This Agreement is made between ColeHarr Transport & Logistics, LLC (Dispatcher), and {companyName} (Carrier listed above) by and, hereinafter referred to as CARRIER. WHEREAS, DISPATCHER is a transportation dispatcher handling the necessary paperwork between SHIPPER and CARRIER in order to secure “CARGO” for said CARRIER.
OBLIGATIONS OF DISPATCHER:
DISPATCHER agrees to handle paperwork, and phone/fax calls to and from BROKERS or SHIPPERS 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. DISPATCHER bears no financial or legal responsibility in the transaction between the SHIPPER, and CARRIER agreement.
DISPATCHER will:
- Make 100% effort to keep truck(s) loaded.
- Contact carrier about EVERY load we find to offer, and the driver will ACCEPT or REJECT the load.
- Invoice the CARRIER at time of service; also provide a copy of each Load Confirmation Sheet CARRIER is being billed for.
COMPENSATION OF CARRIER:
The fee for carrier dispatching services will be 8% per load. Which will be invoiced weekly. The invoice will be sent out Friday, for all your weekly loads, and due on Sunday.
SHIPPER agrees to pay CARRIER promptly, 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 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 SHIPPER to CARRIER. Confirmation will be signed by DISPATCHER and returned via FAX or EMAIL to SHIPPER.
Payments are due to the DISPATCHER for services rendered and payments that are due to the DISPATCHER for services rendered are not contingent on outstanding company 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 contract and services immediately unless otherwise determined by the DISPATCHER.
In the case of late payments, there is a built-in grace period of 3 days after the due date, before the account is subject to suspension on day 7. In which case, the account must be paid current and is subject to a reinstatement fee of $100.
OBLIGATIONS OF CARRIER:
CARRIER gives DISPATCHER authority to provide his/her 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 14 days written notice to the other. CARRIER in a good manner will deliver consumer items and freight cargo items for brokers and customers and perform such other transportation and related services as may be necessary to serve customers. Ensure safety and compliance during operation.
CARRIER will provide its own equipment. CARRIER will carry at its own expense physical damage, bobtail, cargo, and liability insurance upon any vehicles or other equipment used by it in carrying out its duties under this agreement. CARRIER shall, at its own expense: (a) furnish whatever labor is necessary to provide delivery services to BROKERS AND SHIPPERS, and (b) provide Worker’s Compensation and Employer’s Liability Insurance if necessary. CARRIER shall also be responsible for payment of wages and social security and withholding taxes for any of its employees. CARRIER shall hold DISPATCHER harmless from any liability resulting from injury or death of any persons including but not limited to driving, operating, repairing, maintaining, loading, or unloading CARRIER’S equipment.
CARRIER is fully responsible and liable for the safety and compliance of the operation. CARRIER shall hold DISPATCHER harmless from any liability resulting from safety and compliance violations.
CARRIER will be liable for loss or damage to items intended for transport, which are in CARRIER’S possession or under its dominion and control. CARRIER agrees to comply with all federal, state, and local laws, rules, and regulations pertaining to its performance under this agreement.
Any written notice required by the terms of this agreement shall be given either by email, personal delivery, or by certified mail.
This agreement contains the entire understanding between the parties and supersedes any prior agreement between the parties concerning the subject matter of this agreement. Once a load has been set up for the Carrier and all information is given, it will be the responsibility of the Carrier to handle directly with the shipping party any problems, issues, delays, overages, shortages, damages, or billing and collections issues, unless, you have made arrangements for additional services from ColeHarr Transport & Logistics, LLC.
In no event will ColeHarr Transport & Logistics, LLC be liable for any incidental, consequential, or indirect damages for the loss of profits, or business interruption arising out of the use of the service.
CARRIER agrees that it will not solicit traffic from any shipper, consignor, or customer of DISPATCHER where the CARRIER transports loads or is made aware of such traffic, as a result of DISPATCHER’s efforts. It is further agreed that this non-solicitation provision shall be in force and effect during the term of this AGREEMENT and for a period of one (1) year from the date of the termination of this AGREEMENT for any reason. In the event of non-compliance with the specific provisions of this paragraph, CARRIER upon discovery of the breach, be liable to DISPATCH for 100 percent (100%) of the gross transportation revenue received by CARRIER from said shipper(s) within one (1) year after the date of termination of this AGREEMENT.
BILLS 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 receipt for the goods.
DRIVERS:
CARRIER agrees to provide properly qualified, trained, and licensed drivers and other personnel to perform the transportation and related services under this Agreement and each transportation schedule in a safe, efficient, and economical manner. CARRIER’s personnel are expected to conduct themselves in a professional manner at all times and shall ascertain and comply with all of Customer’s facility rules and regulations while on Customer’s premises.
FREIGHT LOSS, DAMAGE, OR DELAY:
CARRIER shall have the sole and exclusive care, custody, and control of the shipper’s property from the time it is picked up for transportation until it is delivered to the destination. CARRIER assumes the liability of a common carrier for loss, delay, damage to, or destruction of any and all of the shipper’s goods or property while under CARRIER’s care. Payments by CARRIER to DISPATCHER or its customer, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of DISPATCHER’s or customer’s invoice and supporting documentation for the claim.
SUB-CONTRACT PROHIBITION:
CARRIER specifically agrees that all freight tendered to it by DISPATCHER shall be transported on equipment operated only under the authority of CARRIER, and that CARRIER shall not in any manner sub-contract, broker, or in any other form arrange for the freight to be transported by a third party without the prior written consent of DISPATCHER.
INDEMNIFICATION:
CARRIER agrees to indemnify, defend, and hold DISPATCHER and its customer (including their officers, directors, employees, subcontractors, and agents) harmless from and against any and all liabilities, damage, fines, penalties, costs, claims, demands, and expenses of whatever type or nature.
CARRIER shall be responsible for and agrees to indemnify DISPATCHER for any and all personal injury, property damage, loss, claim, injury, obligation, or liability arising from CARRIER’s actions, behavior, or transportation pursuant to this agreement.
This agreement contains the entire understanding between the parties and supersedes any prior agreement between the parties concerning the subject matter of this agreement.