Carrier Profile

This agreement is made and entered into on this _____ day of ______________, 20_____, between Jones Brothers Trucking, P.O. Box 4414, Missoula, MT 59806, MC# 159075 (hereinafter referred to as Broker) and ________________, located at ________ a contract carrier (hereinafter referred to as Carrier) MC#_______

Whereas, Broker desires to have Carrier furnish certain contract motor carrier services.

Now, therefore, inconsideration of the mutual and dependent promises contained herein, Broker and Carrier agree as follows:

1. Carrier agrees to provide a motor carrier transportation service for the transportation of commodities within the scope of its operating permit. Broker shall tender for transportation and Carrier shall transport subject to availability of Carriers equipment.
2. Both the Broker and Carrier agree that any shipments tendered to Carrier under the terms of this Agreement shall be subject to rates provided in the form of a Load COnfirmation.
3. This Agreement shall be goverened by and construed in accordance with the laws of the state of Montana.
4. Carrier shall be liable for the actual loss, damage, or injury to the commodities. The measurement of loss, damage or injury shall be the lesse of the actual replacement cost or the reasonable cost of repairing damaged goods when determined loss or damage is the responsibility of the carrier. The reasonable cost shall be the labor, materials, and a reasonable amount for overhead. The carrier's liability shall be the difference between the value of the property at the time and place of delivery in an uninjured condition and its value in the depreciated condition in which it was delivered subject to a maximum amount not exceeding $1,000,000.00 per shipment. The carrier shall have the first right of salvage of any damaged goods. All claims for recovery by Broker as provided herein and as to each shipment must be filed with Carrier within 90 days of delivery or tender of delivery of that shipment. Payment by Carrier to Broker pursuant to the provisions of this paragraph, there being no remaining issue of liability, shall be made within 60 days following receipt by Carrier of Broker's invoice.
5. Any action at law by Carrier to recover undercharges of Broker to recover overcharges alleged to be due hereunder shall be commenced not more than 6 months after the date of shipment with respect to which such undercharges are claimed. To the extent permitted by law, the expiration of the said 6 month period shall be a complete and absolute defense to any such action, without regard to any mitigations or extenuating circumstances or excuse whatsoever. The provision of the clause shall survive the termination, expiration, or cancellation of this agreement.
6. Each party hereto shall indemnify and hold harmless the other party hereto from and against all loss, damages, fines, expense, actions, and claims for injury to persons (including injury resulting in death) and damage to property caused by negligent acts or omissions of such party, its agents or employees.
7. Neither Carrier nor Broker shall be liable to the other party for default in the performance or discharge of any duty or obligation under the Agreement where caused by Act of God, or the public enemy, war conditions, governmental interference, regulations or actions, embargoes, fires, floods, labor disorders, closing of public highway, or without construing the foregoing as words of limitation, any other cause beyond Carrier's or Broker's control.
8. Except as otherwise provided in writing prior to the time of dispatch, shipments transported b Carrier must be loaded by shipper and unloaded by consignee from or on Carrier's vehicle(s), unless otherwise noted in Load Confirmation.
9. As full compensation for the service provided by Carrier pursuant to the terms and conditions of the Agreement, Broker shall pay Carrier in accordance with the rates and charges provided in this Agreement. Rates may be established verbally in order to meet specific shipping schedules as mutually agreed, but scratch oral contract shall be reduced to writing, signed by both parties and appended to this Agreement in the form of a Load Confirmation in order to remain binding between such parties. All freight bills are due and payable within 30 calendar days of the receipt of Carriers freight bill, and original, signed bill of lading associated with the load.
10. There s hall be no assignment or transfer, in whole or in part, of any right, duty, responsibility or obligation contained in the Agreement, including the right to receive payments, unless such assignments or transfers is agreed to by both parties in writing.
11. Carrier must afford Broker a certificate of insurance on request naming Broker as additional insured in minimum amounts of $100,00.00 cargo and $1,000,000.00 auto liability.
12. This Agreement constitutes the entire agreement and understanding between the parties and shall not be modified, altered, or changed in any respenct unless in writing and signed by both parties. This agreement cancels all prior agreements between the two parties and shall remain in full force and effet for a period of 12 months from its effective date and from year to year thereafter, provided however, that either party may terminate this contract upon not less than 30 days prior written notice to the other party.