• 1ST CLASS TRANSPORT LLC

  • DISPATCH CARRIER AGREEMENT

  • This AGREEMENT made as of this     day of      2022 by

    and between 1st Class Transport LLC [DISPATCH] and motor carrier , licensed by the FMCSA as an interstate

    carrier of property holding authority, MC # [CARRIER]. DISPATCH

    and CARRIER have, upon due consideration, determined that a contract agreements to

    their mutual advantage and best interest, they hereby agree to the following terms and

    conditions.

  • DOCUMENTS

  • CARRIER must furnish 1st Class Transport LLC with the following documents prior to the implementation of this agreement via email at dispatch@1stclasstransport.net.

     
    1)   Dispatch Carrier Agreement form
    2)   Copy of Authority
    3)   Copy of CDL Driver License
    4)   A signed W-9 form (dated within 90 days)
    5)   Certificate of Insurance

            a.    Liability Insurance: $1,000,000
            b.    Cargo Insurance: $100,000
            c.    General Liability: $1,000,000 GL / $2,000,000 aggregate
    6)   Trailer Interchange/ Non-Owned Trailer Insurance: $40,000 (Power-only)
    7)   Notice of Assignment (if using factoring company)
    8)   Credit Card Authorization Form w/ copy of front and back of credit card
    9)   Limited Power of Attorney form 

    10) Voided Check

  • RELATIONSHIP

  • The relationship of CARRIER to DISPATCH shall at all time be that of an

    independent contractor. DISPATCH agrees to solicit and offer freight transportation

    shipments for CARRIER from and to such locations between services may be required,

    subject to the availability of suitable equipment. DISPATCH shall be the agent for

    CARRIER for searching for loads, booking them, dispatching and handle all paperwork

    directly with the broker and/or shipper.

  • TERM

  • The term of this AGREEMENT shall be effective as of the date hereof, and shall

    continue thereafter for a term of one (1) year of such date, and automatically renew

    from year to year thereafter, subject to the right of either party hereto to cancel the

    AGREEMENT at any time upon not less than seven (7) days written notice by certified

    mail of one (1) party to another.

  • DISPATCH SERVICE METHOD

  • DISPATCH objective is to design a pro-active logistic plan a week in advance,

    based on CARRIER’s territory preference. The plan is influence by the current

    situation on the market and/or region, in order to take advantage of the most

    profitable loads. DISPATCH logistic coordinators (dispatchers) will find loads that

    best match CARRIER's preference, and communicate such options with CARRIER

    and/or its driver. Once CARRIER agrees to accept the load, we (DISPATCH) will

    send all necessary and required supporting documents to broker/shipper. Once the

    load confirmation is received, it is forward to CARRIER for its records. DISPATCH

    agrees to “assist” CARRIER with paperwork.

  • DISPATCH SERVICE PLAN

  • FLAT RATE - 10% of load

    ***15% for CONTRACT Lanes***

    ADMINISTRATIVE FEE - $25 per load (carrier packet, COI, billing, invoicing, etc)

    NOTE: IF YOU NEED EMERGENCY DISPATCH SERVICE, A FEE OF $50/HR (MINIMUM 2HRS) WILL APPLY!

    *Emergency services are last minute dispatching services / less than 24hr notice*

  • COMPENSATION

  • The amount due to DISPATCH will be automatically deducted from a Debit/Credit Card

    provided by CARRIER on this agreement. By the end of the business day of

    receiving the load confirmation from brokers/shippers, we (DISPATCH) will charge

    the Debit/Credit Card on file for the agreed service rendered. If the CARRIER chooses

    to be invoiced then the CARRIER agrees to NONE AUTOMATIC PAYMENTS and agrees

    to pay the invoice within four (4) hours. The invoice can be paid via Credit/Debit

    Card, ACH, PayPal or Cashapp. CARRIER will be compensated directly from the broker

    or shipper handling the load or from a factoring company chosen by CARRIER.

  • CARRIER agrees that it will not solicit traffic from any shipper, consignor, or customer

    of DISPATCH where the CARRIER transports loads or is made aware of such traffic, as  

    a result of 1st Class Transport LLC efforts. It is further agreed that this non-solicitation

    provision shall be enforce and effective during the term of this AGREEMENT and for a

    period of two (2) years from the date of the termination of this AGREEMENT for any

    reason. In the event of non-compliance with the specific provisions of this paragraph,

    CARRIER upon discovery of breach, be liable to DISPATCH for 100 percent (100%) of

    the gross transportation revenue received by CARRIER from said shipper(s) within

    two (2) years after the date of termination of this AGREEMENT.

  • NON-SOLICIATATION

  • BILLS OF LADING (BOL)

  • Each shipment will be evidence by a bill of lading (BOL) issued by broker/shipper.

    Such bills of lading or receipts or invoices are however, for the sole purpose of

    evidencing receipt for the goods.

  • EQUIPMENT

  • CARRIER agrees to provide, operate and maintain in good working condition, motor

    vehicles and all allied equipment necessary to perform the transportation schedule in

    a safe, efficient and economical manner.

  • DRIVERS

  • CARRIER agrees to provide properly qualified, trained and licensed drivers and other

    personnel to perform the transportation and related services under this Agreement

    and each transportation schedule in a safe, efficient and economical manner.

    CARRIER’s personnel are expected to conduct themselves in a professional manner at

    all times and shall ascertain and comply with all of the customers’ facility rules and

    regulations while on the customer's premises.

  • FREIGHT LOSS, DAMAGE OR DELAY

  • CARRIER shall have the sole and exclusive care, custody and control of the shipper’s

    property from the time it is picked up for transportation, until it is delivered to the

    destination. CARRIER assumes the liability of a common carrier for loss, delay,

    damage to or destruction of any and all of shipper’s goods or property while under

    CARRIER’s care. Payments by CARRIER to DISPATCH or its customer, pursuant to

    the provisions of this section, shall be made within thirty (30) days following receipt

    by CARRIER of DISPATCH or customer’s invoice and supporting documentation for the

    claim.

  • SUB-CONTRACT PROHIBITION

  • CARRIER specifically agrees that all freight tendered to it by DISPATCH shall be

    transported on equipment operated only under the authority of CARRIER, and that

    CARRIER shall not in any manner sub-contract, broker, or in any other form arrange

    for the freight to be transported by a third party without the prior written consent of

    DISPATCH.

  • INDEMNIFICATION

  • CARRIER agrees to indemnify, defend and hold DISPATCH and its customer

    (including their officers, directors, employees, subcontractors and agents) harmless

    from and against any and all liabilities, damage, fines, penalties, costs, claims,

    demands and expenses of whatever type or nature. CARRIER shall be responsible for

    and agrees to indemnify DISPATCH for any and all personal injury, property

    damage, loss, claim, injury, obligation or liability arising from CARRIER’s actions,

    behavior or transportation pursuant to this agreement.

  • GOVERNING LAW, JURISDICTIONS AND VENUE

  • This agreement shall be governed by and constructed in accordance with laws of the

    State of Pennsylvania both as interpretation and performance. DISPATCH and

    CARRIER hereby consent to and agree to submit to the jurisdiction of the federal and

    State courts located in Philadelphia County, Pennsylvania in connection with any

    claims or controversies arising out of this AGREEMENT.

  • ADDITIONAL PROVISIONS

  • In the case of insufficient funds or credit card decline, there is a built in grace period

    of 48 hours after the due date, before the account is subject to suspension. In which

    case, the account must be paid current and is subject to a reinstatement fee of $100.

  • DISCLAIMER

  • DISPATCH is NOT responsible for:

    1) Billing Issues

    2) Load Problems

    3) Advances (All advances will be handled directly with shipper/broker)

  • IN WITNESS WHEREOF,

  • The parties hereto have executed this AGREEMENT as of the date written.

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  • CARRIER'S COMPANY PROFILE

  • Instructions: Please complete this form giving us all the information. The better

    informed we are, the better we will be able to assist you. This form should be updated

    at any time there is a change, by notifying us. This information is for our use only and

    will not be released to any third party without your express written permission.

  • SECTION 1: CARRIER INFORMATION

  • SECTION 2: EQUIPMENT

  • TRUCK & TRAILER INFO

  • SECTION 3: SERVICE AREAS

    Disclaimer: Check the states you wish to run, otherwise we will assume that you want

    to run all 48 states and your route will be planned accordingly!

  • Section 4: RATE OF HAUL INFORMATION

  • Please provide us your ideal (reasonable) rate information. We understand that many 

    factors will change this information but this will give us a starting point.
     
    Ideal Rate Per Mile:       

  • Section 5: FACTORING INFORMATION

  • If you use factoring service, please provide the following information. This will ensure

    that we only use brokers approved by your factoring company.

  • Section 6. INSURANCE INFORMATION

    Please provide us with your insurance contact information (phone, email and website)

    where we can request certificates of insurance on behalf of the shipper.

  • Please refer three (3) Owner Operators who you believe might benefit from our service.

  • CREDIT CARD PAYMENT AUTHORIZATION FORM

  • I,     hereinafter called CARRIER do hereby authorize 

    1st Class Transport LLC (DISPATCH), to initiate a weekly debit entry for the amount listed

    below, starting on the date listed below, to the credit card account indicated below, in

    consideration of the dispatching service provided to me. I understand that my signature on

    this authorization form, along with a photocopy of the front and the back of both my credit

    card, as well as my driver license, will allow me the convenience of not having to produce

    these items for impression at the time of service.

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  • Authorized Weekly Payment Amount Equal to 10% of loads (non-contract) and 15% for contract lanes:

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  • This authorization is to remain in full force and effect until the ending date listed

    above. I understand that I will be notified via email when DISPATCH debit my account

    each week. I understand that if the load is tendered and accepted by me, but

    for any reason, whether is due to carrier, shipper, or broker, the load gets

    reschedule or cancelled, I am still responsible for paying DISPATCH as set

    out above. Any revocation shall not be effective until DISPATCH is notified by

    CARRIER in writing to cancel this automatic payment authorization, in such time and

    in such a manner as to afford DISPATCH a reasonable opportunity to act on it.

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  • LIMITED POWER OF ATTORNEY

  • This Limited Power of Attorney (the AGREEMENT) is made effective on    

    (date) between: 1st Class Transport LLC hereinafter called DISPATCH, a company 

    established under the laws of the State of Pennsylvania, and   hereinafter

    called CARRIER, motor carrier company with MC #    . DISPATCH as my

    Attorney-in-Fact (AGENT DISPATCH) agents shall have full power and authority to act on

    my behalf. This power and authority shall authorize DISPATCH to manage and conduct

    affairs and to exercise all of my legal rights and powers, including all rights and powers that

    I may acquire in the future. DISPATCH powers shall include,  but not be limited to, the

    power to: dispatch services that include: contacting drivers, shippers and brokers on my

    behalf for cargo. Transfer paperwork such as carrier packets, rate confirmations,

    certificates of insurance, invoices and all necessary paperwork to shippers. Sign and

    execute rate confirmations for freight.

    This Power of Attorney shall be construed broadly as a General Power of Attorney. The 

    listing of specific powers is not intended to limit or restrict the general powers granted in 

    this Power of Attorney in any manner. DISPATCH shall not be liable for any loss that 

    results from a judgment error that was made in good faith. However, DISPATCH shall be 

    liable for willful misconduct or the failure to act in good faith, while acting under the 

    authority of this Power of Attorney. I authorize DISPATCH to indemnify and hold harmless

    any third party who accepts and acts under this document. This Power of Attorney shall

    become effective immediately and shall remain in full force and effect until revoked by me

    in writing. Such revocation is to be sent via e-mail ten (10) days in advance to DISPATCH at: dispatch@1stclasstransport.net.

    IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date below.

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  • Non-Competition Agreement

  • This Non-Competition Agreement (“Agreement”) is made and entered into this

       day of      , 2022 (the “Effective Date”) by and 

    between    (“CARRIER”) and 1st Class Transport LLC ("DISPATCH")

    For good consideration and as an inducement for Company to enter into this Agreement 

    with CARRIER, CARRIER hereby agrees not to directly or indirectly compete with 

    DISPATCH Company and its successors and assigns during the period of employment 

    and for a period of 2 years following termination of employment and notwithstanding the 

    cause or reason for termination.

    The previously mentioned term “not compete” as used herein shall mean that Member 

    shall not own, manage, or operate a business substantially similar to or competitive with 

    the present business of Company or such other business activity in which DISPATCH may 

    substantially engage during the term of employment. CARRIER acknowledges that 

    DISPATCH shall or may in reliance of this Agreement provide access to trade secrets, 

    clients, and other confidential data and good will. Employee agrees to retain said 

    information as confidential and not to use said information on his or her own behalf or 

    disclose same to any third party. This Agreement shall extend for a radius of 300 miles 

    from any location from which any services conducted by DISPATCH are operated out of 

    and shall be in full force and effect for 2 years after termination. This Agreement shall be 

    binding upon and inure to the benefit of the parties, their successors, assigns, and 

    personal representatives.

    The parties hereby acknowledge that they are bound by obligations set forth in this 

    document by affixing their signature below.

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