This document shall set forth the terms and conditions agreed to by Shippers acting on shipper's behalf
and Carriers acting on the carrier's behalf in contracting freight pursuant to terms and conditions established
In executing Load Confirmation Agreements, the parties agree that the following contract terms
- Carrier Warranties. Carrier warrants that it is licensed, authorized and insured in accordance with the regulations promulgated by the Federal Motor Carrier Safety Administration and any applicable state laws to provide the service and that it enjoys a safety rating of Satisfactory or equivalent.
Carrier Warranties. Carrier contractually agrees to meet or
exceed the following requirements:
Carrier warrants that it is, and shall be in compliance during the term of this Agreement, with all applicable federal, state and local laws relating to the provision of its services including, but not limited to:
- transportation of Hazardous Materials, (including the licensing and training of drivers), as defined in 49 C.F.R. §172.800, §173, and §397 et seq. to the extent that any shipments hereunder constitute Hazardous Materials;
- security regulations;
- owner/operator lease regulations;
- loading and securement of freight regulations;
- implementation and maintenance of driver safety regulations including, but not limited to, hiring, controlled substances, and hours of service regulations;
- sanitation, temperature, and contamination requirements for transporting food, perishable, and other products including the Food Safety Modernization Act (FSMA);
- qualification and licensing and training of drivers;
- implementation and maintenance of equipment safety regulations;
- maintenance and control of the means and method of transportation including, but not limited to, performance of its drivers;
- all registration and licensing requirements required to perform the services;
- California Air Resource Board (CARB) compliance; and
- Worker’s compensation and employment law where applicable.
- Carrier warrants and agrees to defend, indemnify and hold harmless Broker and Broker’s Customer harmless from all damages, claims, cause of action, losses and attorney’s fees to the extent caused by its negligent performance of services provided.
- Carrier shall agree that its liability for cargo loss or damage shall be determined by 49 USC §14706 (the Carmack Amendment) as set forth in Paragraph 7. Exclusions in carrier’s insurance coverage shall not exonerate carrier from this liability.
Carrier warrants and agrees to maintain at all times during the term of the contract, insurance coverage with limits not less than the following:
Carrier further warrants that it has on file with LoadExpress an accurate Certificate of Insurance reflecting the above coverage and that such insurance shall inure to the benefit of Shipper and shall have no exclusions or limitations which would vitiate coverage.
- General Liability - $1,000,000.00
- Auto Liability - $1,000,000.00
- Cargo Liability - $100,000.00
- Worker’s Compensation – as required by law.
- Carrier shall agree that the provisions contained in 49 CFR 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage. Carrier shall agree to participate in alternative dispute resolution of any claim as permitted by Paragraph 8.
- Carrier warrants that during the term of its contract with Shipper, it shall be licensed, authorized and insured to operate on the nation’s roadways by the Federal Motor Carrier Safety Administration (FMCSA), and shall enjoy a safety rating of “Satisfactory” or equivalent.
- Carrier shall agree that the terms and conditions of its contract with Shipper shall apply on all shipments it handles for Shipper. Any tariff terms published by carrier which are inconsistent with the contract shall be subordinate to the terms of the contract.
- Carrier shall expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B to the extent they conflict with the contract.
- Carrier warrants it will not re-broker, assign, or interline the shipments without prior written consent of Shipper. If Shipper provides such consent, Carrier shall, at all times, remain liable for the performance of such delivering carrier. If carrier breaches this provision, Shipper shall have the right of paying the monies it owes Carrier directly to the delivering carrier in lieu of payments to the Carrier. Upon Shipper’s payment to LES, Carrier shall not be released from any liability to Shipper under this Agreement.
- Duties of Shipper. Customer warrants that it will accurately describe the shipments being tendered for transport and that the following items will not be tendered without prior written approval of Carrier: hazardous materials, toxic waste, shipments of extraordinary value, glass, objects d’art, objects of unusual value, perishable or temperature sensitive items not in compliance with FDA requirements.
Booking Procedures and Load Verification. Shippers and Carriers utilizing this Protocol and the services of LoadExpress agree that they will follow the procedures of LoadExpress outlined herein for the tendering of loads, the bidding for services, and the load confirmation process. Shipper and Broker warrant that each shipment will be tracked by a special load identification number assigned by LoadExpress at time of contracting and that no shipment or payment will be booked or routed and no freight charges will be paid in violation of the operational terms and conditions set forth by LoadExpress.
Both Shipper and Carrier agree to indemnify and hold harmless LoadExpress and LES from any liability, cause of action, including attorney’s fees, arising out of any dispute between the parties with respect to the performance of Shipper or Carrier or from any breach of their respective duties and obligations as set forth in this Protocol and Agreement.
Any individual or entity acting on your behalf in posting, scheduling or quoting shipments warrants he/she has the authority to act on your behalf and legally bind you. LoadExpress assumes no liability to any person or entity for any loss or expense due to your failure to comply with these provisions. 5. Volume and Frequency. Unless otherwise agreed in a scope of work addendum, this contract shall constitute a Protocol pursuant to which Shipper is not restricted from tendering freight to other brokers, third party providers, or motor carriers. Similarly, unless otherwise agreed, Carrier is free to accept or reject the transportation of any shipment at time of tender.
- Volume and Frequency. Unless otherwise agreed in a scope of work addendum, this contract
shall constitute a Protocol pursuant to which Shipper is not restricted from tendering freight to
other brokers, third party providers, or motor carriers. Similarly, unless otherwise agreed,
Carrier is free to accept or reject the transportation of any shipment at time of tender.
- Indemnity. Each party will indemnify and hold harmless the other from any breach of warranty contained herein or from any claim, loss or damage (other than to cargo as set forth in Paragraph 7) to the extent caused by the negligent or willful act or omission of the indemnitor. LoadExpress and LES shall be third party beneficiaries and shall be held harmless from the negligent act or omission of either party with respect to their breach of contract warranty or negligent acts.
- Cargo Claims. All cargo claims will be filed by Shipper or the beneficial owner of the goods with the Carrier in possession of the cargo within 9 months of occurrence. All claims will be adjudged by the Carrier in accordance with 49 U.S.C. 14706 (the Carmack Amendment), 49 C.F.R. 370 and the terms of the Straight Bill of Lading unless otherwise agreed to in writing. Unless a higher limit of liability is agreed to in a signed scope of work addenda or an executed load confirmation sheet between Shipper and Carrier at time of booking, all claims for loss, damage and delay are limited to $100,000 per occurrence. Carrier reserves the rights of inspection and mitigation.
- Alternative Dispute Resolution. Any claim not resolved to Shipper’s satisfaction may be submitted to binding arbitration before the Transportation Lawyers Association ADR Council.
- Independent Contractor Status. Shipper and Carrier are each independent businesses and not responsible for the actions, taxes or regulatory compliance of the other.
- Integration Clause. This Agreement together with the executed LoadExpress Load Confirmation Sheet shall constitute the entire agreement between the parties and shall not be otherwise modified except by a signed written addendum. The terms of the Straight Bill of Lading shall apply to the extent not inconsistent with this Agreement. Carriers retained by Shipper execute nonconforming bills of lading as receipt for goods and condition only.
- Law and Venue. General principles of federal transportation law and venue apply to the extent not inconsistent or expressly waived by this Agreement.
- Documentation. At time of pickup, Carrier shall produce a Straight Bill of Lading or receipt for goods generated by the Marketplace evidencing that it is the Carrier in possession of the goods under the contract and reflecting the LoadExpress load number on the document. All shipping documents shall be marked with the nonrecourse provision signed and reflect that “Carrier to Bill: LES.”
- Payment Terms. All shipments booked through the Marketplace shall be prepaid by Shipper to LES prior to pickup unless other credit terms are established by Shipper with LES. LES will process credit card payments and retain funds in escrow pending receipt of Carrier’s invoice with accompanying proof of delivery. Unless otherwise agreed to between Shipper and LES, Shipper agrees to pay LES within 30 days of receiving an invoice from LES. Late payments will accrue a daily interest rate of 0.049% (18% annual interest rate) on the unpaid balance. Carrier shall provide invoice and certified true delivery receipt (Proof of Delivery) to LES within 7 days of delivery and LES shall thereafter release payment of freight charges within 30 days of receipt. LES’ standard billing, invoicing and payment Protocols shall apply to the transmission of invoices, shipping documents, account and payments.
- Terms and Conditions. Contracting parties adopting this Protocol as part of any contract of carriage warrant that they have read and agreed to the LoadExpress, Inc. Terms and Conditions set forth on its website and agree that such Terms and Conditions are incorporated herein by reference.