- RECITALS
This Agreement made as of this day
* by and between We R Logistics LLC, hereinafter referred to as Dispatch and * of *, Hereinafter referred to as Client, desires to retain We R Logistics LLC by executing a Limited Power of Attorney form to secure freight for and dispatch Client's equipment. Client must prior to the implementation of this agreement furnish to We R Logistics LLC the following:
- Copy of Client's Letter of Authority
- A signed W-9
- A completed We R Logistics – Carrier Onboarding Packet
- Notice of Assignment from Factoring Company
- Certificate of Insurance (Generic is fine)
2. Service Plan Requested
Basic Service Plan (Basic fee is 7% of linehaul additional 1% if needing assistance with factoring loads)
3. Statement of the Work
We R Logistics LLC will:
- Find Freight that best matches profile for the Client.
- Upon the Client agreeing to the load, Dispatcher will fax to shipper/broker the Client’s W-9, Authority, and Proof of Insurance, and order insurance certificates if required, along with any other required supporting documentation
- Handle the settling and confirming of appointments if necessary.
- Prepare directions to shipper/consignee, if necessary
- Assist with any problems that arise in the transit of the load, when necessary, of within our capabilities. Client is responsible for own equipment; we can direct you to a service that may be helpful.
- All load information is always available to Client, Dispatcher will hold onto the Dispatch, accessorial information, etc. Until load is completed. Once completed Dispatcher will mail all documents to the Client unless the Client has chosen for Dispatcher to perform the invoicing.
- If the Client chooses to have Dispatcher do the invoicing, all paperwork will remain with Dispatcher until invoicing is complete and they will be retimed to the Client.
- Dispatchers can handle any and all invoicing, collections, etc. For the Client, for a fee. Additional paperwork spelling out this agreement will be necessary.
- Upon forwarding the final load confirmation, and mailing all documentation to the Client, the services of Dispatcher have been fully performed, unless you have elected Dispatcher to perform the invoicing, which at that point Dispatcher will invoice the broker/shipper for you. The payment will be made to you the Client, at which point you will be required to pay the agreed fees to the Dispatcher.
4. Consideration
The Client agrees to pay the Dispatcher as per the agreed quotes and terms, as stated in Section 2 of this agreement. These agreed term rates will be required to be paid to Dispatcher as per the conditions of this agreement. A 5-day grace period will be allowed before the account becomes overdue. At 13 days the account will be suspended and a reactivation fee of $100 will apply in addition to any overdue fees. After 30 days the account may be placed for collection. Dispatcher will invoice Client as per the terms of the agreement via e-mail, U.S. mail, or faxing said invoice. Payment can be made to Dispatcher by Certified Check, Money Order, T-Check, Com check, PayPal, or Bank Transfer. Once the payment is processed Client will be sent a confirmation receipt via email, U.S. mail, or fax.
5. Additional Provisions
Once a load has been set up for the Client and all information given, it will be the responsibility of the Client to handle directly with the shipping party any problems, issues, delays, overages, shortages, damages, or billing and collection issues. Unless you have planned for additional services from Dispatcher.
In no event will Dispatcher 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.
Client agrees to hold harmless, before, during, and after the contract, all direct or indirect damages resulting from Client hauling of shipper’s freight. This includes, but is not limited to loading problems or issues, delays, overages, shortages, damages, and billing and collection issues, and hours of services.
Dispatcher can handle or assist with any collections and invoice factoring, however, there may be an additional fee. Client will be responsible for notifying Dispatcher, of changes to authority, insurance, client profile, or ownership.
Dispatcher will work within the established parameters of the Clients Company/Carrier profile.
Dispatcher will notify Client of best-matched loads for approval prior to making haul commitment.
Dispatcher will fax or email all necessary documentation to broker/shipper directly, along with final approval once Client has approved load or a designated representative.
Dispatcher will notify Client of load required qualifications or additional insurance if necessary.
In the event that Dispatcher books a load matching the Client’s truck posting, the Client agrees to pay Dispatcher as agreed in Section 2 of this agreement for services rendered. NOTE: To avoid charges for unavailable equipment, it is imperative to notify Dispatcher immediately if the truck is unavailable.
Client agrees to notify Dispatcher before 09:00am EST on the day the truck or trucks are available for dispatch and to advise Dispatcher of any immediate status change or delays. If you do not give the proper notice that the truck is no longer available, you may be subject to a $50 fine that MUST be paid before we can accept any further opportunities for the truck.
Client agrees that if a higher linehaul rate is needed for the shipment they will notify the Dispatcher BEFORE the load is secured. Once the Client tells the Dispatcher that they will accept the shipment at a specific rate, this is a verbal acceptance and the load are secured. Should the Client back out or ask for more money after the load has been secured, there will be a penalty of $100 for the first occurrence, $200 for the second occurrence that MUST be paid before we can accept another load on the Client’s behalf. If this happens more than twice (2), Dispatcher has the right to terminate the agreement between Dispatcher and Client.
Client agrees that they will notify Dispatcher in a timely fashion should the Client is not available for dispatch for longer than one day. (If you are not working for an amount of time, please let us know ASAP so that we do not plan any loads for your truck or trucks.
Client has the right to end agreement at any time for any reason, provided that the Client account is up to date with no fees being owed.
6. Disclaimer
Dispatcher is NOT responsible for:
- Billing issues
- Load Problems
- Advances (All Advances will have to be handled directly between the Client unless other arrangements are made.)
- DOT Compliance issues
- SPIKE insurance
7. Governing Law
This agreement shall be governed and construed in accordance with the laws of the State of * without giving effect to any choice of law or conflicts of laws provision or rule (whether of the State of * or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of * .
8. Jurisdictions and Venues
Dispatcher and Client hereby consent to and agree to submit to the jurisdiction of the Federal and State courts located in , in connection with any claims or controversies arising out of the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as the date written.
9. Non-Payment Clause:
Compensation for Services Rendered
Client agrees to pay We R Logistics LLC for all dispatch services rendered in accordance with the agreed-upon terms and rates specified in this Agreement.(See Section 2) Payments are due within (1-3 business days) of invoice issuance. Failure to remit payment in full by the due date constitutes a breach of this Agreement.
Legal Action for Non-Payment
In the event of non-payment, We R Logistics LLC reserves the right to pursue legal action to recover unpaid compensation. Should this matter proceed to court, * / agrees to pay all court costs, attorney’s fees, and any additional expenses incurred by We R Logistics LLC in pursuing the claim in small claims court or other applicable legal venue.
Interest on Overdue Payments
Additionally, We R Logistics LLC reserves the right to charge interest on any overdue amounts at a rate of (3%) per month, compounded monthly, until the balance is paid in full.
*
Ruby and Manny
(Dispatcher Representative's)
(Print Representative Name/Title)