CARRIER-DISPATCHER AGREEMENT
This AGREEMENT made as of this __________ day of ____________2021 by and between NDOVU LOGISTICS and ______________________________ licensed by the FMCSA as an Inter-state carrier of property, holding authority, MC # __________________ and/or DOT #______________________. The DISPATCH and the CARRIER have upon due consideration, determined that a contract agreement to their mutual advantage and best interest, they hereby agree to the following terms and conditions:
Documents
CARRIER must furnish NDOVU LOGISTICS with the following documents prior to the implementation of this agreement, via email at ndovulogisticsllc@gmail.com
_______________ Dispatch Carrier Agreement
_______________ Copy of Client’s Authority (MC Permit)
_______________ Credit Card Authorization Form
_______________ A signed W-9 Form
_______________ Copy of Owner Operator’s and Driver’s Driver License
______________ Limited Power of Attorney form
_____________ Certificate of Insurance
Article 1 Relationship
The relationship of CARRIER to DISPATCH, shall, at all times, be that of an independent contractor, DISPATCH agrees to solicit and offer freight transportation shipments for CARRIER from and to such locations between service may be required , subject to the availability of suitable equipment. DISPATCH shall be the agent for CARRIER for searching for loads, booking them, dispatching, handle all paperwork directly with the broker and/or shipper, and any load problems.
Article II Term
The term of this AGREEMENT shall be effective as of the date hereof, and shall continue thereafter for a term of seven (7) days of such date, and automatically from week to week thereafter, subject to the right of either party hereto to cancel the AGREEMENT at any time upon not less than seven (7) days written notice by certified mail of one party to another.
Article III Dispatch Service Method
DISPATCH’s objective is to design a pro-active logistic plan a week in advance, based on CARRIER’s territory preference. The plan is influenced by the current situation on the market and/or region, in order to take advantage of the most profitable loads. DISPATCH’s logistics coordinators (dispatchers) will find loads that best matches CARRIER’s preference and communicate such options with CARRIER and/or its driver. Once CARRIER agrees to accept the load, DISPATCH will send all necessary and required supporting documents to the broker/shipper. Once the load confirmation is received, it is forwarded to CARRIER, for its records. DISPATCH agrees to “assist” CARRIER with any load issued, paperwork, and/or billing issues.
Article IV Rate Plan
PERCENTAGE PLAN: Dispatch service for a flat fee of 10% of the load confirmation.
Article V Compensation
The amount due to DISPATCH will be automatically deducted from a Debit/Card provided by CARRIER on this agreement by the end of the business day Friday of the same week. DISPATCH will charge the Debit/Credit Card on file for the agreed service rendered, or if the CARRIER chooses to be invoiced then CARRIER agrees to pay the invoice within four (4) hours, the invoice can be paid via Square, Zelle, Wires, ACH Deposits. CARRIER will be compensated directly from other brokers/shippers handling the load, or from a factoring company chosen by CARRIER.
Article VI Non-Solicitation
CARRIER agrees that it will not solicit traffic from any shipper, consignor, or customer of DISPATCH where the CARRIER transports loads or is made aware of such traffic, as a result of DISPATCH’s efforts. It is further agreed that this non-solicitation provision shall be in force and effect during the term of this AGREEMENT and for a period of one (1) year from the date of the termination of this AGREEMENT for any reason. In the event of non-compliance with the specific provisions of this paragraph, CARRIER upon discovery of breach, be liable to DISPATCH for 100 percent (100%) of the gross transportation revenue received by CARRIER from said shipper(s) within one (1) year after the date of termination of this AGREEMENT.
Article VII Bills of Lading
Each shipment will be evidenced by a bill of lading issued by other brokers/shippers. Such bills of lading or receipts or invoices are, however, for the sole purpose of evidencing receipt for the goods.
Article VIII Equipment
CARRIER agrees to provide, operate, and maintain in good working condition, motor vehicles and all allied equipment necessary to perform the Transportation Schedule in a safe, efficient and economic manner.
Article IX Freight Loss, Damage or Delay
CARRIER shall have the sole and exclusive care, custody, and control of the shipper’s property from the time it is picked up for transportation, until it is delivered to the destination. CARRIER assumes the liability of a common carrier for loss, delay, damage to or destruction of any and all shipper’s goods or property while under CARRIER’ care. Payments by CARRIER to DISPATCH or its customers, pursuant to the provisions of this section, shall be made within thirty (30) days following receipt by CARRIER of DISPATCH’s or customer’s invoice and supporting documentation for the claim.
Article X Sub-Contract Prohibition
CARRIER specifically agrees that all freight tendered to it by DISPATCH shall be transported on equipment operated only under the authority of CARRIER shall not in any manner sub-contract, broker, or in any form arrange for the freight to be transported by a third party without the prior consent of DISPATCH.
Article XI Drivers
CARRIER agrees to provide property qualified, trained, and licensed drivers and other personnel to perform the transportation and related services under this Agreement and each transportation schedule in a safe, efficient, and economic manner. CARRIER’s personnel are always expected to conduct themselves in a professional manner and shall ascertain and comply with all of the customer’s facility rules and regulations while on customer’s premises.
Article XII Indemnification
CARRIER agrees to indemnify, defend and hold DISPATCH and its customer (including their officers, directors, employees, subcontractors, and agents) harmless from and against any and all liabilities, damage, fines, penalties, costs, claim, injury, obligation, or liability arising from CARRIER’s actions, behavior, or transportation pursuant to this agreement.
Article XIII Governing Law, Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas both as interpretation and performance. DISPATCH and CARRIER hereby consent to and agree to submit to the jurisdiction of the federal and state courts located in Arlington, Texas, in connection with any claims or controversies arising out of this Agreement.
Article XIV Additional Provisions
In the case of insufficient funds or credit card decline, there is a built-in grace period of 48 hours after the due date, before the account is subject to suspension. In which case, the account must be paid current and is subject to a reinstatement fee of $ 1-50.
In witness of the parties hereto have executed this Agreement as of this date first above written.
DISPATCH CARRIER
Ndovu logistics Company Name:
Contact Contact:
Signature Signature
________________ ______________
Date Date
LIMITED POWER OF ATTORNEY
This Limited Power of Attorney (the AGREEMENT) is made effective on _____________ (date) between: NDOVU LOGISTICS hereinafter called DISPATCH a company established under the laws of the State of Texas, and __________________________ hereinafter called CARRIER, motor carrier company with MC # _______________ and/or DOT # ____________________. CARRIER hereby appoints DISPATCH as my Attorney-in-Fact (AGENT). DISPATCH’s agents shall have full power an authority to act on my behalf. This Power and authority shall authorize DISPATCH to manage and conduct affairs and to exercise all my legal rights and powers, including all rights and powers that I may acquire in the future. DISPATCH powers shall include, but not limited to, the power to:
• Professional dispatch services, including contact drivers, shippers, and brokers on my behalf for cargo. Transfer of Paperwork (Carrier Packet, Rate Confirmations, Insurance Certicates, invoices, and all necessary Paperwork) to shippers. Sign and execute rate confirmations for freight and collect all payment dues on my behalf.
This Power of Attorney shall be construed broadly as a General Power of Attorney. The listing of specific powers is not intended to limit or restrict the general powers granted in this Power of Attorney in any manner. DISPATCH shall not liable for willful misconduct or the failure to act in good faith, while acting under the authority of this Power of Attorney. I authorize DISPATCH to indemnify and hold harmless any third party who accepts and acts under this document. This Power of Attorney shall become effective immediately and shall return in full force and effect until revoked by me in writing. Such revocation is to be sent via email in 10 days in advance to DISPATCH to ndovulogisticsllc@gmail.com
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date below:
Ndovu Logistics Company
Signature Signature
________________ _______________
CEO Title:
Date: Date:
OPTIONAL Credit Card Payment Authorization Form
___________________________, hereinafter called CARRIER do hereby authorize NDOVU LOGISTICS, hereinafter called DISPATCH, to initiate a weekly debit entry for the amount listed below, on the dates listed below, to the credit card account indicated below, in authorization form, along with a photocopy of the front and the back of both my credit card and my driver’s license, will allow me the convenience of not having to produce these items for impression at the time of service.
Name on the Card: __________________
Please Check one: Visa O MC O DISC O AMEX O
Credit Card Number: _______________________
Expiration Date: ___________/_____ CVC: ___________ ZIP: __________
Authorized Weekly Payment Amount: 10%
Starting on ______/_______/20_________ Ending on _______/__________/20________
This authorization remains in full force and effect until the ending date listed above. I understand that I will be notified via email when DISPATCH debit my account each week. I understand that if the load is tendered and accepted by me, but for any reason, whether it is due to carrier, shipper or broker, the load gets rescheduled or canceled, I am still responsible for paying DISPATCH as set out above. Any revocation shall not be effective until CARRIER notifies DISPATCH in writing to cancel this automatic payment authorization, in such time and such a manner as ton afford DISPATCH a reasonable opportunity to act on it.
Card Holder’s Signature ______________________
Authorization Date __________________________
Card Holder’s E-Mail ________________________
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