AGREEMENT BETWEEN CARRIERS
FREIGHT PICKUP AND DELIVERY
Agreement made __________ (date), between
__________, a corporation organized and existing under the laws of ____________
(state), with its principal office located at
_________________________________________ (address), ________________ (city),
______________ County, ___________ (state), referred to in this agreement as
railroad, and __________________________________, a corporation organized and
existing under the laws of _______________ (state), with its principal office
located at _______________________________________ (address), ______________
(city), _____________ County, __________ (state), 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 consignee’s 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 trucker’s 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 railroad’s 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 railroad’s
remedies against the person or persons primarily liable for such freight
charges.
SECTION FIVE
LOSS OR DAMAGE TO FREIGHT
Trucker’s liability for loss or damage to freight
handled under this agreement, while in trucker’s 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 trucker’s 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 trucker’s 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 trucker’s 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 trucker’s agents or employees.
(c) Failure of trucker, or any of trucker’s 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 trucker’s 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 railroad’s 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 __________ day’s 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 trucker’s 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
trucker’s 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
trucker’s 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 railroad’s 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
