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By signing and submitting this Service Agreement (hereafter “Agreement”) online, sending via fax or requesting via email, the Customer (hereafter “Shipper”, “you”, “your”) affirms that they understand and agree to all the terms listed herein in part and in whole and that they are hiring Plymouth Auto Transport, LLC (hereafter “PAT”), a licensed & bonded transportation brokerage (MC#768999), to provide any and all services required to arrange the shipment of their vehicle(s) with a Common or Contract Carrier (hereafter “Carrier”). You also verify that you have read, understand, and will abide by the following terms and conditions without protest. This contract supersedes all prior written and oral representations of PAT and constitutes the entire agreement between the Shipper and PAT and may not be changed except in writing signed and dated by you and an officer of PAT. Having accepted this quote, the Shipper, authorizes the officer(s)/agent(s) of PAT to operate as their representative to fully insured and validly licensed motor carriers and to hire a reputable transporter to ship their vehicle(s)/equipment/freight/etc. The Shipper also expresses that they have fully read and understand the terms and conditions of this agreement to include available insurance options, and authorizes payment to be made using the method selected by PAT in accordance with the terms of this agreement.
Terms & Conditions:
OWNERSHIP – The Shipper warrants that they are the registered legal owner of the vehicle, or that they have been authorized by the legal owner(s) to enter this agreement. The Shipper agrees to pay the final price for delivery of the vehicle(s), including all COD amounts and any additional charges agreed upon and set forth in the “Dispatch Agreement” between PAT & Carrier. The Dispatch Agreement will be provided upon request only when a valid carrier has been contracted for transportation of the vehicle(s), and any COD’s listed therein must be paid in cash, cashier’s check or money order to the assigned carrier.
VEHICLE CONDITION – Your vehicle(s) is/are considered in operational condition and must be able to be driven onto and off of the carrier under the vehicle’s own power at all times during shipment unless clearly noted on your order as ‘In-op’ or ‘Non-operational’. Non-operational vehicles must roll, brake and steer. Vehicles that are non-operational or become non-operational during shipment, for any reason, will be subject to an additional, industry standard, non-operational fee of $150.00 per vehicle. The Shipper shall inform PAT if the vehicle is inoperable (unable to be driven under its own power) or oversized (lift kit, oversized tires, dually, etc.). If PAT & Carrier are not informed of inoperable vehicle(s) prior to pick-up, any additional charges to accommodate transport of the inoperable vehicle(s) must be paid prior to delivery. The Shipper shall prepare the vehicle for shipment including the removal of all non-permanent outside mounted luggage and other racks prior to shipment unless otherwise allowed by Carrier.
PAT recommends each vehicle(s) contain no more than ¼ tank of fuel, as well as the removal of all personal items. Carrier requires you to prepare your vehicle(s) for transport by disarming any alarm systems and/or providing necessary remotes for alarm systems, and removing or retracting all loose and/or protruding accessories from your vehicle(s). You agree and understand that your vehicle(s) must be free of contents as neither PAT nor Carrier are licensed to handle the transportation of “Household Goods.” Damage to, loss of or fines levied to Carrier resulting from any unauthorized contents present in the vehicle during shipment are the sole responsibility of the Customer.
Your total price for the transportation of your vehicle(s) is factored using numerous pieces of information including, but not limited to, the size and/or weight of the vehicle(s). Misrepresentation to PAT of the vehicle(s) size and/or weight may result in additional fees and/or the cancellation of the order. Orders canceled due to misrepresentation of the vehicle(s) will forfeit any service fees that have been previously paid.
It is your responsibility to ensure that the vehicle(s) is/are ready to be released to the chosen Carrier by the projected pickup date given on the order. Failure to release the vehicle(s) to the chosen Carrier on or after the date given by you when placing your order may result in a ‘Dry Run’ Fee. Industry standard for a ‘Dry Run’ fee is $100.00.
INSURANCE – The Shipper accepts that the vehicle(s) will be primarily insured and covered for loss by the Carrier’s cargo insurance as defined by the limits set forth by their individual policies. A contingency cargo insurance for claims up to $100,000.00 is also provided at no additional charge by PAT and ensures coverage in lieu of what the Carrier insurance provides. Carrier and/or the Shipper shall be responsible for the $1,000.00 deductible in the unlikely event any damage claims are filed against the contingency policy. Finally, excess cargo insurance is available upon request, and PAT will file for the requested amount with the insurance provider of PAT’s own choosing. Upon approval by the underwriter(s), the excess insurance will be paid for entirely by the Shipper and charged by PAT using the payment method selected by PAT. Purchasing excess insurance will also incur a separate filing fee of $50.00 payable to PAT. ANY CLAIM FOR LOSS OR DAMAGE MUST BE NOTED AND SIGNED BY THE SHIPPER AND CARRIER ON THE CONDITION REPORT AT TIME OF DELIVERY. SIGNING THE CARRIER’S BILL OF LADING AT DESTINATION WITHOUT NOTATION OF DAMAGES SHALL BE EVIDENCE OF SATISFACTORY DELIVERY OF THE VEHICLE(S), AND THE SHIPPER SHALL BE PRECLUDED FROM FILING ANY CLAIMS TO THE CONTRARY.
All Carriers selected by PAT are required to maintain a policy with at least $100,000.00 of cargo insurance to protect your vehicle(s) during transport to the destination. However, the Carrier may choose, at their own discretion, to cover any damage directly by repairing, paying for repairs, or offering reimbursement for approved repairs.
You may, at any time, request and receive from PAT, a copy of the Operating Authority as well as the Insurance Certificate for the Carrier selected for your order. Copies of the Carrier’s direct bill of lading may be obtained from the Carrier’s driver and/or their main office at the phone numbers provided. You are further granted the right and ability to refuse the service of the selected Carrier based on this or any other information and to request to be set up with a different Carrier by PAT, however this will constitute a new order and you will be charged an additional deposit of $50.00 per vehicle.
LIMITATION OF LIABILITY – PAT & Carrier shall not be liable for damage or loss excluded or limited by their separate insurance policies; examples of such exclusions and limitations may include but are not limited to the following: damages caused by mechanical malfunctions; defective or insufficient brakes, parking brake or parking gear; overloaded vehicles; acts of God; damage caused by tie downs that break or tear due to vehicle’s age or conditions; any damages caused by the loading or unloading of inoperable and low profile vehicles; any convertible tops that are loose, torn, or have visible wear, bras, or any other type of canvas or material covering, leaking fluids, freezing, or antennas not tied down. Inspection of mechanical functions, exhaust systems, alignment, suspension or tuning of engine are not practical at time of shipment. If the vehicle shall become inoperable during transport an additional fee of $150.00 minimum will be charged to the Shipper. Any claim of damages caused by assigned Carrier must be reported immediately to Carrier and/or their insurance provider. Shipper may not file any claim against PAT beyond the scope of liability for property brokers as provided within Title 49 USC & 49 CFR Subtitle B. Shipper will not seek to charge back a credit card or stop a check to offset any dispute for damage claim.
You agree and understand that when the Carrier accepts and transports your vehicle(s), they will perform a vehicle inspection and provide a report (aka “Bill of Lading”) at the origin. You should not, under any circumstances, release a vehicle to a Carrier without a vehicle inspection report. This Agreement is subject to all the terms and conditions of the Carrier’s straight bill of lading specifically pertaining to any liability exclusions. You and Carrier, or your Agent and Carrier, are both required to sign and verify the initial vehicle inspection report. Failure to do so could result in your inability to process a damage claim. Within the scope of their individual insurance policies, the Carrier assumes responsibility for any damage not noted on the initial vehicle inspection report from that point, and throughout the transportation period, until the vehicle(s) is/are delivered at the agreed destination.
PAT has no responsibility or liability for any damage to the vehicle(s) during transport or at any other time. You and Carrier, or your Agent and Carrier, must thoroughly inspect the vehicle one final time upon delivery and both must sign the final vehicle inspection report. In the event there is damage during transport, You or your Agent must note those damages on the final vehicle inspection report, pay the remaining balance due that is stated on the Carrier contract and then contact the Carrier’s main office and, subsequently, their insurance company. Failure to note any damage on the final vehicle inspection report releases the Carrier of liability and could result in your inability to process a damage claim.
DEDUCTIBLE COVERAGE – To provide additional assurances to you, PAT provides the following deductible coverage pursuant to the following limitations: If there is damage to your vehicle, but the Carrier and its insurance company fail to pay the claim (outside of the Carrier’s or insurance policy’s standard exclusions) on damage that was clearly caused by the Carrier, requiring you to either pay for repairs or file a claim with your own insurance company or our contingency cargo policy, PAT will provide the Shipper up to $1,000.00 in order to cover your out-of-pocket expenses or the deductible.
For example, if you file a claim under your insurance policy and your deductible is $500.00, upon acceptance by PAT, you’ll receive $500.00. If your lowest repair estimate is $250.00, upon acceptance by PAT, you’ll receive $250.00. The amount you receive is contingent on the amount of coverage you purchase prior to shipping your vehicle(s).
You understand and agree that PAT, by offering this ‘Deductible Coverage’, does not accept any liability for damages occurring before, during or after transport. Further, to request this coverage from PAT, you must first file a claim with Carrier and Carrier’s insurance company and be denied. Also, you need to provide documentation that the Carrier claim was denied as well as either three individual repair estimates or proof that you filed a claim with your own insurance carrier.
This coverage is only available upon request and receipt of an additional fee; minimum fee is $25.00 for the base $100.00 coverage. Coverage is available up to $1,000.00 upon request. Coverages will be charged to the Shipper as follows:
$100.00 – $499.99
$500.00 – $749.99
$750.00 – $1,000.00
This coverage will not be valid on any orders where PAT has reduced the Listing or Reservation Fees to any amount lower than $250.00 total per vehicle unless requested by our qualified Military, Veteran, and First Responder customers with Reservation Fees equal to $125.00 total per vehicle. PAT may withdraw or amend this coverage at any time, without further notice. In the event such withdrawal or amendment occurs while a vehicle with said coverage is in transit, PAT reserves the right to refund the Shipper the amount paid for that coverage.
TRANSIT TIMES & GUARANTEES – PAT does not agree to transport the vehicle on any particular truck, nor in time for any particular event, due to possible delays caused by weather, road conditions, mechanical problems, etc. Carrier shall use its best efforts to deliver the vehicle within the estimated time; however unforeseeable factors previously mentioned may delay delivery beyond the estimated time. PAT & Carrier do not guarantee the date or time of pick-up and/or delivery. You may request a specific pick up date at least 48 hours in advance, and such guarantee will incur an additional $400.00 per vehicle which is added to the deposit and nonrefundable.
Once a Carrier is assigned to your vehicle(s), you will be given the estimated dates of pickup (and delivery when possible) as well as the Carrier name and direct business phone number. Any dates given are the Carrier’s projections only and are given solely to assist both you and the Carrier in the general arrangement of your schedules; dates given are not guaranteed, as certain conditions can alter a Carrier’s schedule (i.e. weather, road conditions, mechanical problems, etc.) As such, you agree to hold PAT harmless for any expenses incurred as the result of any delays, including, but not limited to, any car rental fees or living accommodation expenses you incur. It is strongly recommended that you maintain reasonable contact with the Carrier and/or PAT to stay up to date on any schedule changes.
MONEY BACK GUARANTEE – If applicable, PAT will refund your Listing Fee ($50.00 per vehicle) if we are unable to secure a carrier to transport your vehicle(s) within three (3) weeks of your selected availability date.
RESTRICTED ITEMS – Vehicle should be free of any personal or household items. PAT & Carrier are not responsible for personal items left in vehicle, or for damage caused to the vehicle from excessive or improper loading of personal items. The following items are prohibited for shipment: electronic equipment, valuables, plants, pets, alcohol, drugs, firearms, explosives, ammunition, flammables, jewelry, furs, money or contraband.
ADDITIONAL CHARGES – In the event the Shipper is unavailable or unreachable within 24 hours prior to the scheduled delivery date, a storage and redelivery charge may be assessed pursuant to the Carrier’s company policies. The Shipper shall pay all costs, including storage, towing and additional delivery costs incurred because of Shipper’s breach of any warranty or obligation under this agreement. The Shipper agrees to hold PAT & Carrier harmless of any costs, expenses, damages, losses and claims caused by Shipper’s breach of any warranty or obligations under this agreement. Auto rental accruals will not be honored.
*** PLEASE, READ THE FOLLOWING TERMS CAREFULLY ***
PAYMENTS & DELIVERY – The Shipper agrees to pay the final contract amount using the method provided by PAT without additional notice if the final contract amount is equal to or less than the original amount quoted. PAT is permitted to dispatch the Shipper’s vehicle(s) without additional notice if the anticipated load date falls within 3 days of the first available date noted within this agreement. PAT will provide notice of the total charges via email, phone call, voice message, or text message if the amount exceeds the original quote. PAT may assume these changes have been agreed to if the Shipper has not responded with 12 hours of being notified of these changes, and may dispatch the Shipper’s vehicle to Carrier.
All charges will be divided as follows: at the discretion of PAT, the Shipper will be charged $50.00 per vehicle, which constitutes PAT’s Listing Fee, on receipt of your order. PAT will not charge our Reservation Fee (Average = $200.00 per vehicle) until a Carrier is assigned and confirmed to pick up, transport and deliver the vehicle(s) listed on your order. Once the selected Carrier’s information is provided to you, this nonrefundable Reservation Fee charged by PAT is due and payable and may be charged by PAT to the card you have provided at any time. Upon releasing your vehicle(s) to the Carrier selected, you accept the service from PAT to be complete. Any Fees/Deposits due to PAT but not paid by the time the vehicle(s) is/are loaded onto the selected carrier will become past due. You will be granted a one (1) day grace period from the time of pick up to settle any past due amount. Amounts still due beyond the one (1) day grace period will be assessed a $50.00 past due fee per vehicle which will be added, along with the past due amount, to the Carrier’s balance due amount and collected by the Carrier before the vehicle(s) will be released at the delivery point.
Carrier will contact you by phone at the numbers you provided, to schedule an appointment for pickup and delivery of the vehicle(s). It is your responsibility to verify that all contact phone numbers given to PAT and subsequently to the Carrier are correct. If you are unable to meet the driver for an appointed time for pickup or delivery, you may designate an Agent on your behalf to release and/or accept the vehicle(s). You understand that if neither you nor your Agent can accept and/or remit proper payment for the vehicle(s) on delivery at the destination, the vehicle(s) may be stored in a facility chosen by the Carrier at your expense.
If the Carrier is unable to safely access the pickup or delivery addresses provided by you, you agree to meet the Carrier at a nearby location, for the Carrier to safely pick up or drop off your vehicle(s). In the alternative, you will allow the Carrier, at their discretion, to hire a local service, (i.e. flatbed) at the Carrier’s expense, to assist the Carrier in providing ‘door to door’ pickup or delivery.
Payments for the balance due to the Carrier must be made on or before delivery of your vehicle(s), unless payment on pickup is pre-arranged. The Carrier only accepts Cash or Cashier’s Check for payments made directly to the driver upon delivery. It is your responsibility to verify the Carrier’s preferred method and/or the proper spelling of their Company’s name for such payment.
PAYING WITH BITCOIN – The Shipper may elect to pay any amount from $250.00 up to the entire cost of transport with Bitcoin. Any payments made in Bitcoin will be subject to the following: 1) all Bitcoin payments will be credited to the balance due at the rate of the original payment in USD, 2) PAT charges a 1.5% processing fee for all Bitcoin payments prior to crediting USD amount to order, 3) any unpaid balances may be demanded via other payment methods of PAT or Carrier’s own choosing, 4) any refunds requested will be processed within 24 hours and will be issued in Bitcoin less the original processing fee at the current market price of the initial Bitcoin amount (ex: paid 0.15 BTC = refund 0.14775 BTC) or at the original amount in USD less the processing fee, whichever is less. PAT may withdraw or amend this payment method at any time, without further notice.
FORFEITURE OF DEPOSITS & CANCELLATION FEE – The Shipper may cancel their order without penalty at any time prior to the vehicle(s) being picked up. However, any cancellations ordered after the vehicle(s) has been contracted to Carrier will result in forfeiture of all deposits and/or fees with PAT or a nonrefundable $50.00 cancellation fee per vehicle which may applied to any shipment scheduled within 12 months of cancellation. The Shipper will not seek to charge back the cancellation fee, or any fees assessed prior to cancellation for any reason including but not limited to PAT’s or Carrier’s inability to provide transportation services as initially requested by the Shipper. PAT will exempt all military personnel, veterans and first responders with verifiable identification from payment of the cancellation fee. PAT may extend any additional deposits as credits towards a future shipment at the sole discretion of PAT’s officers.
DRIVER CANCELLATION & REFUNDS – If the Carrier cancels the Dispatch Agreement at any time up to loading the vehicle, PAT guarantees to maintain this agreement with the Shipper indefinitely without seeking additional payment for PAT’s service. If PAT is unable to reassign the Shipper’s vehicle to an alternate carrier, or the Shipper cancels this agreement with PAT, any fees or deposits already paid will be nonrefundable but may be applied as credit towards any shipment scheduled within 12 months of cancellation.
PAYMENT SELECTION AMENDMENTS – PAT reserves the right to amend the method of payment in response to the Shipper’s failure to submit payment using the method selected by PAT or if the payment information provided proves to be invalid in any way. In these cases, PAT will notify the Shipper & Carrier of these changes by email, phone call, voice messages, or text message and the Shipper agrees to accept these changes without requiring additional notification or signed agreement.
GPS TRACKING SERVICE – The Shipper may request GPS tracking provided by PAT via our AutoTracker service any time up to 72 hours in advance of scheduled pick up. Separate terms of service will be provided covering the use of the GPS as well as a detailed lease/purchase agreement. In short, the GPS including a lifetime service plan is provided to the Shipper with a deposit of $250.00 plus shipping. If returned within seven (7) days of the actual delivery date, the Shipper will be refunded $125.00. Failure to return the GPS tracking device within seven (7) days of delivery will result in forfeiture of the $250.00 deposit. The Shipper may request the GPS tracking service even if the vehicle being shipped is not contracted to PAT.
BY SIGNING THIS AGREEMENT, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO ALL TERMS STATED HEREIN WITHOUT PROTEST.
Enforcement & Agent Commitment:
This Agreement shall be construed and enforced in accordance with the laws of the State of Florida and PAT and the Shipper shall submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Broward County, State of Florida. If litigation results from or arises out of this Agreement or the performance thereof, the prevailing party shall be entitled to recovery of its costs and reasonable attorney’s fees.
The officer(s)/agent(s) of Plymouth Auto Transport, LLC pledge to conduct themselves in a professional and responsible manner while operating as the Shipper’s representative to fully insured and validly licensed motor carriers, and promise to communicate effectively and respond promptly to all questions and inquiries required by the Shipper. Furthermore, the officer(s)/agent(s) will use the best judgment when seeking to hire a reputable carrier to transport the Shipper’s vehicle, and will disclose all opportunities to the same end.
This BROKER/CARRIER Agreement is being entered into by and between PLYMOUTH AUTO TRANSPORT, LLC (hereinafter referred to as “BROKER”), and THE CARRIER LISTED ABOVE UNDER “CARRIER INFORMATION”, (hereinafter referred to as “CARRIER”) as defined below, on the date listed above as the “Dispatch Date”.
PLYMOUTH AUTO TRANSPORT, LLC is the “BROKER” as that term is defined under 49 U.S.C. § 13102(2) or any regulation, amendment, or renumbered law by which the United States or any agency thereof defines a trucking broker and any applicable federal or state regulations, statutes, decisional law, or administrative law. BROKER will arrange for the freight tendered by a shipper to be transported by CARRIER under the means, manner, method, and terms selected by the shipper or CARRIER, but BROKER is not engaged in the business of and will not act as a “Carrier,” “Motor Carrier,” or “Freight Forwarder,” as those terms are defined under 49 U.S.C. § 13102, and BROKER is not engaged in the business of and will not act as a “Rail Carrier” as that term is defined under 49 U.S.C. § 11706.
THE CARRIER LISTED ABOVE UNDER “CARRIER INFORMATION” is the “CARRIER,” and hereby agrees to transport freight identified by BROKER as requiring transportation services.
BROKER and CARRIER will sometimes be referred to collectively as “The Parties.
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.
BROKER Requirements- BROKER warrants that it is licensed to arrange for the transportation of freight pursuant to license MC768999, but that it does not transport freight, and that it will maintain such authority as required by all applicable federal and state laws and regulations throughout the course of this Agreement. BROKER also warrants that it will maintain a surety bond or trust fund agreement as required by the Federal Motor Carrier Safety Administration in the amount of $75,000.00, or in such amount as may be amended from time to time and furnish CARRIER with proof of same upon request.
BROKER Obligations- When applicable, BROKER shall pay CARRIER for services rendered in an amount equal to the rates and charges agreed to as set forth and listed above as “Total Payment to Carrier” and according to the terms detailed above within the “Order Information” section. As a condition precedent to payment, CARRIER must submit proof of delivery with its invoices, and the invoices must reflect that CARRIER delivered the freight to its destination. BROKER may, at its own discretion, withhold up to 100% of the Total Payment to CARRIER for failure to deliver, late delivery, failure to provide damage claims process to SHIPPER when BROKER’s contingency cargo insurance policy has been or will be held liable for damages caused by CARRIER, or to cover the cost of storage fees at origin or destination when CARRIER has requested such service. When applicable, the rate at which BROKER will withhold from the Total Payment to CARRIER will be equal to no less than $100 per day. In the event 100% of CARRIER pay has been withheld, but delivery has yet to occur, the CARRIER will be liable for reimbursement of the additional expenses and invoiced accordingly.
BROKER agrees to arrange for the transportation of a shipper’s freight with CARRIER pursuant to the terms of this Agreement, and to comply with all federal, state, and local laws and regulations pertaining to the brokerage services covered by this Agreement.
The Parties agree that BROKER’S responsibilities under this Agreement are limited to arranging for the transportation of a shipper’s freight with CARRIER, and not actually performing the transportation services, possessing the freight, or controlling the means or methods of the transportation.
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 Department of Transportation to provide interstate transportation services, 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.
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 including, but not limited to: training of drivers, qualification of drivers, transportation of Hazardous Materials, (including the licensing and training of Haz Mat qualified drivers, as defined in 49 F.C.R. §172.800, §173, and §397 et seq. to the extent that any shipments hereunder constitute Hazardous Materials; security regulations, Part 309.46 as well as any other regulations relating to Intermodal equipment; 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; and all applicable insurance, financial responsibility and surety laws and regulations including but not limited to workers’ compensation; as well as the Federal Motor Carrier Safety Regulations (FMCSRs), and any applicable state trucking regulations.
CARRIER will notify BROKER immediately if its federal Operating Authority is revoked, suspended, or rendered inactive for any reason; and/or if it is sold, of if there is a change in control of ownership, and/or any insurance required hereunder is threatened to be or is terminated, cancelled (whether by an insurer or surety provider by CARRIER, or by any person or entity), suspended, or revoked for any reason.
CARRIER agrees to maintain a U.S. DOT safety rating or evaluation of “fit,” “satisfactory,” or whatever is the highest rating described by the U.S. DOT, FMCSA, CSA or equivalent governmental agency authority or evaluation method for the duration of this Agreement. Any change in CARRIER’S safety rating requires immediate written notification to BROKER. CARRIER may not have an unsatisfactory or conditional rating under any rating system. If CARRIER’S rating becomes conditional or unsatisfactory, CARRIER’S no longer authorized as a CARRIER under this Agreement.
CARRIER represents that it is not on alert status as to any BASIC under the DOT/FMCSA, CSA safety management system. If CARRIER receives an alert status as to any BASIC, it must immediately notify BROKER by fax at (877) 486-9092, by e-mail at SUPPORT@PLYMOUTHAUTOTRANSPORT.COM and by regular U.S. Mail to 6574 NORTH STATE ROAD 7 #270 COCONUT CREEK, FL 33073 and forward a copy of any alert status as to any BASIC, or whether that BASIC is available for public viewing under any governmental website or not. CARRIER will not be permitted to be on BROKER’S approved list should CARRIER be on alert status as to two or more BASIC’s
CARRIER agrees that only drivers qualified under Part 391 of the Federal Motor carrier Safety Regulations (FMCSRs) will transport freight under this Agreement. CARRIER further agrees that it will maintain adequate internal procedures to evaluate its drivers through Pre-Employment Screenings, Driver Information Resource, the U.S. DOT Safety Management System, CSA and any other official resources related to driver fitness, and ensure that its drivers are otherwise qualified under the FMCSR’s throughout the duration of this Agreement.
Upon reasonable demand, CARRIER shall provide to BROKER copies of its DOT Operating Authority Policy of Insurance, including all endorsements, Certificate of Insurance surety or financial responsibility.
When applicable, CARRIER shall pay BROKER for services rendered in an amount equal to the rates and charges agreed to as set forth and listed above as “Carrier owes Company” and according to the terms detailed above within the “Order Information” section.
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.
BROKER-CARRIER Relationship- CARRIER agrees and acknowledges that as the motor carrier transporting a shipper’s freight pursuant to this Agreement, CARRIER is an independent contractor, and not an employee, agent or principal of BROKER. CARRIER further agrees and acknowledges that its employees and agents, including the driver or drivers transporting freight, are not the employees or agents of BROKER, and that BROKER does not control or have the right to control the CARRIER, its employees, agents, drivers, or any person or entity associated with the CARRIER. BROKER further makes no representations as to CARRIER’S safety status/representation or any other aspect of CARRIER’S fitness beyond that set forth in Section 4 above.
At times, the BROKER may suggest when pickup and delivery should be made to reflect the wishes and desires of the shipper and/or consignee. However, these times are not mandated or required times. In no event shall CARRIER be required to, and in no event, shall BROKER require CARRIER to meet any times, violate any safety regulations or best practice or otherwise act unsafely to meet the suggested or target time.
No Broker Liability- CARRIER agrees and acknowledges that BROKER will not be liable to a shipper for any act or omission of the CARRIER or any of its “employees” which transport a shipper’s freight, as the term “employee” is defined under 49 C.F.R. §390.5 or for any of CARRIER’s Agents, Principals, Assigns or Subcontractors. CARRIER thus agrees and acknowledges to indemnify and hold harmless BROKER for any cargo loss or damage, or for delay in the delivery 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 monetary insurance limits for general liability 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, damage to property, personal 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 paragraph above, is valid or provides coverage, the Parties indemnity obligations shall not exceed the monetary insurance limits referred to in the paragraph above.
No Broker Control- The Parties agree that BROKER will not assert any control nor have any right to 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.
CARRIER Liability- CARRIER hereby assumes the liability of a motor carrier as provided in §11707 of Title 49 of the United States Code as well as the Carmack Amendment and all other applicable law relating to the liability of a Motor Carrier for Cargo Loss, and all claims for loss, damage and/or salvage will be handled and processed in accordance with that law.
Bills of Lading-
For each shipment tendered to CARRIER, CARRIER will provide to the shipper a standard bill of lading that is in accordance with 49 C.F.R. §373, listing the consignor and consignee, the origins and destinations, the number of packages, the description of the freight, and the weight, volume, or measurement of the freight. The Parties agree that BROKER will not be a party to the bill of lading.
CARRIER agrees that a BROKER’S name WILL NOT BE LISTED, as the carrier on a bill of lading. Such a listing is not authorized by BROKER and if it should occur the listing shall not change BROKER’S status as a property broker nor CARRIER’S status as a motor carrier. In no event shall the BROKER be listed or referenced on or be a party to the bill of lading.
CARRIER will not re-broker, assign or interline the shipments hereunder, written consent of BROKER prior to the shipment being tendered to any other CARRIER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER. Upon BROKER’s payment to delivering carrier, CARRIER, shall not be released from any liability to BROKER under this Agreement. In addition to the indemnity obligation in Paragraph 7 CARRIER will be liable for consequential damages for violation of this Paragraph.
The Parties agree that the shipment of freight will move under the terms and conditions listed in the bill of lading.
CARRIER agrees to list itself on the bill of lading as the party in possession and control of the freight.
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.
CARRIER shall issue a bill of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto) also commonly known as the Carmack Amendment, for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become fully or constructive possession, responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a bill of lading has been issued, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the bill of lading or delivery receipt. Any terms of the bill of lading (including but not limited to payment terms, released rates, or released value) inconsistent with the terms of this Agreement shall be 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. The Parties intend said Bills of Lading 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.
Non-Solicitation of Shippers- CARRIER agrees that it will not directly or indirectly conduct business with any shipper whose freight was transported pursuant to this Agreement for a period of two (2) years beginning with the last day such service was performed for that shipper. The Parties agree that a breach of this provision shall entitle BROKER to the full amount of commissions and/or compensation equal to what would have been due to BROKER had it arranged for the movement of said freight. This amount shall not be less than $250 per shipment.
Assignment/Modifications of Agreement- Neither CARRIER or BROKER may assign or transfer any rights under this Agreement, in whole or in part, without the prior written or electronic consent of the other party. Further, neither CARRIER or BROKER may amend or modify the terms of this Agreement without the prior written or electronic consent of the other party. Any amendments or modifications to this Agreement not agreed to by both CARRIER and BROKER shall be null and void.
Insurance – CARRIER shall furnish BROKER with Certificate(s) of Insurance; financial responsibility or insurance policies providing thirty (30) days advance written notice of cancellation or termination; and unless otherwise agreed, subject to the following minimum limits; General liability, commercial auto and/or commercial motor vehicle insurance (including hired and non-owned vehicles) $1,000,000.00, ($5,000,000.00 if transporting hazardous materials including environmental damages due to release or discharge of hazardous substances); cargo damage/loss, $100,000.00; 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. A MCS-90 endorsement will be part of any insurance policy obtained by CARRIER, and all proper filings, including but not limited to the BMC-90 will be made with the applicable federal and state agencies.
As regard cargo coverage, the coverage must be All Risk Broad Form Motor Truck Cargo Legal Liability Coverage in an amount not less than $100,000.00 per occurrence. The coverage provided under the policy shall have no exclusions or restrictions of any type that would foreseeably preclude coverage relating to cargo claims including, but not limited to, exclusions of unattended or unattached trailers, 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. Coverage must be written with a CARRIER rated A- or better as rated by AM Best Company.
Non-Exclusive Agreement: CARRIER and BROKER acknowledge and agree that this contract does not bind the respective Parties to exclusive services to each other. Either party may enter into similar agreements with other carriers, brokers, or freight forwarders.
Waiver of Provisions:
Failure of either Party to enforce a breach of waiver of any provision or term of this Agreement shall not be deemed to constitute a waiver of any subsequent failure or breach, and shall not affect or limit the right of either Party to thereafter enforce such a term or provision.
This Agreement is for specified services pursuant to 49 U.S.C.§1410(b). To the extent that terms and conditions herein are inconsistent with Part (b), Subtitle IV, of Title 49 U.S.C. (ICC Termination Act of 1995), the Parties expressly waive any or all rights and remedies they may have under the Act.
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.
Notices- Any and all written or electronic notices required or permitted to be given under this Agreement shall be addressed as listed above under “CARRIER INFORMATION” and “AGENT INFORMATION”.
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.
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 Florida, including the applicable statutes of limitations under Florida law, without giving effect to any choice of law provision applying the laws of another jurisdiction.
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.
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.
Modification of Agreement – This Agreement and Exhibit A et seq. attached may not be amended, except by mutual written agreement, or the procedures set forth above.
IN WITNESS WHEREOF, The Parties have caused this Agreement to be executed on the effective date listed above as the “Dispatch Date” in their respective names by their fully authorized representatives having electronically dispatched and accepted this order.
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