: (360) Fax: (360) Web:

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