2438 Hwy 98 East Columbia, MS 39429 800.956.1151 JonesCompanies.com JonesTransport.com Copies of the following requirements are needed: • Proof of Insurance listing Jones Transport, LLC as Certificate Holder • Authority • W-9 • Cover sheet that states the following information: o Contact Name(s) o Office Number(s)/Additional Number(s) o After Hours Contact/After Hours Number o Office Fax Number o Email Address Any carriers using a factoring company, please send a copy of the Notice of Sale and Assignment along with your Setup Packet. Please return completed packet and required documents to [email protected] or fax to 601.633.6713. Invoicing and Prompt Payment: • All freight must be billed to Jones Transport, LLC • All invoices must be either: o Mailed to 2438 Hwy 98 East, Columbia, MS 39429 o Faxed to 601.222.2440 o Emailed to [email protected]• All invoices must included the original signed delivery ticket (Bill of Lading) • All invoices should include carrier confirmation(s)
Transcript
2438 Hwy 98 East Columbia, MS 39429 800.956.1151 JonesCompanies.com JonesTransport.com
0 U.S. Department of Transportation Federal Motor Carrier Safety Administration
DECISION Mc-658125
J B TRANSPORT, LLC COWMBIA,MS REENfflLED
1200 New Jersey Ave., S.E Wsahlngton, DC 20580
SERVICE DATE June 22. 2018
JONES TRANSPORT, LLC
On June 18, 2018, applicant filed a request to have the Federal Motor Canier Safety Administration's records changed to reflect a name change.
It Is ordered: The Federal Motor Carrier Safety Administration's records are amended to reflect the carrier's
name as JONES TRANSPORT, LLC.
Within 30 day• after this decision Is served, the appUcant must establish that It Is In full compDance with the statute and '1e Insurance regulaUons by having amended ftDngs on prescribed FMCSA forms (BMC91 or 91X or 82 for bodily Injury and property damage Dab1Dty, BMC 34 or 83 for cargo Uab1Dty, or a BMC 84 or 85 for broker security and BOC-3 for designation of agents upon whom process may be served) submitted on tis behalf. Coples of Form MCS-80 or other "certificates of Insurance• are not acceptable evidence of Insurance compDance. Insurance and BOC-3 fillngs should be sent to Federal Motor Carrier Safely·,AdmJnlstrallon, 1200 New Jersey Ave., S.E., W&shtngton, DC 20590.
The appUcant Js notified that fallure to comply with the tenns of this decision shall result In revocation of Its operaUng rlghls registration. effective 30 days from the service date of this decision.
To verify that the applicant Is in full compDance, call (202)358-7000 or visit our web site at: http://ll-pubDc.fmcsa.dot.gov. Any other quesUons regarding the action taken should be directed to (202)366-9805.
Decided: June 17, 2018 By the Federal Motor canter Safety Administration
9th /. ,,.G-cec: t
Jeffrey L Secrist, Chief Information Technology Operations DMslon
NCA
SURETEC INSURANCE COMPANY
1330 Post Oak Boulevard, Suite 1100, Houston, TX 77056
VERIFICATION CERTIFICATE
Bond No: 5169811
Principal: Jones T ransport, LLC
Bond Amount: $75,000.00
Bond Description: Property Broker's Surety Bond Under 49 U.S.C. 13906
Obligee: Federal Motor Carrier Safety Administration
Gentlemen:
We hereby verify that the above Bond remains in force until it is cancelled by the
Surety or otherwise terminated in accordance with this terms and conditions. All
other bond terms and conditions remain unchanged.
The liability of the Surety shall not cumulate by reason of this Verification
This authorizes Jones Transport to send credit entries (and appropriate debit and adjustment entries), electronically or by any other commercially accepted method, to my (our) account(s) indicated below and to other accounts I (we) identify in the future (the “Account”). This authorizes the financial institution holding the Account to post all such entries.
*Carriers that currently use a factoring company for receivables with Jones Transport MUST provide a release letter from your factoring company to be eligible to participate in the Jones Transport Quick Pay or Direct Deposit program.
Payment Options: Please Check One
______ QUICK PAY DIRECT DEPOSIT OPTIONS*
Receive payment within 48 business hours from receipt of your invoice, and proof of delivery for only 4%. All invoices must be received via email at [email protected] or fax to 601.222.2462.
______ DIRECT DEPOSIT*
Agreed Carrier Payment Terms of 15 days from date of invoice.
Account Type (e.g. Checking or Savings) ________________________________________________________________
Bank Name ________________________________________________________________________________________
City, State _________________________________________________________________________________________
Name of Account & Title _____________________________________________________________________________
Account Number ___________________________________________________________________________________
Bank Routing Number (ABA#) ________________________________________________________________________
*By executing this agreement and checking the Quick Pay option above. CARRIER is requesting that Jones Transport, LLC make early payment of freight charges for a discount of the agreed rates provided. Upon final completion of the load, and after providing the necessary documents to confirmed by Jones Transport, less a discount of 4%. Upon receiving the necessary documents, Jones Transport will make payment within the next 48 business hours, in a manner designated by CARRIER, which will consist of electronic funds via a ACH transfer. CARRIER will provide Jones Transport, LLC with written payment instructions on the form Jones Transport provides, and agrees to hold Jones Transport, LLC harmless from any claims or damages that may arise from payment by Jones Transport, LLC according to CARRIER’S instructions.
__________________________ ________________________ _____________ ___________ CARRIER SIGNATURE MC# DATE
**Attach Voided Check (NOT deposit slip) this will help to verify your account * routing numbers**
**Please allow 24 hours for initial setup**
JONES TRANSPORT QUICK PAY
Scan all related trip Documents at
any TRANSFLO Express Truckstop as soon as practical.
Frt Bill / PRO #:_________________________ Misc:___________________________________
Instructions
1) Go to a TRANSFLO Express™ Truck stop Scan location. You can find a list of scan locations at
www.transfloexpress.com. Any Pilot or Loves locations have the truck stop scanning capability. 2) One tripsheet per load and one load per scan which should be done as soon as practical after the trip is
completed. Truck stop scanning will drive the Billing and Driver Payroll process, so please do not keep in your possession more than one trip at a time which has not been truckstop scanned.
3) Proceed to the fuel desk and hand your documents to the cashier. You won’t need any cash. Put this
tripsheet on top, and make sure documents are all facing the same direction, tops are lined up correctly, and all staples and paperclips are removed.
4) If you have small receipts that you will be submitting, they should be grouped with like document types and
taped to a regular sized sheet of paper. You can get paper and tape at any TRANSFLO Express™ Truck stop scan location. Cashier will scan documents for you. It should take about one minute.
5) Cashier may ask you for the fleetid. If asked, tell the cashier the fleetid is found under the barcode on this
page. The cashier will then enter the fleetid. 6) Upon completion of the scan process, the cashier will return your original documents, AND a confirmation
receipt. 7) Review the confirmation receipt to ensure that the page count is correct. 8) You may view the images on the TRANSFLO Express™ Confirmation Viewer by logging on to
www.transfloexpress.com and clicking the “View Documents” link in the top right corner. Once there, simply type the confirmation number in the 4 boxes as it appears on your receipt. You can document delivery, view the images, and save or print the images from this website.
Frt Bill / PRO #:_________________________ Misc:___________________________________
Instructions
1) Go to a TRANSFLO Express™ Truck stop Scan location. You can find a list of scan locations at
www.transfloexpress.com. Any Pilot or Loves locations have the truck stop scanning capability. 2) One tripsheet per load and one load per scan which should be done as soon as practical after the trip is
completed. Truck stop scanning will drive the Billing and Driver Payroll process, so please do not keep in your possession more than one trip at a time which has not been truckstop scanned.
3) Proceed to the fuel desk and hand your documents to the cashier. You won’t need any cash. Put this
tripsheet on top, and make sure documents are all facing the same direction, tops are lined up correctly, and all staples and paperclips are removed.
4) If you have small receipts that you will be submitting, they should be grouped with like document types and
taped to a regular sized sheet of paper. You can get paper and tape at any TRANSFLO Express™ Truck stop scan location. Cashier will scan documents for you. It should take about one minute.
5) Cashier may ask you for the fleetid. If asked, tell the cashier the fleetid is found under the barcode on this
page. The cashier will then enter the fleetid. 6) Upon completion of the scan process, the cashier will return your original documents, AND a confirmation
receipt. 7) Review the confirmation receipt to ensure that the page count is correct. 8) You may view the images on the TRANSFLO Express™ Confirmation Viewer by logging on to
www.transfloexpress.com and clicking the “View Documents” link in the top right corner. Once there, simply type the confirmation number in the 4 boxes as it appears on your receipt. You can document delivery, view the images, and save or print the images from this website.
Jones Transport LLC This Agreement shall govern the services provided by ______________, a licensed and authorized motor carrier pursuant to USDOT #__________ & Docket No. MC#___________ (hereinafter referred to as “Carrier”) and Jones Transport, LLC, (hereinafter referred to as “Broker”), a licensed property broker pursuant to Docket No. MC#558125. Broker and Carrier agree that notwithstanding other provisions, carriage documents or regulation to the contrary, this Agreement shall govern Carrier’s performance and obligations pertaining to transportation services for freight tendered to Carrier hereunder. 1. Broker Status. Broker is a freight broker which arranges for third party motor carriers to provide cargo transportation for its customers, in accordance with its role as legally defined under 49 U.S.C. § 13102 Definitions (2), 49 C.F.R. §371.2 and 49 U.S.C. § 14501(c)(1). 1.1 Carrier Status, Rights and Responsibility. Carrier will perform its Transportation Services for Broker and its Customers as an independent contractor and will not for any purpose be the agent of Broker or Broker’s Customers. Carrier has exclusive control and direction of the work Carrier performs pursuant to this Agreement. Carrier will not contract or take other action in Broker’s name without Broker’s prior written consent. Carrier agrees to assume full responsibility for the payment of all local, state, federal and intra-provincial payroll taxes, and contributions or taxes for unemployment insurance, worker’s compensation insurance, pensions, and other social security or related protection with respect to the persons engaged by Carrier for Carrier’s performance of the transportation and related services, and Carrier shall indemnify, defend and hold Broker, and its Customer harmless there from. Carrier shall provide Broker, with Carrier’s Federal Tax ID number and a copy of Carrier’s IRS Form W-9 prior to commencing any transportation or related services for Broker, under this Agreement. 1.2. No Right to Lien or Delay Release of Cargo or Equipment. Carrier will not assert any lien or make any claim on any cargo or equipment, and no lien will attach against Broker, its Customers or any cargo or equipment, for failure of Broker, the Customer or any other third party to pay Carrier for charges due to Carrier. 1.3 Waiver of Rights. Carrier shall, notwithstanding any other terms of this agreement, expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B to the extent they conflict with this Agreement. 1.4 Sub-Contract Prohibition. Carrier expressly agrees that all freight tendered to it by Broker shall be transported on equipment operated only under the authority of Carrier, and that Carrier shall not in any manner sub-contract, broker, or in any other form arrange for the freight to be transported by a third party without the prior written consent of Broker. If Carrier breaches this provision, Broker shall have the right of paying the monies it owes Carrier directly to the delivering Carrier, in lieu of payment to Carrier. Upon Broker’s payment to delivering Carrier, Carrier shall not be released from any liability to Broker under this agreement. In addition to the indemnity obligation reflected in this agreement the Carrier will be liable for consequential damages for violation of this clause of the agreement. 1.5 Authorities and Licenses; Compliance with Laws. Carrier warrants that it will provide physical transportation of shipments as a fully qualified motor carrier that holds all required federal and state operating authorities. If Carrier’s safety rating changes at any time during this Contract’s term or if Carrier is sold, merges or dissolves or experiences a change in control of ownership, Carrier will notify Broker immediately (within 24 hours). Carrier will comply with applicable federal, state and/or local laws and regulations (including obtaining all permits and licenses), and any representations or contractual clauses required thereby will be incorporated herein by reference or by operation of law. 2. Booking Confirmation. Carrier shall transport shipments arranged by Broker pursuant to carrier load or Booking confirmation sheet(s) included herewith or subsequently incorporated by reference (See Schedule A annexed hereto). 3. Rates and Charges. Unless otherwise stated in a separate Rate Confirmation Agreement signed by the parties, Carrier will invoice and Broker will pay the rates and charges set forth in Attachment1 as it may be amended from time to time by agreement of the parties for transportation services performed under this Agreement. Carrier represents and warrants that there are no other applicable rates or charges except those established in this Agreement or under its terms or in any Rate Confirmation Agreement signed by the parties. Payment by Broker will be made within thirty (30) days of receipt by Broker of Carrier’s freight
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bill, bill of lading, clear delivery receipt, permit and escort documents, and any other necessary billing documents enabling Broker to ascertain that service has been provided at the agreed upon charge. Carrier shall provide signed proof of delivery within fifteen (15) days of delivery. Failure of carrier to provide Broker with signed proof of delivery in fifteen (15) days of load delivery date will result in a charge to the carrier of twenty five dollars ($25) as a documentation fee. Broker shall not be obligated to pay any amount in any invoice not delivered to Broker within thirty (30) days after the date on which the shipment represented by the invoice is delivered. In the event service is provided and it is subsequently discovered that there was a no applicable rate in the existing Rate Confirmation Agreement, the parties agree that the rate paid by Broker and collected by Carrier shall be the agreed upon contract rate. Carrier agrees that Broker has the exclusive right to handle all billing of freight charges to the Customer for the transportation services provided herein, and, as such, Carrier agrees to refrain from all collection efforts against the shipper, receiver, consignor, consignee or the Customer. Carrier further agrees that Broker has the discretionary right to offset any payments owed to Carrier hereunder for liability incurred by Carrier pursuant to Section 6 of this Agreement. 3.1 Invoicing and Payment. Invoicing procedures including electronic invoicing, payment due dates and any late payment penalties shall be as specifically set forth in Attachment 2. Except as otherwise provided in Customer-Specific Addenda with respect to particular Shippers, the Parties agree as follows: (a) it shall be Carrier’s responsibility to timely invoice Broker for the freight charges owing to Carrier. (b) it shall be Broker’s responsibility to invoice Shippers for Carrier’s freight charges and Broker’s commissions or other fees, and to take necessary measures to collect such invoices. (c) it shall be Broker’s responsibility to remit freight charges owed to Carrier within the time periods set forth in Attachment2, regardless of any late payment or non-payment to Broker by Shippers. (d) Carrier will have no responsibility for collection or payment of Broker’s commissions or other fees. 3.2 Pricing Disputes. If Carrier alleges underpayment of applicable freight rates and charges by Broker, or if Broker alleges overcharges, over collection or receipt of duplicate payments by Carrier, notice of such claims must be given in writing by the aggrieved Party to the other Party within one hundred eighty (180) days after delivery or the first attempted delivery of the involved shipment(s) by Carrier. The Party receiving any such claim shall process it in accordance with the provisions codified at 49 C.F.R. Part 378 as of the Effective Date of this Agreement. Any civil action or arbitration proceeding with respect to such a claim shall be filed within eighteen (18) months after delivery or the first attempted delivery of the involved shipment(s) by Carrier. 4. Insurance. Carrier agrees to provide any insurance coverages required by any government body for the types of transportation and related services specified in load confirmation communications received from Broker. All insurance required by this Agreement must be written by an insurance company having a Best’s rating of “B+” VII or better and must be authorized to do business under the laws of the state(s) or province(s) in which Carrier provides the transportation and related services as specified in load confirmation communications received from Broker. Carrier’s insurance shall be primary and required to respond and pay prior to any other available coverage. Carrier agrees that Carrier, Carrier’s insurer(s), and anyone claiming by, through or under Carrier shall have no claim, right of action, or right of subrogation against Broker, its affiliates, or its Customer based on any loss or liability insured under the insurance stipulated herein. Carrier represents and warrants that it will continuously fulfill the requirements of this Section throughout the duration of this Agreement. Broker shall be notified in writing by Carrier’s insurance company at least thirty (30) days prior to the cancellation, change or non-renewal of the submitted insurance policies. Carrier shall at all times during the term of this agreement have and maintain in full force and effect, at its expense, (i) Motor Truck Cargo insurance or a superior equivalent, with limits for the full value of the cargo under carriage subject to a minimum limit never less than US$100,000 per shipment, a deductible no greater than US$10,000 per shipment and at least the same coverage limit and deductible per shipment while in storage or at a storage facility enroute to the consignee, (ii) Commercial Automobile Liability insurance with a combined single limit of not less than US$1,000,000 per occurrence and without aggregate limits, (iii)if Carrier provides Transportation Services for hazardous materials under United States Department of Transportation (“DOT”) regulations, public insurance including Commercial Automobile insurance limits required for the commodity transported under 49 C.F.R § 387.7 and 387.9 (or successor regulations thereto) and statutory required Commercial Automobile insurance limits pertaining to the hazard classification of the cargo as defined by DOT, an MCS-90 and Broadened Pollution Liability endorsements for limits required by law and full policy limits. Carrier shall, prior to providing transportation and related services pursuant to this Agreement, name Broker, as a certificate holder, as required on the foregoing insurance
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policies and shall cause its insurance company to issue a certificate to Broker, evidencing the foregoing. When Carrier provides Transportation Services that involve origins and destinations solely within Canada, Carrier shall be current in its remittances to the appropriate Worker's Compensation Board of the Carrier's province, shall provide a certificate issued by the appropriate Worker's Compensation Board of the Carrier's province certifying that the Carrier is not delinquent and is current in its remittances to that authority, and shall have such other insurance or higher coverage limits required by applicable Canadian national or provincial law or regulation. Insurance will meet or exceed the requirements of federal, state and/or Provincial regulatory bodies having jurisdiction over Carrier’s performances pursuant to this agreement. During this Contract’s term, the insurance policies required hereunder and any replacement policies will (i) insure the interests of Broker and, (ii) cover all drivers, equipment and cargo used in providing Transportation Services and (iii) not contain any exclusions or restrictions as to designated premises or project, pertaining to unattended equipment or cargo, for unscheduled equipment, for unscheduled drivers or cargo, for fraud or infidelity, for tarp warranty, for wetness or dampness, for geographical location in the United States, for trailers unattached to the power unit, or for a particular radius of operation.
5. Carrier Moving Perishables. Carrier warrants that the carrier will inspect or hire a service representative to inspect a vehicle’s refrigeration or heating unit at least once each month. Carrier warrants that they shall maintain a record of each inspection of refrigeration or heating unit and retain the records of the inspection for a least one year. Copies of these records must be provided upon request to the carrier’s insurance company and Broker. Carrier warrants that they will maintain adequate fuel levels for the refrigeration or heating unit and assume full liability for claims and expenses incurred by the Broker or the shipper for failure to do so. The carrier must provide their cargo insurance carrier with all records that relate to a loss and permit copies and abstracts to be made from them upon request. The following rules shall apply: (a) Destination market value for lost or damaged cargo, no special or consequential damages unless by special agreement; (b) Claims will be filed with Carrier by Shipper; (c) claims notification procedures will be followed in accordance with procedure described in 49 C.F.R. 370.1-11. 6. Shipping Document Execution. Carrier is to be named on the bill of lading as the “carrier of record.” 7. INDEMNIFICATION. CARRIER WILL INDEMNIFY, DEFEND AND HOLD HARMLESS BROKER, ITS AFFILIATES AND ITS CUSTOMERS (AS INTENDED THIRD PARTY BENEFICIARIES) FROM ANY AND AGAINST ALL LOSSES (as defined below) ARISING OUT OF OR IN CONNECTION WITH THE TRANSPORTATION SERVICES PROVIDED UNDER THIS CONTRACT, INCLUDING THE LOADING, UNLOADING, HANDLING, TRANSPORTATION, POSSESSION, CUSTODY, USE OR MAINTENANCE OF CARGO OR EQUIPMENT OR PERFORMANCE OF THIS CONTRACT (INCLUDING BREACH HEREOF) BY CARRIER OR ANY CARRIER REPRESENTATIVE. CARRIER’S OBLIGATION TO INDEMNIFY AND DEFEND SHALL NOT BE AFFECTED BY ALLEGED NEGLIGENCE OR WILLFUL MISCONDUCT OF BROKER, ITS AFFILIATES OR CUSTOMERS. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION BE CONSTRUED TO PROVIDE INDEMNIFICATION TO BROKER, ITS AFFILIATES AND CUSTOMERS TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF THIS PROVISION IS FOUND IN ANY WAY TO BE OVERBROAD, IT IS THE PARTIES INTENT THAT THIS PROVISION BE ENFORCED TO ALLOW INDEMNIFICATION TO THE MAXIMUM EXTENT PERMISSIBLE. “Losses” mean any and all losses, liabilities, obligations, personal injury, bodily injury, property damage, loss or theft of property, damages, penalties, actions, causes of action, claims, suits, demands, costs and expenses of any nature whatsoever, including reasonable attorneys’ and paralegals’ fees and other costs of defense, investigation and settlement, costs of containment, cleanup and remediation of spills, releases or other environmental contamination and costs of enforcement of indemnity obligations.
8. Carrier’s Cargo Liability. Carrier assumes full liability for the greater of replacement cost, Shipper’s/ Consignor’s commercial invoice or market value for loss, damage or destruction of any and all goods or property tendered to Carrier by Broker, and for the full course of carriage. Carrier shall inspect each load at the time it is tendered to Carrier to assure its condition. If Carrier is tendered a load which is not in suitable condition, it shall notify Broker, immediately. Cargo which has been tendered to Carrier intact and released by Carrier in a damaged condition, or lost or destroyed subsequent to such tender to Carrier, shall be conclusively presumed to have been lost, damaged or destroyed by Carrier unless Carrier can establish otherwise by clear and convincing evidence. Deliveries with broker seals shall be rejected and declared a total loss for which the Carrier is held responsible.
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Carrier shall either pay Broker directly or allow Broker to deduct from the amount Broker owes Carrier, the amount of Customer’s full actual loss. Carrier agrees that it will assert no lien against cargo transported hereunder. Broker, shall deduct from the amount Broker otherwise owes Carrier, the Customer’s full actual loss of all claims that are not resolved within ninety (90) days of the date of the claim. Carrier agrees to indemnify Broker, for any payments relating to such loss or damage incurred hereunder. In the event of an accident, Carrier shall notify Broker immediately for further instructions. Carrier shall return all damaged shipments at its expense to the point of origin or to other points as instructed by Broker. Claims notification & salvage procedures will be followed in accordance with the procedure described in 49 C.F.R. §370.1-11. Carrier will make all payments pursuant to the provisions of this Section within thirty (30) days following receipt by Carrier of Customer’s invoice or demand and supporting documentation for the claim. 8.1 Salvage Claims. Carrier shall waive any and all right of salvage or resale of any of Customer’s damaged goods and shall, at Broker’s reasonable request and direction, promptly return or dispose, at Carrier’s cost, any and all of Customer’s damaged and goods shipped by Carrier. Carrier shall not under any circumstance allow Customer’s goods to be sold or made available for sale or otherwise disposed of in any salvage markets, employee stores, or any other secondary outlets. In the event that damaged goods are returned to Customer and salvaged by Customer, Carrier shall receive a credit for the actual salvage value of such goods. 9. Governing Law; Consent to Jurisdiction and Integration. This Contract will be construed, to the extent not preempted by applicable federal law, under the laws of the State of California, without giving effect to any choice or conflict of law rules. Broker and Carrier waive all right to trial by jury in any action, suit or proceeding brought to enforce or defend any rights or remedies under this Contract. Each of the parties hereby irrevocably and unconditionally (i) submits to the exclusive jurisdiction of any federal or state court sitting in California in any suit, action or arising out of, connected with, related to, or incidental to the relationship established among them in connection with this Contract and (ii) waives, to the fullest extent permitted by law, any objection to venue or any defense of inconvenient forum in connection with any such court; provided however that jurisdiction for disputes regarding claims brought by third parties requiring Carrier’s indemnification hereunder may be effected in the courts where such third party claims are filed. This written Agreement, together with any load confirmation, contains the entire agreement between the parties and may only be modified by signed written agreement.
9.1 Safety Rating. Carrier shall endeavor to maintain a satisfactory U.S. DOT Safety Rating but under no circumstances is Carrier allowed to provide services if their safety rating falls to “unsatisfactory.” 10. Confidentiality Obligations. Carrier acknowledges that in carrying out this Contract, it will learn proprietary information about Broker and its business, including its rates, services, personnel, computer systems, Customers, traffic volumes, origins and destinations, commodity types, shipment information and business practices (the “Information”). During this Contract’s term and for 12 months after its termination, Carrier will hold the Contract provisions and Information in confidence, restrict disclosure to those Carrier Representatives with a need to know, and not use the Information to Broker’s competitive detriment or for any purpose except as contemplated hereby. Carrier may disclose Information to the extent required by a governmental agency or under a court order, provided that Carrier notifies Broker of such requirements before disclosure.
10.1. Nonsolicitation of Customers. During this Contract’s term and for 9 months after its termination, Carrier will not, and will cause the Carrier Representatives not, to directly or indirectly solicit or provide transportation services to any Customer without Broker’s prior written consent if (a) that Customer first became known to Carrier as a result of Broker’s engagement of Carrier, (b) the type of transportation services, such as the origins and destinations served or commodity types, provided to that Customer first became known to Carrier as a result of Broker’s engagement of Carrier or (c) the first shipment transported by Carrier for that Customer was tendered to Carrier by Broker. If Carrier or any Carrier Representative solicits a Customer in violation of this Section, Carrier shall pay to Broker as a commission 10% of the total charges, with a maximum of US$200 per shipment, for transportation services provided by Carrier to such Customer.
11. Savings Clause. If any provision of this Agreement or any Transportation Schedule is held to be invalid, the remainder of the Agreement or the Transportation Schedule shall remain in force and effect with the offensive term or condition being stricken to the extent necessary to comply with any conflicting law. 12. DISPUTE RESOLUTION
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Having entered into this Agreement in good faith, the Parties agree that the terms and procedures set forth in Attachment 3 hereto shall be controlling if a dispute arises with regard to its application or interpretation.
13. This Agreement shall be for the period of one (1) year and shall be automatically renewed unless cancelled. Either partymay terminate this Agreement upon fifteen (15) days written notice. By signatory hereto, CARRIER represents that it has theauthority and ability to enter into legally binding contracts and that CARRIER agrees to be bound by the terms and conditionsof this Agreement effective immediately.
Jones Transport, LLC (BROKER) (CARRIER)
By its Designated Contact: By its Designated Contact:
Signature: Signature:
Printed Name: Pat Sharp Printed Name:
Title: Director of Operations Title:
Address: 2438 Hwy 98 East Address:
Columbia, MS 39429
Telephone: 800-956-1151 Telephone:
Facsimile: 601-633-6713 Facsimile:
Email:
Please check one of the following:
Carrier Only
Broker Only
Carrier & Broker
Other Designated Contact(s), if any: Other Designated Contact(s), if any:
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ATTACHMENT 1
SCOPE OF SERVICES
Rates and Charges
Unless provided otherwise below, rates and charges will be negotiated between us at the time shipments are arranged under the terms of this agreement, and those rates will be confirmed and made part of this agreement in a written Rate Confirmation from us to you.
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ATTACHMENT 2 FREIGHT CHARGES
ACCESSORIAL and MISCELLANEOUS CHARGES
1. Basic Freight Charges. The Parties agree that Carrier shall be paid for its transportation services in accordance with the Order Confirmation agreed upon by Broker and Carrier during the time of booking.
2. Tracking and Tracing. Carrier, to the best of its capabilities, shall make available in-transit load position and related load delivery status and tracing information. Carrier Hub will be the preferred method of load status with Macro Point and our phone system as the secondary method for load status. Failure to notify Broker of load status, in-transit status, and/or unload status will result in a $75 fine per occurrence. Failure to provide timely load status may result in suspension of Carrier’s ability to book loads with Broker and/or an immediate termination of this contract.
3. Proof of Delivery. A copy of a signed Bill of Lading, Invoice, Order Confirmation, Yak Mat Ticket (if applicable), and/or other documentation is required as a prerequisite to payment of freight charges.
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ATTACHMENT 3
DISPUTE RESOLUTION
Having entered into this Agreement in good faith, the Parties agree that the following shall occur if a dispute arises with regard to its application or interpretation. 1. Meet and Confer; Mediation. Either Party may give Prior Notice to the other regarding the existence of a dispute. Within the thirty (30) days following the date of the Notice, representatives of the Parties with full settlement authority shall meet and confer at least once in an effort to resolve the dispute among themselves. If such efforts fail, the Parties shall engage an experienced mediator upon such terms and such cost allocation as may be mutually agreeable to the Parties. 2. Arbitration. If after the expiration of the thirty (30) day period set forth in 11.1 a dispute is not resolved voluntarily, the Parties shall submit the matter for final and binding arbitration under the Commercial Rules of the American Arbitration Association (“AAA”), as modified herein, before a single arbitrator with appropriate subject matter expertise. Such arbitration shall take place at a mutually agreed location or, failing agreement on a location, then at a location most nearly equidistant between the respective headquarters locations of the Parties. The award of the arbitrator may be enforced in any court of competent jurisdiction. 3. Selection of Arbitrator. If the parties are unable to agree on a mediator or arbitrator, the parties shall each submit to the other a list of acceptable and qualified mediators or arbitrators in order of preference. The first name to appear on both lists shall be appointed the arbitrator. The arbitrator shall be reimbursed all expenses and compensated at his or her standard rate. 4. Discretion of Arbitrator. (a) The arbitrator shall base the award on the terms of this Agreement, federal transportation law, including existing judicial and administrative precedence, and by the arbitration law of the Federal Arbitration Act, Title 9 U.S. Code. The arbitrator shall apply each in the order of precedence with the former having primary control. (b) The arbitrator shall have the power to order the parties to present evidence, including documents or testimony that the arbitrator deems necessary to the rendering of a fair and equitable decision. The arbitrator shall have the final judgment, in accordance with the federal rules of civil procedure as to what evidence and testimony to permit to be entered in the proceeding and the weight to be accorded each. (c) The arbitrator shall have no power to award punitive damages and any award of damages shall be limited to actual damages. (d) The parties expressly agree that this Agreement shall confer no power or authority upon the arbitrator to render any judgment or award that is erroneous in its application of the terms of this Agreement or substantive law. (e) The arbitrator shall render the award in writing and, unless both parties agree otherwise, shall include an explanation of the reasons for the award, which explanation may be limited to the extent necessary to support the award and need not attempt to cover all issues raised by the parties. 5. Equitable Relief. The arbitrator shall have the power to order equitable relief, including protection of the status quo pending the completion of the arbitration and the issuance of the decision. Pending the settlement of the dispute by voluntary means pursuant to paragraph 11.1 or the appointment of an arbitrator under paragraph 11.2, either party may go to a court of competent jurisdiction to seek equitable relief, including a temporary injunction or restraining order. Upon the appointment of the arbitrator, any relief granted by the court shall remain in effect until reversed or remove by the arbitrator or until a final arbitration decision is issued and entered. 6. Cargo Claims and Pricing Disputes. If a dispute involves a cargo claim or the pricing of Services, the provisions of Article 10 are subject to any inconsistent provision of Article 6 or Section 3 of Article 3, respectively.
