Carrier warrants that at time of signing, its DOT Rating was SATISFACTORY, CONDITIONAL OR UNRATED.
Carrier will notify Intermediary 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 is threated to be terminated, cancelled, suspended, or revoked; and/or the DOT rating is reclassified as UNSATISFATORY.
Carrier will not re-broker, assign or interline the shipments hereunder without prior written consent of the Intermediary. If Carrier breaches this provision, Intermediary shall have the right of paying monies it owes Carrier directly to delivering carrier, in lieu of payment to Carrier. Upon Intermediary’s payment to delivering carrier, Carrier shall not be released from any liability to Intermediary under this agreement.
All shipping documents will be picked up at origin and completed upon delivery. The Carrier shall provide all original (or scanned) Bills of Lading, delivery receipts, lumper receipts, donation receipts, (Where Carrier has been directed to donated damaged product in lieu of cargo claim) and load manifests (“Shipping Documents), along with Carrier’s Freight bill to intermediary within ten (10) days of final delivery of loads. Carrier will not be paid for ashipment, except for advances authorized by the Intermediary until all Shipping Documents are returned completed and in a satisfactory manner to Intermediary.
Carrier shall be responsible for securing and paying for all licenses, permits, fees, charges, taxes, costs and expenses related to shipments and their transportation.
TRANSPORTATION
Carrier shall ensure that each shipment is properly loaded, and that product temperature is maintained throughout transportation, in accordance to Intermediary’s written instruction. Carrier’s acceptance of shipment or its signature on The Bill of Lading or Load Manifest signifies that the documents are correct, and that the shipment is in apparent good order.
Carrier shall not co-mingle commodities with any hazardous materials, poison or garbage and agrees not to supply trailers that have been used to transport hazardous materials, poisons or garbage.
Carrier agrees to supply trailers that are free of holes, protruding metal and able to properly maintain desired temperatures. Trailers will be kept clean and odor-free. Intermediary reserves the right to demand the trailer be cleaned prior to loading. All expense for cleaning will be the responsibility of the Carrier.
All rates and charges for traffic moved under this Agreement shall be agreed upon between the parties on a shipment-by-shipment basis. Upon request, a written rate confirmation will be supplied to the Carrier for each load.
All shipments made under this Agreement shall be transported under the Carrier’s Federal Operating Authority.
Each party hereto agrees that it will be acting as an independent contractor, and that nothing contained herein shall be deemed to give rise to an employer/employee relationship with the other party. Each party understand and agrees it will not be entitled to participate in or to receive any benefit or right under any of the other party’s employee benefit or welfare plans, including, without limitation insurance, pension savings and stock bonus plans.
It is further agreed that no driver or person employed by or contracted for, in connection with the transportation of shipments under this Agreement is an employee or agent for the Intermediary. All such persons are subject solely to the direction control and supervision of the Carrier.
The Carrier agrees that no driver it furnishes to Intermediary to move freight for or on behalf of Intermediary, shall have been convicted of a felony or misdemeanour for the past five (5) years.
The Carrier or his agent certifies that any transportation refrigeration unit (TRU) furnished will be in compliance with the in-use requirement of the California Air Resource Board (CARB) and agrees to hold the Intermediary harmless in the event CARB imposes a fine on the Carrier for operating a non-compliant vehicle or TRU.
By signing this agreement, the carrier warrants that all drivers supplied to DT Lines, LLC have been trained in accordance with the FDA Sanitary Transportation of Human and Animal Food Rule, and that records of training are retained on File by the carrier
CARGO CLAIMS AND INSURANCE
Carrier’s liability for any cargo damage, loss or theft for any cause shall be determined under 49 U.S.C.§14796, the Carmack Amendment.
Carriers shall comply with 49 C.F.R §370.1 et seq and any amendments and/or any other application regulations adopted by FMCSA, US DOT or any applicable state regulatory agency for processing all loss and damage claims, as well as salvage.
Upon receipt of Bills of Lading or Proofs of Delivery that indicated loss or damage, the Intermediary will conduct a prompt investigation with the shipper and determine the actual measure of damage. The Intermediary will offset that amount from the final settlement of the load and use those monies to pay the lawful owner of the goods when presented with a valid, written cargo claim. If the lawful owner has not presented a claim within nine (9) months of the date of delivery, Intermediary will return the monies to the carrier. Carrier may request a copy of the paid formal claim from the lawful owner. In the event of a large dollar claim, the Intermediary, at its discretion, may offer the Carrier an interest-free repayment plan as a means of reimbursement. In addition, the Carrier will be responsible for any advances, or other expenses incurred by Intermediary on Carrier’s behalf.
Carrier agrees to allow Intermediary to dispose of salvage on their behalf and agrees to surrender any rejected shipments to a location specified by Intermediary
Carrier will furnish Intermediary with current Accord Certificate of Insurance and agrees that Intermediary may contact Carrier’s Insurance Agent to verify that insurance is current and meets Intermediary’s unique needs.
The minimum limits of the Carrier’s Cargo policy, with no exclusions, except as agreed by Intermediary, will be One Hundred Thousand ($100,000) dollars per shipment vehicle operated to compensate Intermediary and its customers for any and all theft, loss, or loss for delay or damage to property transported by Carrier. The Intermediary agrees to accept the limit of the policy as the Carrier’s maximum liability.
The minimum limits for public liability and property is One Million ($1,000,000) dollars.
The Intermediary will only accept insurance from underwriters that are A M Best Rated A or better.
The Intermediary reserves the right not to accept a carrier’s underwriter without prejudice.
The Carrier accept exclusive responsibilities to assure that adequate Worker’s Compensation coverage is in place for such employees and other persons as required by law.
