Freight forwarders want to know when they will be paid, what kind of liability they might need to have other truck loading arrangements before they consider transporting it. Without the brokerage contract, truck freight cannot be booked and then transported. These terms and conditions (“Terms” or “Agreement”) apply to services provided by an air carrier (“CARRIER”) and provided on behalf of Precision Specialized Inc. (hereinafter “BROKER”). These General Terms and Conditions supersede all previous Conditions of Carriage and other prior statements regarding the fares and conditions of the Carrier`s services. These Terms and Conditions shall prevail in the event of any discrepancy or conflict between these Terms and Conditions and those of CARRIER, unless changes have been made with the prior written consent of a CARRIER officer. CARRIER reserves the right to modify, supplement or supplement these Terms and Conditions from time to time without notice. Copies of the carrier`s latest terms and conditions are available upon request. The general conditions of the carrier in force on the day of shipment apply. BROKER and CARRIER are together the “parties”.
In accordance with the terms of these Terms and Conditions, BROKER, a duly authorized and authorized freight or freight broker, undertakes to use CARRIER`s services by providing a broker offer to transport third party goods. By accepting a broker`s offer, CARRIER accepts all the terms and conditions set forth herein. BROKER has no obligation to request services from the CARRIER and the CARRIER has no obligation to accept requests for services, but this Agreement controls and governs all services offered by the BROKER and accepted by the CARRIER. THE CARRIER REPRESENTS AND WARRANTS THAT ES:A. Is a duly registered or authorized motor carrier of goods, which has the right to transport goods under contracts with shippers and insolvency administrators and/or brokers of general goods. B. Transports the property under its own operational supervision and subject to the terms of this Agreement;C. Makes the representations contained herein to persuade broker to enter into this Agreement.D. Agrees that the insertion of the broker`s name as a carrier by a shipper on a bill of lading is for the convenience of the shipper only and does not change the broker`s status as a real estate agent or the carrier`s status as an engine carrier.
BROKER is not a road transport operator and assumes no responsibility of the road carrier for the loss and damage of cargo. Not to remedy, co-arbitrate, subcontract, assign, interlineate or transfer the carriage of shipments under this Agreement to other persons or organizations carrying on business under another operating authority without the prior written consent of the BROKER. If the CARRIER violates this provision, the BROKER, in addition to all other remedies (whether in its equitable discretion or under the law), shall be entitled to pay the funds due to the Supplier Carrier directly to the Supplier Carrier instead of paying to the Carrier. After payment by the BROKER to the delivery carrier, the CARRIER is not released from any liability to the BROKER under this Agreement or otherwise, including any claim under MAP-21 (49 U.S.C. § 13901 ff.). In addition to the obligation to pay compensation in paragraph 1.H, the CARRIER will be liable for indirect damages due to the violation of this provision.F. (i) during the term of this Agreement, comply with and comply with all applicable federal, state, provincial and local laws regarding the provision of its Services, including, but not limited to: the transportation of hazardous materials (including the licensing and training of Haz-Mat qualified drivers) as defined in 49 C.F.R. § 172.800, § 173 and § 397 et seq. CARRIER undertakes to provide proof of compliance with the regulations upon request. (ii) Is solely responsible for the overall management, control, discipline, direction and control of its employees, owners/operators and equipment with respect to operations under all applicable federal, state and provincial legal and regulatory requirements to ensure the safe operation of CARRIERS vehicles, drivers and facilities.
THE CARRIER and the BROKER agree that the safe and legal operation of the CARRIER and its drivers will regulate and replace at any time and without question all service requests, requests, preferences, instructions and information of the BROKER or the BROKER`s CLIENT in connection with a shipment at any time.G. Will immediately inform BROKER if an operating authorization is revoked, suspended or rendered inactive for any reason; and/or if it is sold or if there is a change in ownership and/or any insurance required under this Agreement is terminated, cancelled, suspended or revoked for any reason. INDEMNIFY, INDEMNIFY AND HOLD HARMLESS THE BROKER, ITS AFFILIATES, CUSTOMERS, SHIPPER, RECEIVER AND SHIPPER FROM ANY CLAIM, ACT OR DAMAGE ARISING OUT OF THE PERFORMANCE OF THIS CONTRACT, INCLUDING LOSS OF AND DAMAGE TO CARGO, THEFT, DELAY, PROPERTY AND PERSONAL INJURY OR DEATH. THESE DEFENCE, INDEMNIFICATION AND SECURITY REQUIREMENTS APPLY IF THE CARRIER RENDERS ITS AFFILIATES, CUSTOMERS, SHIPPER, CONSIGNEE AND SHIPPER SOLELY NEGLIGENT OR CULPABLE; THESE DEFENSE, INDEMNIFICATION AND LIABILITY REQUIREMENTS ALSO APPLY IF THE CARRIER SIMULTANEOUSLY ACTS NEGLIGENTLY OR CULPABLY WITH THE BROKER, THE BROKER`S CLIENT, THE SHIPPER, THE SENDER, THE CONSIGNEE AND/OR THIRD PARTIES, INCLUDING CASES WHERE THE BROKER IS NEGLIGENT OR GUILTY. The obligation of the defense includes all attorneys` fees, expert fees and all other defense costs if incurred. Affiliates, shippers, customers and recipients of the broker are certain third party beneficiaries. The broker has the unlimited right to settle the claims mentioned in this exemption paragraph and to demand a defense and / or compensation from CARRIER. The broker also has the right to choose his own lawyer. The foregoing obligations shall survive the expiration or early termination of this Agreement.I. Does not have an “unsatisfactory” or “conditional” safety assessment issued by the Federal Motor Carrier Safety Administration (FMCSA), the U.S. Department of Transportation and/or any relevant Canadian federal or provincial agency, and will promptly notify BROKER in writing if its safety assessment is changed to “Unsatisfactory” or “conditional”.
authorizes broker to charge the carrier`s transportation costs to the sender, receiver or third party subject to payment.K. Investigates, monitors and agrees to conduct activities under this Agreement on the basis of BROKER`s creditworthiness and grants broker credit terms accordingly. For each vehicle used to provide services, carrier has on board an electronic recording device (“ELD”) of a supplier registered in the FMCSA ELD registry and notifies the BROKERS if the ELD fails during the provision of the services. THE CARRIER agrees that all shipments will be transported and delivered with reasonable shipment or as otherwise agreed in writing. The CARRIER must not violate any law, rule or regulation concerning the safety of highways or motor vehicles in order to deliver a shipment on time. Nothing in this Agreement shall be construed as requiring a driver to provide services within a specified period of time or to violate applicable working time regulations. THE CARRIER certifies that it will entrust the Driver with the provision of the Services only if, in accordance with the applicable regulations on working time, these Drivers have sufficient time to perform the tasks assigned by the Carrier. CARRIER warrants that (1) it will not violate California labor laws and (2) will not be on Port Drayage`s current list of motor carriers with unsatisfied court orders, tax notices, or tax privileges, as the case may be.2. . . .