DISPATCH + CARRIER AGREEMENT
This agreement is made as of thisday {date}, by and between Journeying Enterprise hereby referred to as a dispatcher, and Motor Carrier {motorCarrier5}, under jurisdiction of FMCSA and ICC as an interstate carrier of property holding authority, MC#{mc101} and DOT#{dot102} .Upon due considerations, the identified Dispatcher and Carrier above have determined a contract agreement that adheres to their mutual benefit and interests; thereby agreeing to the following terms and conditions for the purpose of providing and receiving specified services under specified rates.
Journeying Enterprise is a transportation dispatching service handling all the necessary paperwork and freight rate negotiations between freight brokers, shippers, and the carrier to secure "loads" for said carrier. Although services can be provided, Journeying Enterprise is NOT responsible for the following: billing issues, load problems, advances (all advances will have to be handled directly between the carrier and shipper/broker), handling and storage of paperwork (all documents will be sent to carrier, at carrier's expense), and DOT compliance issues.
The transportation service provided by carrier for freight shippers, whether on regulated, unregulated, or interstate traffic, is intended by the parties to be contract carriage between the Carrier and Freight Shippers/Holders as defined in 49 U.S.C. § 13102 (4) and $14101 (b) and not between Dispatcher, and the Parties hereto intend that the contractual arrangement be continuous in nature until this agreement is, by its terms terminated. Now therefore, in consideration of the mutual covenant and undertakings herein, and subject to the terms and conditions set forth, the parties hereto warrant, covenant and agree as follows: Carrier desires to retain Journeying Enterprise by executing a Limited Power of Attorney to find, negotiate, and procure freight for and dispatch.
1. RELATIONSHIP - The relationship of carrier to dispatch shall, at all times, be that of an independent contractor.
2. TERM - The term of the agreement shall be deemed effective and perpetual as of the date hereof until termination by either parties by giving 7 days written notice to the other.
3. SERVICE PROCESS - The objective is to proactively plan for days to weeks in advance based on carrier's territorial preference and availability. The plan will be influenced by the current situation of the market and/or region in order to take advantage of the most profitable loads. Once loads are sourced, there will be open communication with the carrier to determine acceptance of the load. Based on your factoring service, a credit check will be performed. When load is accepted by the carrier, Journeying Enterprise will review and send all necessary and required supporting documents to broker/shipper. After receiving load confirmation, carrier will be forwarded all necessary paperwork for their records. This is all executed as carrier gives Journeying Enterprise authority to provide their signature for rate confirmations sheets, invoices and associated paperwork necessary for securing cargo and billing purposes. Carrier also acknowledges that he nor another dispatcher should not be procuring his own loads without notifying Journeying Enterprise, the dispatcher to avoid incidents of double booking and cancellations. In the event of double bookings or load cancellation due to carrier or another dispatcher procuring their own loads, carrier is still responsible for paying Journeying Enterprise $200 for loss of commission on that load.
If selected, comprehensive back office support for DOT compliance will be provided as needed. This includes but is not limited to making sure all necessary files are digital, complete, accurate, legible and compliant with DOT standards. This service will provide preparation for audits (new entrant and compliance review), corrective action plan assistance and submission, DOT paperwork folder assembly, driver qualification files (DQF), IFTA registration and filings, permits, form 2290 and weekly reviews (completed loads and comments along with driver pay calculated.) The accuracy and meticulousness of this process depends on the submission of requested paperwork by carrier.
4. BILL OF LADING - Each shipment will be finalized by a bill of lading by the broker/shipper for the sole purpose of evidencing receipt of goods. The bill of lading must be forwarded/faxed to Journeying Enterprise once received and signed.
5. EQUIPMENT & DRIVERS - 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. Carrier also 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. Carrier will be responsible to comply with all applicable state and federal regulations pertaining to the operation of a motor carrier. Carrier's personnel are expected to conduct themselves in a professional manner at all times, and shall ascertain and comply with all of the customer's facility rules and regulations while on customer's premises.
6. SUB-CONTRACT PROHIBITION - Carrier agrees that all freight tendered to it by Journeying Enterprise 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 prior written consent of dispatching company.