How To Write A Property Broker Contract Carrier Agreement



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Transcription:

Thank you for your interest in SIGNATURE LOGISTICS, INC. In order to set up your company in our carrier system the following information is needed. Signed Contract Carrier Agreement (return both pages) W-9 (must have authorized signature) Copy of DOT Authority DOT Safety Rating Certificate of Insurance listing SIGNATURE as holder Please Fax or Mail all Material to Signature Logistics 901 Waterman Ave East Providence, RI 02914 FAX #: 508-336-4693 Phone# 401-354-7015

BROKER INFORMATION Signature Logistics 901 Waterman Ave East Providence, RI 02914 phone: 401-354-7015 fax: 508-336-4693 Email: info@signaturelogistics.net MC#: 773320 Fed ID#: 45-4336039 Bond: Liberty National Policy / Surety # 20111753 Bank: Citizens Bank East Providence, RI 401-438-1356 TRADE REFERENCES Delta Freight systems Spinning Wheels 2300 East Higgins Rd Suite 203 152 Lynn Way Suite 2 D Elk Grove Village, IL 60007 Lynn, MA 01902 847-378-8912 x210 800-889-4675 Email: guy@adcco.com

PROPERTY BROKER CONTRACT CARRIER AGREEMENT Whereas, SIGNATURE LOGISTICS, Inc. is authorized by the Federal Motor Carrier Safety Administration (FMCSA) to operate as a property broker in interstate or foreign commerce at Docket No. MC 773320-B (herein referred to as BROKER ) with offices located at 5 Almeida Ave East Providence, RI 02914. Whereas,, hereinafter called CARRIER with offices located at holds authority issued by the (FMCSA) at Docket No. MC - to transport property as a motor contract carrier in interstate or foreign commerce (copy of permit attached), or is authorized to transport property as a motor contract carrier intrastate by the appropriate state regulatory authorities; and Whereas, BROKER desires to tender freight to CARRIER, and CARRIER desires to accept freight from BROKER; Now, therefore, in consideration of the mutual covenants and promises herein contained, the parties hereto, intending to be legally bound hereby, agree, represent and warrat as follows: 1. CARRIER is an independent contractor and shall have exclusive control and direction of the persons operating vehicles or otherwise engaged in providing transportation services. CARRIER assumes full responsibility for the payment of all local, state and federal payroll and/or withholding taxes; contributions or taxes for unemployment insurance, old age pensions, Social Security, workers compensation and other social security related protection; and all other costs related to the employment of persons engaged in the performance of transportation services. CARRIER is not authorized or empowered to obligate or bind BROKER as to third parties in any manner whatsoever. 2. From time to time, BROKER has unique, distinct, and continuing transportation needs and CARRIER agrees to provide motor carrier services designed to meet these needs. These needs may include flatbed service, van service, short notice availability, delivery scheduling, detention, stops in transit, scale requirements, rate making negotiability, and permit securement. 3. The compensation which shall be paid by BROKER to CARRIER for the transportation services shall be agreed upon by the parties prior to the performance of any service by CARRIER and set forth in a rate confirmation sheet sent via facsimile by BROKER and received by CARRIER. 4. CARRIER agrees that rates negotiated with BROKER, and evidenced by CARRIER S freight bill verifying such rates, shall take precedence over any published tariff rates CARRIER may have on file as a common carrier. If CARRIER subsequently issues a balance-due freight bill, or files an undercharge claim, in an effort to collect its published tariff rates, the parties agree that the entire amount of such balance-due bills or undercharge claims shall represent a commission owed to BROKER. Rules in tariffs filed and published by CARRIER shall not apply to any shipment tendered by BROKER. 5. Except as otherwise provided, BROKER shall pay CARRIER S invoices, after verification and acceptance, within thirty-one (31) days after BROKER receives from CARRIER proof of delivery (without exception), certificates of insurance and other documents deemed necessary by BROKER to secure payment from the shipper or thirty (30) days from delivery, whichever is later. One hundred percent (100%) of all detention and truck ordered not used charges will be forwarded to CARRIER only when BROKER receives payment from the customer. 6. CARRIER will promptly transmit to BROKER claims for loss or delay of shipments handled for BROKER while transportation a shipment for BROKER. CARRIER shall also be liable for any loss, damage, injury or delay of any shipment while in the custody, possession or control of CARRIER or resulting from CARRIER S failure to properly perform its obligations under this agreement. CARRIER S liability shall be the same as if CARRIER were operating as a motor common carrier subject to the cargo liability obligations of motor common carriers. The parties acknowledge that the provision of 49 U.S.C. 11707 and Part 1005 of Title 49, Code of Federal Regulations, and the cases, regulations, and administrative ruling interpreting those provisions are applicable and controlling. The aforementioned provisions notwithstanding. BROKER may withhold from compensation due CARRIER amounts sufficient to satisfy claims or pending claims for loss, shortage or damage, including pallet shortages, arising out of transportation of shipments under this Agreement. Initials:_ Contract Carrier Agreement Page 1 of 2

PROPERTY BROKER CONTRACT CARRIER AGREEMENT (continued) 7. CARRIER indemnifies, saves harmless, and defends BROKER from and against loss, damage, injury and/or claims (including attorney fees) asserted by any and all persons, including employees of CARRIER, which arise out of negligence or breach of contract of CARRIER in connection with the transportation of any and all shipments under this Agreement. CARRIER agrees to procure and to keep and maintain in full force and effect at its own expense, cargo insurance on all merchandise carried hereunder in amounts equal to the greater of $100, 000.00 or replacement value of the cargo hauled on each trip and bodily injury and property damage liability insurance on all motor vehicles of CARRIER used in transportation under this Agreement in amounts at least equal to coverage limits required by the Interstate Commerce Commission. This coverage shall include the additional requirements for shipment of hazardous material if the CARRIER agrees to transport hazardous materials on behalf of BROKER. Carrier shall furnish written evidence of adequate BI/PD public liability and cargo insurance in at least the minimum amounts above, shall name BROKER as a loss payee on said coverage and require the insurance company to give BROKER written notice ten (10) days prior to the cancellation of said coverage. 8. CARRIER will not, without the prior written authorization of BROKER, directly or indirectly, contact, communicate with or deal with any of BROKER S accounts during the term of this agreement or for a period of one (1) year following its termination. BROKER S accounts shall be defined as any consignor or consignee introduced to CARRIER by BROKER and for which CARRIER cannot provide a valid bill of lading and invoice for transportation service dated within six months prior to the BROKER S introduction of the account to CARRIER. In the event that CARRIER breaches this provision, CARRIER shall be liable to BROKER for a commission in the amount of thirty-five (35%) percent of the gross revenue per load on any freight transported by CARRIER for any of BROKER S accounts and costs and reasonable attorney s fees in the event legal proceedings are necessary to collect said amounts. This commission is payable for any shipments handled during the period that this Agreement remains in force, and for a period of one year after the termination of this Agreement by either party. CARRIER also hereby consents to the issuance of an injunction against it to prohibit any further violations of this paragraph. 9. The terms of this Agreement shall not be modified except by a written amendment signed by both parities. 10. This agreement shall continue in effect until termination by either party upon thirty (30) days prior written notice by certified mail. 11. This Agreement shall be construed in accordance with the laws of the State of Ohio except that any status or period of limitation applicable to interstate commerce shall apply. If any of this Agreement is determined to be contrary to the laws or regulations of any jurisdictions, such determination shall not affect the validity of any other terms of conditions. IN WITNESS WHEREOF, the parties hereto enter into this Agreement on the day of, _, which shall be the effective date. Carrier: Broker: SIGNATURE LOGISTICS, INC. Signed: Signed: Name: Name: Dennis A Pavao Title: Title: Vice President

CARRIER PROFILE Company Name Physical Address Mailing Address Main Phone # Fax # Night Phone # _ Dispatch Contacts E-Mail _ MC # DOT # Federal ID # _ Equipment Description # Power Units # Flats / Size # Sides / Size # Vans / Size Specialized Factoring Information Factoring Company Mailing Address Phone # Contact Name E-Mail Signature Logistics, Inc. 901 Waterman Ave East Providence, RI 02914 p:401-354-7015 f: 508-336-4693