FREIGHT TERMS OF SERVICE
This Broker–Shipper Agreement (“Agreement”) is made as of day of the order, and shall govern the services provided by MT OLIVE AUTO TRANSPORT LLC, hereinafter referred to as “BROKER,” and SHIPPER,
WITNESSETH
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Broker Authority
BROKER is a licensed broker of property authorized by the Federal Motor Carrier Safety Administration (“FMCSA”), operating under Docket No. MC#89327. A copy of BROKER’s license and surety bond is attached hereto and incorporated herein by reference. -
Shippers Intent
SHIPPER desires to enter into a contractual relationship with BROKER for the arrangement of transportation services.
NOW, THEREFORE, the parties agree as follows:
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Services
SHIPPER agrees to tender shipments, and BROKER agrees to arrange transportation with a carrier between such points and in such quantities of authorized commodities as SHIPPER may require.. -
Payment Terms
SHIPPER agrees to pay BROKER for the transportation of authorized commodities under this Agreement in accordance with BROKER’s effective rate schedules of SHIPPER’s receipt of BROKER’s invoice and applicable proof of documents, unless a different payment period is agreed to in writing by the parties and set forth in an addendum to this Agreement -
Rates
The basic transportation rate negotiated between the parties shall be for freight, all kinds, all shipments. Rates shall be determined, placed in writing, and agreed to by both parties by signature on BROKER’s load rate confirmation document. Rates shall be renegotiated for each load tendered. -
Rate Modifications
Additional rates or modifications may be established verbally to meet specific shipping requirements, as mutually agreed. Any such changes shall be documented by the initiating party via email or facsimile and acknowledged by the other party in writing. These changes shall be separately numbered and attached as appendices or addenda. -
Regulatory Compliance
All FMCSA rules governing claims, public liability, property damage, and cargo insurance applicable to motor carriers shall apply to shipments transported under this Agreement. -
Claims Handling
All claims for cargo loss or damage shall be filed and processed in accordance with 49 C.F.R. Part 1005. BROKER may, as a courtesy, assist SHIPPER in handling such claims but shall have no independent liability beyond its contingent insurance coverage. -
Rate Schedules
Rates and charges under this Agreement shall be agreed to in writing and contained in a rate schedule or memorandum issued by BROKER and acknowledged by SHIPPER. Any changes shall also be made in writing and mutually acknowledged. -
Bill of Lading
The carrier shall issue a standard Bill of Lading for each shipment, and all shipments shall move under the terms and conditions contained therein, including claim filing and settlement procedures. -
Force Majeure
Neither party shall be liable for failure or delay in performance caused by events beyond reasonable control, including but not limited to acts of God, war, strikes, accidents, civil disorder, or compliance with governmental orders. -
Carrier Liability
The carrier shall be liable to SHIPPER for loss or damage to cargo from the time of loading at origin until delivery at the final destination or authorized intermediate stop-offs. Liability shall be for the full replacement cost of the lost or damaged goods. -
Claims Timing
All claims for loss or damage and related salvage shall be processed in accordance with applicable schedules within thirty (30) days of SHIPPER’s receipt of BROKER’s invoice for the transportation. -
Dispute Resolution
Any dispute arising under this Agreement shall be resolved through the state or federal courts of competent jurisdiction. -
Independent Contractor
The relationship between BROKER and SHIPPER shall at all times be that of independent contractors. -
Term and Termination
This Agreement shall remain in effect for one (1) year and shall automatically renew on a year-to-year basis unless terminated by either party upon thirty (30) days’ written notice.