Carrier Packet
Carrier Packet
Carrier Packet
I. PARTIES
II. RECITALS
1. Term- The term of this Agreement shall be one (1) year, commencing on the date
listed above. If not cancelled by one of The Parties, the Agreement shall
automatically renew itself for consecutive one year terms. The Agreement can be
terminated at any time by either of The Parties with thirty (30) days written or
electronic notice to the other party, provided all balances are settled, and the
termination can be with or without cause.
4. Carrier Obligations - CARRIER warrants that at all times during this Agreement
it will act as a “motor carrier,” as that term is defined under 49 U.S.C. § 13102
and any applicable federal or state regulations, statutes, decisional law or
administrative law. CARRIER further warrants that at all times during this
Agreement it will remain licensed and authorized by the Federal Motor Carrier
Safety Administration to provide interstate transportation services or that it
provides only intrastate service and complies with all applicable state registration
requirements, and warrants that it will maintain insurance or otherwise
demonstrate financial responsibility in accordance with all applicable federal and
state regulations.
CARRIER is solely responsible for the operation of the equipment, actions of the
driver, any other persons associated with the operation of the equipment,
transportation of freight, securement or any other aspect of actions of a motor
carrier as that term is defined by law. CARRIER is solely responsible for the
safety and operation of the equipment, and the actions of all drivers and other
persons or entities responsible for the transportation of freight. Nothing in this
Agreement abrogates the responsibility of the CARRIER to operate safely and in
accordance with all law and good accepted best practices of a motor carrier.
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CARRIER represents that it is in compliance with and shall maintain, during the
terms of this Agreement, compliance with all applicable federal, state and local
laws relating to the provision of its services.
All equipment provided for the transportation of food or food grade products will
comply with the requirements of The Sanitary Food Transportation Act, or, to the
extent that CARRIER performs services hereunder within, or to or from Canada,
the Food and Drug Acts and any/all other applicable statutes and regulations,
including, but not limited to the Ontario Food Safety and Quality Act, 2001, or
any other jurisdiction's equivalent, and none of the equipment so provided has
been or will be used for the transportation of any waste of any kind, garbage,
hazardous materials, poisons, pesticides, herbicides, or any other commodity that
might adulterate or contaminate food, food products or cosmetics.
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number. CARRIER is solely responsible for ensuring that cargo is maintained
according to any requirements stated on the bill of lading or load confirmation
CARRIER must ensure that all personnel transporting or handling freight subject
to the Food Safety Modernization Act of 2011 and its implementing regulations
(collectively the “Act”), receive training required by the Act. BROKER will
transmit to CARRIER, on the Load Confirmation or separately by email, the
shipper’s or consignee’s protocols and requirements for transporting food
shipments subject to the Act. CARRIER must strictly comply with all such
protocols and requirements. CARRIER’S failure to comply with such protocols
and requirements will permit the consignor, consignee, or broker to declare any
freight transported on a shipment on which noncompliance occurred to be rejected
and a total loss.
5. Shipper-Broker Relationship- The Parties agree that BROKER at all times will
be acting as an independent contractor, and not an employee, agent, or principal
of a shipper.
CARRIER must give priority to compliance with all laws and regulations and
must not interpret any provision of this Agreement or request or communication
from any employee or agent of BROKER, shipper, consignor, or BROKER’s
customer(s) to authorize or encourage, directly or by implication, CARRIER to
deviate from any law or regulation applicable to CARRIER’s operations as a
motor carrier. BROKER will not coerce CARRIER, and any directions or
instructions given by BROKER to CARRIER for the transportation of the freight
shall be for information and convenience only, and CARRIER retains full control
of the details of transportation of freight assigned to it under this Agreement.
BROKER will not impose fines on CARRIER unless BROKER is instructed to
do so by the shipper.
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of a shipper’s freight, or for any actual or consequential damages resulting
therefrom.
To the extent permissible under applicable federal and state law, and subject to
the express monetary insurance limits in Paragraph 13 as to CARRIER and
BROKER’S applicable monetary insurance limits or such other amounts as
mutually agreed by the Parties in writing, CARRIER shall defend, indemnify and
hold BROKER and its shipper customer harmless from any claims, actions or
damages, arising out of its performance under this Agreement, including cargo
loss and damage, theft, delay, damage to property, and personal injury or death,
and BROKER shall defend, indemnify, and hold CARRIER harmless from any
claims, actions, or damages, including cargo loss and damage, theft, delay,
property damage, bodily injury or death, arising out of its performance hereunder.
Neither Party shall be liable to the other for any claims, actions or damages due to
the negligence, culpable conduct or intentional act of the other Party, or the
shipper. The obligation to defend shall include all costs of defense as they accrue.
Except for CARRIERS’S liability under Paragraph 10, unless otherwise agreed in
writing, and regardless of whether the Parties’ insurance as referred to in this
Agreement above is valid or provides coverage, the Parties’ indemnity obligations
shall not exceed the monetary insurance limits referred to in the paragraph above.
8. No Broker Control- The Parties agree that BROKER will not assert any control
nor have any right to exercise control over a shipper’s freight, including, but not
limited to, taking possession of a shipper’s freight, and BROKER shall not direct
or control the routes taken by CARRIER in the transportation of a shipper’s
freight.
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all times is the actual carrier of goods and BROKER’S role is limited to
arranging for transportation.In the event BROKER’S name is listed on the
bill of lading, shipping manifest or other similar document, as the carrier,
CARRIER shall cross-out or otherwise remove BROKER’S name and
enter CARRIER’S name as applicable.
i. The Parties agree that the shipment of freight will move under the
terms and conditions listed in the bill of lading, except
where inconsistent with the terms of this Agreement.
iii. The terms and conditions of the bill of lading shall not
operate to alter or modify the terms of this Agreement
between CARRIER and BROKER.
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ineffective. Failure to issue a bill of lading or sign a bill of
lading acknowledging receipt of the cargo by CARRIER
shall not affect the liability of CARRIER. Said Bills of
Lading are intended by the Parties to be Bills of Lading, as
that term is interpreted under the Carmack Amendment and
applicable law and not merely as “delivery receipts”,
“freight receipts” or any similar term.
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vehicles, theft, or for any commodities transported under this Agreement,
refrigeration breakdown or lack of refrigerator fuel. Furthermore, if the
commodity being hauled is refrigerated, refrigeration breakdown coverage will be
provided and the CARRIER will honor and abide by the servicing requirements
set forth in the insurance policy or endorsement. Furthermore, if the commodity
being hauled is on a flatbed or similar open conveyance, that there be no
exclusion for wetness, rust, corrosion or moisture.
;
D. workers’ compensation with limits required by law.
Except for the higher coverage limits which may be specified above, the
insurance policies and financial responsibility shall comply with minimum
requirements of the Federal Motor Carrier Safety Administration and any other
applicable regulatory state agency. Nothing in this Agreement shall be construed
to avoid CARRIER’S liability due to any exclusion or deductible of any insurance
policy or to limit CARRIER’S liability for contribution and/or indemnification
and defense of the BROKER.
14. Miscellaneous
b. Waiver of Provisions:
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15. Force Majeure - In the event that fire, flood, other natural disaster, war, embargo,
riot, or civil disobedience prevents the performance of either BROKER or
CARRIER’S obligations under this agreement, that party shall not be liable to the
other party for such failure to perform.
16. Choice of Law and Venue- All issues concerning the construction, interpretation,
validity, and enforceability of this Agreement, and any other dispute arising out of
this Agreement, whether in a court of law or in alternative dispute resolution,
shall be governed by and construed and enforced in accordance with the laws of
the State of _______________,
Oklahoma including the applicable statutes of limitations
under __________________
Oklahoma law, without giving effect to any choice of law
provision applying the laws of another jurisdiction.
17. Indemnification: CARRIER will indemnify and hold harmless BROKER, its
employees, officers, directors, agents, principals and assigns from any liability,
settlements, judgments, verdicts, attorney fees or expense or any nature
whatsoever arising out of any claims, demands or suits against BROKER which
in any way relate to a claim of BROKER’s liability or culpability for the actions
of CARRIER, including negligent or improper hiring or retention of the
CARRIER, its employees (statutory or otherwise) agents, principals, officers,
directors, assigns or anyone acting by or for CARRIER, for any aspect of the
transportation of freight, public liability, personal injury, bodily injury, emotional
or mental distress, wrongful death, loss of consortium, cargo liability or any claim
or cause of action recognized by any state, municipality, county or any
jurisdiction, Administrative Agency, or the Government of the United States.
CARRIER agrees to have insurance to cover its indemnification obligations under
this section, but CARRIER’s indemnification obligations are not capped by the
amount of any available insurance.
18. Entire Agreement- This Agreement, including all appendices and addenda,
constitutes the entire agreement intended by and between The Parties and
supersedes all prior agreements, representations, warranties, and understandings,
whether oral or in writing.
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20. Severability- If any portion or provision of this Agreement is determined by a
court of competent jurisdiction to be invalid or unenforceable, The Parties agree
that said portion or provision of the Agreement shall be severable, and that the
remaining provisions of the Agreement shall continue in full force and effect.
21. Notices- Any and all written or electronic notices required or permitted to be
given under this Agreement shall be addressed as follows:
(BROKER) (CARRIER)
Truckstop 40 LLC___________________________________________________
___BHF Express LLC
___
Gill Martin _______________ Attn: ________________________
Jay Jefferson
___
580-407-3534 ______________ _____________________________
___________________________ _____________________________
___________________________ _____________________________
[ CARRIER ]
[ BROKER ]
Date:
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Eligibility for Quick Pay Program
Payment Terms
Company Name:
Company Address:
MC#:
Bank Name:
Bank Account Number:
Bank Routing Number:
Company Email Address:
Carrier’s Signature:
* Factoring company
INSURER F :
COVERAGES CERTIFICATE NUMBER: 00020766-115487 REVISION NUMBER: 3
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-
POLICY JECT LOC PRODUCTS - COMP/OP AGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS' LIABILITY STATUTE ER
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
A CONTINGENT CARGO MTC04062023 04/06/2023 04/06/2024 100,000 DED 1,000
B ERRORS & OMISSIONS 04062023 04/06/2023 04/06/2024 $1,000,000 DED: $1,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
INCLUDING REEFER BREAKDOWN. THE CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED.
(GUR)
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by GUR on 04/11/2023 at 10:12AM
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 04/28/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: SY NILAKOUT
All Solutions Insurance Agency, LLC PHONE FAX
(951)247-2003 (A/C, No): (951)247-7678
22364 Alessandro Blvd (A/C, No, Ext):
E-MAIL
Sy@allsolins.com
MORENO VALLEY, CA 92553 ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
License #: 0C04291
INSURER A : UNITED STATES FIRE INSURANCE CO
INSURED INSURER B :
TRUCK STOP 40 LLC INSURER C :
11561 N 1900 RD INSURER D :
SAYRE, OK 73662 INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 00020766-0 REVISION NUMBER: 1
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-
POLICY JECT LOC PRODUCTS - COMP/OP AGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS' LIABILITY STATUTE ER
Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
A BOND 615120882 04/26/2023 04/26/2024 $75,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
(SYN)
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by SYN on 04/28/2023 at 11:48AM