***All service fees are collected at time of completed transactions. Dispatcher –Carrier Agreement This Agreement is made this day
by and between “DonSue Logistics LLC”, hereafter referred to as DISPATCHER, and , Hereinafter referred to as CARRIER. WHEREAS DISPATCHER is a transportation dispatcher handling the necessary paperwork between a SHIPPERS and the CARRIER in order to secure “CARGO” for said CARRIER. WHEREAS CARRIER is a Motor CONTRACT Carrier subject to the jurisdiction of the ICC: NOW, THEREFORE, in consideration of the promises and convents hereinafter contained it is mutually agreed by and between parties hereto as follows: OBLIGATIONS OF DISPATCHER 1. DISPATCHER agrees to handle paperwork, phone, fax calls to, from the SHIPPER/BROKER to tender commodities shipments to CARRIER for transportation in interstate commerce by CARRIER between points and places within the scope of CARRIER’S operating authority. 2. DISPATCHER bears no financial or legal responsibility in the transaction between the SHIPPER/BROKER, CARRIER agreement. OBLIGATIONS OF CARRIER 1. CARRIER agrees to pay DISPATCHER percent ( 5 %) of the face value of the contract between the SHIPPER/BROKER, CARRIER as stated on the load confirmation sheet. Carrier further agrees to pay DISPATCHER at time of securing cargo. 2. CARRIER gives DISPATCHER authority to provide his signature for rate confirmation sheets, invoices carrier packets and associated paperwork necessary for securing cargo and billing purposes. The terms of this agreement shall be perpetual, provided that either party may terminate same by giving 7 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 it’s 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 by SHIPPER/BROKER to CARRIER. Confirmation will be signed by DISPATCHER and returned to SHIPPER. 4. CARRIER shall be liable for loss, damage, or liability occasioned by the transportation of property arranged by DISPATCHER, SHIPPER/BROKER while in the possession of carrier. 5. CARRIER agrees to hold DISPATCHER, SHIPPER/BROKER harmless from any liability for personal injury or property damage occurring during 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 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 DISPACTCHER 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. 8. 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. 9. 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. 10. CARRIER agrees that it will function under terms of this agreement strictly as duly permitted contract carrier, and hereby waves any and all rate provisions, which may be contained in its published carrier tariffs. This agreement is made this day, 11. This agreement shall be deemed to be effective on the date that CARRIER and DISPATCHER, 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. DONSUE LOGISTICS LLC.
BY: Donald Brown TITLE: Operations Manager
Date:
CARRIER:
TITLE:
DATE:
LIMITED POWER OF ATTORNEY:
KNOW ALL MEN BY THESE PRESENTS that I of , hereby make, constitute, and appoint DonSue Logistics LLC, as my true and lawful attorney in fact for me and in my name, place, and stead; for the following purposes only: · To transfer documents · Accept loads ·Fill Carrier Packets · Discuss my accounts and invoice customers · Modes of communication for requesting and receiving information may include telephone, email, fax or mail.
Name:
Signature:
Date:
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