AGREEMENT made this 14th day of December, 2018, by and between: hereinafter referred to as CARRIER, and J-Mar Enterprises, Inc., hereinafter referred to as BROKER.
1) CARRIER is a motor contract or Common carrier of property authorized by Permit # MC- (a copy of which permit is attached hereto and made a part hereof.)
2) BROKER is a motor carrier broker, licensed to arrange for the transportation of property by License # MC-184368(Sub 2), (a copy of which license is attached hereto and made a part hereof), and controls the transportation of the commodities to be tendered to CARRIER, in accord with the criteria established in Dixie Midwest Express 132 M.C.C. 794 (1982), and thus is a shipper under those criteria.
3) BROKER will offer a series of shipments and CARRIER will haul subject to availability of suitable equipment. All rates will be negotiated on a load by load basis and will be faxed by BROKER and confirmed by CARRIER prior to movement of each load tendered.
4) CARRIER shall issue a bill of lading for property it receives and shall be liable to the person entitled to recover the bill of lading. The liability imposed by this paragraph is for the actual loss of injury to the property caused by the CARRIER. Failure to issue a bill of lading does not affect liability of the CARRIER. The CARRIERS’ liability shall be the same as CARRIERS’ liability under 49 U.S.C 11707.
5) CARRIER agrees to maintain cargo and liability insurance to compensate those parties entitled to recover under the preceding paragraph. CARRIER shall forward to BROKER a standard Certificate of Insurance naming BROKER as certificate holder and giving BROKER (30) days written notice prior to cancellation. The cargo insurance shall be in the form required by 49 C.F.R. 1043.2.
6) CARRIER agrees to defend and hold harmless BROKER against any and all loss or damage claims on each shipment transported by CARRIER pursuant to this Agreement. CARRIER further agrees to defend and hold harmless BROKER from any and all liability, costs, and damages to persons and/or property arising out of said CARRIERS’ operations, including but not limited to all road, fuel and other taxes, fees or permits, related to shipments transported.
7) CARRIER agrees to contact BROKER before leaving receiver’s if there are any discrepancies on Bill of Lading or Proof of Deliveries.
8) CARRIER will not solicit freight from BROKERS’ customers, consignee, or shippers where the business was first tendered to CARRIER by BROKER while this agreement is in effect and for two years thereafter. If CARRIER should breach this, CARRIER will pay BROKER a 20% fee on each load taken.
9) CARRIER shall not, without prior written consent of BROKER, cause or permit any shipment tendered hereunder to be brokered to another BROKER or transported by any other motor CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying monies it owes CARRIER directly to the delivering carrier. CARRIER, however, shall not be released from any liability to BROKER under this Agreement.
10) I have signed this Agreement Electronically by means of technology, including either electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities, I agree this electronic signature is the legal equivalent of my manual/handwritten signature. I further agree that this signature on this document is as valid as if I signed the document in writing.
BROKER: J-Mar Enterprises, Inc.
BY: Janel Helfrich