The CARRIER must, prior to the implementation of this agreement, furnish to GLOBAL STAR TRANSPORTATION the following:
- A Copy of Carrier’s Certificate of Authority.
- Proof of Insurance Certificate.
- A signed W-9.
The DISPATCHER is an independent transportation dispatcher conducting Load Tendering Transitions between Shippers and/or Brokers, and Carriers who are authorized by the FMCSA to operate as a Registered Property Carrier Pursuant to licenses issued.
WHEREAS, CARRIER is a Motor CONTRACT Carrier subject to the jurisdiction of the ICC: NOW, THEREFORE, in consideration of the promises and covenants hereinafter contained, it is mutually agreed by and between the parties hereto as follows.
The transportation service provided by CARRIER for Shippers/Brokers is contract carriage between the CARRIER and Freight Shippers/Brokers and not between DISPATCHER. DISPATCHER is not a broker nor acting as a broker to the CARRIER.
Both DISPATCHER and CARRIER enter into this Agreement for the purpose of providing and receiving specified professional dispatch services under specified rates and conditions. DISPATCHER and CARRIER deem it essential to their respective interests to establish and maintain an Independent Contractor relationship in the execution and performance of this agreement.
DISPATCHER is NOT responsible for the following: load problems, Hours of Service issues; equipment issues, billing issues, advances, handling and storage of paperwork (all documents will be emailed to CARRIER), DOT compliance issues, and more (listed later).
NOW, THEREFORE, for and in consideration of the mutual covenants and undertakings herein, and subject to the terms and conditions hereinafter set forth, the Parties hereto warrant, covenant, and agree as follows:
Rate for Dispatching Services
CARRIER desires to retain DISPATCHER by executing a Limited Power of Attorney to find, negotiate, and procure freight and to dispatch CARRIER’s equipment at the following rate:
7% per load – Choose a start date that works best for you. No commitments, no hidden fees – just results.
*Plus any payment processing fees. Additional services are available upon request.
ALL BILLING, INVOICING, AND COLLECTIONS OF REVENUE FROM SHIPPERS, BROKERS, AND/OR FACTORING COMPANIES ARE THE SOLE RESPONSIBILITY OF THE CARRIER, UNLESS GLOBAL STAR TRANSPORTATION AND CARRIER HAVE ARRANGED AND AGREED UPON ADDITIONAL SERVICES PROVIDED TO THE CARRIER BY THE DISPATCHER.
If revenue for a shipment or shipments is uncollectible, GLOBAL STAR TRANSPORTATION will be held harmless, and no penalty or deduction of fees will be made.
The CARRIER agrees to maintain all proper licenses and permits (UCR, IFTA, IRP, etc.) to conduct business as a motor carrier in the area of intended operation, either Intrastate or Interstate. Additionally, CARRIER agrees to maintain General Liability Insurance of $1 million and Cargo Insurance of $100,000 & POWER ONLY Carriers must have at least $50,000 non-owned or interchange insurance. GLOBAL STAR TRANSPORTATION will be held harmless in the event of any and all claims.
After the Loads/Freight/Cargo are picked up and delivered, an amount equal to the above stated fees will be payable to: GLOBAL STAR TRANSPORTATION. Either party has the right to end this agreement without cause at any time with seven (7) days’ notice by written request.
STATEMENT OF WORK
GLOBAL STAR TRANSPORTATION WILL:
Find freight that best matches the profile for the CARRIER.
Fill out Broker Agreements on the CARRIER’s behalf.
Book loads on the CARRIER’s behalf.
Send rate confirmations to the CARRIER.
Upon the CARRIER agreeing to the load, GLOBAL STAR TRANSPORTATION will fax or email shipper/broker: the Carrier’s Authority, W-9, proof of insurance (COI), and will order insurance certificates if required, along with any other required supporting documentation.
Prepare directions to shipper/consignee, if necessary.
Assist with any problems that arise in the transit of the load when necessary, within our capabilities. CARRIER is responsible for own equipment; we can direct you to a service that may be helpful.
All load information is available to the CARRIER at all times, GLOBAL STAR TRANSPORTATION will hold on to the dispatch, accessorial information, etc. until the load is completed.
OBLIGATIONS OF DISPATCHER:
DISPATCHER agrees to handle paperwork, phone calls, and faxes from the BROKER or SHIPPER to tender commodities shipments to CARRIER for transportation in interstate commerce by CARRIER between points and places within the scope of CARRIER’S operating authority.
DISPATCHER bears no financial or legal responsibility in the transaction between the SHIPPER or Broker and you the CARRIER.
DISPATCHER will:
A. Make 100% effort to keep truck(s) loaded.
B. Will contact CARRIER (by phone call/text/email) about EVERY load we find to offer, and the driver will ACCEPT or REJECT the load.
C. Invoice the CARRIER at the time of service; also provide a copy of each Load Confirmation Sheet.
OBLIGATIONS OF CARRIER:
CARRIER will be invoiced once weekly. The invoice will be sent out Friday, for all your completed weekly loads, and due Monday.
CARRIER gives DISPATCHER authority to provide his or her signature for rate confirmation sheets, invoice, and associated paperwork necessary for securing cargo and billing purposes. The terms of this agreement shall be continuous, provided that either party may terminate this agreement at any time.
CARRIER agrees to collect payment from the Shipper/Broker promptly, following receipt of a freight bill and proof of delivery of each shipment to its assigned destination, free of damage or shortage. The amount to be paid by Shipper/Broker to CARRIER shall be established between the parties on a per shipment basis prior to commencement of each individual shipment. A load confirmation, including details of shipment and revenue to be paid, will be supplied via FAX or EMAIL by Shipper/Broker to CARRIER and DISPATCHER. Confirmation will be signed by DISPATCHER and returned via FAX or EMAIL to Shipper/Broker.
Payments due to the DISPATCHER for services rendered are not contingent on outstanding payments due to the CARRIER for loads that he/she has hauled for the SHIPPER OR BROKER. Failure to pay the DISPATCHER for services rendered will result in termination of the agreement and services immediately unless otherwise determined by the DISPATCHER.
CARRIER agrees to text DISPATCHER when they arrive at the shipper.
CARRIER agrees to text DISPATCHER a picture of the loaded cargo once loaded.
CARRIER agrees to text DISPATCHER once they are on their way to the receiver.
CARRIER agrees to text DISPATCHER once they arrive at the receiver.
CARRIER agrees to text DISPATCHER once unloaded by the receiver.
CONSIDERATION
CARRIER agrees to pay DISPATCHER the agreed fees per the load dispatched (fees subject to change upon written notice) or as per the agreed quotes and terms.
These agreed term rates will be required to be paid to DISPATCHER as per the conditions of the agreement.
A 4 day grace period will be allowed before the account becomes overdue. At 10 days the account will be suspended and a reactivation fee of $200 will apply in addition to any overdue fees. After 30 days the account will be placed for collections and the MC Authority # will be subject to a negative carrier performance rating.
DISPATCHER will invoice the CARRIER as per the terms of the agreement via email of said invoices. Payment can be made to DISPATCHER by Credit/Debit Card, ACH, Zelle, QuickBooks. Once the payment is processed, the CARRIER will be sent a confirmation receipt via email with the address on file. It is your obligation to update any contact information as soon as possible, as this is required for our billing system.
Once a load has been set up for the CARRIER and all information given, it will be the responsibility of the CARRIER to stay in contact directly with the assigned dispatcher and/or shipping party for any problems, issues, delays, overages, shortages, damages, or billing and collections issues.
ADDITIONAL PROVISIONS
In no event will DISPATCHER be liable for any incidental, consequential, or indirect damages for the loss of profits, or business interruption arising out of the use of the service.
In case of cancellation of loads on behalf of the Carrier FOR ANY REASON, the CARRIER is still LIABLE for the agreed (%) of the load to the DISPATCHER, excluding equipment breakdowns or if the driver becomes ill. Cancellation of loads will greatly impact your CARRIER rating with brokers as they report this to Carrier411.
We do not guarantee a minimum gross amount for trucks under our dispatch service, but our weekly gross quota is $5,000. Each truck, however, is able to gross up more depending on how hard the driver is willing to work.
Loading Procedures
Commercial vehicles must be loaded in such a manner as to prevent their cargo from leaking, spilling, blowing, or falling from the vehicle. The cargo must be immobilized or secured to prevent shifting to the extent that the vehicle’s stability or maneuverability is affected.
All vehicle structures, systems, parts, and components used to secure cargo must be in proper working order with no damaged or weakened components that will adversely affect their performance. Cargo must be firmly immobilized or secured on or within a vehicle by structures of adequate strength, dunnage or dunnage bags, shoring bars, tie-downs, or a combination of these.
Articles of cargo that are likely to roll must be restrained by chocks, wedges, a cradle, or equivalent means to prevent rolling. Federal regulations provide for specific means of securing logs, building products, metal coils, paper rolls, concrete pipes, intermodal containers, automobiles, heavy equipment, crushed vehicles, and boulders.
Cargo must be secured so that when a vehicle decelerates at a rate of 20 feet per second, the cargo will remain on the vehicle and will not penetrate the vehicle’s front-end structure. Any vehicle having a load or component that extends beyond the sides more than 4 inches or more than 4 feet beyond the rear must have the extremities marked with a red or orange, fluorescent warning flag. If the projecting load is 2 feet in width or less, only one flag is required at the extreme rear of the load. If the projecting load is greater than 2 feet in width, two flags must be used at the extreme width and length on each side of the load.
Responsibilities for Proper Loading
A driver cannot operate a commercial vehicle unless (1) the cargo is properly distributed and adequately secured, (2) the means of fastening the cargo is secured, and (3) the cargo does not obscure the driver’s view or interfere with the movement of his arms or legs. A driver must assure himself that the load is adequately secured before he drives the vehicle and must examine the cargo and its load-securing devices within the first 50 miles after beginning a trip and adjust the load-securing devices as needed. The driver must also reexamine the cargo and its securing devices when he makes a change of his duty status, after the vehicle has been driven for three hours, or after the vehicle has been driven 150 miles, whichever comes first.
The load inspection procedures do not apply to a sealed trailer when the driver has been ordered not to open it or to a trailer that has been loaded in a manner that makes inspection of the cargo impracticable.
If a member of the public is injured because of improperly loaded cargo, both the shipper who loaded the cargo and the Client may be held liable for the injury. A shipper that assumes responsibility for loading the vehicle can be held liable for improperly securing a load under a common law theory of negligence, and federal regulations will provide evidence of the proper standard of care to be utilized by the shipper in loading the vehicle. When the driver himself is injured in an accident, the shipper cannot be held liable for the improper loading of the vehicle unless the loading defects are latent and concealed and cannot be discerned by ordinary observation by the agents of the Client. In determining if the defect in loading is patent and should have been discovered by the driver, a court will take into consideration the experience of the driver and whether the driver is given assurances by the shipper’s employees that there is no defect in the loading of the cargo. A motor Client cannot be held liable for improperly loading a sealed trailer since the driver does not have the opportunity to inspect the load.
When a person is injured during the loading or unloading process at the shipper or consignee’s facility, the trucking company’s liability will be determined according to the rules applicable to the facility owner, and the company will be subject to the same liability or freedom from liability as the owner.
DISPATCHER is also NOT responsible for:
Detention (we will work on your behalf to secure it). We do not take a percentage of detention. Detention is NOT guaranteed by brokers.
Under no circumstances should you ever remove an empty trailer from shipper/receiver after delivery of a load unless written on rate confirmation. DISPATCHER will not be responsible for your actions or loss of revenue of such actions.
TONU (we will work on your behalf to secure it). We do not take a percentage of TONU.
It is mandatory that the driver follows only the instructions on the Rate Confirmation. Any verbal instructions by receiver/broker/shipper or any other party such as but not limited to #2 above are not the responsibility of DISPATCHER. Any actions taken outside the scope of the rate confirmation will be the carrier’s responsibility. No Exceptions.
DISPATCHER does NOT take ownership or responsibility for any cargo or trucks.
To exercise to perform any act, power, duty, right, or obligation whatsoever that CARRIER now has or may hereafter acquire. CARRIER agrees to DISPATCHER full power and authority to do everything necessary in exercising any of the powers granted here as fully as CARRIER might or could do if personally present, with full power of substitution or revocation, ratifying and confirming all that DISPATCHER shall lawfully do or cause to be done by virtue of this power of attorney and powers granted here.
The CARRIER hereby appoints and authorizes GLOBAL STAR TRANSPORTATION, to act and speak on its behalf as pertaining to: Professional Dispatch Services. GLOBAL STAR TRANSPORTATION shall have the power to:
- Contact shippers and brokers, negotiate rates, and procure agreed upon freight for carrier.
- Sign and execute broker contracts and rate confirmations for freight.
- Transfer paperwork as it pertains to each load (broker contracts, rate confirmations, BOLs, PODs, lumper receipts and any other relevant documents) to move cargo for shippers and/or brokers.
- Transfer company credentials (carrier profile, MC Certificate, W-9, certificate of insurance, and any other relevant documents) to move cargo for shippers and/or brokers.
- Submit load documents for payment (invoices, rate confirmations, BOLs, PODs, lumper receipts, and any other load documents) to shippers, brokers, and/or carrier’s current factoring company), if requested.
- Request trip and oversize, overweight, and over-dimensional permits, if requested.
- Process FMSCA documents (IFTA taxes, Form 2290, UCR, MCS-150, IRP, BOC3, compliance, safety audits etc.), if requested.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date below and it shall remain in effect until terminated by either party.
This is to remain in full force and effect until revoked by me in writing. Such revocation is to be emailed to:
GLOBL STAR TRANSPORTATION LLC
info@globalstartransportation.com