CONTRACT CARRIER – FREIGHT FORWARDER / BROKER
DATE: January 18, 2025
GENERAL COMMODITIES CONTRACT
I. IDENTIFICATION OF PARTIES
AGREEMENT
Made this date, January 18, 2025, by and between Hereinafter referred to as Carrier, and
EIS Logistics Inc. MC323718BHereinafter referred to as Forwarder.
Witnesseth1. CARRIER is a registered motor carrier of property authorized by Permit No. MC (a copy of which permit is attached hereto and made a part hereof) to provide transportation of
2.property under a contract with shippers and receivers of general commodities, and
3. FORWARDER is a registered Freight Forwarder / Broker of General Commodities pursuant to 49 U.Z.C. 13903, authorized by Permit No MC323718B copies of which are attached hereto and made a part hereof to engage in operations as a freight forwarder / broker connection with the transportation of general commodities, except household goods, between points in the United States.
FORWARDER is authorized by 49 U.S.C. 14101 (b) I to enter into contracts with motor contract carriers. This contract relates solely to the movement of general commodities.
NOW THEREFORE, in consideration of the representation made herein, the parties agree as follows:
II. TERMS AND JURISDICTION OF THE AGREEMENT
This AGREEMENT shall be governed by Title 49 of the United States Code and Part 49 of the Code of Federal Regulations.
This AGREEMENT is to become effective January 18, 2025 and shall remain in effect for a period of one year from such date, and from year to year thereafter, subject to the right of either party hereto to cancel or terminate the AGREEMENT at any time upon not less than thirty (30) days written notice of on party to the other. FORWARDER has kept a signed copy of this agreement, where it is available for inspection and verification by the signatories, by their designated agents by their designated legal representative, and/or any other party or parties holding forth legitimate claim of interest in the terms of this agreement.
III. SPECIFIC CONDITIONS
Liability of CARRIER
(a) The CARRIER shall issue an original bill of lading for property in received for transportation as defined in 49 U.S.C. 13102 (19) and the services related to that movement under this contract and shall be liable to the person entitled to recover under the bill of lading. The liability imposed by this paragraph is for the actual loss or injury to the property. Failure to issue a bill of lading does not affect the liability of the CARRIER. The CARRIER’s liability shall be the same as a carrier’s liability under 49 U.S.C. 14706. These goods do not move under any limitation of liability or any released rates permitted by 49 U.S.C. 14706 (c) (1) (A), which would otherwise permit rates under which the liability of the carrier could be limited.(b) CARRIER agrees to maintain cargo insurance in the amount of $100,000.00 to compensate those parties entitled to recover under the preceding paragraph. CARRIER shall cause its insurance carrier to forward forthwith to FORWARDER a standard Certificate of Insurance which Certificate shall require the insurance carrier to give FORWARDER written notice thirty (30) days prior to the cancellation of such cargo insurance.(c) CARRIER’s liability shall begin at the time cargo is loaded upon CARRIER’s equipment at point of origin, and continue until said cargo is delivered to the designated consignee at destination, or to any intermediate stop off party as designated by FORWARDER and includes the non-transportation services described in 49 U.S.C. 13102 (19).(d) CARRIER agrees to defend and hold harmless FORWARDER against any and all loss or damage claims on each shipment transported by CARRIER pursuant to this AGREEMENT. This indemnification shall include payment of legal fees necessitated by FORWARDER’s defense against such claims. CARRIER further agrees to defend and hold harmless FORWARDER from any and all liability costs and damages to persons and / or property arising out of CARRIER’s operations hereunder, including but not limited to all road, fuel and other taxes, fees or permits, related to the shipments transported by CARRIER as arranged by FORWARDER. This indemnification shall include payment of legal fees necessitated by FORWARDER defense against such claims.
IV. SPECIFIED RATES
(a) FORWARDER shall offer to CARRIER for shipment a minimum quantity of 1,000 pounds per year on a minimum of 1 shipment for each year this agreement remains in effect and the CARRIER agrees to transport those shipments tendered during that period of time.(b) FORWARDER agrees to pay CARRIER for the transportation of the commodities moved under this agreement in accordance with the rates set forth herein Addenda thereto, within 30 days of the receipt by FORWARDER of CARRIER’s invoice and original B/L covering such transportation.
V. SPECIFIED RATES AND CHARGES
(a) The basic transportation rates negotiated between the parties are:
(1) Freight, all kinds: truckload shipment $ Flat Rate between all points in the United States.(2) Freight, all kinds: less than truckload shipment. (Less than 5,000 pounds) $ Flat Rate, between all points in the United States.
(b) The parties agree that the fixed rate may be amended, based on the market conditions then prevailing. The methodology for amending the fixed rate will be as follows. After a rate is agreed to by the parties, one party shall fax to the other party a Rate Confirmation Sheet, which document will identify the shipment by DATE OF TENDER, ORIGIN, COMMODITY, ESTIMATED WEIGHT, AGREED RATE. These rate confirmation sheets shall be a reference to the agreement for identification. Because of storage difficulties, the rate confirmation sheet need not be attached to the original agreement, but it may be kept with the shipping papers that are retained as to the individual shipment. The same requirements of retention and availability to inspection that apply to the written agreement shall apply to the Rate Confirmation Sheet. If the FORWARDER disputes the accuracy of the amended fixed rate, the FORWARDER shall within 24 hours of receipt of it notify the CARRIER, and a disputed rate shall not become and amended rate until the parties agree to it.
VI. BILLS OF LADING
(1) The FORWARDER shall issue a receipt or a bill of lading for property it forwards, and shall be liable to the person entitled to recover under the recipient or bill of lading. If the consignor has prepared a uniform standard bill of lading in accordance with 49 U.S.C. 81 ct, seq. the Carrier, when picking up the shipment, shall sign the bill of lading as the agent of the FORWARDER, and the FORWARDER shall be shown on the bill of lading as the CARRIER.(2) The CARRIER shall simultaneously issue a bill of lading identifying the FORWARDER as the consignor and consignee of the shipment. The FORWARDER of the CARRIER may prepare such bill of lading, and a signed copy of it and the FORWARDER’s bill of lading shall be returned to the FORWARDER, as proof of delivery. Receipt of the signed motor carrier bill of lading is a prerequisite to the payment by the FORWARDER to the CARRIER.
VII. COMPLIANCE WITH 49 U.S.C. 14101
Except as otherwise specifically stated herein the parties do not waive any rights or remedies permitted under Chapter 141 of the Title 49 of the United States Code.
VIII. SPECIFIED SERVICES
The FORWARDER need the carrier to assume full liability for the actual loss of or injury to the property tendered to the CARRIER to negate a possibility of the CARRIER moving these goods on released rates with a limitation of liability, and Paragraph III. (d) Specifically imposes this obligation on the CARRIER that claims shall be settled in accordance with 49 C.F.R. 1005 as that regulation existed on December 30, 1995 and extends the time for the filing of claims and subsequent suits, and this is also designed to meet the distinct needs of the FORWARDER. Further, the FORWARDER needs a single forum for the settlement of disputes and Paragraph IX.(b) (Below) meets this distinct need of the FORWARDER. FORWARDER needs guarantees as to transit time and Paragraph X. fulfills this need.
IX. PROVISIONS AS TO THE SETTLEMENT OF CARGO CLAIMS AND OTHER DISPUTES
(a) Cargo claims shall be investigated and settled in accordance with the regulations codified at 49 C.F.R. 1005 as that regulation existed as of December 30, 1995. As a condition precedent to recovery, claims must be filed in writing with the receiving or delivering carrier, or carrier issuing this bill of lading, or carrier on whose line the loss, damage, injury or delay occurred, or carrier in possession of the property when the loss, damage, injury or delay occurred., within one year after delivery of the property; or, in the case of failure to make delivery, then within one year after a reasonable timer for delivery was elapsed; and suits shall be instituted against any carrier within two years, three months and one day from the day when notice in writing is given by the carrier to the claimant that the carrier has denied the total claim. Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, no carrier hereunder shall be liable and such claims shall not be paid.(b) If any dispute arises about any matter covered by the terms of this Motor Contract Carrier Agreement, the dispute must be submitted by the party who alleges a violation filing a complaint with the Surface Transportation Board or other administrative agency with jurisdiction to hear disputes. The complaint shall contain specific references to pertinent statutory provisions and regulations of the Federal Highway Administration and the terms of this contract that the complainant believes have been violated. Such a complaint shall be submitted in accordance with all the provisions of 49 C.F.R. IIII. No court action can be taken be either party prior to the decision of the Board or other agency, and the decision of the Board or other agency refuses to accept the complaint or make a ruling on the subject matter of the complaint, then the parties recourse shall be to the judicial system wither state or federal, in the federal district or state and county in which the FORWARDER is located.
X. TRANSIT TIME
The FORWARDER and the CARRIER may make arrangements on each shipment as to required transit time. Such agreements may make the transit time obligation less or more than “reasonable dispatch”. In the absence of an agreement between the parties, the following transit time schedule shall apply.(1) On shipments moving less than 500 miles, next day delivery.(2) On shipments moving more than 500, one day more for every increase of 500 miles, or part thereof. (To illustrate: on a shipment moving 2900 miles, delivery shall be made in six (6) days.)
XI. INDEPENDENT CONTRACTOR STATUS
The relationship of the CARRIER to the FORWARDER shall, at all times, shall be that of an independent contractor. In regards to the Independent Contractor status, each Independent Contractor must submit certificates of workers compensation.
XII. NO BACK – SOLICITATION BY CARRIER
CARRIER shall no solicit traffic from any shipper, consignor, consignee or customer of FORWARDER where:(1) The availability of such traffic first became known to CARRIER as a result of FORWARDER’s efforts, or(2) Where the traffic of the shipper, consignor, consignee, or customer of the FORWARDER was first tendered was first tendered to the CARRIER by the FORWARDER.If CARRIER breaches this agreement and “back solicits” the FORWARDER then is entitled for a period of 15 months after the involved traffic first begins to move, to a commission from the CARRIER of 15% of the transportation revenue received on the movement of the traffic as liquidated damages.
XIII. FORCE MAJEURE EXEMPTIONS
Neither party hereto will be liable for on 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.
IN WITNESS OF WHEREOF:
The parties have set their hands and seal this on January 18, 2025.
Leave this empty:
Your legal name
Your email address
Signed by Rusty Morrison Signed On: November 17, 2024
Click on "Agree & Sign" to legally sign this document and agree to the WP E-Signature Terms of Use. If you have questions about the contents of this document, you can email the document owner.
Document Name: CONTRACT CARRIER – FREIGHT FORWARDER / BROKER
Click on "Agree & Sign" to legally sign this document and agree to the WP E-Signature Terms of Use.
Agree & Sign
