Broker Carrier Transportation Agreement
ONLINE LOGISTICS, A licensed Transportation Broker in Interstate and Interstate Commerce,
("Broker"), and______________________________________________ , a licensed Contract Carrier,
("Carrier"), in consideration of the mutual promises herein contained and Commencing on
____/_____/_____ ("Effective"), Agree.
SERVICES, Carrier shall provide Transportation Services as an Independent Contractor as
requested
by broker. Broker and Carrier agree to a Minimum of one (1) shipment per year under this Agreement.
Services shall be performed in Compliance with all applicable State and Federal Laws and Regulations.
CHARGES, Charges for Services shall be determined on a load by load basis, and Carrier represents
and Warrants that there are no other Rates, Charges Tariffs of Classifications applicable to Shipment or
related Services under this Agreement. Carrier agrees not to Bill or Accept Payment
from Shipper or
Consignee of Third Party for Services rendered hereunder.
PAYMENT, Broker shall pay for Services within (30) Days of receipt of an Original Shipping Document
signed by the Consignee showing completion of Shipment. Broker may with hold payment to satisfy
claims for loss of damaged property or shortages, or advances to or payments made on behalf of
Carriers, for the shipment being settled for any shipment under this Agreement.
BILL OF LADING, Shipments are by this Agreement. If the Terms of the Bill of Lading
issued on a
Shipment moving hereunder conflict with the provisions of this Agreement, then this
Agreement Shall
control. All references to rates, charges of governing tariffs of classifications in a Bill of Lading on a
shipment moving hereunder are ineffective.
INSURANCE, Carrier shall Maintain at its own expense Commercial liability and automobile liability
insurance with a minimum liability limit of $1,000,000 per occurrence for personal injury and property
damage, and providing for a deductible no greater than $1,000 and cargo liability
insurance with a
minimum limit of $100,000 per shipment providing for deductible no greater than $1,000.
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 deliver to Broker a Certificate naming Broker
as an Additional insured under the aforementioned coverage prior to providing any services under this
Agreement. Carrier further agrees to maintain Workers Compensation Coverage on its Employees as
required by law. Should Carriers aforementioned policies be canceled, Carrier agrees to
inform Broker
in writing immediately. Carrier agrees to maintain above insurance with an admitted
insurance carrier
that has a quality financial rating of "B" or better.
IDEMNIFICATION, DUTY TO DEFEND AND HOLD HARMLESS, Carrier agrees to defend
indemnity and hold harmless Broker from and against any and all fines, penalties, claims costs, and
expenses, including the cost of litigation and attorney fees, for regulatory violation
property damage,
cargo loss, death or injury to a person arising out of or in any way connected with
Carriers
performance of Breach of this Agreement. Carriers duties under this paragraph shall survive
termination of this Agreement.
TERMS, either party may terminate this Agreement at will upon (30) days prior written notice. If either
Party materially breaches Agreement, files Bankruptcy, is adjudicated Bankrupt, makes
an assignment
for the benefit of creditors, is insolvent, has a receiver appointed of sell all of
substantially all of its
assets, the other party may terminate this agreement at any time.
Broker Carrier Transportation Agreement
TECHNICAL TERMS, Successors and assigns of the parties shall be bound by this
Agreement. Carrier
may not assign any or all of this Agreement with out Brokers consent. This Agreement shall
be construed
and enforced under Washington Law. Venue for any Suit arising out of this Agreement shall
be proper on
Clark County, Washington.
NO BACK SOLICITATION, Carrier shall not solicit traffic from any shipper,
consignor, consignee,
Customer of Broker, including but not limited to all where (1) the availability of such
traffic first became
known to Carrier as a result of Brokers efforts, of (2) where the traffic of the shipper
consignor, consignee,
or to Customer of Broker was first tendered to the Carrier by the Broker. If Carrier
breaches this
Agreement and " Back-Solicits" the Brokers Customers and obtains traffic from
such customer of
customers then Carrier shall be obligated to pay Broker a commission equal to twenty
percent (20%) of
the gross transportation revenue received by Carrier from the movement of said traffic
Carriers obligation
to pay said obligation shall last for a period of twelve (12) months following the month
in which Carrier first
moved traffic for said Customer not Brokered by ONLINE LOGISTICS . Carrier agrees that
delivery of a
copy of this Agreement shall constitute a valid assignment of the percentage of Carriers
gross payment
received from Customer as stated above. This Agreement Shall serve as a directive
authorizing Customer
today said commission directly to Broker.
The Undersigned represent and warrant that they are authorized to enter this Agreement
on behalf of
their respective organizations.
ONLINE LOGISTICS ___________________________ CARRIER______________________________
DATE_____________________________________ NAME
______________________________