Carrier Responsibilities. A. CARRIER agrees to provide the necessary equipment and qualified personnel for completion of the transportation services required for BROKER and/or SHIPPER. CARRIER will not supply equipment that has been used to transport hazardous wastes, solid or liquid, regardless of whether they meet the definition in 40 C.F.R. §261.1 et. Seq. on food grade loads. CARRIER agrees that all shipments will be transported and delivered with reasonable dispatch, or as otherwise agreed in writing.
Carrier Responsibilities. A. The CARRIER shall be liable for all loss, damage and/or liability incurred by transporting property arranged by BROKER, while under the care, custody or control of CARRIER. XXXXXXX agrees to assume all costs associated with the liability and transportation of property. XXXXXXX understands and agrees that the control of all drivers, including but not limited to logs and hours of service is the responsibility of CARRIER. It is the responsibility of CARRIER to notify BROKER if there will be an hours of service issue with the driver. XXXXXXX is aware of and agrees to comply with all updated hours-of-service regulations as set forth by Department of Transportation.
B. The relationship of CARRIER to BROKER is, and shall remain that of an Independent Contractor.
C. CARRIER warrants that it has auto-liability insurance in an amount at least equal to FMCSA requirements. CARRIER shall maintain workers compensation and employer’s liability insurance as required by any jurisdiction applicable to CARRIER. CARRIER warrants that it has no less than $100,000 cargo insurance covering any load under its care, custody or control and a minimum of $250,000 for the account of UNITED RENTALS and CARRIER is responsible for cargo loss or damage above amounts paid by insurance. CARRIER warrants that it will notify BROKER of any and all exclusions of commodity or theft as applicable in their cargo policy OR forward a copy of said policy as it pertains to cargo to BROKER for review.
D. CARRIER warrants that it is duly and legally qualified to provide the transportation services agreed upon as a contract with BROKER, and XXXXXXX agrees to comply with all federal, state and local laws regarding the transportation of BROKER’S loads, CARRIER warrants that they are in compliance with all current regulations of Hazardous Materials guidelines, if so licensed.
E. CARRIER is relying on the general credit of BROKER and hereby waives and releases all liens with CARRIER might otherwise have to any good of BROKER’S customers in the possession or control of CARRIER. CARRIER shall not withhold any goods of BROKER’S customers on account of any dispute as to prices or alleged failure of BROKER to pay charges incurred under this agreement. Should CARRIER hold any goods hostage for payment or increase in payment, a fine of no less than $500.00 per day shall be paid to BROKER by CARRIER and CARRIER shall be liable for any attorney fees required by XXXXXXX or BROKER to recover stolen freight.
F. In th...
Carrier Responsibilities. 4.1 CARRIER or its representatives shall be responsible for providing CARRIER's LWC End User Records to AT&T-22STATE for inclusion in AT&T-22STATE’s 911 DBMS on a timely basis. CARRIER shall provide AT&T-22STATE with accurate and complete information regarding CARRIER’s LWC End User(s) in a format and time frame prescribed by AT&T-22STATE for purposes of E911 administration.
4.2 CARRIER shall order and provide accurate service address information for all LWC orders using the Local Service Request (LSR) process established by AT&T-22STATE. Where AT&T-22STATE is the 911/E911 Service Provider, AT&T-22STATE shall provide access to E911 Services for CARRIER’s LWC End Users in the same manner that it provides such access to AT&T-22STATE own retail End Users. This access shall include 911 call routing to a Public Safety Answering Point (PSAP) designated to receive a 911 call from a CARRIER LWC End User based on the service location of that LWC End User.
4.3 CARRIER is responsible for collecting from its LWC End Users and remitting to the appropriate municipality or other governmental entity any applicable 911/E911 surcharges assessed on the local service provider and/or LWC End Users by any municipality or other governmental entity within whose boundaries the CARRIER provides local exchange service using LWC.
4.4 All CARRIER LWC End User 911 Records, in accordance with NENA standards, will use the appropriate AT&T-22STATE NENA Company ID to identify the dial tone provider of record and where applicable submit the necessary documentation to establish the appropriate NENA Company ID.
Carrier Responsibilities. A. CARRIER agrees that all shipments will be transported and delivered as agreed to on the LOGICO Load tender.
Carrier Responsibilities. In addition to its other covenants and responsibilities contained herein, CARRIER covenants and agrees as follows:
A. CARRIER is, and shall remain at all times throughout the term of this Agreement, a Registered Motor Carrier of Property pursuant to the above Permit/Certificate Number (sometimes referred to herein as CARRIER’s “Operating Authority”) and duly authorized and qualified to provide transportation of property in intrastate, interstate and foreign commerce under contracts with shippers and receivers and/or brokers of general commodities, including with the BROKER pursuant to this Agreement. CARRIER will immediately notify BROKER in writing if its Operating Authority is revoked, suspended or rendered inactive for any reason and for any period of time;
B. CARRIER shall make all shipments hereunder under its own Operating Authority and subject to the terms of this Agreement;
C. CARRIER shall ensure that all documents used in connection with any shipment under this Agreement, including all bills of lading, freight bills and receipts, name BROKER as the “Broker”, Carrier as the “Carrier”, shipper or consignor as the “Shipper”, and receiver or consignee as the “Receiver”. Without limiting the foregoing, CARRIER agrees that the designation in any such document to the BROKER as the “Carrier”, “Shipper” or “Receiver” shall not change BROKER’s status as a property broker or CARRIER’s status as a motor carrier. In the event of inconsistencies between the terms of this Agreement and any such documents, the terms of this Agreement (and the applicable Load Confirmation Sheet) shall govern, and no term or condition in any such document shall be binding on BROKER unless also set forth in this Agreement and/or such Load Confirmation Sheet. For purposes hereof, the term “shipper” shall be deemed to also refer to “consignor” and the term “receiver” shall be deemed to refer to “consignee”, as applicable, and vice versa.
Carrier Responsibilities. A. Subject to its representations and warranties in Paragraph 1 above, Carrier agrees to provide the necessary equipment and qualified personnel for completion of the transportation services required for Broker or its customers. Carrier will not supply equipment that has been used to transport hazardous wastes, solid or liquid, regardless of whether they meet the definition in 40 C.F.R. §261.1 et. seq. Carrier will furnish equipment for transporting cargo which is sanitary, and free of any contamination, suitable for the particular commodity being transported and which will not cause in whole or in part adulteration of the commodity as defined in 21 U.S.C § 342. Carrier agrees that all shipments will be transported and delivered with reasonable dispatch, or as otherwise agreed in writing.
B. Carrier shall sign a xxxx of lading, produced by shipper or Carrier in compliance with 49 C.F.R.
(i) Carrier shall comply with 49 C.F.R. §370.1 et seq. and any amendments or any other applicable regulations adopted by the FMCSA, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage. Carrier agrees that food that has been transported or offered for transport under conditions that are not in compliance with Shipper’s or Broker’s instructions, as provided to Carrier by Shipper or Broker, will be conclusively determined to be “adulterated” within the meaning of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 342 (i). Carrier understands and agrees that adulterated shipments may be refused by the consignee or receiver, at destination without diminishing or affecting Carrier’s liability in the event of a cargo claim. Carrier shall not sell, salvage or attempt to sell or salvage any goods without the BROKER’s express written permission; and
(ii) Carrier’s liability for any cargo damage, loss, or theft from any cause shall be determined under the Xxxxxxx Amendment, 49 U.S.C. §14706 if applicable; however, liability for exempt commodities and processing cargo loss and damage claims shall be determined by: DRC Trading Practices, or Blue Book Transportation Guidelines, or NAPTWG Best Practices by agreement of the Parties and if no agreement then by one of the above associations’ guidelines named above at the selection of the Broker; and
(iii) Carrier’s indemnification liability (Par 1.H) for freight loss and damage claims under this sub-par C (ii) shall include legal fees which shall constitute spe...
Carrier Responsibilities. Carrier represents that it has full authority to enter into this Agreement, and to make the assignments hereunder. Carrier agrees to maintain all proper licenses and permits to conduct business as a motor carrier in the areas of intended operation and agrees to maintain liability and cargo insurance at the amounts set forth by the home state of the carrier and all U.S. Law. Instapay Flexible will be held harmless, and Carrier shall indemnify Instapay Flexible for same, in the event of any and all claims arising out of Carriers failure to adhere to its responsibilities herein. Carrier agrees to provide all documents as required by the Service, and acknowledges such document requirements may change at any time. Carrier agrees it will not encumber in anyway any Account, or necessary documentation for any Account that is the subject of this Agreement. Carrier warrants and represents that there are no prior claims, rights or interests in the Accounts. Carrier agrees not to offer an Account if the Account is already encumbered, or is altered or tampered with, any such offer shall be null and void. If Carrier receives payment for any Purchased Account, or if Carrier receives an overpayment or other payment of any kind, Carrier will immediately contact Instapay Flexible (at xxxx@xxxxxxxxxxx.xxx or 855-777-2242) and pay such funds, within ten
Carrier Responsibilities. Carrier shall (i) pick up and deliver Customer’s Shipment as close to Customer’s door or Customer’s designated Point of Origin and Destination as legally and safely possible, and (ii) transport the Shipment in a commercially reasonable manner. Carrier may issue a Carrier Form, receipt or Bill of Lading at the Point of Origin and/or Destination. Customer or Customer’s Agent agrees to read such Carrier Form carefully as it may constitute a contract of transportation as between Customer and Carrier, and Customer will contact Carrier directly with any disputes or questions regarding such documents. Customer understands and agrees that Customer may also be subject to the Carrier’s terms and conditions of service, tariffs, rules or classification, copies of which must be requested by the Customer directly from the Carrier.
Carrier Responsibilities. Carrier shall provide to Contractor all identification required by any governmental agencies to be affixed to Equipment. To the extent required by applicable state or federal regulations, Carrier shall have possession, use and control of Equipment; however, Contractor exclusively shall determine the manner and means of performance of all obligations undertaken by Contractor pursuant to this Agreement. If Carrier receives a refund or credit for a base plate purchased by Contractor from and issued in the name of Carrier or if such base plate is authorized by Contractor to be resold by Carrier to another contractor, Carrier shall refund to Contractor a prorated share of the amount once received by Carrier.
Carrier Responsibilities. In addition to Carrier responsibilities detailed above, Carrier’s responsibilities shall include the following:
