My company * Owner(s) Name(s) * are able to sign on behalf of the company to services rendered * agreed serve fee.
* This agreement is with and ** with * Hereinafter referred to as CARRIER. WHEREAS, DISPATCHER is a transportation dispatcher handling the necessary paperwork between a SHIPPERS and the CARRIER in order to secure “CARGO” for said CARRIER. WHEREAS, CARRIER is a Motor CONTRACT Carrier subject to the jurisdiction of the ICC: NOW, THEREFORE, in consideration of the promises and convents hereinafter contained it is mutually agreed by and between parties hereto as follows:
OBLIGATIONS OF DISPATCHER
1. DISPATCHER agrees to handle paperwork, phone, fax calls to, from the BROKER/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 BROKER/SHIPPER, CARRIER agreement.
OBLIGATIONS OF CARRIER
1. CARRIER agrees to pay DISPATCHER percent selected in above service field of the face value of the contract between the BROKER/SHIPPER, CARRIER as stated on the load confirmation sheet. Carrier further agrees to pay DISPATCHER at time of securing cargo.
2. CARRIER gives DISPATCHER authority to provide her/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 same by giving 1 day written notice to the other.
3. BROKER/SHIPPER agrees to pay CARRIER promptly, following receipt of a freight bill and proof of delivery of each shipment to it’s assigned destination, free of damage or shortage. The amount to be paid by BROKER/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/EMAIL by BROKER/SHIPPER to CARRIER. Confirmation will be signed by DISPATCHER and returned via FAX/EMAIL to BROKER/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 carrier.
5. CARRIER agrees to hold DISPATCHER, BROKER/SHIPPER harmless from any liability for personal injury or property damage occurring during 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 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. During the term of this AGREEMENT and for a period of one (1) years from its termination, CARRIER shall not, directly or indirectly, solicit 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 unless otherwise agreed by the parties in writing. If DISPATCHER secures CARRIER a dedicated lane with BROKER/SHIPPER, CARRIE is obligated to continue to pay dispatcher agreed upon rate as selected above for the duration of CARRIER being on dedicated lane.
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 DISPACTCHER 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 (10%) of all revenues invoiced by CARRIER to the solicited customer.
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 as certain 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 duly permitted contract carrier, and hereby waves 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 BROKER/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.
Emergency Dispatch
Carrier is to give 72 hours to setup and find loads on their behalf. If the carrier wants the dispatcher to start immediately, there is a $75 fee for emergency dispatch.
Compensation
The amount due to dispatch will be automatically deducted from a Debit/Credit Card provided by the carrier on this agreement, after the 3rd day of receiving the weekly invoice, if invoice is not paid automatically. In case that the load gets canceled by the broker/shipper for any reason, CARRIER will not be charged for the load. On the other hand, CARRIER will be compensated directly from other brokers/shippers handling the load or from a factoring company chosen by CARRIER. If carrier payment method is declined there will be a $25 unable to process payment fee & carrier will have 3 days to pay balance. DISPATCH will suspend all services until payment is made.
Bill 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 the receipt for the goods.
Limited Power of Attorney
I, the undersigned, do hereby grant to Rolle Logistics LLC, of Illinois as my attorney, in fact, to receive on my behalf information from Direct Shippers and Property Brokers, and to sign freight rate confirmations on my behalf pertaining to such information: This power of attorney will expire in twelve months from the date signed.