Dispatcher Responsibilities:
1. DISPATCHER agrees to handle paperwork, phone, fax calls to, from the SHIPPER to tender commodities shipments to CARRIER for transportation in interstate commerce by CARRIER between points and places within the scope of CARRIER’S operating authority.
2. DISPATCHER bears no financial or legal responsibility in the transaction between the SHIPPER, CARRIER agreement.
3. The dispatcher is responsible for setting up and maintaining load accounts and carrier packages on the carrier’s behalf.
Carrier Responsibilities
1. CARRIER agrees to pay DISPATCHER percent eight percent (8%) of the face value of the contract between the SHIPPER, CARRIER as stated on the load confirmation sheet for dispatching services. Carrier further agrees to pay DISPATCHER per invoice, within 48 hours of the invoice being submitted. If, the carrier has agreed to add TIMEWORKS LLC to their factoring company's account and to pay via direct deposit directly through their factoring company, the carrier is still responsible for payments not paid directly or rescinded from factoring company within 48 hours.
2. CARRIER gives DISPATCHER authority to provide their signature for rate confirmation sheets, invoices and associated paperwork necessary for securing cargo and billing purposes. The terms of this agreement shall be perpetual, provided that either party may terminate the same by giving 24 hour written notice to the other.
3. The amount to be paid by SHIPPER to CARRIER shall be established between parties on a per shipment basis prior to commencement of each individual shipment. A load confirmation including details of shipment and revenue to be paid will be supplied via FAX or EMAIL by BROKER/SHIPPER to CARRIER. Confirmation will be signed by CARRIER or DISPATCHER and returned via EMAIL to SHIPPER.
4. CARRIER shall be liable for loss, damage, or liability occasioned by the transportation of property arranged by DISPATCHER, BROKER/SHIPPER while in the possession of the carrier.
5. CARRIER agrees to hold DISPATCHER harmless from any liability for personal injury or property damage occurring during the operation conducted by CARRIER pursuant to this agreement.
6. CARRIER will be responsible to comply with all applicable state and federal regulations pertaining to the operation of a motor carrier.
7. CARRIER and DISPATCHER agree that DISPATCHER, 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 DISPATCHER agree that disclosure of the identity of one or more of the companies said customers to CARRIER constitutes valuable consideration.
8. Carrier acknowledges that the customer information being provided by DISPATCHER is the sole and exclusive property of DISPATCHER 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 DISPATCHER 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.
9. 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 service for that customer under arrangements first made or procured by DISPATCHER. Solicitation includes conduct initiated or induced by CARRIER, or accepted by CARRIER, upon inducement by DISPATCHER efforts.
10. If CARRIER should perform services of a transportation or warehousing nature for compensation for any DISPATCHER customer without prior documented authorization from DISPATCHER during the applicable time period in violation of this AGREEMENT, CARRIER shall pay to DISPATCHER within ten (10) days of each such violation an amount equal to (8%) 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 “State of Your State”.
11. 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, twenty-five (25) 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.
12. CARRIER agrees that it will function under terms of this agreement strictly as a duly permitted contract carrier, and hereby waives any and all rate provisions, which may be contained in its published carrier tariffs.
13. This agreement shall be deemed to be effective on the first date that CARRIER, DISPATCHER, and SHIPPER commence business together, and the parties hereby agree that the provisions herein properly express and memorialize the complete understanding as contained in any prior agreement either written or verbal.
14. Rates and charges/billing: CARRIER will pay for the services rendered by DISPATCHER on the basis of the rate of eight percent (8%) of the tendered rate shown on the LOAD RATE CONFIRMATION sheet. Payment to DISPATCHER by CARRIER shall be complete and final without recourse. CARRIER will pay within forty-eight (48) days of invoice or on a written agreement between DISPATCHER and CARRIER. $50 will be deducted from agreed rate for any late payments after 48 HOURS OF DELIVERY
15. Payment agreement: LOAD RATE CONFIRMATION must be signed and returned via email, preferably in .pdf form, on each load assigned by the DISPATCHER.
a) CARRIER must call or text DISPATCHER or update estimated delivery time in their portal when loaded with any information requested by Freight Broker or Shipper (such as Bill of Lading number, pieces, and weight).
b) CARRIER must call or text DISPATCHER or text or email BOL to their assigned dispatcher when the load is delivered to confirm delivery accepted without exception or other problem. We require our carriers/drivers to use Camscanner to upload their BOL.
c) Any exception upon delivery must be immediately conveyed to DISPATCHER before the driver leaves the consignee’s facility.
d) It is the responsibility of the CARRIER to complete the carrier package from the freight broker or shipper.
e) It is the responsibility of the CARRIER to maintain the minimum insurance levels as prescribed by the F.M.C.S.A and by the freight broker or shipper.
f) The CARRIER authorizes the DISPATCHER to execute and sign the SET-UP PACKAGES / RATE CONFIRMATIONS on their behalf to acquire the load.
g) CARRIER must agree to hold DISPATCHER harmless.
16. Indemnification: CARRIER shall indemnify, defend, and hold DISPATCHER harmless from any loss or liability arising from performing services under this Agreement.
17. Modifying the Agreement: This Agreement may not be modified unless agreed in writing by both parties.
18. Resolving Disputes: If a dispute arises under this Agreement, any party may take the matter to a court within the jurisdiction of Denver, Colorado. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties.
19. Confidentiality: DISPATCHER acknowledges that it will be necessary for CARRIER to disclose certain confidential and proprietary information to DISPATCHER in order for DISPATCHER to perform duties under this Agreement. DISPATCHER acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm CARRIER. Accordingly, DISPATCHER will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of CARRIER without CARRIER's prior written permission except to the extent necessary to perform services on CARRIER's behalf.
20. No Partnership: This Agreement does not create a partnership relationship. DISPATCHER does not have authority to enter into contracts on the CARRIER's behalf.
21. Assignment and Delegation: DISPATCHER may assign or subcontract any rights or delegate any of its duties under this Agreement without CARRIER's prior written approval.
22. Canceled Loads Fee's: For any load canceled by the carrier there will be a $25 cancellation fee charged per load.
tract any rights or delegate any of its duties under this Agreement without CARRIER's prior written approval.
22. Canceled Loads Fee's: For any load canceled by the carrier there will be a $25 cancellation fee charged per load.