Term
This agreement is effective on the date it is signed by both parties OR the date the Partner Carrier/Independent Contractor accepts to undertake the execution of freight services for Volume Freight Solutions, and will continue from year to year unless either party terminates it with 30 days' written notice.
Volume Freight Solutions may terminate the agreement immediately with oral and subsequent written notice if the carrier, or any of its employees or subcontractors, violates any laws, is under the influence of drugs or alcohol, transports unauthorized people, or commits any dishonest act. The agreement can also be immediately terminated if the carrier breaches any term of the agreement or violates Volume Freight Solutions’ rules and regulations governing freight transport.
Relationship
The carrier operates as an independent contractor for Volume Freight Solutions. The carrier has exclusive control over the work it performs and acknowledges that Volume Freight Solutions acts as a broker to arrange transportation for its customers.
The carrier is responsible for all costs, expenses, and taxes incurred while performing services under the agreement.
Compliance
The carrier agrees to assume full responsibility for all local, state, federal, and provincial taxes, as well as licensing and permitting fees. The carrier also agrees to perform services according to the highest industry standards, using its own authority, employees, and equipment. The carrier is wholly responsible for all costs and expenses of transportation, including equipment and its maintenance.
The carrier represents and warrants that its drivers are properly licensed and qualified to perform the transportation services. The carrier must immediately notify Volume Freight Solutions of any adverse changes in its safety rating or any suspension or revocation of required licenses or operating authorities.
The carrier must comply with all applicable laws and will not accept any shipment if doing so would require a violation of those laws. The carrier is solely responsible for any fines or penalties resulting from its actions or the actions of its employees or subcontractors.
Double Brokering
The carrier is prohibited from "double brokering" or re-brokering any load tendered by Volume Freight Solutions to another carrier or agent without prior written consent. If a load is double brokered, Volume Freight Solutions reserves the right to immediately hold any and all payments
due to the carrier. The carrier will be liable for any losses, damages, or expenses incurred by Volume Freight Solutions or its customers as a result of the unauthorized double brokering.
Should a legal claim be filed against Volume Freight Solutions because a fraudulently handled, double brokered load results in the delivering carrier not receiving payment, the original carrier is to accept full financial and legal responsibility for the claim in its entirety.
Insurance
The carrier must maintain sufficient and valid insurance coverage, including Commercial General Liability, Automobile Liability, 3rd Party Liability, and Cargo Coverage. The cargo coverage must be enough to cover the full value of any load being transported, and all claims for loss or damage will be the sole responsibility of the carrier's insurance.
Confidentiality and Non-Solicitation
During the term of the agreement and for one year after termination, the carrier agrees not to solicit business from or work directly for any of Volume Freight Solutions' customers. The carrier also agrees not to offer employment to any Volume Freight Solutions employees or drivers, or anyone employed by a Volume Freight Solutions customer. The carrier will not communicate directly with customers except to coordinate pickups and drop-offs.