This agreement is with Hereinafter referred to as CARRIER. WHEREAS, DISPATCHER is a transportation dispatcher handling the necessary paperwork and communication between a SHIPPERS(BROKERS) and the CARRIER in order to secure “CARGO” for said CARRIER.
WHEREAS, CARRIER is a Motor CONTRACT Carrier subject to the jurisdiction of the FMCSA and US State jurisdiction: 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 SHIPPER/BROKER 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/BROKER, CARRIER agreement. However, the DISPATCHER, upon receiving access to a CREDIT portal with their factoring company, will pre-vet all SHIPPERS/BROKERS on behalf of the CARRIER and give feedback if any issues arise.
3. DISPATCHER provides the ability to:
- Contact Brokers on behalf of the Carrier to acquire information on available freight and conditions.
- Sign Broker-Carrier agreements on behalf of the Carrier just and only if the CLIENT approves.
- Negotiate the rates and sign rate confirmations on behalf of the Carrier.
- Set up accounts with leading load boards for the purpose of searching and “truck posting” for Carrier.
- Conduct communication with Freight Brokers on behalf of the Carrier.
4. DISPATCHER agrees to provide additional services based on the selection of optional Rate of Payment outlined in the selected DISPATCHER FEE AGREEMENT
OBLIGATIONS OF CARRIER
1. CARRIER agrees to pay DISPATCHER of the face value DISPATCHER FEE AGREEMENT of the contract between the SHIPPER/BROKER, and CARRIER as stated on the INVOICE to the SHIPPER/BROKER. Carrier further agrees to pay DISPATCHER at the time specified on the DISPATCHER FEE AGEEMENT.
2. CARRIER gives DISPATCHER authority to provide authorized 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 by the grounds included in the DISPATCHER FEE AGREEMENT.
3. Safety and Compliance: CARRIER is fully responsible and liable for safety and compliance of the operation. CARRIER shall hold DISPATCHER harmless from any liability resulting from safety and compliance violations.
4. CARRIER shall be liable for loss, damage, or liability occasioned by the transportation of property arranged by DISPATCHER, SHIPPER while in the possession of the carrier.
5. CARRIER agrees to hold DISPATCHER, harmless from any liability for personal injury or property damage occurring during an 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 acknowledges that the customer information being provided by DISPATCHER is the sole and exclusive property of DISPATCHER. CARRIER, nor any employee, agent, or subcontractor of CARRIER shall back-solicit, directly or indirectly, communicate or perform any service for compensations for any account of DISPATCHER which has previously tendered to CARRIER for transportation.
8. 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.
9. This agreement shall be deemed to be effective on the first date that CARRIER, DISPATCHER, and SHIPPER/BROKER 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.
Disclosure. DISPATCHER is not a freight broker, but an administrative agent acting as liaison between licensed motor carrier and licensed FREIGHT BROKER. Agreement between parties is non-exclusive, therefore DISPATCHER may service other
CARRIERS.
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Company Name CARRIER
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Authorized Signature
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PRINT Authorized Signature Name
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