FREIGHT CARRIAGE. BROKER warrants that it has entered into, or will enter into, bilateral written contracts with each carrier it engages to perform the transportation services required by this Agreement. BROKER further warrants that those contracts comply with all applicable federal, state and local laws and regulations and shall include (but not be limited to) the substance of the following terms:
A. Carrier is in, and shall maintain compliance during the term of this Agreement, with all applicable federal, state and local laws relating to the provision of its services including, but not limited to:
1. transportation of Hazardous Materials, (including the licensing and training of drivers), as defined in 49 C.F.R. §172.800, §173, and §397 et seq. to the extent that any shipments hereunder constitute Hazardous Materials;
2. security regulations;
3. owner/operator lease regulations;
4. loading and securement of freight regulations;
5. implementation and maintenance of driver safety regulations including, but not limited to, hiring, controlled substances, and hours of service regulations;
6. sanitation, temperature, and contamination requirements for transporting food, perishable, and other products;
7. qualification and licensing and training of drivers;
8. implementation and maintenance of equipment safety regulations;
9. maintenance and control of the means and method of transportation including, but not limited to, performance of its drivers;
10. all registration, licensing, and insurance requirements required to perform the services.
B. Carrier shall agree to defend, indemnify and hold BROKER and SHIPPER harmless from all damages, claims or losses arising out of its performance of the Agreement, including cargo loss and damage, theft, delay, damage to property, and personal injury or death.
C. Carrier shall agree that its liability for cargo loss or damage shall be determined by 49 USC §14706 (the Xxxxxxx Amendment). Exclusions in carrier’s insurance coverage shall not exonerate carrier from this liability. No limitation of carrier's liability shall apply, unless BROKER first obtains the express written consent of SHIPPER.
D. Carrier shall agree to maintain at all times during the term of the contract, insurance coverage with limits not less than the following: General Liability - $1,000,000.00 Auto Liability - $1,000,000.00 Cargo Liability - $100,000.00 Worker’s Compensation – as required by law. BROKER shall verify that each carrier it utilizes in the performance of th...
FREIGHT CARRIAGE. BROKER warrants that is has entered into, or will enter into, bilateral contracts with each railroad and motor carrier it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state regulations and shall include the following provisions:
A. Carrier shall agree to defend, indemnify and hold BROKER and SHIPPER harmless from all damages, claims or losses arising out of its performance of the Agreement, including cargo loss and damage, theft, delay, damage to property, and personal injury or death.
B. Carrier shall agree that its liability for cargo loss or damage shall be no less that that of a Common Carrier as provided for in 49 USC 14706 (the Xxxxxxx Amendment). Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability. For shipments outside of the United States the terms in Foreign Shipments Appendix D of this Agreement shall apply.
C. Carrier shall agree to maintain at all times during the term of the contract, insurance coverage with limits not less than the following: General Liability/Property Damage - $1,000,000 Auto Liability - $1,000,000 Cargo Liability - $100,000 Worker’s Compensation - As required by law BROKER shall verify that each carrier it utilizes in the performance of this Agreement has insured coverage as defined above.
D. Carrier shall agree that the provisions contained in 49 CFR 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage.
E. Carrier shall authorize BROKER to invoice SHIPPER for services provided by the Carrier. Carrier shall further agree that BROKER is the sole party responsible for payment of its invoices and that, under no circumstances, will Carrier seek payment from the shipper, consignee or BROKER’s customer.
F. Carrier shall agree that, at no time during the term of its contract with BROKER shall it have an “Unsatisfactory” safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). If Carrier receives an Unsatisfactory safety rating, it shall immediately notify BROKER. BROKER shall not knowingly utilize any carrier with an unsatisfactory safety rating in the performance of this Agreement.
G. Charges may apply for late pick-ups and deliveries.
H. It is the driver;s responsibility to ensure that the load is safe, secure and legal for transport
I. Driver is required to check call daily, if not $50 will be charge...
FREIGHT CARRIAGE. TDIS warrants that it has entered into or will enter into contracts with each Motor Carrier (and the Rail Carriers if practicable) it utilizes in the performance of this Agreement. TDIS warrants that its contracts with the Rail Carriers will be no less favorable to Shipper than the provisions of the Rail Circulars. In order to interchange any intermodal chassis, container or trailer (“Intermodal Equipment”), each Motor Carrier engaged by TDIS must have entered into any equipment interchange agreement required by the applicable Intermodal Equipment provider.
FREIGHT CARRIAGE. FORWARDER warrants that it has entered into, or will enter into, bilateral contracts with each carrier it utilizes in the performance of this Agreement. FORWARDER further warrants that those contracts are/will be substantially similar to the Exemplar Forwarder-Carrier Agreement found at xxx.xxxxxx.xxx/XXXXxxxxxxxxxxxxxxx.xxxx . FORWARDER shall be deemed the originating carrier on all shipments transported under this Agreement, regardless of whether FORWARDER is listed on the xxxx of lading.
FREIGHT CARRIAGE. ROUTE represents, warrants and covenants that it has entered into or will enter into a bilateral written agreement of carriage (either by contract or through tariff) with each Carrier it utilizes in the performance of this Agreement. ROUTE further represents, warrants and covenants that the agreements will comply with all applicable federal and state laws and regulations. ROUTE shall make commercially reasonable efforts to place XXXXXXX’s loads with responsible carriers for the purposes of transporting the loads with reasonable dispatch under the direction of the SHIPPER. However, the Parties understand and agree that ROUTE, by signing this Agreement, makes no express or implied warranties or guarantees concerning delivery time or the locating of a carrier to provide the transportation services requested by the SHIPPER.
FREIGHT CARRIAGE. Broker warrants that it has or will enter into, a bilateral written contract of carriage with each of the Broker’s Carriers it utilizes in the performance of this Brokerage Agreement and that such contract of carriage contains terms and conditions consistent and compliant with those set forth herein and exhibits attached hereto. Broker further warrants that each of its contracts with Broker’s Carriers require Broker’s Carriers to comply with all applicable federal, state and local laws and regulations governing such carriers.
FREIGHT CARRIAGE. FORWARDER warrants that it has entered into, or will enter into, bilateral contracts with each carrier it utilizes in the performance of this Agreement. FORWARDER shall be deemed the originating carrier on all shipments transported under this Agreement, regardless of whether FORWARDER is listed on the bill of lading.
FREIGHT CARRIAGE. BROKER warrants that it has entered into, or will enter into, bilateral contracts with each carrier it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state regulations and shall include the following provisions:
FREIGHT CARRIAGE. BROKER warrants that it has entered into, or will enter into a bilateral written contract of carriage with each carrier it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state laws and regulations and shall include the following provisions:
A) Carrier is in, and shall maintain compliance during the term of this Agreement, with all applicable federal, state and local laws relating to the provision of its services including, but not limited to: transportation of Hazardous Materials, (including the licensing and training of drivers), as defined in 49 C.F.R. § 172.800, § 173, and §397 et seq. to the extent that any shipments hereunder constitute Hazardous Materials; security regulations, owner/operator lease regulations; loading and securement of freight regulations; implementation and maintenance of driver safety regulations including, but not limited to, hiring, controlled substances, and hours of service regulations; sanitation, temperature, and contamination requirements for transporting food, perishable, and other products, qualification and licensing and training of drivers; implementation and maintenance of equipment safety regulations; Maintenance and control of the means and method of transportation including, but not limited to, performance of its drivers.
B) Carrier shall agree to defend, indemnify and hold BROKER and SHIPPER harmless from all damages, claims or losses arising out of its performance of the Contract, including cargo loss and damage, theft, delay, damage to property, and personal injury or death, to the fullest extent permissible under applicable federal and state law.
C) Carrier shall agree that its liability for cargo loss or damage shall be no less than that of a Common Carrier as provided for in 49 USC 14706 (the Xxxxxxx Amendment).
D) Carrier shall agree that the provisions contained in 49 CFR 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage.
E) The Parties agree that BROKER is the sole party responsible for payment of Carrier’s charges. Failure of BROKER to collect payment from its customer shall not exonerate BROKER of its obligation to pay CARRIER. BROKER agrees to pay Carrier's undisputed invoice within 30 days of receipt of the xxxx of lading or proof of delivery, provided Carrier is not in default under the terms of this Agreement. If BROKER has not paid Carrier’s...
FREIGHT CARRIAGE. BROKER warrants that it has entered into, or will enter into, bilateral contracts with each CARRIER it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state regulations and shall include the following provisions:
A. Carrier shall agree to defend, indemnify and hold BROKER and SHIPPER harmless from all damages, claims or losses arising out of its performance of the Agreement, including cargo loss and damages, theft, delay, damage to property, and personal injury or death
B. carrier shall agree that its liability for cargo loss or damages shall be no less than that of a Common Carrier as provided for in 49 USC 14706 the Xxxxxxx Amendment). Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability
C. BROKER shall agree to have in its possession, at all times during the term of the contract, a copy of carriers’ insurance certificate.
D. Carrier shall agree that the provisions contained in 49 CFR 370.1 et seq. shall govern the processing of claims for loss, damages, injury or delay to property and processing of salvage.
E. Carrier shall authorize BROKER to invoice SHIPPER for services by the Carrier. Carrier shall further agree that BROKER is the sole party responsible for payment of its invoices and that, under no circumstance, will Carrier seek payment from the Shipper, consignee or BROKER’s customer.
