MarWest Logistics LLC
PO Box 1391
Saraland AL 36571
Phone: 504-881-3405
Fax: 504-515-0309
Email: marwestlogistics@gmail.com

Agreement for Dispatch Services

1. STATEMENT OF WORK

MarWest Logistics will:

1. Book loads on the Client’s behalf.
2. Send rate confirmations to Clients by 6 pm.
3. Find freight that best matches the profile for the Client.
4. Upon the Client agreeing to the load, MarWest Logistics LLC will fax to shipper/broker the Clients, Authority, W-9, proof of insurance, and order insurance certificates if required, along with any other required supporting documentation.
5. Handle the setting of appointments if necessary.
6. Prepare directions to shipper/consignee, if necessary.
7. Assist with any problems that arise in the transit of the load when necessary, within our capabilities. Client is responsible for their own equipment, we can direct you to a service location that may be helpful.
8. All load information is available to the Client at all times, MarWest Logistics LLC will hold on to the dispatch, accessorial information, etc. until the load is completed.
9. Upon forwarding the final load confirmation, and sending all documentation to the Client, the services of MarWest Logistics LLC have been fully performed.
10. Book and communicate load information to drivers between 8 am and 7 pm Monday – Friday. The client will reach out to the broker for any issues regarding the load after 7 pm

Obligations of Dispatcher

1. Dispatcher agrees to handle paperwork, phone, and fax to and from the Broker or Shipper to tender commodities or shipments to Client for transportation in interstate commerce by Client between points and places within the scope of Client’s operating authority.
2. Dispatcher bears no financial or legal responsibility in the transaction between the Shipper, Client agreement.
3. Dispatcher will:
- Make a 100% effort to keep the Clients truck(s) loaded.
- Client will be contacted about every load we find, the offer, and the driver will Accept or Reject the load. The client cannot cancel once the load is booked.
- Invoice the Client on Thursday's weekly for service, also provide a copy of each load Confirmation Sheet, Client is being billed for.

PROVISION: Once a load has been set up for the Client and all information is given, it will be the responsibility of the Client to handle directly with the shipping party any problems, issues, delays, overages, shortages, damages, or billing and collections issues. In no event will MarWest Logistics 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 service.

If I secure a Dedicated lane for you, you are still responsible for the 10% fee to Dispatcher for the duration of that lane and or contract.

We do not guarantee a minimum gross amount for trucks under our dispatch service but our weekly gross quota is $5,000. Each truck, however, can gross more depending on how hard the driver is willing to work.

Obligations of Client

1. Client gives MarWest Logistics LLC authority to provide his/her signature for rate confirmation sheets, invoices, and associated paperwork necessary for securing cargo and billing purposes.
2. Client 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 the Shipper to the Client shall be established between the parties on a per shipment basis before the commencement of each shipment. A load confirmation including details of shipment and revenue to be paid will be supplied via FAX or EMAIL by Shipper to Client. Confirmation will be signed by MarWest Logistics and returned via FAX or EMAIL to Shipper.
3. Client agrees to text MarWest Logistics LLC when they arrive at the shipper.
4. Client agrees to text MarWest Logistics LLC once loaded.
5. Client agrees to text MarWest Logistics LLC once they arrive at the receiver.
6. Client agrees to text MarWest Logistics LLC once unloaded from the receiver.
7. In the event of a breakdown, the Client is responsible for contacting roadside. We recommend signing up with a roadside company and issuing that contact info to your driver. The client is responsible for payment of any needed repairs.
8. Client nor driver is allowed to cancel once a load is booked.
9. Client is responsible for obtaining all permits.

2. COMPENSATION
The client will be invoiced weekly on Thursday for 10% of the Gross Profit of the  truck for services rendered. The amount due to DISPATCH will be due by 12:00 pm Friday. 

If the load gets canceled by Client for any reason, (i.e. breakdown, etc.) The client will not receive credit for the load in question and will still be responsible for the percentage of the load amount that was canceled. If the carrier does not communicate with the dispatcher that he or she will not be working the day, the load was searched a $50 cancellation fee will be applied. It is the carriers full responsibility to communicate with the dispatcher his or her workweek (i.e days carrier will be working) Every Sunday by 6 pm.

The dispatcher will not reach out to carriers asking if they will be working. If the dispatcher does not hear from the carrier by the end of each Sunday dispatcher will assume you will be working that Monday.

PROVISION: In the case of insufficient funds or credit card decline, a load will not be dispatched until the account is paid current. If account is not paid by dead line on Friday a late fee of $150.00 will be added to your account. After 5 days your account is subject to suspension, and In which case it will be subject to a reinstatement fee of $150 and/ or Non payment will be filed against your Insurance and MC number.

3. 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 Customer’s facility rules and regulations while on Customer’s premises. If a driver is going on vacation or needs time off that needs to be communicated with the dispatcher, also the days needed off and days the carrier will resume back working. So carriers can be removed from the worklist for those days. If the carrier does not communicate that cancellation fee will be applied. The carrier will provide the places they are willing to travel along with a rate per mile dispatcher will accommodate carriers based on that initial conversation. If for any reason it needs to be changed, the carrier needs to communicate that to
the dispatcher.

4. 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.

5. NON-SOLICITATION
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 DISPATCH’s efforts. It is further agreed that this non-solicitation provision shall be in force and effect during the term of this AGREEMENT and for one (1) year 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 the breach, will be liable to DISPATCH for 100 percent (100%) of the gross transportation revenue received by CARRIER from the said shipper(s) within one (1) year after the date of termination of this AGREEMENT.

6. 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

7. 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 a shippers goods or property while under CARRIER’s care. Payments by CARRIER to DISPATCH or its customer, under the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of DISPATCH’s or customer’s invoice and supporting documentation for the claim.

 Loading Procedures Commercial vehicles must be loaded in such a manner as to prevent their cargo from leaking, spilling, blowing, or falling from the vehicle. The cargo must be immobilized or secured to prevent shifting to the extent that the vehicle’s stability or maneuverability is affected. All vehicle structures, systems, parts and components used to secure cargo must be in proper working order with no damaged or weakened components that will adversely affect their performance. Cargo must be firmly immobilized or secured on or within a vehicle by structures of adequate strength, dunnage or dunnage bags, shoring bars, tie-downs or a combination of these. Articles of cargo that are likely to roll must be restrained by chocks, wedges, a cradle or equivalent means to prevent rolling. Federal regulations provide for specific means of securing logs, building products, metal coils, paper rolls, concrete pipes, intermodal containers, automobiles, heavy equipment, crushed vehicles, and boulders. The cargo must be secured so that when a vehicle decelerates at a rate of 20 feet per second, the cargo will remain on the vehicle and will not penetrate the vehicle’s front-end structure. Any vehicle having a load or component which extends beyond the sides more than 4 inches or more than 4 feet beyond the rear must have the extremities marked with a red or orange fluorescent warning flag. If the projecting load is 2 feet in width or less, only one flag is required at the extreme rear of the load. If the projecting load is greater than 2 feet in width, two flags must be used at the extreme width and length on each side of the load.

Responsibilities for Proper Loading A driver cannot operate a commercial vehicle unless (1) the cargo is properly distributed and adequately secured, (2) the means of fastening the cargo is secured, and (3) the cargo does not obscure the driver’s view or interfere with the movement of his arms or legs. A driver must assure himself that the load is adequately secured before he drives the vehicle and must examine the cargo and its load-securing devices within the first 50 miles after beginning a trip and adjust the load-securing devices as needed. The driver must also reexamine the cargo and its securing devices when he makes a change of his duty status after the vehicle has been driven for three hours, or after the vehicle has been driven 150 miles whichever comes first. The load inspection procedures do not apply to a sealed trailer when the driver has been ordered not to open it or to a trailer that has
been loaded in a manner that makes inspection of the cargo impracticable. If a member of the public is injured because of improperly loaded cargo, both the shipper who loaded the cargo and the Client may be held liable for the injury. A shipper that assumes responsibility for loading the vehicle can be held liable for improperly securing a load under a common law theory of negligence, and federal regulations will provide evidence of the proper standard of care to be utilized by the shipper in loading the vehicle. When the driver himself is injured in an accident, the shipper cannot be held liable for the improper loading of the vehicle unless the loading defects are latent and concealed and cannot be discerned by ordinary observation by the agents of the Client. In determining if the defect in loading is patent and should have been discovered by the driver, a court will take into consideration the experience of the driver and whether the driver is given assurances by the shipper’s employees that there is no defect in the loading of the cargo. A motor Client cannot be held liable for improperly loading a sealed trailer since the driver does not have the opportunity to inspect the load. When a person is injured during the loading or
unloading process at the shipper or consignee’s facility, the trucking company’s liability will be determined according to the rules applicable to the facility owner, and the company will be subject to the same liability or freedom from liability as to the owner.

8. GOVERNING LAW, JURISDICTIONS AND VENUE
This agreement shall be governed by and constructed in accordance with laws of the State of Alabama both as to interpretation and performance. DISPATCH and CARRIER hereby consent to and agree to submit to the jurisdiction of the federal and state courts located in Mobile County, Alabama in connection with any claims or controversies arising out of this Agreement.

DISCLAIMER:
MarWest Logistics LLC is NOT responsible for:
1. Billing Issues
2. Load problems
3. Advances (All advances will have to be handled directly between Client and Shipper / Broker)
4. Handling and storage of paperwork (All documents will be sent to Client unless other arrangements are made)
5. DOT compliance issues.
6. SPIKE INSURANCE