Agreement for Dispatch Services CORLEON LOGISTICS
1. RECITALS
This agreement made as of this _____day of (month)______________, 20____, by and between Corleon Logistics LLC. hereinafter referred to as Corleon Logistics and ___________________________________ (Contact Name) of __________________________________ (Company Name), hereinafter referred to as Carrier.
Whereas, Carrier is a MOTOR CONTRACT CARRIER, desiring to retain Corleon Logistics to provide
dispatch services.
Whereas, Corleon Logistics is a transportation dispatcher handling the necessary paperwork
between shippers and the Client.
The Client must prior to the implementation of this agreement furnish to Corleon Logistics the following:
1. A Copy of Client’s MC Authority 2. Carrier Packet
3. Copy Of CDL Each Driver Being Dispatched
4. Proof of Insurance Certificates* You Must Have At least $1,000, 000 in Liability and $100,000 in Cargo coverage.
5. A signed W-9.
6. This Agreement form completed, dated, and signed. 7. Company Profile Completed.
8. Factoring Companies Name, Address, & Contact Number
CARRIER/DRIVER PREFERENCE
Please Complete The Questionnaire To Help Our Dispatchers Provide Loads That Best Suits YOU!!
1. How Much Do You Need Per Mile? ___________________________________ 2. States That Are Non-Preferable? ______________________________________ 3. Home City? _______________________________________________________ 4. Regional Or OTR? _________________________________________________ 5. Dimensions Of Trailer? (If You Have One) ______________________________
2. STATEMENT OF WORK
Corleon Logistics LLC will:
1. Book loads on the Client’s behalf.
2. Find freight that best matches profile for the Client.
3. Upon the Client agreeing to the load, Corleon Logistics will email to shipper / broker the Clients, Authority, W-9, proof of insurance, and order insurance certificates if required, along with any other required supporting documentation.
5. Prepare directions to shipper/consignee, if necessary.
6. Assist with any problems that arise in the transit of the load when necessary, within
our capabilities. Client is responsible for their own equipment. All load information is available to the Carrier at all times, Corleon Logistics will hold on to the dispatch, accessorial information, etc. until the load is completed.
7. Upon forwarding the final load confirmation, and emailing all documentation to the Client, the services of Corleon Logistics have been fully performed.
A. Obligations of Dispatcher
1. Dispatcher agrees to handle paperwork, phone, and fax to and from the Broker or Shipper to tender commodities or shipments to Client for transportation in interstate commerce by Client between points and places within the scope of Client’s operating authority. 2. Dispatcher bears no financial or legal responsibility in the transaction between the
Shipper, Client agreement. 3. Dispatcher will:
1. Make a 100% effort to keep Carriers truck(s) loaded.
2. Carrier will be contacted about every load we find offer, and the driver will Accept or Reject the load. Carrier cannot cancel once the load is booked.
3. Invoice the Carrier at time of service, also provide a copy of each load Confirmation Sheet, Carrier is being billed for.
B. Obligations of Carrier and driver
1. Carrier gives Corleon Logistics power of attorney and authority to provide his/her signature for rate confirmation sheets, invoices and associated paperwork necessary for securing cargo and billing purposes.
2. Carrier agrees to collect payment from the Shipper promptly, following receipt of a freight bill and proof of delivery of each shipment to its assigned destination, free of damage or shortage. The amount to be paid by Shipper to Client shall be established between the parties on a per shipment basis prior to commencement of each individual shipment. A load confirmation including details of shipment and revenue to be paid will be supplied via FAX or EMAIL by Shipper to Carrier. Confirmation will be signed by Corleon Logistics and returned via FAX or EMAIL to Shipper.
3. In the event of a breakdown, Carrier is responsible for contacting roadside. We recommend signing up with a roadside company and issuing that contact info to your driver. Carrier is responsible for payment of any needed repairs.
4. Carrier nor driver is allowed to cancel once a load is booked. 5. Carrier is responsible for obtaining all permits.
3. CONSIDERATION
Corleon Logistics will invoice the Carrier 10% Per Load as per the terms of the agreement via Email. Payment can be made by Bank Transfers Or Factoring. Once the payment is processed the Carrier will be sent a confirmation receipt via email. After (2) Days Of Non Payment A $50 Late Fee Will Be Applied At (5) Days $75 Fee. After (7) Days Past Due Account Will Be Suspended. The Account Must Be Paid Current & Subjected To A $100 Reinstatement Fee Prior To Being Reactivated.
4. ADDITIONAL PROVISIONS
Once a load has been set up for the Carrier and all information given, it will be the responsibility of the Carrier to handle directly with the shipping party any problems, issues, delays, overages, shortages, damages, or billing and collections issues, unless, you have made arrangements for additional services from Corleon Logistics.
In no event will Corleon Logistics be liable for any incidental, consequential, or indirect damages for the loss of profits, or business interruption arising out of the use of the service.
A. TERMINATION
We Do Not Offer Contract Term. Client may terminate this agreement within 30 days without penalty. CORLEON LOGISTICS May terminate this agreement at any time without notice.
5. DISCLAIMER
CORLEON LOGISTICS is NOT responsible for:
1. Billing Issues 2. Load problems
3. Advances (All advances will have to be handled directly between Carrier and Shipper / Broker)
4. Handling and storage of paperwork (All documents will be sent to Carrier unless other arrangements are made) 5. DOT compliance issues.
6. SPIKE lNSURANCE
6. GOVERNING LAW
This agreement shall be governed by and construed in accordance with laws of the State of Michigan without giving effect to any choice of law or conflict of laws provision or rule (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any
jurisdiction other than those of the State of Michigan.
7. JURISDICTIONS AND VENUES
CORLEON LOGISTICS and the Client hereby consent to and agree to submit to the jurisdiction of the Federal and state courts located in Lansing, MI in connection with any claims or controversies arising out of the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as the date written.
Company Name: ____________________________
Signature Of MC: ____________________________
Date: ______________________________________
POWER OF ATTORNEY
I, ______________________________________________, the undersigned, of
______________________________________________ do hereby grant to
Corleon Logistics as my attorney-in-fact, to receive on my behalf information from
Direct Shippers and Property Brokers, and to sign freight rate confirmations on
my behalf pertaining to such information:
This power of attorney will expire in twelve months from the date signed.
____________________________________________ Signature of Motor Carrier
____________________________________________ Address of Motor Carrier
____________________________________________
____________________________________________ MC# of Motor Carrier
The affiant being duly sworn affirms and says that he or she is the signer(s) of the
foregoing power of attorney, and that he or she has read the foregoing power of
attorney and understands its contents.
Motor Carrier Name: ____________________________________________
Authorized Party: ____________________________________________
Signature: __________________________________________
CARRIER PROFILE
Instructions:
Please complete this form giving us all the information that pertains to you and your company. The better informed we are, the better we will be able to assist you. This form can be updated at any time by notifying us. This information is for our use only and will not be released to any third party without your express written permission.General
Company Name
Mailing Address
City, St Zip
Remit Payment To
Contact
Main Phone
Miscellaneous
EIN #:
Motor Carrier #:
US DOT:
Information
Vans
Refrigerated Vans
Flatbeds
Stepdecks
Dropdecks
Trailers
Containers
Do You Have The Following :
GPS App Fuel Cards Life Gate Straps
INSURANCE INFORMATION
Please Note: We Do Require Our Carriers To Maintain A Minimum Of $1 Million In Liability And $100,000 In Cargo Insurance INSURANCE COMPANY: _________________________________ CONTACT: ______________________________________________ PHONE: _________________________________________________ EMAIL: __________________________________________________ ADDRESS: _______________________________________________
CITY: _______________ STATE: ___________________ ZIP: _____________
FACTORING INFORMATION
Please: If You Are Using A Factoring Service, Provide Us The Following Information. This Will Ensure We
Only Use Brokers Approved By Your Factoring Company.
FACTORING COMPANY: ___________________________________ CONTACT: ________________________________________________ PHONE: ___________________________________________________ BILLING ADDRESS: ________________________________________ CITY:______________ STATE: ____________ ZIP: _______________
Non-Competition Agreement
_____________________________________CARRIER and DISPATCHER agree that DISPATCHER, at great expense, has developed a broad customer base of shippers, receivers, and brokers that is essential to the successful operations of Their company. CARRIER and DISPATCHER agree that disclosure of the identity of one or more of the companies said customers to CARRIER constitutes valuable consideration. During the term of this AGREEMENT and for a period of two years from its termination, CARRIER shall not, directly or indirectly, solicit or do business involving transportation or of a warehousing nature with any the companies customers who are serviced by CARRIER as a result of this AGREEMENT unless otherwise agreed by the parties in writing.
Carrier acknowledges that the customer information being provided by DISPATCHER is the sole and exclusive property of DISPATCHER and that neither it, nor any employee, agent, or subcontractor shall back-solicit, directly or indirectly, communicate or perform any service for compensations for any account of
DISPACTCHER which has previously tendered to CARRIER for transportation, nor shall it pass on or reveal any customer information obtained to any other person or company.
Solicitation prohibited under this AGREEMENT means participation in any conduct, whether direct or indirect, the purpose of which involves transportation and/or handling of property by CARRIER for which CARRIER does, or did in the past, provide such service for that customer under arrangements first made or procured by DISPATCHER. Solicitation includes conduct initiated or induced by CARRIER, or accepted by CARRIER, upon inducement by DISPATCHER efforts.
If CARRIER should perform services of a transportation or warehousing nature for compensation for any DISPATCHER customer without prior documented authorization from DISPATCHER during the applicable time period in violation of this AGREEMENT, CARRIER shall pay to DISPATCHER within ten (10) days of each such violation an amount equal to (10%) of all revenues invoiced by CARRIER to the solicited customer. CARRIER agrees that it will function under terms of this agreement strictly as duly permitted contract carrier, and hereby waves any and all rate provisions, which may be contained in its published carrier tariffs.
This agreement shall be deemed to be effective on the first date that CARRIER, DISPATCHER, and SHIPPER ALSO DIRECT BROKERS commence business together, and the parties hereby agree that the provisions herein properly express and memorialize the complete understanding as contained in any prior agreement either written or verbal.
The parties hereby acknowledge that they are bound by obligations set forth in this document by affixing their signature below.
Company Name: __________________________________________________ Signature Of Representative: _________________________________________ Print Representative Name/Title: ______________________________________ Motor Carrier Number: ______________________________________________ Date: _____________________________________________________________
