ENT CONTRACTOR STATUS 独立当事人
XII. NO BACK SOLICITATION BY CARRIER
承运人不得争揽代理人的客户
XIII. HIRING OF OTHER CARRIERS PROHIBITED 不得雇佣其他承运人
XIV. FORCE MAJEURE EXEMPTIONS 不可抗力
XV. SEVERABILITY 条款的可分割性
CONTRACT NO.______
DATED______
Original
I. IDENTIFICATION OF PARTIES 当事方信息
AGREEMENT
made this day of 19 , by and between____ hereinafter referred to as
FORWARDER, and____ hereinafter referred to as CARRIER.
WITNESSETH:
(1) (a) ____ is a regulated Freight Forwarder of General
Commodities pursuant to 49 U.S.C. 13903, authorized by Permit No.
____ (a copy of which permit is attached hereto and made a part
hereof) to engage in operations as a Freight Forwarder in
connection with the transportation of general commodities, except
household goods, between points in the United States.
(b)_____is authorized by 49 U.S.C. 14101 (b) (1) to enter into
contracts with motor carriers. This contract relates solely to the
movement of general commodities.
(2) (a) CARRIER is a licensed Contract Carrier pursuant to 49
U.S.C. 13902, authorized by License No. MC__, (and subs thereto, a
copy of which
license is attached hereto and
made a part hereof),
to engage in
operations in connection with the transportation of general
commodities, except household goods, between points in the United
States.
(b) CARRIER is authorized by 49 U.S.C. 14101 (b) (1) to enter into
contracts with shippers.
This contract relates solely to the movement of general
commodities.
NOW THEREFORE, in consideration of the representation made herein,
the parties agree as follows:
II. TERMS AND JURISDICTION OF THIS
AGREEMENT 有效期及司法管辖
This AGREEMENT shall be governed by Title 49 of the United States
Code and the Code of Federal Regulations.
This AGREEMENT is to
become effective ____, and shall remain in effect for a period of
one year from such date, and from year to year thereafter,
subject to the right of either party hereto to cancel or terminate
the AGREEMENT at any time upon not less than thirty (30) days
written notice of one party to the other. FORWARDER has placed on
file a signed copy of this agreement with the Law Office of M.
Shields, Gallagher & Gallagher, P.C., at 132 Main Street,
Haydenville, MA 01039-0387, where it is available for inspection
and verification by the signatories, their designated agents, their
designated legal representatives, an/or any other party or parties
holding forth a legitimate claim of interest in the terms of this
agreement.
III. CARRIER OBLIGATIONS 承运人的义务
(a) CARRIER shall issue a uniform standard bill of lading for
property it receives for transportation as defined in 49 U.S.C. §
13102 (19) and the services related to that movement under this
contract and shall be liable to the person entitled to recover
under the bill of lading. The liability imposed by this paragraph
is for the actual loss or injury to the property. Failure to issue
a bill of lading does not affect the liability of CARRIER.
CARRIER’S liability shall be the same as a common carrier’s
liability under 49 U.S.C. §14706. These goods do not move under any
limitation of liability or any released rates.
(b) CARRIER agrees to maintain cargo insurance in the amount of
$_____ to compensate those parties entitled to recover under the
preceding paragraph. CARRIER shall cause its insurance carrier to
forward forthwith to FORWARDER a standard Certificate of Insurance,
which Certificate shall require the insurance carrier to give
FORWARDER written notice thirty (30) days prior to the cancellation
of such cargo insurance.
(c) CARRIER’S liability shall begin at the time cargo is loaded
upon CARRIER’S equipment at the point of origin, and continue until
said cargo is delivered to the designated consignee at destination,
or to any intermediate stop-off party, and includes the
non-transportation services described in 49 U.S.C. 13102
(19).
(d) CARRIER agrees to defend and hold harmless FORWARDER against
any and all loss or damage claims on each shipment transported by
CARRIER pursuant to this Agreement. CARRIER further agrees to
defend and hold harmless FORWARDER from all and any liability,
costs and damages to persons and/or property arising out of
CARRIER’S operations hereunder, including but not limited to all
road, fuel, and other taxes, fees or permits related to the
shipments transported by CARRIER as arranged by FORWARDER. This
indemnification shall include payment of legal fees necessitated by
FORWARDER’S defense against such claims.
IV. FORWARDER OBLIGATIONS 托运人的义务
(a) FORWARDER shall offer to CARRIER for shipment a minimum
quantity of not less than ___
pounds per year, or a minimum of ____shipments for each year this
agreement remains in effect, and CARRIER agrees to transport those
shipments during that period of time.
(b) FORWARDER agrees to pay CARRIER for the transportation of the
commodities moved under this agreement in accordance with the rate
set forth herein or Addenda thereto, within ____ days of the
receipt by FORWARDER of CARRIER’S invoice covering such
transportation.
V. SPECIFIED RATES AND CHARGES
费率与其他杂费
(a) The basic transportation rates negotiated between parties
are:
(1) Freight, all kinds: truckload shipment $_____/mile, between all
points in the United States.
(2) Freight, all kinds: less than truckload shipment, (less than
5,000 pounds) $_____/mile, between all points in the United
States.
(b) The parties agree that the fixed rates may be amended, based on
the market conditions then prevailing. The methodology for amending
the fixed rate will be as follows. After a rate is agreed
to by the parties, one party shall fax to the other party a rate
confirmation sheet, which document
will identify the shipment by: DATE OF TENDER, ORIGIN, DESTINATION,
COMMODITY, ESTIMATED WEIGHT, AGREED RATE. These rate confirmation
sheets shall be on an accepted
amendment to this agreement, and on the upper right corner of the
sheet there shall be a reference
to the agreement for identification. Because of storage
difficulties, the rate confirmation sheet need not be attached to
the original agreement, but it may be kept with the shipping papers
that are
retained as to the individual shipment. The same requirements of
retention and availability to inspection that apply to the written
agreement shall apply to the Rate Confirmation Sheet. If
either
party disputes the accuracy of the amended fixed rate, that party
shall within 24 hours of receipt of
it notify the other party, and a disputed rate shall not become an
amended fixed rate until agreed to
by both parties.
VI. BILLS OF LADING 提货单
(1) CARRIER shall issue a receipt or a bill of lading for property
it transports, and shall be liable to the person entitled to
recover under the receipt of the bill of lading. If the consignor
has prepared a uniform standard bill of lading in accord with 49
U.S.C. 81 et seq., CARRIER, when picking up the shipment, shall
sign the bill of lading as the agent of FORWARDER, and FORWARDER
shall be shown on the bill of lading as the carrier.
(2) Carrier shall simultaneously issue a bill of lading identifying
FORWARDER as the consignor and consignee of the shipment. Such bill
of lading may be prepared by either FORWARDER or CARRIER, and a
signed copy of it, and CARRIER’S bill of lading shall be returned
to FORWARDER as proof of delivery. Receipt of the signed motor
carrier bill of lading is a prerequisite to payment by the
FORWARDER to CARRIER.
VII. SPECIFIED SERVICES 具体服务
CARRIER will assume full liability for the actual loss of or injury
to the property tendered to CARRIER to negate a possibility of
CARRIER moving those goods on released rates with a limitation of
liability, and Paragraph III (a) specifically imposes this
obligation upon CARRIER. All claims shall be settled in accordance
with 49 C.F.R. § 1005, and Paragraph VIII extends the time for
filing of claims and subsequent suits, and this is also designed to
meet the distinct needs of FORWARDER. CARRIER makes guarantees as
to transit time in accordance with Paragraph X (below).
VIII. PROVISIONS AS TO THE SETTLEMENT OF CARGO
CLAIMS 货物索赔
(a) Cargo claims shall be investigated and settled in accordance
with the regulations codified at 49
C.F.R. §1005 as in effect on December 30, 1995. As a condition
precedent to recovery, claims must be filed in writing with the
receiving or delivering carrier, or carrier issuing this bill of
lading, or carrier on whose line the loss, damage, injury or delay
occurred, or carrier in possession of the property when the loss,
damage, injury or delay occurred, within one year after delivery
has elapsed. Suits shall be instituted against any carrier within
two years, three months and one day from the day when notice in
writing is given by the carrier to the claimant that the carrier
has disallowed the claim or any part or parts thereof specified in
the notice. Where claims are not filed
or suits are not instituted thereon in accordance with the
foregoing provisions, no carrier hereunder shall be liable, and
such claims shall not be paid.
(b) If any dispute arises about a cargo claim, the party who
alleges a violation may file suit in the federal district or the
state and county in which FORWARDER is located.
IX. MEDIATION AS TO ALL DISPUTES OTHER THAN
CARGO CLAIMS
协商处理除货物索赔之外的纠纷
If a dispute arises out of or relates to this Agreement, other than
a dispute about cargo claims, and
the parties have not been successful in resolving the dispute
through negotiation, the parties agree to attempt to resolve the
dispute by submitting the dispute to mediation by the American
Arbitration Association (“AAA”). Each party shall bear its own
expenses and an equal share of the expenses of the mediator and the
fees of the AAA. The parties, their representatives, other
participants and the mediator shall hold the existence, content and
result of the mediation in confidence. If such dispute is not
resolved by such mediation, the parties shall have the right to
resort to any remedies permitted by law. All defenses based on the
passage of time shall be tolled pending the termination of the
mediation. Nothing in this clause shall be construed to preclude
any party from seeking injunctive relief in order to protect its
rights pending mediation. A request by a party to a court for such
injunctive relief shall not be deemed a waiver of the obligation to
mediate.
X. TRANSIT TIME 运输时间
FORWARDER and CARRIER may make agreements on each shipment as to
required transit time.
Such agreements may make the transit time obligation less or more
than “reasonable dispatch”. In the absence of an agreement between
the parties, the following transit time schedule shall apply. (1)
On shipments moving less than 500 miles, next day delivery. (2) On
shipments moving more than 500 miles, one day more for every
increase of 500 miles, or part thereof. (To illustrate: on a
shipment moving 2900 miles, delivery shall be made in six (6) days.
Safety on the Highways is of major concern to both parties, and
these transit times are compatible with the Federal Highway
Administration’s Safety Rules.
XI. INDEPENDENT CONTRACTOR STATUS
独立当事人
The relationship of CARRIER to FORWARDER shall, at all times, be
that of an independent contractor.
XII. NO BACK SOLICITATION BY
CARRIER承运人不得争揽代理人的客户
CARRIER shall not solicit traffic from any
shipper, consignor, consignee or customer of FORWARDER where (1)
the availability of such traffic first became known to CARRIER as a
result of FORWARDER’S efforts, or (2) where the traffic of the
shipper, consignor, consignee or customer of FORWARDER was first
tendered to CARRIER by FORWARDER. If CARRIER breaches this
agreement and “back-solicits”
FORWARDER’S customers, and/or obtains traffic from such a customer,
FORWARDER is then entitled, for a period of fifteen (15) months
after the involved traffic first begins to move, to a commission
from CARRIER of 15% of the transportation revenue received on the
movement of the traffic, as liquidated damages. Termination of this
contract shall not affect the enforceability and applicability of
the foregoing provisions of this clause for a period of 15 months
after termination.
XIII. HIRING OF OTHER CARRIERS PROHIBITED
不得雇佣其他承运人
CARRIER agrees that it shall transport all loads tendered to it
under its own authority, on equipment owned or leased by it, and
use employees or independent contractors under contract with it.
Should a violation of the preceding sentence occur, CARRIER agrees
to pay any and all charges relating to the movement of the
shipment, and to indemnify and hold harmless SHIPPER and/or
SHIPPER’S customers from any and all freight charges claimed to owe
directly to the underlying motor carrier. CARRIER also agrees to
settle any cargo claims that may arise in connection with a
violation of this paragraph pursuant to 49 U.S.C.§ 14706.
XIV. FORCE MAJEURE EXEMPTIONS 不可抗力
Neither party hereto will be liable for the failure to tender or
timely transport freight under this Agreement if such failure,
delay or other omission is caused by strikes, acts of God, war,
accidents, civil disorder, or through compliance with legally
constituted order of civil or military authorities.
XV. SEVERABILITY 条款的可分割性
If any part of this Agreement is held unenforceable, the rest of
the Agreement will continue in effect.
IN WITNESS WHEREOF,
The parties have set their hands and seals this ____ day of
_____CARRIER and Freight Forwarder.
BY
_______
BY
_______
TITLE ______
TITLE ______
