Whereas, Carrier is a MOTOR CONTRACT CARRIER, desiring to retain 7 Logistics Trucking, LLC by executing a Limited Power of Attorney form to secure freight and dispatch Carrier's equipment. Signing rate confirmations and submitting invoices on the behalf of the carrier.
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Whereas, 7 Logistics Trucking, LLC is a transportation dispatching service provider handling the necessary paperwork between shippers/brokers and the Carrier.
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The Carrier must prior to the implementation of this agreement furnish to 7 Logistics Trucking, LLC the following:
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1. A signed Limited Power of Attorney form (inclusive of this document) 2. Copy of Carrier's Authority. (Upload at bottom of form) 3. Proof of Insurance Certificates** ** We require at least $1,000,000 in Automobile Liability (scheduled autos Also, Cargo of $100,000 is required by most brokers. Power Only also requires trailer interchange insurance. 4. A signed W-9. (Upload at bottom of form) 5. This Agreement form completed, dated, and signed. (Digital signature at bottom of form)
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1. Find freight that best matches profile for the Carrier discussed during initial consultation.
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2. Upon the Carrier agreeing to the load, 7 Logistics Trucking, LLC will fax to shipper / broker the Carriers, Authority, W-9, proof of insurance, and order insurance certificates if required, along with any other required supporting documentation.
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3. Handle the setting of appointments.
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4. Prepare directions to shipper/consignee.
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5. 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 maybe helpful.
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6. All load information is available to the Carrier at all times within our proprietary TMS platform.
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7. Upon forwarding the final load confirmation, and emailing/texting all documentation to the Carrier, the services of 7 Logistics Trucking, LLC have been fully performed. Documents live indefinitely on carrier’s dashboard of 7 Logistics Trucking, LLC TMS platform.
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1. Dispatcher agrees to handle paperwork, phone, and email to and from the Broker or Shipper to tender commodities or shipments to Carrier for transportation in interstate commerce by Carrier between points and places within the scope of Carrier's operating authority.
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2. Dispatcher bears no financial or legal responsibility in the transaction between the Shipper, Carrier agreement.
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Make a 100% effort to keep Carrier truck(s) loaded.
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Carrier will be contacted regarding each load we find and the driver will Accept or Reject the load.
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7 Logistics Trucking, LLC is a No Forced Dispatch service provider.
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1. Carrier gives 7 Logistics Trucking, LLC authority to provide his/her signature for rate confirmation sheets, invoices and associated paperwork necessary for securing cargo and billing purposes. Limited Power of Attorney seen later in agreement below.
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2. 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 to Carrier and 7 Logistics Trucking, LLC. Confirmation will be signed by 7 Logistics Trucking, LLC and returned via FAX or EMAIL to Shipper.
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The Carrier agrees to pay 7 Logistics Trucking, LLC the agreed percentage (%) of the load dispatched (percentage subject to change upon written notice) or as per the agreed quotes and terms, as stated in Section 2 of this agreement. This is the amount discussed during initial consultation of our services. These agreed term rates will be required to be paid to 7 Logistics Trucking, LLC as per the conditions of the agreement. A 5-day grace period will be allowed before the account becomes overdue. At 13 days the account will be suspended and a reactivation fee of $200 or a 10% late fee (whichever is greater) to the unpaid invoice will apply in addition to any other overdue fees. All Invoices due Net 5 Days. After 30 days the account will be placed for collections and MC Authority# will be subject to a negative carrier performance rating (CPR
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7 Logistics Trucking, LLC will invoice the Carrier as per the terms of the agreement via email of said invoices. Payment can be made to 7 Logistics Trucking, LLC by Credit/Debit Card, ACH or through your factoring partner. Once the payment is processed the Carrier will be sent a confirmation receipt via email with address on file. It is your obligation to update any contact information as soon as possible as this is required for our billing system.
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NOTE: We will only send one invoice per Trucking Motor Carrier number (MC# If you have multiple drivers under one MC# you as the MC holder will need to collect from your leased-on drivers if applicable.
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Once a load has been set up for the Carrier and all information given, it will be the responsibility of the Carrier to handle directly with assigned dispatcher and shipping party any problems, issues, delays, overages, shortages, damages, or billing and collections issues.
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In no event will 7 Logistics Trucking, LLC 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.
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A. Cancelation of loads on the behalf of the Carrier FOR ANY REASON the Carrier is still LIABLE for the agreed (%) of the load to the Dispatcher. Excluding equipment breakdown or driver becomes ill.
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B. CARRIER gives DISPATCHER authority to provide his/her signature for rate confirmation sheets, invoices, and associated paperwork necessary for securing cargo and billing purposes only. The terms of this agreement shall be perpetual, provided that either party may terminate same by giving 7 calendar days written notice.
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Commercial vehicles must be loaded in such a manner as to prevent its 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, tiedowns 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.
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It is the responsibility of the carrier/driver to TARP loads as stated on the rate confirmation. Damage to commodities due to failure of tarping when required is the responsibility of the MC holder.
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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 which 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.
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C. RESPONSIBILITIES of PROPER LOADING
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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.
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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
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If a member of the public is injured because of improperly loaded cargo, both the shipper who loaded the cargo and the carrier 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.
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When the driver himself/herself 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 carrier. 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.
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A motor carrier cannot be held liable for improperly loading a sealed trailer since the driver does not have the opportunity to inspect the load.
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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.
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7 Logistics Trucking, LLC is NOT responsible for:
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1. Billing Issues between carrier and broker/shipper. 7 Logistics Trucking, LLC will assist wherever possible to help resolve issues.
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2. Load problems
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3. Advances (All advances will have to be handled directly between Carrier and Shipper / Broker)
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4. DOT compliance issues
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5. Detention (We will not pay for but we will work on your behalf to secure) We do not take a percentage of detention. Detention is NOT guaranteed by brokers.
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6. Under no circumstances should you ever remove an empty trailer from shipper/receiver after delivery of a load unless written on rate confirmation. 7 Logistics Trucking, LLC will not be responsible for your actions or loss of revenue of such actions. Yes, this has happened during a COVID emergency at receiver.
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7. TONU (We will not pay for but we will work on your behalf to secure) We do not take a percentage of TONU.
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8. Follow only the instructions on the Rate Confirmation. Any verbal instructions by receiver/broker/shipper or any other party such as but not limited to #6 above are not the responsibility of 7 Logistics Trucking, LLC. Any actions taken outside the scope of the rate confirmation will be at the carrier's responsibility. No Exceptions.
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9. 7 Logistics Trucking, LLC DOES NOT take ownership or responsibility for any cargo or trucks.
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To exercise to perform any act, power, duty, right or obligation whatsoever that Client now has or may hereafter acquire. Client agrees to 7 Logistics Trucking, LLC full power and authority to do everything necessary in exercising any of the powers granted here as fully as Client might or could do if personally present, with full power of substitution or revocation, ratifying and confirming all that 7 Logistics Trucking, LLC shall lawfully do or cause to be done by virtue of this power of attorney and powers granted here.
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Contract Powers
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To make, do, and transact every kind of business solely pertaining to the duties of freight dispatching and also for Client and in its name, and as its act and deed, to sign, seal, execute, deliver and acknowledge such transportation contracts, agreements, bills of lading, bills, releases and such other documents and instruments in writing of whatever kind and nature as may be necessary or proper in the premises, as fully as Client might do if done in its own capacity.
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Settlement Powers
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To adjust, submit to shippers and brokers matters, which are now subsisting or may hereafter arise between Client or 7 Logistics Trucking, LLC and any other person or persons, or in which any property, right, title, interest or claimed by Client may be concerned.
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Photographic Copies
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Photographic or other facsimile reproductions of this executed power may be made and delivered by 7 Logistics Trucking, LLC and may be relied upon by any person to the same extent as though the copy were an original. Anyone who acts in reliance upon any representation or certificate of 7 Logistics Trucking, LLC, or upon a reproduction of this power, shall not be liable for permitting 7 Logistics Trucking, LLC to perform any act pursuant to this power.
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Governing Law
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This agreement shall be governed by and construed in accordance with laws of the State of Texas without giving effect to any choice of law or conflict of laws provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
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Jurisdictions and Venue
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7 Logistics Trucking, LLC and the Carrier hereby consent to and agree to submit to the jurisdiction of the Federal and state courts located in Dallas Fort, TX in connection with any claims or controversies arising out of the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as the date written.
