Get documents about "BULLDOG NATIONAL LOGISTICS, LLC
Document Sample
BULLDOG NATIONAL LOGISTICS, LLC
BROKER- CARRIER TRANSPORTATION AGREEMENT
THIS Agreement is made and entered into this_____ Day of ________________ ________
by and between BULLDOG NATIONAL LOGISTICS, LLC (“Broker”) and ______________
_____________ (“Carrier”)…
RECITALS
A. Broker is a Federal Motor Carrier Safety Administration (TMCSA) licensed
transportation Broker, under license MC 564719, that arranges the transportation of
freight under its contractual agreements with various shippers, consignors and
consignees (“Customer” or “Customers”).
B Broker provides and arranges for transportation that is performed by others. In this
arrangement of transportation for Customers’ freight pursuant to the terms and
conditions of this Agreement, Broker desires to engage the transportation services of
Carrier.
C. Carrier is registered with FMCSA under Permit No. __________________ as a motor
contract carrier in interstate, intrastate, and / or foreign commerce and is in all respects
qualified to transport freight as required by Broker.
D Carrier recognizes the special, varying and continuing transportation needs of Broker
and its customer base of shippers, and in order to serve a portion of those
transportation needs, Carrier desires to provide transportation and related services to
Broker under a continuing agreement designed to meet the needs of Broker’s
customers as arranged by Broker.
E Carrier acknowledges that as a single motor contract carrier it may not be able to
continually serve the broad range of Broker’s Customers’ transportation needs and
demands throughout the United States, and this Agreement may be one of a number of
such continuing agreements entered into by Broker with motor carriers.
F. Broker and Carrier understand this Agreement does not bind the parties to mutually
exclusive services to each other, and that Broker may enter into similar agreements with
other motor carriers and Carrier may enter into similar contract carriage agreements
with other brokers and/or shippers.
G. The Carrier shall be fully responsible for ALL claims if product is refused by the
receiving customer Due to not keeping the freight completely dry as stated on the
signed Broker-Carrier confirmation Agreement.
AGREEMENT
NOW THEREFORE in consideration of the above recitals and the covenants contained herein,
the parties agree as follows:
1.0 TERM.
The Term of this Agreement shall be for one (1) year, commencing on the date first mentioned
above, and shall automatically renew for successive one (1) year periods; provided, however,
that this Agreement may be terminated by either party at any time by giving thirty (30) days
prior written notice to the other Party, with or without cause.
If either party materially breaches this Agreement, files Bankruptcy, is adjudicated Bankrupt,
makes an
Page ( 4 )
assignment for the benefit of creditors, is insolvent, or has a receiver appointed to sell
substantially all of its assets, the other party may terminate this agreement at any time,
2.0 CARRIER~S OPERATING AUTHORITY AND COMPL1ANCE with LAW.
Carrier must provide Broker with a copy of Carrier’s operating authority in which Carrier
represents and warrants that it is duly and legally qualified to provide, as a contract carrier, the
transportation services contemplated herein~ Carrier further represents and warrants that it
does not have a conditional or unsatisfactory safety rating issued from the U.S. Department of
Transportation (“USDOT”), and further agrees to comply with all federal. state and local laws
regarding the provision of the transportation services contemplated under this Agreement.
3.0 PERFORMANCE OF SERVICES.
Carrier’s services under this Agreement are specifically designed to meet the 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. This
Agreement does not grant Carrier an exclusive right to perform the transportation related
services for Broker or its Customers.
4.0 RECEIPTS AND BILLS OF LADING.
Upon delivery of each shipment made under this Agreement, Carrier shall obtain a receipt
showing the kind and quantity of product delivered to the consignee of such shipment at the
destination specified by Broker or the Customer, and Carrier shall cause such receipt to be
signed and dated by the consignees.
Carrier’s drivers shall be instructed to sign their company’s name and record the seal number, if
any. on every bill of lading evidencing a shipment under this Agreement. Under no
circumstances shall Carrier prepare a freight document which lists Broker as “Carrier” or
“Shipper.” Documents for each of Broker’s shipments shall name Broker as “broker” and Carrier
as “carrier.” Carrier agrees to indemnify and hold Broker harmless from any direct, indirect and
consequential loss, damage. fine, expenses, including attorneys’ fees, arising from any errors in
the bill of lading, including by way of illustration without limitation, the showing of Broker as
“Carrier” or “Shipper.”
Any terms, conditions and provisions of the bill of lading, manifest or other form of receipt or
contract shall be subject and subordinate to the terms, conditions and provisions of this
Agreement. Carrier shall notify Broker immediately of any exception made on the bill of lading
or delivery receipt. All signed delivery receipts and bills of lading will be sent to Broker via mail,
facsimile or other communication method specified by Broker, within two (2) business days of
delivery
This Agreement shall govern any and all shipments tendered to Carrier by Broker (or upon
Broker’s instructions) and accepted by Carrier. Any schedules, tariffs, rates, charges,
classification and/or rules adopted. maintained, filed or published by Carrier shall not apply to
any such shipment under this Agreement unless the same are specifically identified and
incorporated herein. As permitted by 49 USC 14 101(b). the parties expressly waive any and all
rights or remedies that they may have in connection with claiming a rate. charge or fee which is
different from the rate. charge or fee established in this Agreement.
5.0 CARRIERS LIABILITYIINDEMNITY.
Carrier shall assume full and complete responsibility and liability, regardless of the fault of any
person, for any and all loss and damage to, destruction of, or delay of, any shipment in possession
or control of Carrier. Where the terms and conditions specified in this Agreement conflict with
those in the Bill of Lading, the terms and conditions specified in this Agreement shall prevail.
The liability under this Agreement shall be for the full value of the property lost and damaged.
Full value of lost or damaged items shall mean replacement cost established by trade sale or
other invoice documentation, plus any additional transportation costs that may be required.
Carrier shall pay to Broker, or allow Broker to
Page ( 5 )
deduct from the amount Broker owes Carrier. Customer’s full actual loss for the kind and
quantity of commodities so lost, delayed or destroyed. Carrier shall be liable to Broker for all
economic loss. including consequential damages. that are incurred by Broker or the Customer
for any freight loss, damage or delay claim
Carrier, on behalf of itself and its successors and assigns, shall indemnify and hold Broker (and
all of its past, current, and future directors, officers, employees, representatives, affiliates,
agents, successors. and assigns) harmless from and against all claims. actions. causes of
action, suits at law or in equity, and proceedings whether civil or criminal (including without
imitation, government agency proceedings). damage claims, judgments. debts, controversies,
injuries, fines, penalties, including the cost of litigation and attorney’s fees, arising out of or in
any way related to Carrier’s performance or the breach of this Agreement by Carrier, its
employees or independent contractors working for Carrier including, but not limited to, claims
for personal injury (including death), property damage, regulatory violations, cargo loss, and the
Carrier’s possession. use, maintenance, custody or operation of the equipment.
Carrier agrees that its obligations to defend, indemnify and hold harmless Broker from and
against any and all claims and liabilities resulting from or arising out of transportation operations
and services under this Agreement shall survive any termination of this Agreement.
6.0 INSURANCE.
Carrier shall maintain at its own cost and expense Commercial Automobile Liability insurance
with a minimum liability limit of $1 .000.000 (U.S. Dollars) per occurrence for personal injury
and property damage, and providing for a deductible no greater than $1 .000, with respect to all
vehicles owned, non-owned, hired or assigned to transport shipment. Carrier shall list Broker as
loss payee and provide to Broker, Customer Shipper and Consignee insurance coverage from
any and all liabilities for personal injury (including death) and property damage arising out the
ownership, maintenance. use or operation. including loading and unloading of the equipment
operated by the Carrier under this Agreement. Carrier shall furnish Broker. written notice of
cancellation or modification of insurance at least ten (10) business days prior to such written
cancellation or modification.
Carrier shall also maintain at its own cost and expense Cargo Liability Insurance in an amount
equal to the full value of the maximum quantity of goods expected to be transported at any one
time under this Agreement. but in no event in an amount less than $100,000 (U.S. Dollars) per
shipment, and providing for a deductible no greater than $1,000 Carrier shall list Broker as loss
payee. Unless approved in advance by Broker, the coverage provided under the cargo policy
shall have no exclusions or restrictions of any type that would foreseeably preclude coverage,
or reduce the coverage amount relating to a cargo loss, damage or delay claim. Carrier shall
furnish Broker, written notice of cancellation or modification of insurance at least ten (10)
business days prior to such written cancellation or modification
Carrier also agrees to obtain any additional insurance which may from time to time be required
on specific loads and as agreed between Broker and Carrier.
Carrier shall furnish to Broker, prior to accepting any shipment for transportation under this
Agreement, a written certificate obtained from the insurance carriers showing that such
insurance has been procured, is being properly maintained, and the expiration date. Carrier will
also provide to Broker a complete copy of the applicable policies if so requested by Broker.
7.0 CARRIER’S EQUIPMENT/SUB-CONTRACT PROHIBITION.
Carrier at its sole cost and expense shall furnish all equipment required for its services
hereunder and shall maintain all equipment in good repair and condition. Carrier, at its sole cost
and expense, shall employ for its services hereunder only competent and legally licensed
personnel who shall be well trained in the care. safety and response procedures applicable to
the shipments being handled and transported.
Page ( 6 )
Carrier specifically agrees that all freight tendered to it by Broker shall be transported on
equipment operated only under the authority of Carrier, and that Carrier shall not in any manner
sub-contract. or in any other form arrange for the freight to be transported by a third party
without the written consent of Broker
8.0 PAYMENTS.
Carrier will charge and Broker will pay for transportation services performed under this
Agreement according to the rates and charges as shown on separate Rate Confirmation Sheets
to be signed, dated and agreed to by Carrier and Broker before each shipment made under this
Agreement. Every Rate Confirmation Sheet shall be deemed a part of and subject to the terms
of this Agreement
Carrier represents and warrants that there are no other applicable rates, charges, or Tariffs,
except those established in this Agreement or in any Rate Confirmation Sheet signed by Broker
All signatures and transactions with respect to the Rate Confirmation Sheets done via facsimile
transmission are deemed legal and binding
Payment by Broker to Carrier will be made within thirty (30) days or receipt by Broker of
Carrier’s bill of lading, clear delivery receipt, and any other necessary billing documents
enabling Broker to ascertain that service has been provided at the agreed upon charge. Carrier
agrees that Broker has the exclusive right to handle all billing of freight charges to the Customer
for the transportation services provided herein and as such, Carrier agrees to refrain from all
collection efforts against the shipper. receiver, consignor. consignee or the Customer. Carrier
further agrees that Broker may withhold payment to satisfy claims for loss including but not
limited to damaged property or shortages, or advances to or payments made on behalf of
Carrier, for the shipment being settled and for any other shipment under this Agreement
Carrier is relying upon the general credit of Broker and hereby waives and releases all liens
which Carrier might otherwise have to any goods of Broker’s Customer in the possession or
control of Carrier.
Carrier shall not withhold delivery of any freight due to any dispute with Broker regarding freight
charges or otherwise
9.0 SHIPMENTS PRODUCING CLAIMS, REJECTIONS, ETC.
When a shipment is partially or wholly refused or rejected by the receiver, or Carrier is unable to
deliver it for any reason, Carrier shall immediately notify Broker in order to receive
disposition instructions Until such disposition instructions are received, Carrier must place
shipment in a public warehouse under Broker’s name or in its terminal or storage facility
under reasonable security and provide written notice of such act to Broker Carrier shall have
no right to sell, auction or otherwise dispose of any property tendered to it but which is
undeliverable, without the written consent of Broker.
10.0 NON-SOLICITATION.
Carrier agrees that under no circumstances will it communicate directly with clients referred to it
by the Broker it is understood by the Carrier that the provisions of this paragraph pertain to
“Back Soliciting.”
Carrier agrees that during the term of this Agreement or any renewal hereof Carrier shall not
influence or attempt to influence customers or clients of Bulldog National Logistics. LLC.
specifically but not limited to those clients and customers of Bulldog National Logistics. LLC
that the Carrier has either picked up freight for or delivered freight to. In addition. Carrier
shall not attempt to directly or indirectly divert business to any individual, partnership. firm,
corporation or other entity then in competition or planning to be in competition in the future
with the business of Bulldog National Logistics, LLC or any subsidiary or affiliate of.
For a period of twenty twelve (12) months following the Carrier’s last contact with any client or
customer of Bulldog National Logistics. LLC. the Carrier agrees it shall not either directly or
indirectly influence or attempt to influence customers or clients of Bulldog National Logistics.
LLC (or any of its present or
Page ( 7 )
future subsidiaries or affiliates) for whom the Garner has rendered services pursuant to this
Agreement for the purpose of diverting their business to the Garner or any individual
partnership. firm, corporation or other entity then in competition or planning to be in competition
in the future with the business of Bulldog National Logistics. LLC. or any subsidiary or affiliate
of.
Broker shall identify its Customer to Carrier as each first load from each Customer is tendered
to Carrier. Carrier’s acceptance of the load and movement of the freight will acknowledge that
this new Customer is a Broker Customer
The Carrier acknowledges that the violation of this non-solicitation paragraph would cause
irreparable harm to Bulldog National Logistics. LLC and that in the event of breach of this
provision. Carrier shall pay to Broker a commission equal to 15% of all gross revenues received
by the Carrier from the Customer as well as other damages as determined by a court of
appropriate jurisdiction. Said 15% commission shall continue during the period in which this
Agreement remains in force and for one year after the termination of the Agreement by either
party.
11.0 RELATIONSHIP BETWEEN CARRIER AND BROKER
The relationship of Carrier to Broker shall at all times be that of an independent contractor,
except that Broker shall be the agent for Carrier for the sole purpose of collection and payment
of charges to Carrier. Nothing in this Agreement shall be construed to give either party the
power to direct or control the daily activities of either party. or to constitute the parties as
principal and agent. employer and employee, franchiser and franchisee, partners. joint
ventures, co-owners. or other wise as participants in a joint undertaking. The parties
understand and agree that, except as specifically provided in this Agreement. neither party
grants the other party authority to make or give any agreement. statement, representation.
warranty. or other liability or obligation, express or implied, on behalf of the other party. or to
transfer, release. or waive any right, rule or interest of such other party. The employees of each
party shall not be considered employees of the other and shall not be eligible for any benefits
given by the other to its employees. Carrier hereby assumes full control and responsibility for all
hours scheduled and worked. wages. salaries, workers’ compensation and unemployment
insurance, state and federal taxes. fringe benefits, and all other costs relating to its operations
pursuant to this Agreement.
12.0 SEVERABILITY. In the event that the operation of any portion of this Agreement results in
a violation of any law. the parties agree that such portion shall be severed and that the
remaining provisions of this Agreement shall continue in full force and effect.
13.0 STATE LAW
This contract is binding upon the parties hereto. their successors and assigns, and shall be
construed under the laws of the State of Ohio
14.0 ENTIRE AGREEMENT
This Agreement is the entire agreement between the parties. superceding all earlier
agreements and all tariffs. rates. classifications and schedules published, filed or otherwise
maintained by Carrier. This Agreement cannot be altered or amended except in a writing signed
by all parties and cannot be assigned ~r transferred in whole or in part.
This Agreement may be executed in any number of counterparts. each of which when so
executed and delivered shall be deemed to be an original and all of which counterparts taken
together shall constitute but one and the same instrument. Any signature delivered by a party
by facsimile transmission shall be deemed to be an original signature hereof.
Page ( 8 )
**** NOTE **** You can get Bulldog Nationals surety bond on their web site: if
needed @ Bulldognational.com
IN WITNESS WHEREOF, The parties hereto have executed this contract in duplicate the
date first written.
Dated this _______ day of _______________, 20
“BROKER” “CARRIER”
BULLDOG NATIONAL LOGISTICS NAME ____________________________________
BY : ______________________________ BY: ______________________________________
Printed: ___________________________ Printed: __________________________________
Title: _____________________________ Title: ____________________________________
Address: __________________________ Address: _________________________________
Phone: ____________________________ _________________________________________
Fax: ______________________________ Phone: __________________________________
MC # _____________________________ Fax: ____________________________________
MC # ____________________________________
E-Mail: ____________________________
E-Mail _____________________________
Does your Insurance cover you with cargo Wetness insurance Due to driver negligence
YES or NO
Circle One
Why: Because if a load is deemed tarped and covered and dry and your driver delivers the
load wet or damaged and it is refused by the receiver or customer
We know your Insurance Coverage won’t cover the load for damages thus making you the
carrier and your company liable for the damages
Please fill out this page and sign and fax back Thank You
Last page of ( 9 )
Related docs
