RELATIONSHIP
The relationship of CARRIER to MLT Transport shall, at all times, be that of an independent contractor. MLT Transport agrees to solicit and offer freight transportation shipments for MLT Transport from and to such locations between service may be required, subject to availability of suitable equipment. MLT Transport shall be the agent for CARRIER 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 seven (7) days of such date, and automatically from week to week 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.
FREIGHT DISPATCH METHOD
MLT Transport objective is to design a pro-active logistic plan a week in advance, based on CARRIER's territory preference. The plan is to be influenced by the current situation on the market and/or region, in order to take advantage of the most profitable loads. MLT Transport coordinators (freight dispatchers) will find the loads that best match the CARRIER's preference and communicate such options with CARRIER and/or its driver. Once CARRIER agrees to accept the load, MLT Transport will send all necessary and required supporting documents to the broker/shipper. Once the load confirmation is received, it is forwarded to CARRIER, for its records. MLT Transport agrees to "assist" CARRIER with paperwork.
RATE INFORMATION
PERCENTAGE PLAN
MLT Transport service for a flat fee of 12% of the load confirmation (Include factoring)
EMERGENCY DISPATCH FEE
For a flat fee of $150 per load
COMPENSATION
The invoice must be paid via Square with a debit/credit card, Apple Pay or via bank transfer for the services rendered by the end of the business day Friday of the same week. The amount invoiced must be paid within four (4) hours. A FIFTEEN DOLLAR ($15) late fee will be assessed daily for all late payments. CARRIER will be compensated directly from the broker/shippers handling the load or from a factoring company chosen by CARRIER. If CARRIER should perform services of a transportation or warehousing nature for compensation for any other DISPATCHER or previous dispatched customer without prior documented authorization from (MLT Transport service for a flat fee of 12% of the load confirmation) during the applicable time in violation of this AGREEMENT, CARRIER shall pay to (MLT Transport) within ten (10) days of each such violation an amount equal to (30%) of all revenues invoiced by CARRIER to the solicited customer. If (MLT Transport ) locates, negotiates, and confirms a load via a signed rate confirmation from the broker/shipper and CARRIER has booked another load without advising MLT Transport via another DISPATCHER, CARRIER shall pay (MLT Transport) (35%) of the signed rate confirmation. Where a dispute or disagreement arises, both parties agree to tender the issue to binding arbitration in the State of North Carolina.
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, thirty (30) 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, plus liquidated damages of ten thousand ($10,000.00) dollars. Email: info@mlt-truckng.com Office: 866-744-7658 EMERGENCY DISPATCH FEE For a flat fee of $150 per load
NON-SOLICITATION
CARRIER agrees that it will not solicit traffic from any shipper, consignor, or customer of MLT Transport where the CARRIER transports loads or is made aware of such traffic, as a result of MLT Transport'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 a period of 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, be liable to MLT Transport 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
BILLS OF LADING
Each shipment will be evidence by a bill of lading issued by other broker/shippers. Such bills of lading or receipts or invoices are however, for the sole purpose of evidencing receipt of the goods.
EQUIPMENT
CARRIER agrees to provide, operate and maintain in good working condition under the laws of USDOT and FMCSA, motor vehicle and all allied equipment necessary to perform the Transportation Dispatch 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 dispatc 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. Email: info@mlt-trucking.com Office: 866-744-7658
FREIGHT LOSS, DAMAGE, OR RELAY
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. Payment by CARRIER to MLT Transport or its customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of MLT Transport's or customer's invoice and supporting documentation for the claim.
SUB-CONTRACT PROHIBITION
CARRIER specifically agrees that all freight tendered to it by MLT Transport 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 MLT Transport.
INDEMNIFICATION
CARRIER agrees to indemnify, defend and hold MLT Transport and its customer (including their officers, directors, employees, subcontractors, and agents) harmless from and against any and all liabilities, damage, fines, penalties, cost, claims, demands, and expenses of whatever type of nature. CARRIER shall be responsible for and agrees to indemnify MLT Transport 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 VENU
This AGREEMENT shall be governed by and constructed in accordance with laws of the State of Texas both as
interpretation and performance. MLT Transport and CARRIER hereby consent to and agree to submit to the jurisdiction of the Federal and State courts located in Houston, Texas in connection with any claims or controversies arising out of this AGREEMENT
ADDITIONAL PROVISIONS
In the case of insufficient funds or credit card decline or the invoice is not paid, 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 $250.
DISCLAIMER
MLT Transport is NOT responsible for:
- Billing Issues
- Load problems
- Advances (All advances will have to be handled directly between Client and shipper/broker unless
requested by Client)
- DOT compliance issues
- SPIKE INSURANCE
IN WITNESS WHEREOF,
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as the date written.