collectively referred to as (CLIENT or CARRIER) as follows:
1. CLIENT’S General Duties. CLIENT in a satisfactory manner will deliver consumer items and freight cargo items for brokers and customers and perform such other transportation and related services as necessary to serve customers. Keep Adamant Dispatch LLC informed by calling or emailing if something happens that may cause a delay in delivery or pickup. Provide Adamant Dispatch LLC with Motor Carrier Authorization form, Motor Carriers Certificate, Copy of Insurance with a contact number, signed contract for services, completed and signed Form W9, factoring company’s information and completed carrier Profile Sheet. All documents are needed to provide broker(s) with carrier packet. Client must download a scanning application on their cell phone and ensure safety is upheld throughout all operations.
2. Adamant Dispatch LLC’S General Duties. Adamant Dispatch LLC will assist with all aspects of the freight booking process for CLIENTS, to include checking Freight Brokers credit to ensure Client broker has good payment history. Adamant Dispatch LLC will act as CLIENT’S non-exclusive representative when dealing with Brokers and complete all necessary documentation on behalf of CLIENT to secure loads. Adamant Dispatch LLC bears no financial or legal responsibility in the transaction between the shipper/carrier agreement. Adamant Dispatch LLC will make decisions that is best fit according to Client’s recommendations as outlined in Exhibit A.
3. Duration.
This Agreement shall become effective on the date inserted in the first sentence of this agreement and shall remain in effect for a period of one month (30 days). Thereafter, this agreement shall be effective from month to month unless terminated per Paragraph 4.
4. Termination.
This Agreement between Adamant Dispatch LLC and the CLIENT may be terminated at any time:
(a) by mutual consent in writing by both parties.
(b) by the insolvency of CLIENT due to non-payment as outlined in Exhibit B.
(c) without cause upon either party giving a (7) day written notice of termination.
(d) with cause upon the breach of this agreement by either of the parties.
5. Payment.
CLIENT will pay Adamant Dispatch LLC for services provided every Monday. By signing this agreement Client agrees to give credit card authorization to the Company in order to receive payment as outlined in Exhibit B.
6. Equipment.
CLIENT will provide (his/her) own equipment to include Personal Protective Equipment, cargo straps, chains, etc.
7. Insurance.
CLIENT will carry at its own expense physical damage, bobtail, cargo and liability insurance upon any vehicles or other equipment used by it in carrying out its duties under this agreement. Insurance should cover 1 million Liability, 100 thousand cargo.
8. Labor and Hold Harmless.
CLIENT shall, at its own expense: (a) furnish whatever labor is necessary to provide delivery services to BROKERS AND SHIPPERS, and (b) provide Worker’s Compensation and Employer’s Liability Insurance if necessary. CLIENT shall also be responsible for payment of wages and social security and withholding taxes for any of its employees. CLIENT will hold Adamant Dispatch LLC harmless liability resulting from injury or death of any persons including but not limited to driving, operating, repairing, maintaining, loading or unloading CLIENT’S equipment.
9. Safety and Compliance.
CLIENT is fully responsible and liable for safety and compliance of all operations per guidance of US Department of Transportation, Federal Motor Carrier Safety Administration. CLIENT will hold Adamant Dispatch LLC harmless from any liability resulting from safety and compliance violations.
10. Lost or Damage.
CLIENT will be liable for lost or damage to items intended for transport, which are in CLIENT’S possession or under its dominion and control. If damages or loss are not due to Client, Client will take pictures and call and send to broker immediately. Do not leave site until it is resolved, if not resolved file claim with Broker Surety Bond.
11. Control and Exclusive Use.
In performing services under this agreement, CLIENT will direct the operation of any equipment in all respects and will determine the means of performance including but not limited to such matters as choice of any routes, points of service of equipment, rest stops, and timing and scheduling of customers deliveries. The parties intend to create an independent contractor relationship and not an employer-employee relationship.
12. Laws.
CLIENT agrees to comply with all applicable federal, state, and local laws, rules, and regulations pertaining to operations of motor carriers under this agreement.
13. Disclosure.
Adamant Dispatch LLC is not a freight broker, but an administrative agent acting as liaison between licensed motor carrier and licensed freight broker. Agreement between parties is non-exclusive, therefore Adamant Dispatch LLC can service other carriers and CLIENT can use other dispatch services! This contract is not intended to seek employment nor to solicit a partnership agreement.
14. Notice.
Any written notice required by the terms of this agreement shall be given by email, personal delivery or by certified mail.
15. Invalidity.
In the event any provision of the agreement shall be held to be invalid, it shall not affect the validity of the remainder of this agreement.
16. Complete Agreement.
This agreement has the entire understanding between the parties and supersedes any prior agreement. The parties concerning the subject matter of this agreement is listed and signed below.
