WHEREAS, CARRIER is a Motor CONTRACT Carrier subject to the jurisdiction of the ICC: NOW, THEREFORE, in consideration of the promises and covenants hereinafter contained it is mutually agreed by and between the parties hereto as follows:
OBLIGATIONS OF DISPATCHER 1. DISPATCHER agrees to handle paperwork, phone calls, and faxes from the BROKER or 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 or Broker and you the CARRIER. 3. DISPATCHER will: A. make 100% effort to keep truck(s) loaded. B. CARRIER will be contacted (by phone call/text/email) about EVERY load we find to offer, and the driver will ACCEPT or REJECT the load. C. Invoice the CARRIER at the time of service; also provide a copy of each Load Confirmation Sheet. D. Payment is due to DISPATCHER at time of invoice.
OBLIGATIONS OF CARRIER 1. CARRIER agrees to pay a flat rate fee of 9% per load. You will be invoiced once weekly, the invoice will be sent out Friday, for all your weekly loads, due on receipt. 2. CARRIER gives DISPATCHER authority to provide his signature for rate confirmation sheets, invoice and associated paperwork necessary for securing cargo and billing purposes. The terms of this agreement shall be continuous, provided that either party may terminate this agreement at anytime. 3. SHIPPER agrees to pay CARRIER promptly, following receiving the invoice. The amount to be paid by SHIPPER to CARRIER shall be established between the 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/DISPATCHER to CARRIER. Confirmation will be signed by DISPATCHER and returned via FAX or EMAIL to SHIPPER/ BROKER. Payments due to the DISPATCHER for services rendered are not contingent on outstanding payments due to the CARRIER for loads that he/she has hauled for the SHIPPER OR BROKER. Failure to pay the DISPATCHER for services rendered will result in termination of the agreement and services immediately unless otherwise determined by the DISPATCHER.
NO COMPETITION CLAUSE 1. Non-Competition: During the term of this Agreement and for a period of [12] months following its termination, the Carrier agrees that it shall not, directly or indirectly, engage in, own, manage, operate, control, or participate in the ownership, management, operation, or control of any business or enterprise that provides dispatching services or any services substantially similar to those offered by the Dispatcher within the same geographic areas or markets in which the Dispatcher operates or has operated. 2. Non-Solicitation of Clients: The Carrier further agrees that it shall not, during the term of this Agreement and for a period of [12] months thereafter, directly or indirectly solicit or attempt to solicit the business of any clients, customers, or accounts of the Dispatcher with whom the Carrier had contact or whose information the Carrier obtained in connection with the services provided under this Agreement. 3. Confidentiality: The Carrier acknowledges that all customer lists, pricing, operational methods, and any proprietary information obtained from the Dispatcher are confidential and shall not be disclosed to any third party or used in any manner outside the scope of this Agreement. 4. Remedies: The Carrier acknowledges that breach of this clause will cause irreparable harm to the Dispatcher, for which monetary damages may be inadequate. Accordingly, the Dispatcher shall be entitled to seek injunctive relief, in addition to any other remedies available at law or in equity.