1. CARRIER agrees to pay DISPATCHER percent (10%) of the face value of the contract between the SHIPPER, CARRIER as stated on the load confirmation sheet for fulltime dispatching services. (7%) if multiple trucks and or back-office support included in services. (15 %) for part-time dispatching services including a $50 monthly fee for part-time dispatching services (pay as you go will require $20 load finder fee plus 18% per booked load). Carrier further agrees to pay DISPATCHER per invoice, within 2 hours for every load taken pin the prior 24 hours at the above percentage. This payment is automatically withdrawn from the account provided by the Carrier as listed on this contract if not paid within 24 hours. If a dispatching agreement is on file with carriers factoring company all payouts will be made by the factoring company. However part-time dispatching services $50 monthly fee will be required to be paid via banking details on file for the carries. Carriers are also responsible to pay a Fee Protection Deposit Required in the amount of $100 for fulltime dispatching and/or $100 dollars for part-time or no-call dispatching services.
2. CARRIER gives DISPATCHER authority to provide his signature for rate confirmation sheets, invoices, and associated paperwork necessary for securing cargo and billing purposes. The terms of this agreement shall be perpetual, provided that either party may terminate the same by giving 30 days written notice to the other.
3. SHIPPER agrees to pay CARRIER promptly, following receipt of a freight bill and proof of delivery of each shipment to its assigned destination, free of damage or shortage. The amount to be paid by SHIPPER to CARRIER shall be established between parties on a per shipment basis prior to commencement of each individual shipment. A load confirmation including details of shipment and revenue to be paid will be supplied via FAX by SHIPPER to CARRIER. Confirmation will be signed by DISPATCHER and returned via FAX to SHIPPER.
4. CARRIER shall be liable for loss, damage, or liability occasioned by the transportation of property arranged by DISPATCHER, SHIPPER while in the possession of the carrier.
5. CARRIER agrees to hold DISPATCHER, SHIPPER harmless from any liability for personal injury or property damage occurring during the operation conducted by CARRIER pursuant to this agreement.
6. CARRIER will be responsible to comply with all applicable state and federal regulations pertaining to the operation of a motor carrier.
7. CARRIER and DISPATCHER agree that DISPATCHER, at great expense, has developed a broad customer base of shippers, receivers, and brokers that is essential to the successful operations of his company. CARRIER and DISPATCHER agree that disclosure of the identity of one or more of the companies said customers to CARRIER constitutes valuable consideration. During the term of this AGREEMENT and for a period of two (2) years from its termination, CARRIER shall not, directly or indirectly, solicit or do business years from its termination, CARRIER shall not, directly or indirectly, solicit or do business involving transportation or of a warehousing nature with any the company’s customers who are serviced by CARRIER as a result of this AGREEMENT unless otherwise agreed by the parties in writing.
8. Carrier acknowledges that the customer information being provided by DISPATCHER is the sole and exclusive property of DISPATCHER and that neither it, nor any employee, agent, or subcontractor shall back-solicit, directly or indirectly, communicate or perform any service for compensations for any account of DISPATCHER which has previously tendered to CARRIER for transportation, nor shall it pass on or reveal any customer information obtained to any other person or company.
9. Solicitation prohibited under this AGREEMENT means participation in any conduct, whether direct or indirect, the purpose of which involves transportation and/or handling of property by CARRIER for which CARRIER does, or did in the past, provide such service for that customer under arrangements first made or procured by DISPATCHER. Solicitation includes conduct initiated or induced by CARRIER, or accepted by CARRIER, upon inducement by DISPATCHER efforts.
10. If CARRIER should perform services of a transportation or warehousing nature for compensation for any DISPATCHER customer without prior documented authorization from DISPATCHER during the applicable time period in violation of this AGREEMENT, CARRIER shall pay to DISPATCHER within ten (10) days of each such violation an amount equal to (10%) of all revenues invoiced by CARRIER to the solicited customer, (15 %) for part-time dispatching services including $50 monthly fee for part-time dispatching services. Where a dispute or disagreement arises, both parties agree to tender the issue to binding arbitration in the “State of Your State”.
11. CARRIER acknowledges that a breach of this provision will give rise to immediate and irreparable injury to DISPATCHER, which is inadequately compensated in damages. Accordingly, CARRIER agrees that DISPATCHER is entitled to obtain injunctive relief against the breach or threatened breach by CARRIER of this obligation, in addition to any other legal remedies, which may be available. CARRIER further acknowledges that the precise damages DISPATCHER would sustain out of any breach of this covenant may be difficult to ascertain and agrees that it shall pay as damages, twenty-five (25) percent of the aggregate of all rates and charges assessed by CARRIER for transportation services provided to any account of DISPATCHER that is handled in contravention of this agreement, plus liquidated damages of ten thousand ($10,000.00) dollars.
12. CARRIER agrees that it will function under terms of this agreement strictly as a duly permitted contract carrier, and hereby waives any and all rate provisions, which may be contained in its published carrier tariffs.
13. This agreement shall be deemed to be effective on the first date that CARRIER, DISPATCHER, and SHIPPER commence business together, and the parties hereby agree that the provisions herein properly express and memorialize the complete understanding as contained in any prior agreement either written or verbal.
14. Rates and charges/billing: CARRIER will pay for the services rendered by DISPATCHER on the basis of
the rate of ten percent (10% full-time service/ 15% part-time service) of the tendered rate shown on the
LOAD RATE CONFIRMATION sheet. Payment to DISPATCHER by CARRIER shall be complete and final without recourse. CARRIER will pay within fifteen (15) days of invoice or on a written agreement between DISPATCHER and CARRIER. A FIFTEEN DOLLAR ($15) late fee will be assessed daily for all late payments.
15. Payment agreement: LOAD RATE CONFIRMATION must be signed and returned via fax or email,
preferably in .pdf form, on each load assigned by the DISPATCHER.
a) CARRIER must call DISPATCHER when loaded with any information requested by Freight Broker or
Shipper (such as Bill of Lading number, pieces, and weight).
b) CARRIER must call DISPATCHER when the load is delivered to confirm delivery accepted without exception or other problem.
c) Any exception upon delivery must be immediately conveyed to DISPATCHER before the driver leaves the consignee’s facility.
d) It is the responsibility of the CARRIER to complete the carrier package from the freight broker or shipper.
e) It is the responsibility of the CARRIER to maintain the minimum insurance levels as prescribed by the
F.M.C.S.A and by the freight broker or shipper.
f) The CARRIER authorizes the DISPATCHER to execute and sign the SET-UP PACKAGES / RATE
CONFIRMATIONS on their behalf to acquire the load.
g) CARRIER must agree to hold DISPATCHER harmless.
16. Indemnification: CARRIER shall indemnify, defend, and hold DISPATCHER harmless from any loss or liability arising from performing services under this Agreement.
17. Modifying the Agreement: This Agreement may not be modified unless agreed in writing by both parties.
18. Resolving Disputes: If a dispute arises under this Agreement, any party may take the matter to a
court within the jurisdiction of Missouri state. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties.
19. Confidentiality: DISPATCHER acknowledges that it will be necessary for CARRIER to disclose certain confidential and proprietary information to DISPATCHER in order for DISPATCHER to perform duties under this Agreement. DISPATCHER acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm CARRIER. Accordingly, DISPATCHER will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of CARRIER without CARRIER's prior written permission except to the extent necessary to perform services on CARRIER's behalf.
20. No Partnership: This Agreement does not create a partnership relationship. DISPATCHER does not have the authority to enter into contracts on the CARRIER's behalf.
21. Assignment and Delegation: DISPATCHER may not assign or subcontract any rights or delegate any of its duties under this Agreement without CARRIER's prior written approval.
22. Canceled Loads Fee's: For any load canceled by the carrier there will be a $150 cancellation fee charged per load.