The relationship of the CARRIER and the LOAD FINDER shall, at all times, be that of an INDEPENDENT CONTRACTOR. Neither party shall be considered to be the agent or employee of the other. CARRIER is not at any time required to purchase or rent products, equipment or services from the LOAD FINDER.
Both the LOAD FINDER and the CARRIER understand that this agreement does not bind the respective parties to mutually exclusive service to each other. Rather, the LOAD FINDER may enter into similar agreements with other CARRIERS and the CARRIER may enter into similar agreements with other LOAD FINDERS.
CARRIER agrees that it shall be responsible for any loss, delay, destruction, theft, damage or liability, of whatever nature, which arises either from the transportation of any freight arranged for by the LOAD FINDER while being transported by the CARRIER or from CARRIER’S failure to promptly perform the transportation arranged by the LOAD FINDER and accepted by the CARRIER. CARRIER represents that its operations will comply with all applicable state and federal laws and regulations.
CARRIER will assume full responsibility for all salaries, insurance, taxes, pensions, premiums, contributions and benefits of CARRIER’S employees in the performance of this contract. CARRIER shall provide all trucks and equipment necessary to perform this agreement.
In the event loading and unloading times are delayed due to circumstances beyond reasonable control of the LOAD FINDER, there shall be no additional compensations to the CARRIER by the LOAD FINDER unless advance approval is made in writing by the LOAD FINDER and CARRIER. (A facsimile copy shall be sufficient to the same extent as an original). CARRIER will follow any reasonable special instructions the LOAD FINDER provides for the performance of this agreement. CARRIER will meet or exceed the usual and accepted industry standards in the transport of freight.
This agreement begins on the above date, for a period of one year, and automatically renews each year for a period of one year on the annual anniversary date of this agreement; except it terminates in the event of any of the following reasons:
a) LOAD FINDER ceases business;
b) CARRIER ceases business;
c) Either parties give ten (10) days written notice of termination of this agreement.