BROKER is licensed as a Property Broker by the Federal Motor Carrier Safety Administration (FMCSA) or by appropriate State agencies, and as a licensed broker, arranges for freight transportation by utilizing railroads and actual motor carriers.
WHEREAS SHIPPER, to satisfy some of its transportation needs, desires to utilize the services of BROKER to arrange for transportation of SHIPPER’s freight.
NOW THEREFORE, intending to be legally bound, BROKER and SHIPPER agree as follows: AGREEMENT 1. TERM. Subject to paragraph 11, the term of this Agreement shall be
SERVICE. BROKER agrees to arrange for transportation of SHIPPER’s freight pursuant to the terms and conditions of this Agreement and in compliance in all material respects with all federal, state and local laws and regulations relating to the brokerage of the freight covered by this Agreement.
BROKER’s responsibility under this Agreement shall be limited to arranging for, but not actually performing, transportation of SHIPPER’s freight.
BROKER agrees to arrange for the transportation of said shipments, as well as any other shipments offered by SHIPPER.
Shipper is not restricted from tendering freight to other brokers, or directly to motor carriers.
BROKER is not restricted from arranging transportation for other parties.
SHIPPER shall be responsible to BROKER for timely and accurate delivery instructions and description of the cargo, including any special handling requirements, for any shipment.
SHIPPER shall solely be responsible for packaging, loading, unloading, of the shipment for safe transportation.
FREIGHT CARRIAGE. BROKER warrants that it has entered into, or will enter into, bilateral contracts with each motor carrier it utilizes in the performance of this Agreement.
BROKER further warrants that those contracts comply with all applicable federal and state regulations and shall include the following provisions: A. Carrier shall agree to defend, indemnify and hold BROKER and SHIPPER harmless from all damages, claims or losses arising out of its performance of the Agreement, including load loss and damage, theft, delay, damage to property, and personal injury or death.
Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability. For shipments outside of the United States the terms in Foreign Shipments Appendix D of this Agreement shall apply. C. Carrier shall agree to maintain at all times during the term of the contract, insurance coverage with limits not less than the following: General Liability/Property Damage - $1,000,000 Auto Liability - $1,000,000 Cargo Liability - $100,000 Worker’s Compensation
As required by law BROKER shall verify that each carrier it utilizes in the performance of this Agreement has insurance coverage as defined above.
BROKER to Quote SHIPPER for services provided by the Carrier. BROKER shall further agree that Shipper is the sole party responsible for payment of its Freight and Carrier will seek payment from the shipper, at the time of delivery as CASH/CERTIFIED FUND. Failure of shipper paying to broker or carrier gives the right to Carrier to Impound the Shipment Until payment is released by the Shipper. All the further disputes & claims will be resolved in the Court of Massachusetts, where FDS has its Dispatch Centre
SHIPPER shall defend, indemnify and hold BROKER harmless from any penalties or liability of any kind, including reasonable attorney fees, arising out of SHIPPER’s failure to comply with applicable terms of laws and regulations. DEFAULT. Both parties will discuss any perceived deficiency in performance and will promptly endeavor to resolve all disputes in good faith. However, if either party materially fails to perform its duties under this Agreement, SHIPPER shall be responsible to pay BROKER for any services performed prior to the Dispute of this Agreement
PAYMENT PROCEDURE: SHIPPER shall pay BROKER AS TERMS AGREED IN WRITING BEFORE THE SHIPMENT IS DISPATCHE. SHIPPER shall pay CARRIER AS TERMS AGREED IN WRITING BEFORE THE SHIPMENT IS DELIVERED. CARRIER agrees that it always shall be responsible for collecting on C.O.D. deliveries.
REIMBURSEMENT BY OFFSET: In the event of any damage to vehicles while under its direction, possession, or control, CARRIER agrees to reimburse SHIPPER for all such damage claims paid by SHIPPER no later than thirty (30) days after notification from SHIPPER of such damage claims. CARRIER agrees that BROKER may withhold settlement amounts otherwise due CARRIER until such reimbursement is made, and if not made within thirty (30) days of notification, then BROKER may, in the sole exercise of its discretion, withhold and offset the amount of the damage claims from CARRIER’S settlement before paying the balance to CARRIER.
CARRIER’S RIGHTS AND DUTIES: On each shipment, CARRIER shall issue a standard Bill of Lading and the traffic shall move under the terms and conditions of this Bill of Lading. Where there is a conflict between the Bill of Lading and this contract, the provisions of this contract shall prevail. CARRIER shall be liable for all loss, damage, or liability occasioned by the transportation of property for which BROKER has arranged while such property is under the care, custody, or control of CARRIER.
Exception For Uncontrollable Force: Neither party hereto will be liable for the failure to tender or timely transport freight under this agreement if such failure, delay, or other omission is caused by strikes, acts of God, war, accidents, civil disorder, or through compliance with legally constituted order of civil or military authorities.
COUNTERPARTS: This agreement is considered as accepted by shipper & carrier while using the services of fdsdispatch.com from the time of Booking of shipment
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