Carrier Contract
Resource Logistics, Inc. Transportation Agreement
Dated:_____________________ This Master Agreement, between Resource Logistics, Inc., a Minnesota Corporation, hereafter designated as “RLI” and ________________ hereafter designated as “Carrier.” Witnesseth: 1. Carrier is a contract carrier of Property, authorized by permit #____________ to provide transportation of property to meet the distinct needs of RLI. 2. RLI is a duly licensed Freight Broker, licensed to arrange for the transportation of property by license# MC564094. 3. Carrier shall at all times during the life of this agreement carry the following insurance coverage: 1. Public Liability and property damage with a combined limit of $1,000,000. Such insurance policy shall name Carrier and RLI as insured with respect to liabilities for personal injury, including death and property damage arising out of ownership, maintenance, use and operation of the equipment. 2. All Risk Cargo coverage with a minimum of $100,000 to compensate RLI, owner or Consignee whenever release value is declared on Shipper’s or Carrier’s: Bill of Lading. Carrier shall provide evidence of “All Risk Common Carrier Liability Cargo Insurance” to RLI for the full value declared prior to movement of shipment. The Cargo insurance shall be in the form required by 49C.F.R. 1043.2 (b), and shall have no exclusions of any description. 3. RLI shall be named as Certificate holder and as additionally insured for the Public and Property damage liability and all risk Cargo insurance described above. Carrier will provide a copy of the insurance to RLI prior to movement of any shipments. All such insurance provided by Carrier shall be deemed to be Primary in the event of any loss or damage. 4. Carrier agrees to defend and hold harmless RLI against loss, damage or delay claims on each shipment transported by Carrier pursuant to this contract and shall be liable as a common carrier and insurer of the shipment. Carrier further agrees to defend and hold harmless RLI from any and all Liability costs and damages arising out of Carrier’s operation hereunder, including but not limited to all road, fuel and other taxes, fees or operating permits, related to the shipments transported by Carrier as arranged by RLI. Except as otherwise provided herein, each party hereto shall indemnify and hold harmless the other party hereto from and against loss, damage, fines, expenses, actions and claims for injury to persons (including injury resulting in death) and damage to property, caused by the actions or omissions of such party, its agents or employees. 4. Carrier shall assume full responsibility for, and shall pay, all state and federal taxes, assessments, insurance, (including, but not limited to worker’s compensation, unemployment compensation, disability, old age pension, and social security insurance) and other financial obligations arising out of the transportation provided hereunder. 5. RLI agrees to pay Carrier for applicable freight charges under the contract within 40 days of receipt by RLI of Carrier’s Freight Bill, Bill of Lading, and delivery receipt. The Bill of Lading shall note that the shipments were transported by the Carrier acting as a Carrier and that the shipments were arranged by RLI acting as a Freight Forwarder. All claims of the SHIPPER against the CARRIER for the loss, damage, or delay of shipments shall be governed by the terms and conditions set forth in the uniform straight bill of lading used by the parties for individual shipment transported under this agreement. Damages caused by delay of timely pick up or delivery caused by missed pick up or delivery appointments without prior notice include but are not limited to costs for rigging crews and equipment, penalties for missed installation dates and additional charges for additional loading or unloading staff. Missed deliveries caused by CARRIER breakdowns, driver illness, improper time management and record keeping (Log Books) shall be considered CARRIER responsibilities. CARRIER Authorizes SHIPPER to deduct claims from the line haul amount agreed to between CARRIER and SHIPPER. Further, such claims, if in excess of line haul amount shall be deducted from other outstanding invoices owed to CARRIER. The CARRIER agrees to maintain copies of said bill of lading, including proofs of delivery, for a period of three years from the date of shipment. 6. Carrier hereby retains the services of RLI as its agent for the solicitation and dispatch of merchandise available for transportation by motor vehicle with full power and authority to act in Carrier’s behalf for the sole purpose of securing merchandise and accepting payment for transportation. Carrier authorizes RLI to invoice Shipper, Receiver, Consignor or Consignee for freight charges as an agent for and on behalf of Carrier. RLI is hereby authorized and empowered to keep any amount over the charges agreed with the Carrier as its commission and fee. Payment for the freight charges to RLI shall relieve shipper, receiver, consignor or consignee of any liability to the Carrier for nonpayment of charges. 7. Neither party hereto will be liable for the failure to tender or timely transport of freight under this contract if such failure, delay or other omission is caused by strikes, acts of God, acts of war, war accidents, civil disorder, or through compliance with legally constituted order of civil or military authorities. 8. Carrier shall be liable to RLI for loss or damage to any property transported under this contract. Such liability shall begin at the time that the freight is loaded on or in Carrier’s equipment at the point of origin and shall continue until said freight is delivered to designated consignee at destination or to any intermediate stop off party. The liability shall be for the full value of the item, which shall be understood to mean the replacement cost of the lost or damaged item. 9. RLI shall submit to Carrier written notice of any cargo claims including loss or expenses resulting from Carriers delay in proving service, within twelve months of the delivery date of the shipment, or if no delivery, the date of occurrence resulting in a claim. The filing, processing and disposition of all claims by Carrier shall be governed by 49 C.F.R. 1005 et seq. 10. The relationship of the Carrier and RLI shall, at all times be that of an independent contractor, except that RLI shall be the agent for the Carrier for the collection of charges. 11. Carrier specifically agrees that all freight tendered to it by RLI shall be transported on equipment operated only under the authority of the Carrier, and that Carrier shall not in any manner sub-contract, broker or in any form arrange for the freight to be transported by a third party without the specific written consent of RLI. 12. Bill of Lading (BOL) supersedes the load confirmation sheet. Any discrepancy with the BOL and confirmation sheet must be reported to RLI immediately to be resolved. Failure to confirm or to deliver to correct address may result in non-payment of transportation invoices from RLI. 13. This agreement shall be construed in accordance with the laws of the state of Minnesota. All civil actions filed as a result of disputes arising out of this agreement shall be filed exclusively in the court of proper jurisdiction in the state of Minnesota. Carrier irrevocably agrees to submit to the jurisdiction of the courts of Minnesota and appoints the Secretary of the State of Minnesota as its agent for service in this regard to so serve if there is no other duly appointed agent for service in Minnesota for Carrier. 14. The parties agree that RLI has substantial experience and trade skills in the development and maintenance of a reliable customer base. Carrier agrees that it will not conduct business with any shipper, which became known to the Carrier through the actions of RLI at any time during the terms of this agreement. In the event of breach of this provision, Carrier shall be liable to RLI for the compensation that it would have received if RLI had arranged for the transportation of the shipments during the term of this contract. The terms of this contract shall commence with the acceptance of freight and returned and signed “Carrier Confirmation Sheet” for the first load hauled by Carrier and shall remain in force and effect for a period of twelve months from its effective date and from year to year thereafter, providing however that either party may terminate this contract upon not less than thirty days prior notice to either party. . Carrier:___________________________________
By:__________________________________
Title:_________________________________
Resource Logistics, Inc
PO Box 573
Hudson, WI 54016
By: Daniel Lodge (General Manager)