Transport Carrier Contract
Transport Carrier Contract
This Transport Carrier Contract (the “Contract”) is made and entered into on this [Day] of [Month], [Year], by and between:
[Your Company Name]
[Your Company Address]
[Your Company Number]
[Your Company Email]
(hereinafter referred to as "Shipper")
and
[Carrier Company Name]
[Carrier Company Address]
[Carrier Company Number]
[Carrier Company Email]
(hereinafter referred to as "Carrier")
1. Scope of Services
1.1 Services Provided: Carrier agrees to transport goods for Shipper as described in each shipment order, which shall detail the pick-up and delivery locations, the type of goods, and any specific handling instructions.
1.2 Territory: Carrier will provide transportation services within the United States, including all 50 states, and other territories as mutually agreed upon in writing.
1.3 Specifications: Carrier shall comply with all specifications outlined in individual shipment orders and handle the goods with due care to prevent damage during transport.
2. Responsibilities
2.1 Carrier Responsibilities:
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Vehicle Standards: Carrier shall ensure all vehicles used for transport are well-maintained and comply with Federal Motor Carrier Safety Administration (FMCSA) regulations, as well as any state-specific laws.
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Driver Qualifications: Carrier must employ drivers who hold valid Commercial Driver’s Licenses (CDLs) and have undergone the necessary training and background checks.
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Cargo Handling: Carrier is responsible for loading, securing, and unloading the goods in a manner that prevents loss or damage. This includes following Shipper’s specific handling instructions.
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Communication: Carrier must provide timely updates to Shipper regarding the status of shipments, including any delays, damages, or other issues that may arise.
2.2 Shipper Responsibilities:
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Information Provision: Shipper agrees to provide accurate and complete information regarding the nature, quantity, and destination of the goods. This includes any special handling instructions and documentation required for the shipment.
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Packaging: Shipper is responsible for ensuring that goods are properly packaged and labeled in accordance with applicable regulations and Carrier’s requirements.
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Payment: Shipper agrees to compensate Carrier according to the terms set forth in this Contract and any related shipment orders.
3. Compensation
3.1 Rates and Charges: Carrier will be compensated based on the rates outlined in the shipment orders. These rates are subject to periodic review and adjustment upon mutual agreement in writing.
3.2 Invoicing and Payment: Carrier will submit invoices to Shipper detailing the services provided and any additional charges incurred. Shipper agrees to make payment within [0] days of receipt of each invoice. Payments made after this period will accrue interest at a rate of [0]% per month, or the maximum rate allowed by law, whichever is lower.
4. Term and Termination
4.1 Contract Duration: This Contract shall commence on the Effective Date and remain in force until terminated by either party as described herein.
4.2 Termination for Convenience: Either party may terminate this Contract without cause by providing [0] days’ written notice to the other party.
4.3 Termination for Cause: Either party may terminate this Contract immediately if the other party breaches any material term of this Contract and fails to cure the breach within [0] days after receiving written notice.
5. Insurance
5.1 Carrier’s Insurance Obligations:
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Liability Insurance: Carrier must maintain comprehensive liability insurance covering all operations and vehicles involved in transporting Shipper’s goods.
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Cargo Insurance: Carrier shall provide cargo insurance to cover the value of the goods in transit, protecting against loss or damage.
5.2 Proof of Insurance: Carrier must provide Shipper with certificates of insurance or other documentation evidencing the insurance coverage before commencing any transport services. Shipper reserves the right to request updated proof of insurance periodically.
6. Liability
6.1 Carrier’s Liability: Carrier will be liable for any loss, damage, or delay to goods while in its possession, except when such issues arise due to circumstances beyond Carrier’s control, such as natural disasters or acts of terrorism.
6.2 Liability Limits: The liability of Carrier for loss, damage, or delay to goods is limited to the lesser of the actual value of the goods or the amount covered by Carrier’s insurance policy.
6.3 Claims Process: Shipper must file claims for loss or damage within [0] days of the delivery or expected delivery date. Claims should include a detailed description of the loss or damage and any supporting documentation.
7. Confidentiality
7.1 Definition of Confidential Information: Confidential information includes all information disclosed by one party to the other that is marked as confidential or should reasonably be understood to be confidential given the context of the disclosure.
7.2 Obligations: Both parties agree to protect the confidentiality of such information and to use it only for the purposes of performing their obligations under this Contract. Neither party shall disclose confidential information to third parties without prior written consent.
8. Indemnification
8.1 Carrier’s Indemnification: Carrier agrees to indemnify, defend, and hold harmless Shipper, its officers, employees, and agents from any claims, losses, damages, or liabilities arising out of Carrier’s performance under this Contract, including but not limited to transportation of goods and compliance with regulatory requirements.
8.2 Shipper’s Indemnification: Shipper agrees to indemnify, defend, and hold harmless Carrier from any claims, losses, damages, or liabilities arising from Shipper’s provision of incorrect or incomplete information or from any breach of Shipper’s responsibilities under this Contract.
9. Dispute Resolution
9.1 Governing Law: This Contract shall be governed by and construed in accordance with the laws of the State of [State], excluding its conflict of laws principles.
9.2 Arbitration: Any disputes arising under or in connection with this Contract that cannot be resolved amicably shall be settled by binding arbitration. The arbitration will be conducted in [City], [State] in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding.
10. General Provisions
10.1 Entire Agreement: This Contract, including all shipment orders and any amendments, constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior agreements and understandings, whether written or oral.
10.2 Amendments: No amendment or modification to this Contract will be valid unless made in writing and signed by both parties.
10.3 Severability: If any provision of this Contract is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
10.4 Assignment: Neither party may assign its rights or obligations under this Contract without the prior written consent of the other party, except that Shipper may assign this Contract to any successor entity.
10.5 Notices: All notices required or permitted under this Contract shall be in writing and sent via certified mail, return receipt requested, or via a nationally recognized courier service to the addresses listed above.
IN WITNESS WHEREOF, the parties have executed this Transport Carrier Contract as of the date first above written.
[Your Company Name]
By:
[Your Name]
[Title]
[Your Company Name]
By:
[Full Name]
[Title]
