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Agreement Between Carriers-Freight Pickup And Delivery
AGREEMENT BETWEEN CARRIERS-FREIGHT PICKUP AND DELIVERY
Agreement made [Date of agreement], between [Name of Railroad], a corporation organized and existing under the laws of [State of Railroad], with its principal office located at [Address of Railroad], [City of Railroad], [State of Railroad], referred to in this agreement as railroad, and [Name of Trucker], a corporation organized and existing under the laws of [State of Trucker], with its principal office located at [Address of Trucker], [City of Trucker], County, [State of Trucker], referred to in this agreement as trucker.
The parties recite and declare that:
1. Railroad may from time to time put into effect certain tariffs under the terms of which it will provide truck service for the transportation of less-than-carload freight between its freight depot at [city or other location], and consignors and consignees locations in the area prescribed in such tariffs.
2. Trucker desires to perform so much of such truck service as railroad may request.
For the reasons set forth above, and in consideration of the mutual covenants and promises in this agreement, railroad and trucker agree as follows:
SECTION ONE
PICKUP AND DELIVERY
Trucker, when notified to do so by any authorized agent of railroad, shall promptly transport from railroads depot in [Location] to any consignees store, factory, warehouse, or other place of business located in or near such [city or as the case may be] all less-than-carload freight of every kind and nature billed to such consignee, and deliver the freight to such consignee at the place where such shipments are usually unloaded. Furthermore, trucker shall, when notified to do so by an authorized agent of railroad, promptly transport all less-than-carload freight that any shipper in such [city] may desire to have transported over the rails of railroad from the place where such shipments are usually delivered to truck or draymen, at the store, factory, warehouse, or other place of business of such shipper, to railroads freight depot at [Location].
All loading and unloading of such freight shall be done by trucker at truckers sole expense.
SECTION TWO
RECEIPTS
Trucker shall give receipts to shippers for all shipments received and shall furnish railroad with copies of such receipts. Furthermore, trucker shall take receipts, in duplicate, from all consignees for shipments delivered and give copies of such receipts to railroad. Railroad shall give receipts to trucker on delivery of all freight by trucker to railroad, and trucker shall give receipt to railroad for all freight delivered to trucker by railroad. All receipts given or taken under this section shall be on forms prescribed by railroad and shall carry notations as to the apparent condition of the freight at the time of receipt or delivery, if such freight is in other than good condition.
SECTION THREE
DELIVERIES OF FREIGHT SHIPPED ON BILLS OF LADING
Subject to instructions from railroad, no deliveries of freight shipped on order bills, or on straight bills of lading subject to delivery orders, shall be made by trucker until after the original order bills of lading or the delivery orders, properly indorsed, have been surrendered to trucker. Trucker shall promptly deliver to railroad all such original bills of lading and delivery orders, properly indorsed, that are surrendered by consignees on delivery of freight handled under this agreement.
SECTION FOUR
COLLECTIONS
(a) When requested by railroad so to do, trucker shall collect and pay to railroads agent, on the same day collected, whenever feasible, but in no event later than [noon of the next succeeding business day], all charges on inbound freight and all charges from consignors on outbound freight billed prepaid. Trucker shall furnish receipts for any sums so collected on forms and in the manner prescribed by railroad. Should trucker be unable to make such collections on inbound freight, trucker shall return the shipment to railroad at the point designated by railroads agent and receipt shall be given to trucker therefor.
(b) All collections shall be made in cash unless otherwise authorized in writing by railroad. Trucker shall in no case be liable for the payment of checks, or other noncash collections, that are accepted by trucker under such written authorization.
(c) In the event that trucker violates the provisions of this section, trucker shall be directly responsible to railroad for the freight charges involved in such collection or collections, and railroad will deduct such charges from any amounts due trucker for truckers services as provided in this agreement. Railroad need not exhaust railroads remedies against the person or persons primarily liable for such freight charges.
SECTION FIVE
LOSS OR DAMAGE TO FREIGHT
Truckers liability for loss or damage to freight handled under this agreement, while in truckers possession, shall be that of an insurer, and the records of railroad as to the condition of freight when received by railroad from trucker or when delivered by railroad to trucker shall be conclusive as between the parties. Such freight shall be deemed to be in truckers possession until its delivery to and acceptance by railroad or by the consignee as evidenced by the giving or taking of the receipts provided for in this agreement.
SECTION SIX
INDEMNITY
Trucker shall indemnify railroad against any and all loss, damage, cost, and expense, including attorney fees, that may be suffered or incurred by railroad, or by any person or persons, firm, association, or corporation, resulting from any of the following:
(a) Injury to or death of persons, including trucker or truckers employees, or loss or destruction of, or damage or delay to, property, including the conversion of property, caused by or resulting in any manner from any acts or omissions, negligent or otherwise, of trucker or of any of truckers agents, servants, or employees in performing or failing to perform any of the services or duties to be performed by trucker under this agreement.
(b) The issuance of any false or fraudulent bills of lading or delivery orders or the giving or receiving of any false or fraudulent receipts or delivery orders for any freight or for freight charges whether by trucker or by any of truckers agents or employees.
(c) Failure of trucker, or any of truckers agents or employees, to make collections and remittances to railroad as provided in this agreement or to take up and deliver to railroad order bills of lading or delivery orders as provided in this agreement.
(d) Theft, embezzlement, or defalcation by trucker or by any of truckers agents or employees.
Trucker shall comply strictly with all laws, rules, regulations, and ordinances, state, federal, or municipal, that are applicable to the operations and service to be performed by trucker hereunder, and shall indemnify railroad against all liability for any failure or default by trucker in this respect.
SECTION SEVEN
COMPENSATION
For the transportation and delivery of freight, and for the services incidental to such transportation and delivery, as provided in this agreement, railroad shall pay to trucker as follows: [specify rate of compensation]. Actual weights as shown by railroads records shall furnish the basis of payments under this agreement. All payments due trucker shall be made [specify time payment, such as: not later than the day of each calendar month for the business transacted during the next preceding calendar month]. Trucker shall accept from railroad each [month] as full compensation under this agreement such sum or sums.
SECTION EIGHT
TERM OF AGREEMENT
This agreement shall take effect on the day first written above, and shall remain in effect until terminated by either party on at least [Grace period for termination] days written notice to the other party, provided that railroad may terminate this agreement at any time immediately on written notice to trucker in the event of the enactment of any adverse legislation, order, or rule of any public authority or in the event that truckers services under this agreement shall be unsatisfactory to railroad.
SECTION NINE
INDEPENDENT STATUS OF TRUCKER
(a) During the term of this agreement, no person, firm, or corporation in any way interested in the freight to be transported under this agreement shall have or acquire any financial interest in trucker or truckers business. No portion of the money paid to trucker for services under this agreement shall by any device or arrangement be paid or refunded, directly or indirectly, to any shipper, consignee, or anyone in any way interested in the freight handled or transported under this agreement. No person, firm, or corporation in any way interested in the ownership of the freight to be transported under this agreement, or any employee of such person, firm, or corporation, shall be permitted to perform any of the trucking services covered by this agreement, and trucker shall not employ any vehicle or vehicles owned by or used in the regular course of business of any such person, firm, or corporation.
(b) Trucker shall be and remain an independent contractor with respect to railroad, and nothing contained in this agreement shall be construed as inconsistent with that status. In particular, trucker shall employ and direct all persons performing any service under this agreement, and such persons shall be and remain the sole employees of and subject to the control and direction of trucker, rather than railroad. Trucker shall conduct the work under this agreement in the name of trucker and shall not display the name or any advertisement of railroad on or about any of truckers vehicles.
SECTION TEN
BINDING EFFECT; ASSIGNMENT
This agreement cancels and supplants any and all other agreements and understandings between railroad and trucker covering the transportation of freight. The duties and obligations set forth in this agreement shall inure to and bind the legal representatives, successors, and assigns of the parties. However, any assignment of this agreement or any interest therein by trucker without railroads written consent having first been obtained shall be void and of no effect.
In witness whereof, the parties have executed this agreement at [designate place of execution] the day and year first above written.
Signature Date