This Broker / Motor Carrier Agreement (“Agreement”) is entered into between HTS Logistics LLC (“BROKER”), whose address is 11554 Davis Creek Court Jacksonville, Florida 32256, it’s subsidiaries and Carrier named at the end of this electronic document (“CARRIER”); collectively, the “Parties”.
For the purpose of this agreement, BROKER shall mean HTS Logistics (MC # 837570), and its subsidiaries Hickory Transportation (MC # 624657) and Vertex Transport (MC # 788821). “Registered” means operated under authority issued under Title 49 of the United States Code, and regulations promulgated by the Federal Motor Carrier Safety Administration (or its predecessors) within the U.S. Department of Transportation.
1. CARRIER REPRESENTS AND WARRANTS TO BROKER THAT IT:
2. CARRIER’S RESPONSIBILITIES:
Except for the higher coverage limits which may be specified above, the insurance policies shall comply with minimum requirements of the Federal Motor Carrier Safety Administration.
CARRIER shall defend, indemnify and hold BROKER , its shipper customer, and the bill of lading parties harmless from any claims, actions or damages, arising out of its performance under this Agreement or breach of CARRIER’S representations under this Agreement, including damages of any kind asserted against BROKER for negligent hiring of CARRIER, cargo loss and damage, theft, delay, damage to property, and personal injury or death. CARRIER shall not be liable for any claims, actions or damages due to the negligence of the shipper. The obligation to defend and indemnify shall include all costs and legal fees of defense as they accrue.
3. BROKER RESPONSIBILITIES:
Carrier Payment Policy and Proof of Delivery & Accessorial Requirements
In an effort to avoid any delays in our payment to you, we have created the following Payment and Required Proof of Delivery Policy.
Standard Pay (firstname.lastname@example.org)
Our payment terms are 30 days from the date HTS receives your invoice,a legible copy of the signed proof of delivery and all reimbursable receipts. We do offer ACH direct deposit. If interested ,please email email@example.com. You must complete 10 loads before ACH setup.
Unless originals are required per our rate confirmation, please submit documentation via email to: firstname.lastname@example.org or you may fax to: 888-797-6013
Quick Pay (email@example.com)
If you wish to request Quick Pay, write “Quick Pay” on your invoice, and state if you wish to receive your Quick Pay via ComChek, paper check or ACH direct deposit.
Unless originals are required per our rate confirmation, please submit documentation via email to: firstname.lastname@example.org or you may fax to: 888-797-6013
Quick Pay by Comcheck: IF YOU ARE FACTORED YOU CANNOT GET THIS OPTION
Quick Pay by Paper Check:
Quick Pay by ACH Direct Deposit:
****LUMPERS AND ACCESSORIALS
All lumpers & other reimbursable accessorials MUST be reported, at the time of occurrence, and receipts MUST be provided within 24 hours, regardless of whether BROKER issued a comchek or if the carrier covered the cost and is seeking reimbursement.
Up to 50%, not to exceed $500 within a 24 hour period. The fee is 2.5% or $12.00, whichever is greater, plus the Comchek Fee ($5 fee for every $500 increment…EX: $1000=$10, $1250=$15).
Should the CARRIER incur any overage, shortage, or damage, the CARRIER must inform BROKER , at the time of occurrence, via email at OS&D@HICKORYTRANS.COM. If after hours, report to 904-318-4680 and follow up with an email. Emails must include all of the following: BOL/POD, reefer downloads (if the temp is an issue), clear pictures of each product label with legible product codes (one label per picture), and clear pictures of the damages. Failure to report an OS&D, following the above guidelines, may result in a fine, up to $200 and/or a freight claim. The BROKER is authorized to deduct freight claims from CARRIER’s invoices.
If you have rejected product that has to be returned or rerouted, we agree to pay $1.20 + FSC per mile.
Detention & Layover
Approved detention is paid at $40 per hour, after 4 hours free, and maxes at the layover rate. Approved layover is $150 for dry vans and $200 for reefers.
In order for a carrier to be eligible for detention pay at a shipper or consignee, the corresponding driver must have accepted and be tracking on MacroPoint. MacroPoint is a no-charge service to the carrier/driver.
Other Items to Note
All Accessorial charges must be stated in the original, signed rate confirmation or agreed to in a subsequent written and signed rate confirmation.
Unauthorized delays in the pickup or delivery of the load may be charged back to you.
A minimum charge of $100 shall apply for any appointment(s) you miss.
You are prohibited from subcontracting any load to any other carrier or broker.
If you do, we reserve the right to pay the delivering carrier directly and you will remain primarily liable as provided in our Motor Carrier Agreement.
IN WITNESS WHEREOF, we have electronically signed this Agreement the date and year first shown below.
FOOD AND SAFETY ADDENDUM
WHEREAS, BROKER and CARRIER are parties to a certain Broker Carrier Agreement;
WHERE AS, this Addendum is made solely for the purposes of adding the certain provisions with regard to Food Safety; and
NOW, THEREFORE, in consideration of the following, and the stipulations and covenants contained herein, and other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree and stipulate as follows:
Carrier will comply with the laws and regulations governing the safe and secure transportation of shipments consisting of groceries or foodstuffs that will ultimately be consumed by humans or animals (“Food Shipments”), including those required by local, provincial, state and federal laws, regulations, ordinances and rules including, but not limited to, the Food Safety Modernization Act (21 U.S.C § 2201, et. seq.), the Federal Food, Drug and Cosmetic Act (21 U.S.C § 341, et seq.), the Sanitary Food Transportation Act (49 U.S.C 5701, et seq.), the U.S. Food and Drug Administration’s Final Rule on the Sanitary Transportation of Human and Animal Food (21 C.F.R. § 1.900, et seq.) and all applicable U.S. Department of Agriculture and Food Safety and Inspection Service regulations (collectively, the “Food Safety Laws”).
Carrier is responsible for the sanitary conditions of Food Shipments during their transportation and complying with BROKER’S, the Shipper’s, and/or the vendor’s written instructions, including without limitation any temperature set point or temperature range, as provided to the Carrier by BROKER, Shipper, or vendor in physical or electronic form. Carrier shall apply all written instructions to future Food Shipments of the same goods tendered for the same Shipper, unless instructed otherwise in writing. If BROKER’S, the Shipper’s, or a vendor’s instructions require a cargo seal, the lack of a seal or seal irregularities shall be sufficient to consider the shipment unsafe and a total loss.
Carrier shall verify the temperature of Food Shipments before loading. Carrier must write the recorded temperature on shipping document(s) used by the parties for the pick-up, transport, or delivery of goods, including without limitation any Bill of Lading (“Shipping Document”). In the event Carrier is unable to verify the temperature due to restrictions imposed by BROKER, the Shipper/loader, consignor, consignee or due to the physical circumstances of loading, Carrier is excused from performing such verification. The foregoing exception shall not relieve Carrier of compliance with any other provision of this Addendum.
Carrier represents and warrants that all Equipment (as defined in the Food Safety Laws and herein) used in transporting Food Shipments is in a safe and sanitary condition and appropriate for performance of the Services for Food Shipments, including but not limited to ensuring that the Equipment is free from contamination, pest infestation, and evidence of prior cargo that could render the Food Shipments unsafe. If Carrier transports partial load shipments (also known as less-than-truckload, or LTL, shipments), Carrier shall conduct appropriate inspections and take necessary actions upon receiving the first shipment and each subsequent shipment to ensure that (a) the Equipment remains in safe and sanitary condition; (b) any Food Shipments will not be contaminated by any previously or subsequently loaded cargo; and (c) the temperature of any temperature-controlled Food Shipment will not be materially disrupted. When required by and as specified in BROKER’S, the Shipper’s, and/or a vendor’s instructions or Shipping Document, Carrier must ensure that the cold storage compartments are prepared for safely transporting the Food Shipments. Carrier must set temperature controls to pre-cool mechanically refrigerated cold storage compartments before offering equipment with auxiliary refrigeration units for transportation of Food Shipments requiring temperature control and set the operating temperature to ensure the Food Shipments at all times are maintained at the temperature set point or within the temperature range specified on BROKER’S, the Shipper’s and/or vendor’s instructions or Shipping Document.
Immediately upon request or as promptly as practicable thereafter, Carrier will provide BROKER , the Shipper and/or vendor:
Carrier agrees to maintain all documentation and records related to the transport of Food Shipments governed by this Agreement, including those documenting personnel training and Equipment cleanings, sanitation and inspections, and the safe and sanitary transport of Food Shipments, and shall make the records available to BROKER , the Shipper and/or vendor upon request.
Carrier acknowledges and agrees that the temperature of the Food Shipments is a material condition of this agreement. Carrier shall develop and maintain written procedures related to the safe transport of Food Shipments tendered to it by Shipper, through BROKER, and shall train its drivers and staff regarding safe transport of Shipper’s Food Shipments and other goods.
Liability Related to Food Shipments
The determination regarding the acceptability, salvagebility and/or the adulterated status of Food Shipments transported by Carrier shall be within the sole discretion of the Shipper and shall be binding on Carrier.