GREAT SOUTHERN TRUCKING CO., INC.
This agreement is entered into between Great Southern Trucking Co., Inc., a licensed ICC Property Broker, MC-192020 hereinafter referred to as Broker and the Company Name / MC Number entered into the form below, hereinafter referred to as Carrier.
Carrier is engaged in interstate commerce, transporting general commodities as a Motor Contract Carrier under operating rights issued by the Interstate Commerce Commision.
Now, therefore, in consideration of mutual covenants and promises hereinafter set forth, the parties agree as follows:
1) The terms of this contract shall be valid for a period of one year and will automatically be renewed for one year periods unless canceled. This contract may be cancelled by either Broker or Carrier upon thirty (30) days advance written notice given by the terminating party to the other. Any notice of termination shall be deemed to have been given as of the date on which it is sent to the other party by registered mail.
2) Carrier is a contract carrier and the transportation services it is providing Broker herein are those of a contract carrier and not a common carrier. Whether or not a Carrier is authorised to operate, or does operate, as a common carrier, each and every shipment tended to Carrier by Broker on or after the date of this Agreement shall be deemed to be a tender to Carrier as a motor contract carrier and shall be subject only to the terms of this Agreement and the provisions of law applicable to motor contract carriage hereunder.
3) Pursuant to the above authority, Carrier provides specialized contract carrier services designed to meet distinct needs of Broker as defined in 49 CFR *1053.3. These specialized services include, but are not limited to, negotiating and implementing rates on the spot, providing multiple stops in transit, developing flexible rate packages tailored to individual shipper requirements, furnishing qualified drivers experienced in handling shippers' freight, picking up freight on short notice, delivering freight at scheduled times, providing specialized equipment on short notice, and closely coordinating all services and communications with Broker personnel.
4) Broker will tender to Carrier a minimum of three (3) loads with the possibility of many more subject to equipment availability.
5) In the event that Broker fails to tender the minimum number of loads, Broker shall, at the request of Carrier made in writing within thirty (30) days of the end of the term in question, pay damages of $25.00 and such money will serve as liquidated damages.
6) Rates applying to such services are as follows: As included in attached Appendix A. Rate confirmation can be attached hereto and it will serve that purpose.
7) Broker shall perform all billing, invoicing, and collection services to or with respect to customers whose property is transported by Carrier pursuant to this agreement.
8) Broker agrees to pay Carrier for the transportation of authorized commodities under this agreement in accordance with effective schedules upon receipt of the Carrier's freight bill and signed delivery receipt free and clear of exceptions covering such transportation and any other documents specified as necessary at the time of dispatch such as, but not limited to, certified weight tickets, etc. Payment shall be made within thirty (30) calendar days after the receipt of stated documents.
9) Carrier shall indemnify and hold harmless Broker. Carrier shall be liable for all loss, damage or liability caused by the transportation of property arranged by Broker while being transported by Carrier. The foregoing provisions are to be applied solely with respect to the allocation of liability between Carrier and Broker, and shall not be deemed to affect any rights or defenses with either of them have against any other party.
10) Carrier shall utilize equipment which meets and complies with all applicable standards of the US Department of Transportation and all local, state and federal safety regulations. Carrier shall be in compliance with and meet all state regulations; from all boards, agencies and commissions; in the state or states in which Carrier chooses to transport the shipment.
11) It is mutually understood and agreed that the relationship of Carrier to Broker is and shall remain solely that of an independent contractor, that neither party is authorized to act for or in any manner represent itself as an agent of the other or to conduct or enter into any agreement for or on behalf of the other party and that neither party is authorized to use the formal name or any business name, trademark, or service mark used by the other party or by any company with which the other party is affiliated.
12) This contract may not be assigned by either party hereto without the prior written consent of the other party,
13) This contract contains the entire contract between the parties and no amendments or additions hereto can be made except by written instrument executed by both parties.
14) This agreement covered by the laws of Tennessee. If any provision of this contract is determined to be contrary to the laws or regulations of any jurisdiction, such determination shall not affect the validity of any other terms of condition named herein.
By filling out this form, you agree to the terms of this agreement.
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