1. DOCUMENTS
CARRIER must furnish DISPATCHER with the following documents prior to the implementation of this agreement, via email: info@booksmartlogistic.com
- Dispatch Carrier Agreement
- Copy of Client's Authority (MC Permit)
- Credit Card Authorization Form
- A signed W-9 form
- Copy of Owner Operator’s and Driver’s Driver License
- Limited Power of Attorney form (Required for factoring or Rate Cons)
- Certificate of Insurance, in Cargo Coverage Proof of Insurance DISPATCH as Certificate Holder: bookSmart logistics LLC Listing
2. RELATIONSHIP
Relationship of CARRIER to DISPATCH shall, always, be that of an independent contractor. DISPATCH agrees to solicit and offer freight transportation shipments for CARRIER from and to such locations between service may be required, subject to the availability of suitable equipment. DISPATCH shall be the agent for CARRIER for searching for loads, booking them, dispatching, handle all paperwork directly with the broker and/or shipper, and any load problems. Carrier cannot impede on freight arrangement relationships built by dispatcher. CARRIER/ OWNER OPERATOR WILL SIGN PACKET AGREEING TO HAVE bookSmart logistics LLC AS THEIR DISPATCHER UNTIL ONE OR BOTH PARTIES DECIDE TO PART IN BUSINESS. bookSmart logistics LLC DOES NOT DOUBLE DISPATCH ALONGSIDE ANOTHER ENTITY.
DISPATCH’s objective is to design a pro-active logistic plan a week in advance, based on CARRIER’s territory preference. The plan is influence by the current situation in the market and/or region, to take advantage of the most profitable loads. DISPATCH’s logistics coordinators (dispatchers) will find loads that best match CARRIER's preference and communicate such options with CARRIER and/or it’s driver. Once CARRIER agrees to accept the load, DISPATCH will send all necessary and required supporting documents to broker/shipper. Once the load confirmation is received, it is forward to CARRIER, for its records. DISPATCH agrees to “assist” CARRIER with any load issues, road assistance, paperwork, and/or billing issues.
3. SERVICE FEES
Dispatch service for a flat fee of 10% of the load confirmation. If dedicated lanes are acquired while working with bookSmart Logistics, Dispatch Service fee reduces to 8% after acquisition of a dedicated lane while working with bookSmart Logistics. Onboarding Admin fees are currently being waived for Carriers.
4. COMPENSATION
The amount due to DISPATCH, will be invoiced to Carrier once a week. In case that the load gets cancelled by broker/shipper for any reason, CARRIER will receive a credit for the load in question for future loads. However, if the load gets canceled by CARRIER for any reason, (i.e. breakdown, etc.) CARRIER will not receive credit for the load in question. On the other hand, CARRIER will be compensated directly from other brokers/shippers handling the load, or from a factoring company chosen by CARRIER. Invoice can be paid to bookSmart logistics LLC via Factoring, PayPal, Zelle, Cash App, Credit or Debit card (Optional) wire transfer, ACH are accepted. Once the payment is processed the Client will be sent a confirmation receipt via email or fax.
5. Non-SOLICITATION
CARRIER agrees that it will not solicit traffic from any shipper, consignor, or customer of DISPATCH where the CARRIER transports load, or is made aware of such traffic, because of DISPATCH 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 (12) months from the date of the termination of this AGREEMENT for any reason.
6. BILLS OF LADING
Each shipment will be evidenced by a bill of lading issued by other brokers/shippers. Such bills of lading or receipts or invoices are however, for the sole purpose of evidencing receipt for the goods.
7. 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.
8. 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 always conduct themselves in a professional manner and shall ascertain and comply with all of Customer’s facility rules and regulations while on Customer’s premises.
9. 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 all of shipper’s goods or property while under CARRIER’s care. Payments by CARRIER to DISPATCH or its customer, pursuant to 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.
10. 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.
11. INDEMNIFICATION
CARRIER agrees to indemnify, defend, and hold DISPATCH and its customer (including their officers, directors, employees, subcontractors, and agents) harmless from and against all liabilities, damage, fines, penalties, costs, claims, demands and expenses of whatever type or nature. CARRIER shall be responsible for and agrees to indemnify DISPATCH for all personal injury, property damage, loss, claim, injury, obligation, or liability arising from CARRIER’s actions, behavior, or transportation pursuant to this agreement.
12. GOVERNING LAW, JURISDICTIONS AND VENUE
This agreement shall be governed by and constructed in accordance with laws of the State of Georgia both as interpretation and performance. DISPATCH and CARRIER hereby consent to and agree to submit to the jurisdiction of the federal and state courts located in Kennesaw County, Georgia connection with any claims or controversies arising out of this Agreement.
13. PENALTY
A 5-days grace period will be allowed before the account becomes overdue. At 14 days the account will be suspended and a reactivation fee of $100 will apply in addition to any overdue fees. After 30 days the account may be placed for collection. bookSmart logistics LLC will invoice the Client as per the terms of the agreement via email or faxing said invoice. 3% fee of total amount due on card declined. All invoices will be sent out every Friday 6:00 PM EST and the payment must be made by Monday 6:00 PM EST or will result in a late invoice payment of $200. Dispatch will not book any more loads until carrier has paid amount due to Dispatch.