CARRIER AGREEMENT - AMERVETFIRST
Thank you for your interest in becoming a Contracted Carrier for AMERVETFIRST LLC.Please FAX or Email the following information to us: Info@amervetfirst.com
⦁ Signed Broker Carrier Agreement (AMERVETFIRST LLC)⦁ Carrier Profile Sheet (Provided by AMERVETFIRST LLC; must be completed or a copy of your pre-made company profile sent)⦁ W-9 form (Federal Taxpayer ID form)⦁ Certificate of Auto Liability and Cargo Insurance coverage from your insuranceprovider showing “AMERVETFIRST LLC” as the certificate holder.⦁ Any pages showing exclusions from all insurance policies.⦁ Certificate of Worker’s Compensation coverage⦁ Copy of your operating authority⦁ Copy of your Alcohol Beverage Permit if applicable⦁ Copy of your Hazardous Materials Certificate if applicable
AMERVETFIRST LLC payment terms are: We will pay within 30 days from our receipt of(1) the original bill of lading signed by consignee;(2) your freight invoice including any accessorial charges and paid receipts for those charges;(3) the signed Matador Logistics Rate Conformation;(4) our load number must be referenced on all paperwork submitted.
Take the opportunity to visit us online at our website: http://amervetfirst.com/ We look forward to doing business with your company.Thank you,
Your AMERVETFIRST LLC Team MC 1192463
Please complete and return with the attached packet. This information will assist us inservicing you and your drivers. Thank you!
City: State: Zip:
CIty: State: Zip:
Dispatch Phone#: FAX#:
After Hours Phone#:
Email Address: (receive daily available loads list & rate requests)
Number of Company: Number of Owner Operators: Year Business Started:
Check all that apply:Authority: Common Contract Private Broker Haz-Mat
Equipment: Reefers: Vans: Flats: Hot-shot
Company Operation: Long-Haul Regional Cross Town Preffered Lanes: Carrier Sales Manager: Phone#: Do you use factoring company? Yes No
AMERVETFIRST LLC2128 AUSTIN LN Prosper, TX 75078
BROKER - CARRIER AGREEMENT
This Agreement is entered into this October 2, 2023, by and between AMERVETFIRST LLC ("BROKER"), a Registered Property Broker, DOT Lic. No. 1192463, and , a Registered Motor Carrier, Permit/Certificate No. MC/DOT - ("CARRIER"); collectively, the "Parties". ("Registered" means operated under authority issued by the Federal Motor Carrier Safety Administration (or its predecessors) within the U.S. Department of Transportation.).
1. CARRIER REPRESENTS AND WARRANTS THAT IT:
A. Is a Registered Motor Carrier of Property authorized to provide transportation of property under contracts with shippers and receivers and/or brokers of general commodities;B. Shall transport the property, under its own operating authority and subject to the terms of this Agreement;C. Makes the representations herein for the purpose of inducing BROKER to enter into this Agreement;D. Agrees that a Shipper's insertion of BROKER's name as the carrier on a bill of lading shall be for the Shipper's convenience only and shall not change BROKER's status as a property broker nor CARRIER's status as a motor carrier. BROKER is not a motor carrier and assumes no motor carrier responsibility for cargo loss and damage in the event that the National Motor Freight Traffic Association (NMFTA) (effective Aug. 2016) form of bill of lading is used;E. Will not broker, re-broker, subcontract, assign or interline the shipments hereunder, without prior written consent of BROKER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER. UponBROKER's payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement, including any claims under 49 USC 13901 et seq. In addition to the indemnity obligation in Par 1.H, CARRIER will be liable for consequential damages for violation of this paragraph;F. Is in, and shall maintain compliance during the term of this Agreement, with all applicable federal, state and local laws relating to the provision of its services including, but not limited to: transportation of Hazardous Materials, (including the licensing and training of drivers), as defined in 49 C.F.R. §172.800, §173, and §397 et seq. to the extent that any shipments hereunder constitute Hazardous Materials; security regulations; owner/operator lease regulations; loading and securement of freight regulations; implementation and maintenance of driver safetyregulations including, but not limited to, hiring, controlled substances, and hours of service regulations; sanitation, temperature, and contamination requirements for transporting food, perishables, and other products, including without limitation the Food Safety Modernization Act, the Sanitary Food Transportation Act of 2005, and the FDA's Final Rule pertaining to Sanitary Transportation of Human and Animal Food, qualification and licensing and training of drivers; implementation and maintenance of equipment safety regulations; maintenance and control of the means and method of transportation including, but not limited to, performance of its drivers;all applicable insurance laws including but not limited to workers compensation laws and regulations.G. CARRIER will notify BROKER immediately if its federal 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.H. Indemnity : 1) CARRIER shall defend, indemnify and save harmless BROKER, BROKER's customers, shippers and consignees (hereafter collectively referred to in this Par. Н as "BROKER") from any and all liabilities, claims, lawsuits, actions, demands and judgments made, threatened or entered against BROKER, and from all costs and expenses (including reasonable attorney's fees) incurred by BROKER in defending, paying or settling any claims or judgments for personal injury or death to persons, damage to property, loss, damage, theft, or delay to cargo, or civil or criminal penalties that arise directly or indirectly from or as a consequence of any transportation services provided by CARRIER under this Agreement.
2) CARRIER's indemnification obligation under this Par. H is expressly intended to include but not be limited to the obligation to defend, indemnify and save harmless BROKER from any claim, action, demand or lawsuit against BROKER alleging(a)that BROKER negligently hired CARRIER,(b)that Broker negligently hired or employed CARRIER's driver or subcontractor,(c)that Broker negligently engaged in a joint venture, partnership or fiduciary relationship or employer/employee relationship with CARRIER,(d)that Broker is vicariously liable for any conduct on the part of CARRIER, CARRIER's driver or CARRIER's subcontractor,(e)that CARRIER, CARRIER's driver or CARRIER's subcontractor acted as BROKER's agent, or(f)that BROKER acted intentionally.3) The Parties expressly intend that BROKER's customers, shippers and consignees are third-party beneficiaries of CARRIER's indemnification obligation under this Section Н. Carrier shall pay the costs of defense as they accrue.I. Does not have an "Unsatisfactory" safety rating issued by the Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation, and will notify BROKER in writing immediately if its safety rating is changed to "Unsatisfactory" or "Conditional".J. Authorizes BROKER to invoice CARRIER's freight charges to shipper, consignee, or third parties responsible for payment.K. Has investigated, monitors, and agrees to conduct business hereunder based on the creditworthiness of BROKER and is granting BROKER credit terms accordingly.L. Carrier warrants that: To the extent that any shipments subject to this Agreement are transported within the State of California, all equipment including but not limited to,(1) all 53-foot trailers, including dry van, and Heavy-Duty Tractors that haul them under this Agreement are in compliance with the California Air Resources Board (ARB) Heavy-Duty Vehicle Greenhouse Gas (Tractor-Trailer GHG) Emission Reduction Regulations, and(2) all refrigerated equipment utilized within the state are in full compliance with the California Air Resources Board (CARB) Transport Refrigerated Unit (TRU) Airborne Toxic Control Measure (ATCM), and in-use regulations, and(3) CARRIER shall be liable to BROKER for any penalties, or any other liability, imposed on BROKER or assumed by BROKER due to penalties imposed on BROKERS customer(s) because of CARRIER's use of non-compliant equipment.
2. BROKER RESPONSIBILITIES:
A. SHIPMENTS, BILLING & RATES: BROKER agrees to solicit and obtain freight transportation business for CARRIER to the mutual benefit of CARRIER and BROKER and shall offer CARRIER at least one (1) load/shipment annually. BROKER shall inform CARRIER of(1) place of origin and destination of all shipments, and(2) if applicable, any temperature or other special shipping instructions or special equipment requirements, of Which BROKER has been timely notified, and(3) value of shipments if known) which may exceed $100,000.00.B. BROKER agrees to conduct all billing services to shippers. CARRIER shall invoice BROKERfor its (CARRIER's) charges, as mutually agreed in writing, by fax, or by electronic means, contained in BROKER's Rate Confirmation Sheet(s) incorporated herein by this reference Additional rates for truckload or LTL shipments, or modifications or amendments of the above rates, or additional rates, may be established to meet changing market conditions, shipper requirements, BROKER requirements, and/or specific shipping schedules as mutually agreed upon, and shall be confirmed in writing (or by fax) by both Parties. Any such additional, modified, or amended rates, changes in rates shall automatically be incorporated herein by this reference.
C. RATES: Additionally, any rates, which may be verbally agreed upon, shall be deemed confirmed in writing where CARRIER has billed the agreed rate and BROKER has paid it. All written confirmations of rates, including confirmations by billing and payment, shall be incorporated herein by this reference. Rates or charges, including but not limited to stop-offs, detention, loading or unloading, fuel surcharges, or other accessorial charges, released rates or values, or tariff rules or circulars, shall only be valid when specifically agreed to in a signed writing by the Parties.D. PAYMENT:The Parties agree that BROKER is the sole party responsible for payment of CARRIER's charges. Failure of BROKER to collect payment from its customer shall not exonerate BROKER of its obligation to pay CARRIER. BROKER agrees to pay CARRIER's invoice within thjrty (30) business days of receipt of a legible copy of the bill of lading, and signed Rate Confirmation Sheet and any other documents pertaining to the load, provided CARRIER is not in default under the terms of this Agreement. CARRIER shall not seek payment fromShipper if Shipper can prove payment to BROKER.E. BOND: BROKER shall maintain a surety bond /trust fund as agreed to in the amount of at least $75,000.00and on file with the Federal Motor Carrier Safety Administration (FMCSA) in the form and amount not less thanthat required by that agency's regulations.F. BROKER will notify CARRIER immediately if it's federal 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.G. BROKER's responsibility is limited to arranging for, but not actually performing transportation of Shipper'sfreight.
3. CARRIER RESPONSIBILITIES:
A. EQUIPMENT: Subject to its representations and warranties in Paragraph 1 above, CARRIER agrees to provide the necessary equipment and qualified personnel for completion of the transportation services required for BROKER and/or its customers. CARRIER will not supply equipment that has been used to transport hazardous wastes, solid or liquid, regardless of whether they meet the definition in 40 C.F.R. §261.1 et. seq. CARRIER agrees that all shipments will be transported and delivered with reasonable dispatch, or as otherwise agreed in writing.B. BILLS OF LADING: CARRIER shall issue a bill of lading in compliance with 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become fully responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a bill of lading has been issued, and/or signed, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the bill of lading or delivery receipt .The forgoing sentence is not intended to waive the law related to concealed damages. Any terms of the bill of lading (including but not limited to payment terms) inconsistent with the term of this Agreement shall be controlled by the terms of this Agreement. Failure to issue a bill of lading, or sign a bill of lading acknowledging receipt of the cargo, by CARRIER, shall not affect the liability of CARRIER.C. LOSS & DAMAGE CLAIMS:(1) 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, or any applicable state regulatory agency, for processing all loss and damage claims.(2) CARRIER's liability for any cargo damage, loss, or theft from any cause shall be determined under applicable state law to the extent not preempted by federal transportation laws including and not limited to (49 UCSA 14706).(3) Special Damages: CARRIER's indemnification liability (Par 1.Н) for freight loss and damage claims under this Subp. C shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and which shall not be limited by any liability of CARRIER under Subp. (2) above.
(4) Except as provided in Par 1.E above, neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss and its approximate financial amount, and agreement to assume such responsibility in writing. Loss or damages arising out of delayed delivery, failed delivery,shall not constitute "consequential damages" hereunder.(5) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make settlement offer in writing on all cargo loss or damage claims within 30 days of receipt of the claim. Failure of CARRIER to pay, decline or offer settlement within this 30 day period shall be deemed admission by CARRIER of full liability for theamount claimed and a material breach of this Agreement.D. INSURANCE: CARRIER shall furnish BROKER with Certificate(s) of Insurance, or insurance policies providing thirty (30) days advance written notice of cancellation or termination, and unless otherwise agreed, subject to the following minimum limits: Public liability 1,000,000.00; motor vehicle (including hired and non-owned vehicles), $1,000,000.00 ($5,000,000.00 if transporting hazardous materials including environmental damages due to release or discharge of hazardous substances); cargo damage/loss, $100,000.00; workers' compensation with limits required by law. Except for the higher coverage limits which may be specified above, the insurance policies shall comply with minimum requirements of the Federal Motor Carrier Safety Administration and any other applicable regulatory state agency. Nothing in this Agreement shall be construed to avoid or limit CARRIERS liability due to any exclusion or deductible in any insurance policy.E. ASSIGNMENT OF RIGHTS: CARRIER automatically assigns to BROKER all its rights to collect freight charges from Shipper or any responsible third party on receipt of payment from BROKER.F. PAYROLL/TAX OBLIGATIONS: CARRIER assumes full responsibility and liability for payment of the following items: All applicable federal, state, and local payroll taxes, taxes for unemployment insurance, old age pensions, workers' compensation, social security, with respect to persons engaged in the performance of its transportation services hereunder. BROKER shall not be liable for any of the payroll-related tax obligations specified above and CARRIER shall indemnify, defend, and hold BROKER harmless from any claim or liability imposed or asserted against BROKER for any such obligations.
A. The Parties agree that when mileage is required to establish freight charges herein, the mileage schedule containedin the НOUSEНOLD GOODS CARRIER'S BUREAU/RAND McNALLEY'S MILE MAKER PC in effecton the date of shipment shall be used to calculate the correct mileage to be used in assessing the freight charges.B. INDEPENDENT CONTRACTOR: The relationship of the Parties to each other shall at all times be that of independent contractors. None of the terms of this Agreement, or any act or omission of either Party shall be construed for any purpose to express or imply a joint venture, partnership, principal/agent, fiduciary, or employer/employee relationship between the Parties. Each Party shall provide sole supervisions and shall have exclusive control over the actions and operations of its employees, and agents used to perform its services hereunder. Neither Party has any right to control, discipline or direct the performance of any employees, or agents of the other Party. Neither Party shall represent to any party that it is anything other than an independent contractor in its relationship to the other Party.C. NON-EXCLUSIVE AGREEMENT: CARRIER and BROKER acknowledge and agree that this contract does not bind the respective Parties to exclusive services to each other. Either party may enter into similar agreements with other carriers, brokers, or freight forwarders.D. WAIVER OF PROVISIONS: (1)Failure of either Party to enforce a breach or waiver of any provision or term of this Agreement shall not be deemed to constitute a waiver of any subsequent failure or breach, and shall not affect or limit the right of either Party to thereafter enforce such a term or provision.(2) This Agreement is for specified services pursuant to 49 U.S.C. §14101(b). To the extent that terms and conditions herein are inconsistent with Part (b), Subtitle IV, of Title 49 U.S.C. (ICC Termination Act of 1995), the Parties expressly waive any or all rights and remedies they may have under the Act.E. DISPUTES:(1) In the event of a dispute arising out of this Agreement, including but not limited to Federal or State statutory claims, the Party's recourse (except as provided below) shall be to arbitration or litigation as selected by BROKER. Arbitration proceedings shall be conducted under the rules of the American Arbitration Association (AAA) or the Transportation ADR Council, Inc. (ADR), upon agreement of the Parties, or if no agreement, then at BROKER's sole discretion. Arbitration or legal proceedings shall be started within eighteen (18) months from the date of delivery or scheduled date of delivery of the freight, whichever is later. Upon agreement of the Parties, arbitration proceedings may be conducted outside of the Administrative control of the AAA or ADR. The decision of the arbitrators shall be reasoned, and shall include findings of fact and conclusions of law, shall be binding and final, and the award of the arbitrator may be entered as judgment in any court of competent jurisdiction. The prevailing party shall be entitled to recovery of costs, expenses and reasonable attorney fees as well as those incurred in any action for injunctive relief, or in the event further legal action is taken to enforce the award of arbitrators.Arbitration proceedings shall be conducted at the offices of the AAA or ADR nearest Oklahoma City, Oklahoma or by teleconference or video conference if requested by BROKER, or such other place as mutually agreed upon in writing by the Parties. Either Party may apply to a court of competent jurisdiction for injunctive relief. Venue for any such action shall be in the state in which enforcement is sought. Unless preempted or controlled by federal transportation law and regulations, the laws of the State of Oklahoma shall be controlling notwithstanding applicable conflicts of laws rules. The arbitration provisions of this paragraph shall not apply to enforcement of the award of arbitration.(2) In the event litigation is selected, venue, controlling law, and jurisdiction in any legal proceedings shall be in the State of Oklahoma, Oklahoma County, and CARRIER waives any objections to such venue.(3) Disputes involving perishables are not subject to the terms of Subps. (b) and (c) above. Unless otherwise agreed by the parties, disputes involving perishables shall be subject to the rules and procedures of the DRC, Dispute Resolution Corp.F. BROKER'S ACCOUNTS: Except as otherwise agreed by BROKER: (1) During the term of this Agreement and upon termination for any reason, CARRIER agrees not to solicit freight, accept or provide transportation services (directly or indirectly) to any of BROKER's customers for a period of 18 months following termination of this Agreement. "BROKER's customers" for purposes of this Agreement shall mean any shipper, consignee or other party responsible for payment, for whom BROKER provided transportation services and was billed for those services; and(2) where shipper and/or consignee BROKER customers have multiple traffic lanes, the prohibition of this paragraph is intended to apply only to those traffic lanes, for which BROKER provided transportation services as described above. The prohibitions of this paragraph are intended to be effective regardless of whether BROKER's customers are treated as confidential for any reason. If CARRIER violates the terms of this paragraph, BROKER shall be entitled to collect/recover 10% of the gross compensation received by CARRIER from any and all such customers on all shipments that CARRIER transports for any such customer(s) during the term of this Agreement and/or the18 month period following the date of termination. In addition to the above remedy, BROKER may seek injunctive relief and CARRIER shall be liable for all costs and expenses incurred by BROKER, including, but not limited to, reasonable attorney's fees.
G. CONFIDENTIALITY:(1) In addition to Confidential Information protected by law, statutory or otherwise, the Parties agree that all of their financial information and that of their customers, including but not limited to freight and brokerage rates, amounts received for brokerage services, amounts of freight charges collected, freight volume requirements, as well as personal customer information, customer shipping or other logistics requirements shared or learned between the Parties and their customers, shall be treated as Confidential, and shall not be disclosed orused for any reason without prior written consent.(2) In the event of violation of this Confidentiality paragraph, the Parties and agree that the remedy at law, including monetary damages, may be inadequate and that the Parties shall be entitled, in addition to any other remedy they may have, to an injunction restraining the violating Party from further violation of this Agreement in which case the prevailing Party shall be liable for all costs and expenses incurred, including but not limited to reasonable attorney's fees.
H. MODIFICATION OF AGREEMENT: This Agreement may not be amended, except by mutual written agreement, or the procedures set forth above (Pars 2.B and 2.C).I. NOTICES:(1) All notices provided or required by this Agreement, shall be made in writing and delivered, return receipt requested, to the addresses shown herein with postage prepaid; or by confirmed (electronically acknowledged on paper) fax.(2) The Parties shall promptly notify each other of any claim that is asserted against either of them by anyone arising out of the Parties performance of this Agreement.(3) Notices sent as required hereunder, to the addresses shown in this Agreement shall be deemed sent to the correct address, unless the Parties are notified in writing of any changes in address.
J. CONTRACT TERM: The term of this Agreement shall be one (1) year from the date hereof and thereafter it shall automatically be renewed for successive one-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 ofthis 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.K. SEVERANCE: SURVIVAL: In the event any of the terms of this Agreement are determined to be invalid or unenforceable, no other terms shall be affected and the unaffected terms shall remain valid and enforceable as written. The representations, rights and obligations of the parties hereunder shall survive termination of this Agreement for any reason.L. COUNTERPARTS: This Agreement may be executed in any number of counterparts each of which shall be deemed to be a duplicate original hereof.M. FAX CONSENT: The Parties to this Agreement are authorized to fax to each other at the numbers shown herein (or otherwise modified in writing from time to time) shipment availabilities, equipment and rate promotions, or any advertisements of new servicesN. BROKERS Rate/ Load Confirmation addendum and Food Safety Compliance Agreement,(FSMA) addendum are incorporated herein by this reference. Any conflicts in those addenda with the terms of this Agreement shall be controlled by the terms of the addenda.O. ENTIRE AGREEMENT: Unless otherwise agreed in writing, this Agreement, Rate Confirmations, and Addenda contains the entire understanding of the Parties and supersedes all verbal or written prior agreements,arrangements, and understandings of the Parties relating to the subject matter stated herein. The Parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence may be introduced to reform this Agreement in any judicial or arbitration proceeding involving this Agreement.IN WITNESS WHEREOF, we have signed this Agreement (by hand or electronically) the date and year first shownabove.
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Signed by Sergei Li
Signed On: April 18, 2023
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Document Name: CARRIER AGREEMENT - AMERVETFIRST
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