This Agreement is made on the day of , 20 between PIA Dispatching Services
LLC referred to as (DISPATCHER) and
(Company Name) (Company Contact), Carrier MC#
OBLIGATIONS OF DISPATCHER:
PIA Dispatching Services (Company):
- COMPANY will assist with all aspects of the freight booking process for a CLIENT/CARRIER.
- COMPANY will act as CLIENT/CARRIER’S non-exclusive representative when dealing with brokers and complete any necessary documentation on behalf of CLIENT/CARRIER
- COMPANY will locate freight that best matches the parameters of the CLIENT/CARRIER.
- Upon the CLIENT/CARRIER'S approval, COMPANY will email to the shipper/broker the CLIENT/CARRIER’S credentials (Authority, MC#, W-9, Insurance Certificate, Carrier Profile, Trade References).
- COMPANY can handle invoicing for the CLIENT/CARRIER for an agreed-upon fee.
- COMPANY bears no financial or legal responsibility in the transaction(s) between the shipper and carrier agreement.
- COMPANY is not responsible for CLIENT/CARRIER’S hours of service.
OBLIGATIONS OF CLIENT/CARRIER:
Client/Carrier agrees with the following:
8. Process: CLIENT/CARRIER gives COMPANY authority to provide his signature for rate confirmation sheets, invoices, and associated documentation necessary for securing cargo and billing purposes.
9. Payment: CLIENT/CARRIER shall pay COMPANY for services provided.
10. Equipment: CLIENT/CARRIER will provide its own equipment.
11. Insurance: CLIENT/CARRIER will carry at its own expense physical damage, bobtail, cargo, and liability insurance upon any vehicles or other equipment used by it in carrying out its duties under this agreement. CLIENT/CARRIER shall be liable for loss, damage, or liability caused during the transportation of property, arranged by DISPATCHER, SHIPPER while in the possession of CLIENT/CARRIER.
a. Required Insurance Documents
i. $100,000 required cargo coverage
ii. $1,000,000 combined bodily injury and property damage coverage
iii. $1,000,000 required auto liability coverage
12. Labor and Hold Harmless: CLIENT/CARRIER shall, at its own expense:
A. Provide Worker’s Compensation and Employer’s Liability Insurance if necessary.
B. CLIENT/CARRIER shall also be responsible for payment of wages and social security and withholding taxes for any of its employees.
C. CLIENT/CARRIER shall hold COMPANY harmless from any liability resulting from injury or death of any persons including but not limited to driving, operating, repairing, maintaining, loading, or unloading CLIENT/CARRIER’S equipment.
13. Safety and Compliance: CLIENT/CARRIER is fully responsible and liable for the safety and compliance of the operation. CLIENT/CARRIER shall hold COMPANY harmless from any liability resulting from safety and compliance violations.
14. Loss or Damage. CLIENT/CARRIER will be liable for loss or damage to items intended for transport, which are in CLIENT/CARRIER’S possession or under its dominion and control.
15. Control and Exclusive Use. In performing services under this agreement, CLIENT will direct the operation of any equipment in all respects and will determine the means of performance including but not limited to such matters as choice of any routes, points of service of equipment, rest stops, and timing and scheduling of customers' deliveries. The parties intend to create an independent contractor relationship and not an employer-employee relationship.
16. Laws. CLIENT agrees to comply with all federal, state, and local laws, rules, and regulations pertaining to its performance under this agreement.
17. Disclosure. COMPANY is not a freight broker, but an administrative agent acting as a liaison between a licensed motor carrier and a licensed freight broker. Agreement between parties is non-exclusive, therefore COMPANY can service other carriers and CLIENT can use other dispatch services.
18. Notice. Any written notice required by the terms of this agreement shall be given either by email, personal delivery, or certified mail.
19. Invalidity. In the event any provision of the agreement shall be held to be invalid, it shall not affect the validity of the remainder of this agreement.
20. Agreement. This agreement contains the entire understanding between the parties and supersedes any prior agreement between the parties concerning the subject matter of this agreement.
21. Duration. This Agreement shall become effective on the date inserted in the first sentence of this agreement.
22. Termination. This Agreement may be terminated at any time: (a) by mutual consent; (b) by the insolvency of CLIENT due to non-payment as; (c) without cause upon either party giving the other (7) days written notice of termination; or (d) with cause upon the breach of this agreement by either of the parties.
