This agreement made on
* by and between RoseGold Logistics, LLC and * , hereinafter referred to as Client, desires to retain RoseGold Logistics, LLC by executing a limited Power of Attorney form to find and secure Transportation Mode for Client . Client must furnish RoseGold Logistics, LLC with the following documents prior to the implementation of this agreement:
• A signed Limited Power of Attorney form
• A signed W-9 form
• Copy of Carrier’s Authority
• Proof of Insurance Certificate
• Internet Load Board and Account Access
• All Agreement forms completed, dated, and signed. (Digital signature at bottom of form)
2. EFFECTIVE DATE
This Agreement shall be in effect upon the date signed by both parties to this Agreement and shall be in effect until the revocation of the Limited Power of Attorney.
3. STATEMENT OF THE WORK
RoseGold Logistics, LLC will:
• Find freight that best matches the profile of the Carrier.
• Upon the Carrier agreeing to the load, RoseGold Logistics, LLC will fax/email to broker/shipper the Carriers MC Authority, W-9, proof of insurance along with any other required
• Handle the setting of all required appointments.
• Prepare directions to shipper/consignee, if necessary.
• Assist with any problems that arise in the transit of the load when necessary, within our capabilities. Carrier is responsible for own equipment; we can direct you to a service that may be helpful
• All load information is always available to the Carrier.
4. Consideration
The Carrier agrees to pay RoseGold Logistics, LLC 6% of each booked load. All payments are due once a load has delivered, no exceptions. Payments are made via PayPal, Venmo or via your factoring company. If payments are not made on time, there will be no loads moved until arrangements are made or payment is received. NO Exceptions. **Please note our preferred method of payment is through your factoring company**
If The Carrier does not utilize a factoring company, Invoices will be sent out every Wednesday and will be due 2 days after on Friday. A grace period will be allowed until Sunday. On Monday, payment is considered late and RoseGold Logistics, LLC will then charge Carrier credit/debit card. Per the Credit Card Authorization Agreement/Form, the agreed quotes and terms for the dispatching services provided plus a 10% late fee will be due in addition to the account balance. RoseGold Logistics will invoice the Carrier as per the terms of the agreement via email of said invoices. Payment can be made to RoseGold Logistics by Paypal with Credit/Debit Card, Venmo, or ACH if no factoring partner. Once the payment is processed the Carrier will be sent a confirmation receipt via email. It is your obligation to update any contact information as soon as possible as this is required for our billing system. If credit card payment is declined once processed, the account will be suspended and a reactivation fee of $100 will apply. After 30 days the account will be placed for collections and MC Authority# will be subject to a negative carrier performance rating (CPR). Initials: *
5. Additional Provisions
Once a load has been set up for the Client and all information given, RoseGold Logistics, LLC will represent the Client in handling any problems, issues, delays, overages, shortages, and damages if any should occur. RoseGold Logistics, LLC has no liability for any of these things that occur but will act as a company representative in getting things resolved between carrier and client.
• In no event will RoseGold Logistics, LLC be liable for any incidental, consequential or indirect damages for the loss of profits, or business interruption arising out 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, billing or collection issues, and hours of services.
• RoseGold Logistics, LLC will work within the established parameters of the Client’s Company Profile.
• RoseGold Logistics, LLC will notify Client of load’s required qualifications or additional insurance.
6. DISCLAIMER – RoseGold Logistics, LLC is not responsible for:
• Billing issues
• Load problems of any nature
• DOT compliance issues
7. Governing Law
This agreement is governed by and constructed in accordance with the laws of the state of Tennessee, without giving effects to any choice of law or conflict of laws, provisions, or rules (whether of the state of Tennessee or any other jurisdiction governed by laws) that would cause the application of the laws of any jurisdiction other than those of the state of Tennessee.
8. JURISDICTIONS AND VENU
RoseGold Logistics, LLC and the Carrier hereby consent to and agree to submit to the Jurisdiction of the Federal and state courts located in Nashville, TN 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.