1. RECITAL
Terms and Agreement for Services
This agreement made between Hammer Lane Dispatch, LLC referred to as Dispatch in this
contract and {Business Name} referred to as Client, desires to retain Hammer Lane
Dispatch, LLC, by executing a Limited Power of Attorney to find and secure freight for the
Clients equipment. Client must prior to the implementation of the agreement furnish to Hammer Lane Dispatch, LLC the following.
- Signed Limited Power of Attorney
- Signed and Completed Dispatch Agreement
- Copy of Clients Authority (Attached to online application, or emailed to your rep directly).
- Proof of Insurance Certificate, listing Hammer Lane Dispatch, LLC as Certificate
Holder. (Our address is Hammer Lane Dispatch LLC 1120 E. Main St. Medford, OR 97504.
- We require
$1,000,000 Liability and at least $100,000 Cargo Coverage.
- A Signed W-9 Form
- Filled out application.
- Copy of Owners Driver's License and Drivers Drivers License
- Voided Check
- Credit Card Authorization form or Factoring payment agreement
- Drivers Name, Number, Email and Truck and Trailer Number.
- Reference Page with 3 References
Statement of the Work Dispatcher will:
- Find freight that best matches profile of the Carrier.
- Upon the Carrier agreeing to the load, Dispatcher will email to shipper/broker the Carriers, Authority, W-9, proof of insurance, and order insurance certificates if required, along with any other required supporting
- Handle the setting of appointments if necessary, (depending on agreement)
- Prepare directions to shipper/consignee, if necessary (depending on agreement)
- Assist with any problems that arise in the transit of the load when necessary, within our capabilities, (depending on agreement) Carrier is responsible for own equipment, we can direct you to a service that maybe
- All load information is available to the Carrier at all times, Dispatcher will hold on to the dispatch, accessorial information, etc. until the load is completed, billed and paid for.
Upon forwarding the final load confirmation, and mailing all documentation to the Carrier, the services of the Dispatcher have been fully performed.
Obligations of Dispatcher:
- Dispatcher agrees to handle paperwork, phone, and fax to and from the Broker or Shipper to tender commodities or shipments to Carrier for transportation in interstate commerce by Carrier between points and places within the scope of Carrier’s operating authority.
- Dispatcher bears no financial or legal responsibility in the transaction between the Shipper, Carrier
- Dispatcher will:
- Make a 100% effort to keep Carrier's truck(s) loaded.
- Carrier will be contacted about every load we find an offer, and the driver will Accept or Reject the load.
- Invoice the Carrier at the time of service, also provide a copy of each load Confirmation Sheet, Carrier is being billed for.
Obligations of Carrier:
- Carrier gives Dispatcher authority to provide his/her signature for rate confirmation sheets, invoices and associated paperwork necessary for securing cargo and billing purposes.
- Carrier agrees to collect payment from the Shipper 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 the 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 or EMAIL by Shipper to Carrier. Confirmation will be signed by Dispatcher and returned via FAX or EMAIL to Shipper.
2. SERVICE PLANS
Rates are as Follows:
Full size semi- 8% of Load Amount (Reefers, Dry Vans, Flat beds, Step Decks, CDL Hotshots) This is for
the unlimited use of service including load finding, broker/shipper check in, submittal of
carrier packs, invoicing, and billing. Payment for this plan is to be made in advance prior to
each rate confirmation being forwarded to CLIENT for loading. payment can be made by
submitting a copy of a credit card or debit card. NOTE: (No charge will be made until load is
agreed upon by verbal agreement by CLIENT and or email is received accepting the load.
CLIENT may also pay via Vendor agreement with factoring company.
Non-CDL Hot Shots/ Box Trucks- Please refer to NON CDL Hotshot/ Box Truck Plan at top of Home Screen. A different application and pay plan for these type of accounts.
Factoring payment discount of 1% if we can set up to get paid from your factoring company
when you get advanced.
Factoring with our factoring Company Treadstone Capital you will recieve a 2% discount on dispatch services, please ask your rep for details.
Credit Card on file with credit card authorization form on file, recieve a 1% discount. Credit/Debit cards are charged 48 hours after the load is dropped. If payment declines, your account will be given a 5-day grace period will be allowed before the account becomes overdue. At 13 days the account will be suspended and a reactivation fee of $200 will apply in addition to any overdue fees.
Multi-Truck discount of 1% for having more that 1 truck dispatched.
Other provisions: Any non-payment(s) or insufficient funds pertaining to any of our services
will be charged at $50.00 per occurrence and may be subject to reasonable late fees and
penalties regardless or cause through credit card processing and or factoring after 30 days
(about 4 and a half weeks) from booking any load(s). Once an open invoice is delinquent 30
days Client will be charged $1 every day as a late charge, until debt is paid in full.
After thirty days if said account is still delinquent Hammer Lane Dispatch, LLC may turn said
account for collection processing. Should Hammer Lane Dispatch LLC have to resort to
collections there will be a $39.99 collection fee added to balance. Any and all Service fees
are subject to change. Hammer Lane Dispatch, LLC will notify CLIENT of any changes in
writing thirty days in advance of any changes that may occur.
3. EFFECTIVE DATE, DURATION AND TERMINATION
This agreement shall be in effect upon the date submitted and signed by CLIENT.
Limited Power of Attorney shall stay in effect until either party has submitted 7-
day notice of termination of services via email or mail. Please submit notice to:
Hammer Lane Dispatch, LLC
1120 East Main St. Medford, OR 97504
or
email:
ryan@hammer-lanedispatch.com
4. STATEMENT OF DUTIES
Hammer Lane Dispatch, LLC, will:
Locate freight that best matches profile of CLIENT.
Will contact CLIENT with load matches and go over options.
Credit Check loads to assist CLIENT in best business decisions.
Upon CLIENT agreeing to take load, Hammer Lane Dispatch, LLC will email
Shipper/Broker the CLIENT Carrier setup packets, Authority, Insurance, W-9 and any
supporting documents needed to secure the load.
Upon forwarding of final load information, and emailing all documentation to CLIENT,
Hammer Lane Dispatch, LLC have been duly and fully performed.
5. PAYMENT CONSIDERATION
The CLIENT agrees to pay for the services per the schedule in Attachment "A" of this
Agreement Payment for our Plans. Payment is paid in advance via credit, debit card or voided check provided by client. All agreed discounted plans that have been set up by Vendor pay through CLIENTS Factoring
Company via arranged and upon approval with Hammer Lane Dispatch, LLC payment may
be paid by factor from CLIENTS factoring advance.
At Hammer Lane Dispatch, LLC has booked a load and has received a "Rate Confirmation"
the load will be considered final for payment purposes unless there are additional charges
ie: layover pay, detention payor any other billable occurrence that increases the total gross
invoice amount. After the "Rate Confirmation" has been issued, CLIENT is responsible for
payment of the booked load, regardless of any non-payment or delays of payment from
customer to CLIENT directly or through a factoring company.
In the event CLIENT is using a factoring company and there is a non-payment or a delay of
payment issue that causes any delay in payment for services provided by Hammer Lane
Dispatch, LLC, CLIENT agrees that Hammer Lane Dispatch, LLC may charge CLIENTS credit, debit card or voided check on file for services rendered. If payment has not been received from factoring
company within 10 days (about 1 and a half weeks) from time of said load(s) were
delivered, or 10 days (about 1 and a half weeks) from the time the load was booked
regardless of if the CLIENT has delivered the load or loads in question due to any delays or
damages.
Before the "Rate Confirmation" is sent to CLIENT via email, Hammer Lane Dispatch, LLC will
charge the dispatch service fee to CLIENTS credit or debit card for payment unless the
CLIENT has been setup for Vendor Payment through their factoring company.
6. ADDITIONAL CONSIDERATION
Once a load has been set up and booked for the CLIENT and all pertinent information has
been given, it will be the responsibility of the CLIENT to handle directly with the shipping
party any and all issues regarding delays, overages, shortages, damages, or billing
collection issues. In no event will Hammer Lane Dispatch, LLC, be liable for any incidental,
consequential, or indirect damages for the loss of profits or business interruption arising out
of the use of the dispatching service provided. CLIENT agrees to hold harmless, before and
after the contract, all direct or indirect damages resulting from CLIENTS hauling Shipper's
freight. This includes, but is not limited to loading problems, issues, delays, overages,
shortages, damages, or billing and collection issues and hours of service. CLIENT will be
responsible for notifying Hammer Lane Dispatch, LLC of changes to Authority, Insurance
and or CLIENT profile or ownership. Hammer Lane Dispatch, LLC will work within the
established parameters of the CLIENTS company profile. Hammer Lane Dispatch, LLC will
notify the CLIENT of best matches of loads for approval prior to making any haul
commitments unless otherwise permitting Hammer Lane Dispatch, LLC to book loads
without getting approval from CLIENT, verbally or in writing. Hammer Lane Dispatch, LLC
will mail all necessary documentation required to become an approved Carrier to the
Broker/Shipper.
7. DISCLAIMER
Hammer Lane Dispatch, LLC IS NOT RESPONIBLE FOR:
- Billing Issues
- Load Problems of any nature
- Advances (All advances will have to be handled directly between CLIENT
and Shipper/Broker)
- Handling and Storage of paperwork (all documents will be sent to CLIENT
unless other arrangements have been made.)
- DOT Compliance
- Equipment Upkeep
- Permits of any kind
- Pilot Cars
- Lumpers
- Penalties, fines or cancellation of load(s) between Carrier and Broker
- Carrier canceling a load after the Rate Confirmation has been issued.
8. GOVERNING LAW
This agreement shall be governed and construed in accordance with the laws of the State of
Oregon without giving effect to any choice of law or conflict of the law's provisions or rule
(whether of the State of Oregon or any other jurisdiction) that would cause the application
of the laws of any jurisdiction other than those of the State of Oregon.
9. DISPUTE RESOLUTION
Venue for any dispute regarding interpretation or enforcement of this agreement is Jackson
County, Oregon. The prevailing party in any such action shall be entitled to reimbursement
for reasonable attorney fees incurred at trial or any appeal thereof