1. Purpose
The Broker agrees to arrange for the transportation of freight on behalf of its customers, and the Carrier agrees to provide motor carrier services for shipments tendered by the Broker under the terms of this Agreement.
2. Carrier Responsibilities
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Carrier represents that it holds all necessary federal and state motor carrier authority and is in compliance with FMCSA/DOT regulations.
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Carrier shall provide safe, timely, and professional transportation services.
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Carrier agrees not to broker or re-broker loads without Broker’s prior written consent.
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Carrier must maintain proper equipment, drivers, and operational standards at all times.
3. Broker Responsibilities
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Broker agrees to tender freight for shipment in a timely and accurate manner.
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Broker is responsible only for payment of agreed rates; Broker is not responsible for loss, damage, or delay caused by Carrier negligence.
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Broker will provide load confirmations with agreed terms and charges.
4. Payment Terms
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Broker shall pay Carrier within 30 days of receipt of Carrier’s invoice and proof of delivery, provided Carrier is in compliance with this Agreement.
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Carrier agrees that Broker’s customers are the sole property of the Broker and shall not bill or solicit Broker’s customers directly.
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Quick pay or expedited payment may be arranged separately, if agreed in writing.
5. Insurance Requirements
Carrier shall maintain at its own expense the following insurance:
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Auto Liability: minimum $1,000,000 per occurrence.
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Cargo Liability: minimum $100,000 per occurrence.
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Workers’ Compensation as required by law.
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Certificates of Insurance naming Broker as “Certificate Holder” must be provided and maintained current.
6. Liability for Cargo
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Carrier assumes full responsibility for the cargo from the time of pickup until delivery.
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Carrier is liable for any loss, damage, or delay caused by its negligence or failure to comply with federal/state laws.
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Claims handling will follow 49 C.F.R. Part 370.
7. Indemnification
Carrier shall indemnify and hold harmless Broker, its customers, and agents from any claims, damages, or losses arising out of Carrier’s performance under this Agreement, including cargo damage, personal injury, property damage, or regulatory violations.
8. Term & Termination
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This Agreement shall remain in effect for one (1) year from the date executed, automatically renewing unless terminated by either party upon 30 days’ written notice.
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Broker may terminate immediately for cause, including safety violations, fraud, or breach of terms.
9. Governing Law
This Agreement shall be governed by and construed under the laws of the State of Texas, without regard to conflict-of-law principles.
10. Entire Agreement
This Agreement represents the entire understanding between the Parties and supersedes all prior agreements. Any modifications must be in writing and signed by both Parties.
