CARRIER’S OPERATIONS. (a) CARRIER shall, at its sole cost and expense:
i. furnish all equipment necessary or required for the performance of its obligations hereunder (the “Equipment”);
ii. pay all expenses related, in any way, with the use and operation of the Equipment; and
iii. maintain the Equipment in good repair, mechanical condition and appearance.
(b) CARRIER shall utilize only competent, able and legally licensed personnel in the performance of services hereunder. CARRIER shall have full control of such personnel. CARRIER shall be solely responsible for ensuring, and will ensure, at CARRIER’s cost and expense, that such personnel are fully qualified to perform services hereunder, and that such personnel have access to all locations into which access is necessary to perform services under this Agreement.
(c) CARRIER shall perform the services hereunder as an independent contractor, and assumes complete responsibility for all state and federal taxes, assessments, insurance (including, but not limited to, workers’ compensation, unemployment compensation, disability, pension and social security insurance) and any other financial obligations arising out of the transportation performed hereunder.
i. Quick pay (generally within 48 hours of approval) may be offered if requested by the CARRIER. A fee of 10% of the total CARRIER payable will be applied and must be reflected on the CARRIER invoice. BROKER reserves the right to deny quick pay to CARRIER if the CARRIER has not met all of the before mentioned conditions for payment or BROKER is not fully satisfied that the risk of fraud does not exist. BROKER will require a copy of a voided business check (or personal check if under the name of FMCSA registered company representative) and copy of personal identification for the person listed on FMCSA as the registered company representative in order to validate banking information. BROKER will determine at its sole discretion whether to pay by ACH or ComCheck.
(d) CARRIER shall be solely responsible for compliance with all provisions of Applicable Law regarding overdimension and overweight loads. CARRIER shall be solely responsible for its day to day operations including, but not limited to, setting appropriate routes to ensure that transportation of shipments is accomplished in accordance with all Applicable Laws and to otherwise ensure shipments are not damaged in transit.
(e) CARRIER shall maintain appropriate security infrastructure to ensure the physical security of shipments a...
CARRIER’S OPERATIONS. (a) CARRIER shall, at its sole cost and expense:
i. furnish all equipment necessary or required for the performance of its obligations hereunder (the “Equipment”);
ii. pay all expenses related, in any way, with the use and operation of the Equipment; and
iii. maintain the Equipment in good repair, mechanical condition and appearance.
(b) CARRIER shall utilize only competent, able and legally licensed personnel in the performance of transportation services hereunder. CARRIER shall have full control of such personnel. CARRIER shall be solely responsible for ensuring, and will ensure, at CARRIER’s cost and expense, that such personnel are fully qualified to perform transportation services hereunder, and that such personnel have access to all locations into which access is necessary to perform transportation services under these Terms and Conditions.
(c) CARRIER shall perform the transportation services hereunder as an independent contractor, and assumes complete responsibility for all provincial, state and federal taxes, assessments, insurance (including, but not limited to, workers’ compensation, unemployment compensation, disability, social security and pension) and any other financial obligations arising out of the transportation services performed hereunder.
(d) CARRIER shall be solely responsible for compliance with all provisions of Applicable Law including that pertaining to over-dimension and overweight loads. CARRIER shall be solely responsible for its day to day operations including, but not limited to, setting appropriate routes to ensure that transportation of shipments is accomplished in accordance with all Applicable Laws and to otherwise ensure shipments are not damaged in transit.
(e) CARRIER shall maintain appropriate security infrastructure to ensure the physical security of shipments and equipment handled under these Terms and Conditions.
CARRIER’S OPERATIONS. Carrier shall, at its sole cost and expense: a) furnish all equipment necessary or required for the performance of its obligations hereunder (the "Equipment"); and (b) pay all expenses related, in any way, with the use and operation of the Equipment; and (c) maintain the Equipment in good repair, mechanical condition and appearance; and (d) utilize only competent, able and legally licensed personnel. Carrier shall have full control of such personnel; shall perform the services hereunder as an independent contractor; and shall assume complete responsibility for all state and federal taxes, assessments; insurance (including, but not limited to, workers' compensation, unemployment compensation, disability, pension and social security insurance) and any other financial obligations arising out of the transportation performed hereunder.
CARRIER’S OPERATIONS. CARRIER shall, at its sole cost and expense: (a) furnish all equipment necessary or required for the performance of its obligations hereunder (the “Equipment”); (b) pay all expenses related, in any way, with the use and operation of the Equipment: (c) maintain the Equipment in good repair, mechanical condition and appearance; and (d) utilize only competent, able and legally licensed personnel qualified to drive under applicable FMCSA regulations. CARRIER shall have full control of such personnel; shall perform the services hereunder as an independent contractor; and shall assume complete responsibility for all state and federal taxes, assessments, insurance (including, but not limited to, workers’ compensation, unemployment compensation, disability, pension and social security insurance) and any other financial obligations arising out of the transportation performed hereunder.
CARRIER’S OPERATIONS a. CARRIER will, at its sole cost and expense, (i) furnish all equipment required for the performance of its obligations (“Equipment”); (ii) pay all expenses related, in any way, with the use and operation of the Equipment; (iii) maintain the Equipment in good repair, mechanical condition and appearance; (iv) utilize only competent, able and legally licensed personnel. DY LOGISTICS LLC shall have no duty to select, instruct or supervise CARRIER’S drivers, or to check drivers’ logs or its status of compliance with FMCSA’s hours of service or other regulations before loading, those being the sole responsibility of the CARRIER. CARRIER will have full control of such personnel, will perform Services as an independent contractor, and will assume complete responsibility for all state and federal taxes, assessments, insurance (including, but not limited to, workers compensation, unemployment compensation, disability, pension and social security insurance) and any other financial obligations arising out of performance of Services.
b. CARRIER shall hold a "Satisfactory", “Conditional”, or “Unrated” safety fitness rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). CARRIER shall notify DY LOGISTICS LLC immediately if CARRIER receives an “Unsatisfactory” safety fitness rating from the FMCSA. In no event shall CARRIER transport any property on behalf of DY LOGISTICS LLC if CARRIER receives an “Unsatisfactory” safety fitness rating. The provisions of this Agreement, including this section, relating to safety fitness ratings are intended to include future safety fitness rating designations which are substantively the same or similar to those used herein.
CARRIER’S OPERATIONS. Carrier shall have full control of its personnel, including all subcontractors; shall perform the services as an independent contractor of, and not an agent or employee of, or joint venturer with Traffic Tech; shall assume complete responsibility for all salaries, commissions, municipal, provincial, federal, foreign and domestic taxes or contribution to taxes, assessments, insurance (including but not limited to, workers’ compensation, unemployment compensation, disability, pension and social security insurance and any foreign equivalent) and any other financial obligations arising out of the services provided under this Agreement or with respect to the persons engaged in the performance of the services under this Agreement; and shall comply with all applicable rules, laws and regulations related thereto. Carrier shall have no authority to act on behalf of Traffic Tech, except to the extent necessary to perform Carrier’s services under this Agreement or as may be requested by Traffic Tech from time to time.
CARRIER’S OPERATIONS. To the extent that any shipments subject to this Agreement are transported within the State of California, CARRIER warrants that (i) all 53 foot trailers (including both dry-van and refrigerated equipment) it operates and the Heavy-Duty Tractors that haul them within California under this Agreement are in compliance with the California Air Resources Board (CARB) Heavy-Duty vehicle Greenhouse Gas (Tractor-Trailer GHG) Emission Reduction Regulations; and (ii) All refrigerated equipment it operates within California under this Agreement is in full compliance with the California Air Research Board (CARB) Transport Refrigerated Unit (TRU) Airborne Toxic Control Measure (ATCM) in-use regulations. CARRIER shall be liable to XXXXX, XXXXX’X customers, the consignor, or the consignee for any penalties, or any other liability, imposed on, or assumed by said parties due to penalties imposed on XXXXX, XXXXX’X customers, the consignor, or the consignee because of CARRIER’S use of non-compliant equipment.
CARRIER’S OPERATIONS. CARRIER shall, at its sole cost and expense:
a) Furnish all equipment necessary or required for the performance of its obligations hereunder (the “Equipment”)
b) Pay all expenses related, in any way, with the use and operation of the Equipment; and
c) Maintain the Equipment in good repair, mechanical condition and appearance. The CARRIER shall utilize only competent, able and legally licensed personnel in the performance of services hereunder. CARRIER shall have full control of such personnel. CARRIER shall be solely responsible for ensuring, and will ensure, at CARRIER’s cost and expense, that such personnel are fully qualified to perform services hereunder, and that such personnel have access to all locations into which access is necessary to perform services under this Agreement. The foregoing obligation will include, as necessary, the requirement that the personnel obtain a Transportation Worker Identification Card (“TWIC”) for access to ports in the United States and port access passes for ports in Canada. The CARRIER shall ensure, where necessary, that personnel comply with the requirements of the
CARRIER’S OPERATIONS. Carrier shall be wholly responsible for the performance of all transportation contemplated by this Agreement. Carrier shall, at its sole cost and expense, (a) furnish all equipment necessary or required for the performance of its obligations hereunder (the “Equipment”); (b) pay all expenses related, in any way, with the use and operation of the Equipment; (c) maintain the Equipment in good repair, safe and sound mechanical condition and appearance; and (d) utilize only competent, able, and legally licensed personnel. Carrier shall have full control of such personnel; shall perform the services hereunder as an independent contractor; and shall assume complete responsibility for all state and federal taxes, assessments, insurance (including, but not limited to, workers compensation, unemployment compensation, disability, pension and social security insurance) and any other financial obligations arising out of the transportation performed hereunder.
CARRIER’S OPERATIONS. CARRIER shall, at its sole cost and expense: (a) furnish all vehicles and other equipment necessary or required for the performance of its obligations hereunder (the “Equipment”); (b) pay all expenses related, in any way, with the use and operation of the Equipment; (c) maintain the Equipment in reasonable condition and appearance; and (d) provide and compensate competent, able and legally licensed personnel. CARRIER shall have full control of such personnel; shall perform the services hereunder as an independent contractor; and shall assume complete responsibility for all state and federal taxes, assessments and any other financial obligations arising out of the transportation performed hereunder. Further, CARRIER shall assume full and complete responsibility and liability, regardless of the fault of any person, for any and all damage to or destruction of the Equipment while the Customer’s goods or property are under CARRIER’S care, custody or control. The Equipment shall at all times display CARRIER’s name or trademark and operating authorities.
