DISPATCHER – CARRIER AGREEMENT
This Dispatcher-Carrier Agreement is made on this _________ day of ________ Between XXX LLC of XXX (hereinafter referred to as the “Dispatcher”) and _________________ (hereinafter referred to as the “Carrier”) together referred to as “parties”.
WHEREAS the Dispatcher is a transportation dispatcher handling all the necessary dispatching and administrative services between the supplier and the Carrier; the Carrier is a registered Motor Contract Carrier with its principal offices at _________________ subject to the Jurisdiction of FMCSA;
NOW, THEREFORE, the parties have mutually agreed to be legally bound by the following terms and obligations; –
- Term.
Parties herein agree that the terms in this agreement shall be binding and effective for a period of one (1) calendar year with a free look period of one (1) week without penalty.
- Obligations of Dispatcher.
The dispatcher agrees to handle the paperwork, phone; fax calls to and from the broker to tender commodities shipments to the carrier for transportation in interstate commerce by the carrier between points and places within the scope of the carrier’s operating authority.
The dispatcher shall not bear any financial or legal responsibility in the transaction between the shipper and carrier agreement.
The dispatcher agrees to dispatch Motor carriers to the contracted supplier for freight fulfillment Win the load with motor carrier CPM.
The dispatcher shall be responsible for ensuring the driver is in compliance with all DOT and FMCSA regulations.
- Obligations of Carrier.
The carrier agrees to maintain adequate insurance while this contract is active. The insurance shall be; –
- $100,000 in cargo
- $1,000,000 in liability for semi trucks and box trucks, and hotshots
- $5,000- $1,000 in cargo and
- $100,000 liability for Cargo vans.
It is agreed that the above insurance limits shall vary depending on the driver’s profile and the carrier shall inform the dispatcher what the carrier’s insurance allows them to transport.
The Carrier must possess: –
- Active UCR
- Active DOT Number
- Active MC Number W-9 on file
- Certificate of Insurance
- Business License in Good Standing
The carrier shall be liable for loss, damage, or liability occasioned by the transportation of property arranged by the dispatcher, or shipper while in their possession.
The carrier agrees to hold the dispatcher and shipper harmless from any liability for personal injury or property damage occurring during the operations conducted by the carrier pursuant to this agreement.
The carrier shall be responsible for complying with all applicable state and federal regulations pertaining to the operation of a motor carrier.
- Acknowledgments.
The parties herein agree and acknowledge that the Dispatcher shall not be responsible for compliance monitoring if the Carrier does not opt-in for this service and they are also not liable for damages if the Carrier incurs a suspension from DOT.
In the event the Carrier wants to avoid suspension then they shall agree in writing that the Dispatcher will commit to this service in die time. If not then the Dispatcher shall not be responsible for cómplice until another form is completed by the Carrier expressly opting in for this service.
- Penalty.
In the event the dispatcher becomes aware that the carrier is uninsured, they shall be suspended for a period of two (2) weeks to acquire insurance. If the carrier still cannot acquire the insurance after two (2) weeks, a notice shall be issued indicating a breach of this agreement which is liable for payment of penalties.
- Payment.
Parties herein agree that the dispatcher shall be paid on a weekly auto-pay service via direct deposit or any other means of automatic reoccurring payment throughout the existence of this agreement.
The payment shall start 45 days after the first load has been accepted and then on a weekly subscription thereafter.
Parties agree that the rates depend on the driver profile which shall either be 8 – 13% of the load dispatched/accepted.
There shall be an administration fee of $25 in addition to the percentage rate for every load accepted.
- Dispute Resolution.
In case of any dispute or conflict that arises from the non-performance of the terms in this Agreement, parties mutually agree to negotiate and resolve the dispute. If the same fails, it shall be referred to a mediator.
- Termination.
Severing this agreement shall bring irreparable loss to Ready Ship, the dispatcher, and put its affiliates at risk of losing dedicated lanes and ultimately loss of the suppliers’ trust in the ability to uphold their agreement.
There shall be a mandatory penalty of $5,000 if this agreement is severed prematurely before the lapse of one year.
The Dispatcher reserves the right to sever this contract if/when they determine that a Carrier cannot perform its duties as promised and they shall waive the contract fee to $2,500 and payment will be deferred until 6-9 months on a case-by-case basis.
In the event the Carrier is able to come back to working conditions before then, the Dispatcher shall be able to forward the payment towards the end of closing the contract.
- Special Condition.
In case of Disability, Family Emergency, Military Duty (As USA Law regulates), workman’s compensation, doctor’s notice, Maternity, Cancer, or any other terminal disease by the Carrier, or any other special conditions as stated above, the Dispatcher shall acknowledge the circumstances and as a company, they will make special accommodations for the protected class.
- Severability.
Suppose a provision of this Agreement is found by a court of competent jurisdiction to be invalid and unenforceable. In that case, it will be severed from the Agreement, and the other provisions will continue and not be affected.
- Waiver.
A waiver by any of the parties herein of any of their rights in this Agreement does not infer a further waiver of that right or any other right provided in this Agreement.
In the performance of the conditions in this Agreement, time is of the essence.
IN WITNESS WHEREOF, the parties have signed this Agreement on the date indicated hereinbelow.
| DISPATCHER; –
Signature: __________________________ Date: ______________________________ Email Address: _____________________ |
CARRIER; –
Signature: __________________________ Date: _______________________________ Email Address: _____________________ |
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