CONTRACT CARRIER – BROKER TRANSPORTATION AGREEMENT
THIS AGREEMENT is made this ________ day of ______________, _______ by and between ___________________________________________________, hereinafter referred to as “CARRIER”, and Cobra Trucking, LLC (Cobra Trucking, LLC), hereinafter referred to as “BROKER”, for the purpose of transportation services between a Motor Carrier Broker and a Contract Motor Carrier in accordance with the provisions of 49 CFR 1053.
BACKGROUND FACTS
A. CARRIER is an Interstate Motor Contract Carrier authorized by Permit No. MC___________________ ( copy of which permit is attached and made a part hereof) and is ready, willing and able to perform interstate transportation services for the BROKER under the terms and conditions of this agreement.
B. BROKER is a duly licensed Motor Carrier Broker under Permit No. MC 1156227 (Sub 12). As authorized by such, BROKER is engaged in the business of arranging for transportation services for others via carriers authorized by the DOT. BROKER desires to engage the services of CARRIER for the transportation of commodities to be tendered to CARRIER by BROKER.
TERMS AND CONDITIONS
1. CARRIER agrees to transport the goods as ordered by BROKER subject to CARRIER’S authority as a Contract Carrier. In the event the CARRIER holds dual DOT authority as both a Common and a Contract Carrier, it is understood that this agreement relates only to its authority as a Contract Carrier.
2. CARRIER agrees to transport goods between points it is authorized to serve at a mutually agreed upon price negotiated on a per shipment basis between both parties.
3. BROKER will perform all billing, invoicing, and collection services with customers for transportation services rendered.
4. On behalf of the parties or persons for whom Broker acts, BROKER agrees to pay CARRIER for its services within 30 days of receipt of an invoice for the agreed upon transportation compensation, together with a properly executed bill-of-lading or shipping order, and clearly signed and dated receipt showing delivery to the consignee.
5. CARRIER shall perform its obligations under this agreement as an independent contractor and not as an agent or employee of the BROKER. The hiring, terms of employment, and discharge of employees and/or agents performing transportation services hereunder shall be in the sole and exclusive control and responsibility of CARRIER.
6. CARRIER shall utilize drivers and/or agents and equipment which comply with all applicable Interstate Commerce Commission and U.S. Department of Transportation laws and regulations, as well as all other Federal or State regulations pertaining to the operations of a Motor Carrier.
7. CARRIER shall be liable for all losses, damage, or delay to any cargo transported under this agreement while such cargo is under the custody and control of such CARRIER or its agents. In addition, CARRIER shall be liable for any loss or damage to Shipper or Consignee’s property, equipment, or personnel when loss or damage is caused by the negligence of CARRIER or its agents. All claims submitted to CARRIER for cargo loss or damage will be handled in accordance with the standard rules and practices governing claims under 49 CFR Part 1005.
8. CARRIER specifically obligates itself to the fullest extent of the law to indemnify and protect BROKER and save it harmless from any and all losses, penalties, damages, claims, suits, attorneys fees, or liabilities for injuries to property, injury to persons, including death, and from any other claims, suits or liabilities on account of any act or omission of CARRIER or its officers, agents, employees, or servants or any subcontractor or other person directly or indirectly engaged by it, whether or not caused in whole or in part by CARRIER’S negligence.
9. CARRIER will secure and keep in force, during the term of this agreement, Insurance as follows: Public Liability and Property Damage (P.L. & P.D.) and Workers Compensation with reliable companies in sufficient amounts to meet the requirements of all Federal, State, and local laws and regulations. In addition, CARRIER will secure and maintain Primary Cargo Liability Insurance in sufficient amounts to cover the value of each shipment tendered to its care. CARRIER shall cause its insurance carrier to forward to BROKER a certificate of insurance for P.L. & P.D., Cargo, and Workers Compensation. Each certificate shall require the insurance carrier to list BROKER as additional insured and shall give BROKER written notice 30 days prior to the cancellation of such insurance.
The minimum insurance limits required by Redding Lumber Transport, Inc. will be:
A) P.L. & P.D. $ 1,000,000.00
B) Cargo $ 100,000.00
C) Workers Compensation – as required by the State of California
10. CARRIER, at its sole cost and expense, shall procure, maintain, and be
Responsible for all licenses, permits, road tax, fuel use tax, and/or other fees as many required by Federal, State, or local authorities for the performance of transportation services pursuant to this agreement.
11. The term of this agreement shall be for a period of one (1) year commencing on the date signed by CARRIER, and will automatically be renewed from year to year unless modified or cancelled by either party on not less than thirty (30) days written notice.
12. This agreement shall be construed in accordance with, and governed by, the laws of the State of California. If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire contract.
The parties acknowledge and agree that this contract was entered into at Aurora, OR.
BROKER CARRIER
Cobra Trucking, LLC ________________________
1800 Montana Ave. ________________________
Shasta Lake, CA 96019
________________________
__Matthew Lord____________ ________________________
Authorized Representative Name Authorized Representative Name
________________________ ________________________
Signature Signature
______Manager____________ ________________________
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