Motor Carrier (hereinafter “CARRIER”) acknowledges the following terms and conditions contractually govern CARRIER’s relationship with Haulistic LLC (Hereinafter “HAULISTIC”). CARRIER further acknowledges and represents their employees and agents are duly authorized to enter into this agreement with HAULISTIC on their behalf. CARRIER agrees to the following terms and conditions without exception unless a separate written agreement exists.
1. CARRIER understands and agrees these Terms and Conditions constitute a waiver under 49 USC § 14101(b). CARRIER agrees to use the Bill of Lading (hereinafter “BOL”), regardless of form, created by the shipper. CARRIER waives any terms and conditions indicated on the BOL (with the exception of specific instructions and directions provided by Consignor). CARRIER waives all terms and conditions of service indicated on CARRIER’s website or in CARRIER’s “Rules Tariff” that may conflict with these terms and conditions. CARRIER agrees any BOL utilized in connection with services provided by CARRIER merely serves as a receipt for the shipment and proof of delivery. CARRIER agrees BOL is not the contract of carriage. CARRIER further agrees that the terms and conditions stated herein are the contract of carriage.
2. CARRIER agrees these terms and conditions of transportation are incorporated by reference when CARRIER submits the HAULISTIC Carrier Profile to become a carrier for HAULISTIC, physically or digitally signs the HAULISTIC Load Rate Agreement (Hereinafter “LRA”) or picks up a shipment arranged by HAULISTIC. CARRIER agrees these terms and conditions serve as an addendum to the HAULISTIC Carrier Profile and/or LRA and are incorporated by reference on the HAULISTIC Carrier Profile and the HAULISTIC LRA. CARRIER agrees that these terms and conditions are binding and constitute CARRIER’S agreement with HAULISTIC in its entirety.
3. CARRIER agrees it will not, under any circumstances, broker shipments arranged by HAULISTIC to any other Carrier, Broker, Intermodal Marketing Company (IMC), Freight Forwarder (FF) or Third-party Logistics Provider (3PL). CARRIER will not use intermodal traffic to transport this shipment unless expressly directed via written authorization by HAULISTIC. If CARRIER violates any portion of this provision, CARRIER agrees that the entity engaged by CARRIER is acting solely as their Agent and will be considered “one and the same” as the original CARRIER engaged by HAULISTIC. CARRIER agrees it is fully liable for any third party it engages in violation of these terms and conditions.
4. CARRIER represents that it has current, legal operating authority, has a Satisfactory FMCSA Safety Rating and is in complete and full compliance with all applicable DOT, FHA, EPA, FDA, TSA and FMCSA rules and regulations as well as all other applicable local, state and federal ordinances, regulations and laws.
5. CARRIER will at all times be in compliance with the FEDERAL MOTOR CARRIER SAFETY REGULATIONS indicated at 49 C.F.R. 390 as well as all HAULISTIC’s qualification requirements.
6. CARRIER agrees it can lawfully pick up and deliver shipments in accordance with the times indicated on the Load Rate Agreement (LRA).
7. CARRIER agrees that it is not being coerced into transporting HAULISTIC shipment(s) nor is CARRIER coercing its driver(s) to transport HAULISTIC shipment(s) in accordance with 49 CFR § 390.6.
8. CARRIER agrees to obtain and maintain insurance via an insurance company rated A.M. Best A- or better. The policy or policies required hereunder shall be primary and non-contributory to any insurance and/or self-insurance program carried by HAULISTIC as follows: (a.) Worker’s Compensation Insurance including coverage for all costs, benefits and liabilities under Worker’s Compensation and similar laws for all states in which services are to be performed hereunder, and Employer’s Liability Insurance with limits of liability of at least One Hundred Thousand Dollars ($100,000) per accident or disease and Five Hundred Thousand Dollars ($500,000) in aggregate by disease; (b.) Commercial General Liability Insurance including but not limited to: premises/operations, contractual, personal injury, and products/completed operations liabilities, with limits of at least One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage combined. HAULISTIC shall be named as an additional insured and the policy shall include a severability of interest clause in favor of the additional insured; (c.) Motor Vehicle Liability Insurance including coverage for all owned, non-owned and hired vehicles with limits of at least One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage combined; (d.) Cargo Legal Liability Insurance. Coverage for all damage to the Materials for shipments tendered to CARRIER with limits of not less than One Hundred Thousand Dollars ($100,000) per vehicle conveyance or shipment); (e.) Warehousemen’s Legal Liability Insurance. If CARRIER has Materials in its care, custody and control in its warehouse, CARRIER must provide coverage under its property insurance policy therefore in an amount equal to the replacement value of such Materials; (f.) Other Insurance: Any other insurance required by the United States Department of Transportation or any other government agency whose rules and regulations may apply to or govern the performance of this Agreement. Insurance deductibles, if any, are for CARRIER’s account and responsibility. Certificates of Insurance: Prior to the inception of this Agreement, CARRIER shall provide to HAULISTIC certificates of insurance evidencing full compliance with the insurance requirements contained herein.
9. CARRIER’s dispatcher agrees it must call upon their driver’s departure from pick up origin and daily between 8 am and 10 am until all lading is delivered. CARRIER’s dispatcher must call immediately if any delays are anticipated or experienced.
10. CARRIER agrees that it can legally transport shipments weighing up to 45,000 pounds.
11. CARRIER agrees that in the instance of being engaged to transport “food stuffs”, it is in full compliance with the Food Safety Modernization Act regulations indicated at 21 U.S.C.
12. CARRIER acknowledges that any exception (overages, shortages, damages, etc.) must be reported by CARRIER’s dispatcher before driver leaves the delivery location noting the exception.
13. Upon final delivery, CARRIER’s dispatcher must call with all drop-off and/or final delivery information, including the name of the individual who signed the delivery documentation.
14. CARRIER agrees any and all accessorial charges must be pre-approved in writing at the time of occurrence by an authorized HAULISTIC representative and must accompany the original invoice with original receipts.
15. CARRIER agrees accessorial charges are paid on a per-occurrence, pre-approved basis. Accessorial rates will be negotiated on a load by load basis. Accessorial charges must be mutually agreed upon by all parties and confirmed in writing.
16. CARRIER agrees to use HAULISTIC’s Fuel Surcharge calculation.
17. CARRIER must present the signed Load Rate Agreement (LRA), the signed copy of the delivery BOL in order to receive payment for services provided.
18. CARRIER agrees all billing must be submitted on one bill within thirty (30) days of the delivery date indicated on the Load Rate Agreement. Failure to do so may result in a forfeiture of CARRIER’s right to collect.
19. CARRIER agrees to waive any and all penalties that may arise as a result of late payment of freight charges.
20. CARRIER agrees that, in the event of an accident involving the impoundment of this shipment, CARRIER will immediately pay any monies due the impounding party in order to gain access, recovery and mitigation of the involved goods related to this shipment.
21. CARRIER agrees to handle cargo loss and damage claims in strict accordance with 49 CFR § 370. In the event of a cargo loss and damage claim, CARRIER agrees to accept the commercial invoice price of the goods as the full, actual loss. CARRIER agrees to accept the filing of cargo loss and damage claims by HAULISTIC on behalf of its related entities, shippers, consignees and/or its customers. CARRIER agrees that HAULISTIC has the right to set-off against invoices for any disputed or unresolved claims older than 120 days. CARRIER agrees to forfeit its right to salvage in lieu of a comparable credit for the damaged goods. CARRIER also agrees to promptly notify its insurance provider of any and all claims within forty eight (48) hours of receipt of claim from HAULISTIC.
22. CARRIER agrees these terms and conditions shall be construed under and in accordance with the laws of the State of Illinois. Without regard to principles of conflicts of laws, suits to enforce these terms and conditions or any provision thereof, will be brought exclusively in the federal courts located in the State of Illinois, unless subject matter jurisdiction is lacking, in which case suit may only be brought in the state courts located in DuPage County, Illinois.
23. CARRIER has full liability under 49 USC § 14706 in conjunction with all other liabilities stated herein, unless otherwise agreed to in a separate written agreement.
24. CARRIER agrees to indemnify and hold harmless HAULISTIC, its parent companies and all subsidiaries, agents, employees, customers, shippers, consignees and contractors for any damages they may suffer due to the CARRIER’s actions or negligence.
25. CARRIER, in performing its services for HAULISTIC, is acting as an independent contractor and neither the CARRIER nor any of its employees or agents shall represent and be considered as being an employee or agent of HAULISTIC, its subsidiaries, customers, its shippers or its consignees. If HAULISTC’s name appears in the “Carrier” field of the bill of lading, it is merely as a matter of convenience for the shipper and in no way changes HAULISTIC property broker status.
26. CARRIER agrees that HAULISTIC is the sole payor of all freight charges associated with HAULISTIC shipments. CARRIER furthermore waives its right to collect freight charges directly from the shipper or consignee. CARRIER agrees it will not assign Disputed or Past Due invoices to any third party collection agent.
27. CARRIER waives its right to lien shipments in its possession.
28. CARRIER agrees rate indicated on the Load Rate Agreement (LRA) is predicated on CARRIER’s execution of the shipment tendered in accordance with these terms and conditions and thusly may be subject to change due to defects in CARRIER’s performance.
29. CARRIER agrees, in the instance of changes to original shipment/load plan, CARRIER will work with HAULISTIC to adjust load rate accordingly in a fair and equitable manner.
30. CARRIER agrees that it is currently solvent, economically viable, financially sound and is not in any form of bankruptcy.
31. CARRIER agrees and attests that it is not under any criminal, financial or ethics investigation of any kind.
32. CARRIER agrees that these terms and conditions are contractually binding on all parties.
33. CARRIER acknowledges that it has read and fully understands, agrees with, and is subject to all of the provisions and requirements of these terms and conditions.
34. CARRIER agrees to waive its right to access records detailed under 49 CFR § 371.3.
35. CARRIER expressly agrees it shall not solicit business from nor perform services directly or indirectly on behalf of any shipper/consignee first introduced to CARRIER by HAULISTIC.
Effective Date: 08/08/2023