Consort Logistics INC. - CONTRACT BROKER
- CARRIER AGREEMENT
WHEREAS, “BROKER” is a person (or company) who arranges with an operator to carry
the goods of another person (or company), for compensation and by commercial motor
vehicle and may be duly registered where required.
WHEREAS, “CARRIER” is a person (or company) registered (“registered” means
operating under authority issued by all applicable regulatory authorities) to carry the
goods (property) of another person (or company) by commercial motor vehicle for
compensation (copies of Operating Authorities are attached hereto as Appendix C).
WHEREAS, the name “SHIPPER” is the customer of the BROKER, and is also known
but not limited to the names consignor, consignee, and receiver.
NOW THEREFORE, CARRIER and BROKER mutually agree as follows:
1. BROKER agrees to tender to CARRIER, as a contract carrier, and CARRIER agrees to
accept from BROKER, a series of shipments but not less than two shipments during the term
of this Agreement.
2. CARRIER is fully qualified and adequately equipped to perform the transportation
services described herein and CARRIER will comply with the safety regulations of the
Bureau of Motor Carrier Safety of the Department of Transportation, including, but not
limited to, drivers’ hours service and records thereof, driver qualification requirements and physicals, and equipment maintenance standards and reports. CARRIER warrants that
it will provide only equipment that is properly maintained and clean and will not utilize
equipment that has been used for hazardous waste or other unclean or noxious freight.
3. CARRIER agrees to maintain cargo insurance in the minimum amount of one hundred
thousand dollars ($100,000.00) that shall insure CARRIER’s liability to BROKER and
BROKER’s customers for loss or damage to property transported by CARRIER. The cargo
insurance shall be in the form required by 49 C.F.R. 1043 for common carriers
(BMC -32 endorsement), and shall have no exclusions or restrictions that would not be
accepted by the Department of Transportation for a filling under the statutory requirements
of the above-cited section, but shall, in all respects, be identical to the cargo insurance filed
by common carriers in accord with the said section. CARRIER agrees to furnish a copy of
said BMC 32 Endorsement naming BROKER as additional insured. In no event shall
CARRIER’s liability for cargo loss and damage be limited unless agreed to in writing by an
officer of BROKER in Seffner, Florida.
4. In addition to the foregoing cargo insurance, CARRIER, prior to the commencement of
operations and during the term of this Agreement, shall carry the following insurance in form
and with insurers satisfactory to BROKER:
a. Workers’ Compensation Insurance as required by law.
b. Commercial General Liability Insurance with a combined single limit per occurrence of
not less than seven hundredand fifty thousand dollars ($750,000).
c. Comprehensive Automobile Liability Insurance with a combined single limit of not less
than one million dollars ($1,000,000) against liability arising from the maintenance or use of
all owned, non -owned and hired vehicles.
d. CARRIER shall furnish to BROKER written certificates obtained from the insurance
carrier(s) insuring CARRIER against liability and claims in coverage has been procured,
is being properly maintained, and that the premiums therefore are paid, with a reputable
and financially responsible insurance company, and showing the policy number or numbers,
and the expiration date or dates. Such insurance policies shall provide that in the event of
cancellation or reduction in coverage, written notice of such cancellation or reduction shall
be given to BROKER at least thirty (30) days prior to such cancellation or reduction.
Such insurance policies shall name BROKER as additional insured. Upon request,
CARRIER shall provide BROKER with copies of the applicable insurance policies. If
CARRIER is authorized to be self-insured, then CARRIER shall provide to BROKER
evidence satisfactory to BROKER of CARRIER’s self-insured status and that
CARRIER is able to provide the same coverage as that required by CARRIER’s under
this Agreement that are not self-insured.
5. Rates and charges for shipments transported pursuant to this Agreement shall be
as agreed to between the parties hereto in writing and are to be contained in a schedule
of rates, rules and charges which schedule may be modified, in writing, from time-to-time.
This schedule shall also contain the conditions of, and charges for, any additional or
accessorial services that may be required or performed and it is expressly agreed that
CARRIER’s tarif fs shall have no application to shipments transported pursuant to this
agreement.
6. Rates may be established or amended verbally in order to meet BROKER’s changing
shipping schedules and needs. All modifications to the rates, changes, rules and regulations
shall be confirmed in writing and within a reasonable time by the parties before shipment.
Said document shall constitute an addendum or amendment to this Agreement.
7. CARRIER shall issue a written receipt or bill of lading for all shipments transported
pursuant to this agreement. The receipt shall show the kind quantity and condition of
commodities received and shall be evidence of receipt of such commodities by CARRIER in
apparent good order and condition unless such commodities are not readily observable
(contents and condition of contents of packages unknown) or as may be otherwise noted on
the face of such receipt. To the extent any term or condition of invoice, receipt, bill of lading,
or other CARRIER document conflicts in any way with any terms or condition of this
Agreement, this Agreement shall take precedence and control resolution of
disputes. In five (5) days or less (24 hours with respect to food or food products governed by
FDA’s Bio -Terrorism regulations) subsequent to delivery of a shipment, CARRIER shall
provide BROKER with a copy of said bill of lading or receipt signed by the consignee as
proof of delivery of said shipment.
8. CARRIER shall promptly bill BROKER for the freight and transportation charges on each
shipment and in no event shall BROKER or its customers be required to pay for any
shipment or for any service that are not invoiced within six (6) months of the date of delivery.
CARRIER shall deliver to BROKER with its billing all required documentation, including
proof of delivery by the CARRIER to the consignee and proof of BROKER’s advance
authorization of all other service for which payment is sought. BROKER shall pay CARRIER,
as CARRIER’s agent, within thirty (30) days after receipt by BROKER of all required
documentation. Prior to receiving any payment CARRIER will provide BROKER with a copy
of its Federal operating authority, BROKER’s reference number assigned to CARRIER and
certificate of insurance verifying that the motor CARRIER has the general liability and
cargo insurance specified hereunder.
9. CARRIER will notify BROKER immediately if any Operating Authority is revoked,
suspended or rendered inactive for any reason; and/or if it is sold, or if there is a change
in control of ownership, and/or any insurance required hereunder is threatened to be or
is terminated, cancelled, suspended, or revoked for any reason.
10. Loss & Damage Claims: CARRIER shall comply with 49 C.F.R. §370.1 et seq. and any
amendments and/or any other applicable regulations adopted by the Federal Motor Carrier
Safety Administration, U.S. Department of Transportation, or any applicable federal, state or
provincial regulatory agency, for processing all loss and damage claims and salvage.
CARRIER will responsible to pay BROKER for damages, loss, & theft, etc of the shipment.
11. PERFORMANCE OF SERVICES: CARRIER’s services under this Agreement are
specifically designed to meet the distinct needs of BROKER under the specified rates and
conditions set forth herein. CARRIER shall transport all shipments provided under this
Agreement without delay, and all occurrences which would be probable or certain to cause
delay shall be immediately communicated to BROKER by CARRIER. And if CARRIER does
not inform to BROKER on time of any delay then BROKER will charge fine from CARRIER.
This Agreement does not grant CARRIER an exclusive right to perform the transportation
related services for BROKER or its Customer.
12. CONTRACT TERM: The term of this Agreement shall be one year from the date
hereof and thereafter it shall automaticallybe renewed for successive one (1) year
periods, unless terminated, upon thirty (30) day's prior written notice, with or without
cause, by either Party at any time, including the initial term. In the event of termination of
this Agreement for any reason, the Parties shall be obligated to complete performance of
any work in progress in accordance with the terms of this Agreement.
13. Broker shall pay Carrier for services rendered in an amount equal to the rates and
accessorial charges agreed to on the Broker/Carrier Rate Confirmation Sheet or other
signed writing. Carrier must submit proof of delivery with invoices to Broker as a
precondition of payment for services hereunder. Payment terms shall be thirty (30) days
from receipt of necessary supporting documentation.
14. All notices under this Agreement shall be in written and shall be properly given nd
delivered in persons, via fax, email or overnight courier, or sent by first class mail addressed
as provided for from time to time by the parties hereto.
15. This Agreement and any attachments hereto and any pricing incorporated herein
constitute the entire Agreement between the parties and may be modified only as
evidenced by written agreement and signed by the parties. If any provision of this
Agreement shall be determined to be invalid or unenforceable, the remaining portions
of this Agreement shall continue to be operative and in full force and effect.
BY CLICKING THE ACCEPTANCE BUTTON, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE AGREEMENT AND AGREE TO THE ENTIRETY OF THE TERMS & CONDITIONS CONTAINED THEREIN.