Agent Service - Carrier Agreement
I, {firstamp}, on behalf of {carriersName}, a licensed Motor Carrier, MC# {mc} located at {headquartersAddress32} hereby authorized i-RA-COM to act as my agent for the sole purpose of searching for & booking shipments, tracking, processing all brokerage paperwork, and obtaining Certificates of Insurance as required in order to expedite shipments and dispatch via telephone, fax, or e-mail for my truck(s) and trailer(s).
All billing, invoicing, and collections of revenue from customers, brokers, shippers, consignees, etc- are the sole responsibility of the CARRIER If revenue for a shipment or shipments is uncollectible, i-RA-COM will be held harmless and no penalty or deduction of fees will be made.
The CARRIER agrees to maintain all proper licenses and permits to conduct business as a motor carrier in the area of intended operation. Additionally, the carrier agrees to maintain liability and cargo insurance at the amounts set forth by the Federal Motor Carrier Safety Administration F.M.C.S.A and the home state of the CARRIER. iRACOM will be held harmless in the event of any and all claims. iRACOM bears no financial or legal respoinsbility in the transaction betweeen the Broker/Shipper, Carrier agreement. This agreement is non-exclusive and only valid on a “load to load basis". The agreement is automatically renewed once the freight has been identified by iRACOM and the CARRIER agrees to secure that particular load. CARRIER agrees to pay iRACOM 10 % of the face value of the contract between the Broker/Shipper, Carrier as stated on the load confirmation sheet for each shipment iRACOM identifies and secures with no minimum charge. iRACOM “may elect” to provide the carrier with a discounted fee on a load to load basis. The carrier shall pay iRACOM an amount equal to the above-stated percentage no later than 24 hours after receiving payment. Payments are to be conveniently paid with any Debit or Credit Card, digital currency, or app. Payments may also be sent via bank wire transfer. Per the carrier’s request, i-RA-COM will provide a bank routing & account number. i-RA-COM will not be responsible for any fees associated with wire transfers.
Broker/shipper agress to pay CARRIER promptly, following receipt of a freight bil and proof of delivery of each shipment to it's assigned destination, free of damage of shortage. The amount ot be paid by Shipper/Broker shall be establihsed between parties on a per shipment basis prior to commencementof each individual shipment. A load confirmation including details of shipment and revenue to be paid will be supplied via fax/email by Shipper/Broker to CARRIER. Confirmation will be signed by iRACOM and returned via fax/email to Broker/shipper. CARRIER shall be liable for loss, damage, or liability occassioned by the transportation of proparty arranged by iRAOCM, Broker/Shippper while in the possession of CARRIER. CARRIER agress to hold iRACOM, Broker/Shipper harmess from any liability for personal injury or property damage occuring during operation conducted by CARRIER pursuant to this agreement. CARRIER acknowledges that a breach of this provision will give rise to immediate and irrparable injury to iRACOM, which is inadquately compensated in damages. Accordinly, CARRIER agrees that iRACOM is entitled to obtain injunctive relief against the breach or threatened breach by CARRIER of this obligation, in addition ot any other legal remeedies, which may be available. CARRIER furthur acknoewledges that the precise damages iRACOM would substain out of any breach of htis ovenant 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 assessb y CARRIER for transportation services provided to any account of iRACOM is handled in contravention of this agreement, plus liquidated damages of ten thougsand (10,000.00) dollars. CARRIER gives iRACOM authority to provide his/her signature for rate confirmation sheets, invoices and associated paperwork necessary for securing cargo and billing purposes. The CARRIER will be responsible to comply with all applicable state and federal regulations pertaining to the operation of a motor carrier.
CARRIER and iRACOM agree that iRACOM, at great expense, has developed a broad customer base of shippers, receivers, and brokers that is essential to the successful operations of his company. CARRIER and iRACOM agree that disclosure of the identity of one or more of the companies said customers to CARRIER constitutes valuable consideration. During the term of this AGREEMENT and for a period of two (2) years from its termination, CARRIER shall not, directly or indirectly, sol icit or do business years from its termination, CARRIER shall not, directly or indirectly, solicit or do business involving transportation or of a warehousing nature with any the companies customers who are serviced by CARRIER as a result of this AGREEMENT unlessotherwise agreed by the parties in writing. CARRIER acknowledges that the customer information being provided by iRACOM is the sole and exclusive property of iRACOM 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 iRACOM 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. 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 servi ce for that customer under arrangements first made or procured by iRACOM. Solicitation includes conduct initiated or induced by CARRIER, or accepted by CARRIER, upon inducement by iRACOM efforts.
If CARRIER should perform services of a transportation or warehousing nature for compensation for any iRACOM customer without prior documented authorization from iRACOM during the applicable time period in violation of this AGREEMENT, CARRIER shall pay to iRACOM within ten (10) days of each such violation an amount equal to (10%) of all revenues invoiced by CARRIER to the solicited customer. Where a dispute or disagreement arises, both parties agree to tender the issue to binding arbitration in the “South Carolina”. Any and all disputes concerning this fee agreement or contractor's invoices are subject to final and Binding Arbitration. The cost of arbitration and collection shall be paid by the client. CARRIER acknowledges that a breach of this provision will give rise to immediate and irreparable injury to iRACOM, 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 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 shall be deemed to be effective on the first date that CARRIER, iRACOM, and Broker/Shipper commence business together, and the parties hereby agree that the provisions herein properly express and memorial ize the complete understanding as contained in any prior agreement either written or verbal.
Limited Power of Attorney
KNOW ALL MEN BY THESE PRESENT that I {firstamp}, of {carriersName}, hereby make, constitute, and appoint iRACOM of 6650 Rivers Avenue, Charleston, SC 29406, as my true and lawful Attorney In Fact ("Agent"). iRACOM agents shall have full power and authority to act on my behalf. This power and authority shall authorize iRACOM 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. iRACOM powers shall include, but not be limited to, the power to:
Cntact shippers and brokers on my behalf for cargo. Transfer of Paperwork (Carrier Packet, Rate Confirmations, Insurance Certificates, Invoices and all necessary paperwork) to shippers. Sign and Execute Rate Confirmations for freight on CARRIER. 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. iRACOM shall not be liable for any loss that results from a judgment error that was made in good faith. I authorize my Agent to indemnify and hold harmless any third party who accepts and
acts under this document. iRACOM shall be entitled to reimbursement of all reasonable expenses
incurred in connection with this Power of Attorney. iRAOCM shall provide an accounting for all acts performed as CARRIER'S agent in relations to loads associated with CARRIER'S MC Number, per CARRIER'S request or if such a request is made by any authorized personal representative or fiduciary acting on behalf of CARRIER'S. This Power of Attorney shall become effective immediately and shall not be affected by CARRIER'S disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. This Power of Attorney shall continue effective for (24 Months). This Power of Attorney may be revoked at any time by providing (30 Days) written notice to other party.
RARA SOLUTIONS, LLC D/B/A iRACOM Logistics
Christopher A. Sullivan, Sr.
Founder/Owner
6650 Rivers Drive
Charleston, SC 29406
{date} {timeeastern117}
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