OBLIGATIONS OF DISPATCHER
1. DISPATCHER agrees to handle paperwork, phone, fax calls to from the SHIPPER/BROKER 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 or Brokers of the CARRIER agreement. However, the DISPATCHER, upon receiving access to a CREDIT portal with their factoring company, will pre-vet all SHIPPERS/BROKERS on behalf of the CARRIER and give feedback if any issues arise.
3. Subcontractors: DISPATCH may engage subcontractors to act on DISPATCH's behalf in connecting with Dispatch's provision of the agreed services outlined in this agreement.
4. Feedback. Customer grants Dispatch a worldwide, irrevocable, perpetual, sublicensable, transferable, non-exclusive license to use and incorporate into Dispatch’s products and services any feedback or suggestions for enhancement that Customer or a User provides to Dispatch (“Feedback”),without any obligation of compensation. Feedback is provided by Customer “as-is,” without representations or warranties, either express or implied, including any warranties of merchantability or fitness for a particular purpose.
5. Dispatch API: Our company utilizes application programing interfaces within our services. These services may be listed to the public, or in connection to any third-party applications or programming interfaces or similar development tools available within an online service or third party services in connecting with the provisions of this agreement.
OBLIGATIONS OF CARRIER
1. CARRIER agrees to pay DISPATCHER of the face value of the AGREED DISPATCHER FEE of the contract between the SHIPPER, Broker and CARRIER as stated on the load confirmation sheet. Carrier further agrees to pay DISPATCHER at the time of securing cargo weekly.
2. CARRIER gives DISPATCHER authority to provide his 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.
3. SHIPPER /BROKER agrees to pay CARRIER, 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 SHIPPER / BROKER 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 EMAIL by SHIPPER/BROKER to CARRIER. Confirmation will be signed by DISPATCHER and returned via EMAIL to SHIPPER/BROKER.
4. CARRIER shall be liable for loss, damages, or any liabilities regarding transportation of property arranged by DISPATCHER on behalf of SHIPPER or BROKER while in the possession of freight as the carrier.
6. Motor Carrier will maintain active and qualifying insurance in the amount of: Auto Liability coverage of $1,000,000 or more and Cargo Liability coverage of $100,000 or more.
5. CARRIER agrees to hold DISPATCHER, SHIPPER and BROKER harmless from any liability for personal injury or property damage occurring during an 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.
5. CARRIER agrees to hold DISPATCHER, SHIPPER and BROKER harmless from any liability for personal injury or property damage occurring during an 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. To assist dispatcher in collection and payment or settlement of unresolved freight claims.
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 while under services with DISPATCHER, 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 while under services of DISPATCH.
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 while contracted under services. Solicitation includes conduct initiated or induced by CARRIER, or accepted by CARRIER, upon inducement by DISPATCHER efforts.
10. CARRIER agrees that it will function under terms of this agreement strictly as duly permitted contract carrier.
11. This agreement shall be deemed to be effective on the first date that CARRIER, DISPATCHER, and SHIPPER/BROKER 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.
12. The Motor Carrier will maintain an active FMSCA authority, positive safety rating, and FEIN Number while services are being rendered.