Broker Agreement by grb15373


									                              WhiteFire Logistics LLC

Please sign and return the following:
   • A signed and executed copy of the attached contract.
   • A copy of your Operating Authority.
   • A Certificate of Insurance listing WhiteFire Logistics LLC as certificate holder
        and as additionally insured (additionally insured only if you are interested in new
        car deliveries) for your cargo policy.
   • A completed W9.
   • Complete contact information for your company including address and phone and
        fax numbers.
   • An equipment list describing trucks and trailers intended to be used in
        performance of this contract.
                              Broker/Contract Motor Carrier Agreement
1.         TERM. The Term of this agreement shall be for one year and shall automatically renew for a successive one
year period. This agreement may be terminated at any time by giving thirty days prior written notice.
2.         CARRIER AUTHORITY. The Carrier represents that it is duly and legally qualified to provide services
contemplated herein, and shall comply with all federal, state, and local laws regarding the provision of those services.
3.         SERVICES. The Carrier’s services under this agreement are designed to meet the distinct needs of the Broker
under the rates and conditions set forth herein.
4.         CARRIER OPERATION. The Carrier shall, at its own expense, provide all necessary equipment and
provide for all expenses relating to said equipment required for the performance of its obligations under this agreement.
Further, the Carrier shall have full control of all personnel and shall perform services hereunder as an independent
5.         INSURANCE The Carrier shall, at its own expense, procure and maintain cargo insurance in the amount(s)
$100,000 for 1-4 car carriers for used cars
$200,000 for 5-7 car carriers for used cars
$300,000 for 8-10 car carriers for used cars
$150,000 for 1-4 car carriers for new cars
$300,000 for 5-7 car carriers for new cars
$500,000 for 8-10 car carriers for new cars
for loss and damage to property transported by the Carrier under this Agreement. The cargo insurance shall be in the
form required by 49CFR 1043.2(b) and shall have no exclusions or restrictions that would not be accepted by the
Interstate Commerce Commission for a filing under the statutory requirements of the above cited section. Additionally,
the Carrier shall maintain in effect at all times a bodily injury and property damage public liability insurance policy
with approved insurance and limits equal to or greater than $1,00,000.0. In order to assure the Carrier’s ability to
maintain the insurance coverage detailed above, the Carrier shall have an endorsement included in each policy
providing for written notice of cancellation to be forwarded directly to the Brother within thirty (30) days prior to
cancellation or non—renewal, and in addition, Carrier shall deliver to the Broker a Certificate of Insurance issued by its
insurance carrier relating to each policy. In addition the Broker shall be listed s Additionally Insured for its cargo
damage insurance in order to be eligible to haul new cars or leave vehicles STI (night drop).
6.         INDEMNITY. The Carrier shall defend, indemnify, and hold harmless the Broker from and against all loss,
damage, expense, cost, including reasonable attorney fees, fines, actions and actions for injury to persons (including
death) and for damages to property arising out of or in connection with the Carrier’s failure to comply with the terms of
this Agreement or Carrier’s loading, handling, transportation, unloading, and delivery of any shipments made
7.         LOADING DISPATCHES AND DELIVERY RECEIPTS. Each shipment hereunder shall be evidenced by a
receipt in such form as specified by the Broker or by the Broker’s customer signed by the Carrier showing the kind and
quantity of product received by the Carrier at the origin. The absence of such receipt shall not relieve the Carrier of its
obligations and responsibilities with respect to any shipment made hereunder. Such a receipt shall evidence of receipt
of such a shipment in good order ad condition unless otherwise indicated on the face of such a receipt by the Carrier.
Upon delivery of each shipment made hereunder, the Carrier shall obtain a receipt showing the kind and quantity of the
product delivered to the consignee of the shipment at the destination specified by the Broker and the Carrier shall have
the receipt signed by the consignee. All Delivery Receipts must include at least the last 8 numbers from the VIN.
Failure to include the VIN will cause a delay in payment and may be cause for non payment in the event delivery
cannot be verified. Vehicles may be delivered Subject to Inspection and without signatures (STI/night drop) only with
permission of the Broker and consignee. The Carrier accepts any loss associated with an STI delivery. Payments for
STI deliveries shall not be made to the Carrier until 72 hours after receipt of the time of delivery. Further no Carrier
who does not name the Broker as Additionally Insured on the Carrier's Cargo policy shall be allowed to STI any
shipment for any reason. Any delivery made without a signature or properly conforming to STI guidelines may not be
paid, at the discretion of the Broker. Any terms, conditions and provisions of the bill of lading, manifest or other forms
of receipt or contract shall be subject and subordinate to the terms, conditions, and provisions of this Agreement.
Carrier shall notify the Broker of any exception made on the bill of lading, manifest or other receipt. Dispatches
accepted by the Carrier either through Central Dispatch or by Fax must include a driver name and number. Dispatches
not including a driver name and number may be canceled at the discretion of the Broker. Do not include any rate
information on Delivery Receipts. Carriers including rates on delivery receipts may be subject to penalties as laid out
in the PAYMENTS section at the Broker's discretion.
8.         FREIGHT LOSS DAMAGE OR DELAY. The broker shall submit to the Carrier written notice of any cargo
claim, including loss or expense resulting form the Carrier’s delay in providing service, within twelve months of the
delivery date of the shipment, or if no delivery the date of the occurrence of the claim. In the event that a claim is filed
prior to the Broker issuing any payment to the Carrier payments may be delayed until the claim can be either denied or
substantiated. Such a delay shall not exceed (60) days from the date of the notice of claim and response from the
carrier. The filing, processing and disposition of all cargo claims shall be governed by 49 C.F.R 1005 et seq. The
parties agree that federal common laws of liability shall apply to all shipments being transported by the Carrier under
this agreement. In addition, however, the Carrier shall be liable to the Broker for all economic loss, including
consequential damages that are incurred by the Broker or the Broker’s customer for any freight loss, damage or delay
9.         WAIVER OF LIEN The Carrier shall not withhold any of the goods of the Broker’s customer on account of
any dispute as to the prices or any alleged failure of the Broker to pay changes incurred under this agreement. The
Carrier is relying on the general credit of the Broker and hereby releases and waives any liens which the Carrier might
otherwise have to any goods of the Broker’s customers in the possession and control of the Carrier.
10.        PAYMENTS The Carrier will charge and the Broker will pay for transportation services preformed under
this agreement at rates and charges set forth and agreed upon prior to the Carrier receives products of the Broker’s
customers. The Broker will make payment to the Carrier within sixty (60) days of their receipt of the Carrier’s invoice,
the Carrier’s delivery receipts or other documentation necessary as proof the service has been provided at the agreed
rate and charge. In the even that service is provided and there is no applicable rate the parties agree that the rate paid
by the Broker and collected by the Carrier shall be the agreed contract rate. In no case shall the Broker be liable for
any transportation charge for which the Broker did not have primary responsibility for payment under the
circumstances surrounding the shipment. The Carrier agrees that the Broker is solely liable for all freight charges
relating to the transportation services provided herein, and the Carrier agrees to refrain from all collection efforts
against the shipper, receiver, consignor, consignee or the Brokers customers. In the event of a delay in pickup or
delivery the Carrier must contact the Broker immediately. Failure to contact the Broker in a timely manner about a
shipping delay may result in any or all of the following at the Broker's discretion:a negative rating on Central Dispatch,
delay in payment, and/or a late delivery charge of 15%, not less than $50. Broker may deduct from any payment any
amount the Carrier is indebted to the Broker including freight loss, damage and delay claims.
11.        SOLICITATION OF ACCOUNTS The Carrier understands and agrees that the Broker has put forth
substantial effort and investment in order to develop its accounts and will at no time during the term of this Agreement
and for a period of one (1) ear after the effective date of termination of this Agreement, either directly, indirectly, at,
attempt to solicit, divert, by-pass, back-solicit or perform any services for compensation for any account of the Broker
which the Broker has secured and has previously tendered to the Carrier for transportation, unless the Broker has given
prior written authorization. In the event that thee Carrier violates the terms of this section the Carrier shall be liable to
the Broker for normal and customary commission , which the Broker would have received for each individual unit
delivered, and seethe Carrier shall deliver said amount to the Broker within thirty (30) days after billing the shipper.
12.        CARRIER AS INDEPENDENT CONTRACTOR The Carrier is an independent contractor and is in no way
to be considered an agent or employee of the Broker. Carrier agrees to indemnify and hold harmless the Broker from
an and all claims of any type or nature arising or growing out of the transportation, operations and activities of the
Carrier hereunder, and assumes full responsibility for all salaries, insurance, pensions, and benefits of the employees of
the Carrier in performance of this agreement.
13.        GOVERNANCE This Agreement shall be governed by and interpreted under the laws of the State of
14.        AMENDMENTS This Agreement constitutes the entire agreement and understanding between the parties and
shall not be modified, altered, changed or amended in any respect unless in writing and signed by both parties.

Further, the Broker may agree to waive any requirement specified in this Agreement but such waiver shall not be
constructed as an amendment to this contract, no as a right of the Carrier to rely on this waiver in other circumstances.

BROKER:                                                                 CARRIER:

WhiteFire Logistics LLC                                                 ________________________________

________________________________                                        ________________________________
       Authorized Signature                                                    Authorized Signature

________________________________                                        ________________________________
       Name/Date                                                               Name/Date
       WhiteFire Logistics
       13607 Bedford Rd NE
       Cumberland, MD 21502

To top