This broker carrier agreement template has 11 pages and is a MS Word file type listed under our finance & accounting documents.
Sample of our broker carrier agreement template:
CARRIER BROKER AGREEMENT This Carrier Broker Agreement (the "Agreement") is effective [DATE], BETWEEN: [NAME OF THE CARRIER], (the "Carrier"), an individual with his main address located at OR a Company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [NAME OF THE SHIPPER], (the "Shipper"), an individual with his main address located at OR a Company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] Collectively, the Carrier and the Shipper shall be referred to as the "Parties." WHEREAS, the Carrier is engaged in the business of transporting [SPECIFY PROPERTY/GOODS] ("Property") by [SPECIFY MODE], under its authority as a contract carrier; WHEREAS, the Shipper desires to avail itself of the transportation services of the Carrier to satisfy the specific and distinct needs of the Shipper in accordance with the provisions of this Agreement, and the Carrier is willing to provide such services to the Shipper; WHEREAS, both the Parties wish to evidence their Agreement in writing and both the Parties have the capacity to enter into and perform this Agreement; NOW THEREFORE in consideration and as a condition of the Parties entering into this Agreement and other valuable considerations, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows: CARRIER'S OPERATING AUTHORITY The Carrier, if regulated by the Department of Transportation (DOT) or a state or other government entity, represents that it is authorized by the appropriate regulatory agency thereof, to transport, as a contract carrier, Property, whether in bulk, dry freight or otherwise, in interstate, intrastate, or foreign commerce, from, to or between all points provided for herein, and to lawfully furnish to the Shipper all of the transportation and related services provided for herein. TERM The initial Term of this Agreement shall commence upon the execution hereof and continue for a period of [NUMBER OF YEARS] years, unless sooner terminated for cause as hereinafter provided, and shall continue in effect for consecutive periods of NUMBER OF [MONTHS] months each unless and until terminated by either Party hereto upon written notice to the other, given prior to the commencement of any such [NUMBER OF MONTHS] month period, to become effective at the expiration of such [NUMBER OF MONTHS] month period. ALL SHIPMENT UNDER CONTRACT Whether or not the Carrier is allowed to operate, or does operate, as a common carrier, each shipment tendered to the Carrier by the Shipper on or after the date of this Agreement shall be subject only to the terms of this Agreement and the provisions of law applicable to contract motor carriage hereunder. RECEIPTS AND BILL OF LADING The Carrier shall sign and promptly furnish to the Shipper a receipt in a form acceptable to the Shipper for each shipment received from the Shipper or his designee. If the Shipper elects to use a bill of lading or other form of freight receipt or contract for any shipment, the terms, conditions, or provisions of such bill of lading or other form shall be subject and subordinate to the terms of this Agreement, and, in the event of a conflict, the provisions of this Agreement shall govern. Upon delivery of each shipment, the Carrier shall prepare and/or obtain a receipt on a form acceptable to the Shipper, identifying the goods delivered, the condition of such goods, the location and Party receiving the goods, and the date and time of delivery. The Carrier shall comply with all record keeping requirements of the Shipper or otherwise imposed by applicable law relating to the services including, but not limited to the provision by the Carrier to the Shipper of bills of lading (collectively "Manifests") with respect to all Product loads. In this regard, where the Product is delivered to any Outlet on a "split-load" basis (that is, where the Product is loaded onto a single transport vehicle but is delivered to more than one Outlet), the Manifest provided by the Carrier to the Shipper shall describe the specific amount of the Product delivered to each Outlet with respect to any such split-load delivery. CARRIER'S OPERATION The Carrier shall furnish sufficient vehicles and accessorial equipment, adequately manned and maintained by it, necessary for the prompt transportation of the Shipper's freight and its delivery without undue delay in a safe, complete and efficient manner in performance of its transportation obligations under this Agreement. The vehicles and accessorial equipment shall be maintained and operated so as to prevent damage or contamination of transported Product(s) or other property, provided, however, that should the Shipper's volume experience temporary increases beyond that contemplated hereunder, the Carrier shall be required to provide additional equipment in reasonable quantities, under the circumstances presented. The Carrier, at its sole cost and expense, shall employ for its services hereunder only competent, able and legally licensed personnel. The Carrier agrees at all times to comply with all federal, state and local laws, rules and regulations, applicable to its operations hereunder. The Carrier shall comply with all fire, environmental and safety regulations of the Shipper or of its consignees applicable to the plants or properties of the Shipper or the consignee while the Carrier's equipment is at said location during transit or at points of origin or destination. The Carrier will make deliveries for the Shipper in the manner or at times requested or give the Shipper notice thereof and the reasons for its inability to make delivery as requested or at the times designated, but this shall in no way relieve the Carrier of liability, if any. The Carrier shall perform the loading, transportation and delivery services ("Services") in a prompt and efficient manner so as to (i) minimize Product shortages at the Outlets, and (ii) manage the Product inventory in accordance with the levels set forth in the Shipper's management systems, and (iii) deliver the Product in specific time frames as mutually agreed by the Shipper and the Carrier. The Carrier shall permit the Shipper to inspect the contents of the Carrier's transport vehicles, including periodic sampling and testing of the Products prior to any such Product being delivered to any of the Outlets. The Carrier shall notify the Shipper immediately of any sampling done or any inquiries made by employees, agents, or representatives by any governmental authority or other Party relating to any Products. The Carrier shall immediately stop the delivery of any Product when the Carrier either suspects or becomes aware that such Product has been contaminated, adulterated, or otherwise fails to conform with the requirements of any and all laws. The Carrier shall perform (subject to reasonable advance notification by the Shipper of its transportation and other transportation-related requirements) the Services in accordance with the requirements of the Shipper, and such requirements may be amended from time to time at the sole discretion of Shipper. Furthermore, where any Terminal is owned, leased, or otherwise controlled in whole or in part by a third party, then the Carrier, its employees, agents, representatives and contractors shall comply with all access, use and other requirements of any such third party relating to that Terminal. RATES, CHARGES AND PAYMENT As full compensation for the Services provided by the Carrier hereunder, the Shipper shall pay the Carrier in accordance with the rates, charges and other provisions set forth in EXHBIT A attached hereto and made a part hereof
