Broker Carrier Agreement - rxosolutionsinc

RXO Capacity Solutions Broker's Carrier Agreement

This Agreement shall govern all shipments arranged for by BROKER as a property broker and tendered by it to Carrier for transportation by Carrier. This Agreement shall be effective one year from the date of execution and shall automatically renew on the anniversary date unless canceled by either party in writing on 60 days’ notice and the rate is $1,600 per day.

CARRIER warrants that it maintains personal injury and property damage insurance ($1,000,000 minimum per occurrence or CSL) as required by 49 CFR 387 of the FMCSA. In addition, Carrier warrants that it maintains all risk (broad form) motor cargo insurance as required in the amount equal to the full value of the maximum quantity of goods expected to be transported at any one time under this AGREEMENT, but in no event in an amount less them $100,000.00 per shipment, to compensate BROKER, consignor or consignee for any and all loss or damage to property which was placed in possession or control of CARRIER in connection with transportation services under this AGREEMENT. CARRIER shall maintain worker’s compensation insurance as required by state law in connection with its transportation operations and services under this AGREEMENT. CARRIER agrees that its cargo and liability insurance policies shall require the insurance carrier(s) to give BROKER written notice thirty (30) days prior to the day the cancellation of such policies. CARRIER shall furnish to BROKER, copies of insurance policies and Standard Certificate(s) of insurance for both cargo and the liability risk naming Important Note Before Signing: By signing this Agreement, both parties affirm their commitment to uphold the terms and conditions outlined herein. The Carrier acknowledges that the $300 deposit is a refundable commitment fee, and its refund is contingent upon fulfilling all contractual obligations as stipulated in this Agreement. certificate holder.

Carrier agrees that at no time during the term of this contract with Broker, shall it have an “Unsatisfactory” or “Conditional” safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA) and that it has no knowledge of any threatened or pending interventions by FMCSA; if carrier receives an “Unsatisfactory” safety rating, or a rating has changed from “Satisfactory to “Conditional” or if any future safety rating has otherwise been downgraded by FMCSA, it shall immediately notify BROKER and shall not transport any freight hereunder without BROKER’s prior written consent. The provisions of this paragraph are intended to include safety rating designations which may replace those above, which are subject to change by FMCSA at any time.

BROKER agrees to pay CARRIER for the transportation of freight moved under this AGREEMENT in accordance with the rates set forth in Appendix “1” attached hereto and made a part hereto, or as set forth in rate confirmation sheets, which will become part of this contract. Instant Payment terms are working with in same day from the date of receipt of all paperwork and supporting documents. Modifications or additions to these rates must be agreed to in writing to meet specific shipping schedules. Verbally modified rates must be confirmed in writing and signed by both parties. If BROKER pays the freight invoice on a reduced amount, such shall constitute the agreement rate, unless CARRIER indicates in writing the contract to BROKER within sixty (60) days of its receipt of payment. All modification and additions to the rates made either in writing or verbally and confirmed in writing, or as established by the billing and payment by the parties together with the underlying freight bills, shall be deemed as appendices to and considered a part of, the AGREEMENT.

BROKER and Carrier agree that this written bilateral contract is made in accordance with 49 U.S.C. 14101(b) and that all applicable statues, duties and obligations are expressly waived to the extent they are in conflict with the terms and conditions of this Agreement. No rule, tariff classification, term or condition not expressly included in this document or agreed to in writing and acknowledge by both parties shall modify or supersede the terms and conditions of this Agreement.

CARRIER shall comply with all federal, state and local laws, including but not limited to, laws governing the safe operation of commercial vehicles, employment laws, etc. Carrier warrants that its equipment is maintained in good order, and is suitable for the transportation of the shipments tendered to it. As an independent contractor, Carrier agrees to defend and indemnify and hold harmless Broker and its customers from and against all fines or penalties and liabilities resulting from Carrier’s failure to comply with such laws, rules, regulations, or ordinances. The parties agree that this Agreement is not intended to create a joint venture or a subcontracting relationship. Carrier warrants that it is solely responsible for compliance with all workmen’s compensation law governing its employees and that it is in compliance with those laws.

As required by law and regulations, the CARRIER shall issue a Uniform Straight Bill of Lading to the Shipper showing the actual Consignor and Consignee and BROKER shall not be shown on the document in any capacity except as the “BROKER” arranging transportation in the “Bill To” section in “Special Instructions” or in the “Routing” section of such document. CARRIER shall issue all Bills of Lading in its own name and shall be liable to the owner of the freight for the actual loss and damage to that freight transported under this AGREEMENT, while in the care or custody of the CARRIER subject to the requirements of 49 U.S.C. 14706. All claims for loss and damage salvage shall be handled and processed in accordance with the regulations of FMCSA as published in 49 CFR 370. BROKER reserves the right to offset freight invoices for any loss, damages, pallet charges, or any other charges that are created by the CARRIER in their performances under this AGREEMENT. Claims liability and payments are the responsibility of the CARRIER, not BROKER to pay BROKER on behalf of the shipper. If the terms, conditions or provisions of the bill of lading or any other shipping form utilized shall be in conflict, this AGREEMENT shall govern.

CARRIER agrees to defend and hold BROKER, the consignee, and consignor, harmless from and indemnify BROKER for any liability resulting from loss or damage to any freight transported by CARRIER pursuant to this AGREEMENT, including all costs to defend claims, including attorney fees. CARRIER also agrees to defend and hold BROKER harmless from, and indemnifies BROKER for, any liability resulting from personal injury or property damage that may occur during the operations of CARRIER pursuant to this AGREEMENT, including all costs to defend claims including attorney’s fees.

CARRIER will bill charges for transportation services directly to BROKER and CARRIER shall provide BROKER with an original signed Bill of Lading and Delivery Receipt (or certified copy of same), plus a copy of the signed rate addendum in order to receive payment. CARRIER must invoice BROKER with the original Bill of Lading and Proof of Delivery within 60 days or forfeit payment. It is CARRIER’S responsibility to provide documentation for any and all accessorial charges except for fuel surcharge.

The relationship of CARRIER to Important Note Before Signing:
By signing this Agreement, both parties affirm their commitment to uphold the terms and conditions outlined herein.
The Carrier acknowledges
that the $300 deposit is a refundable commitment fee, and its refund is contingent upon fulfilling all contractual obligations
as stipulated in this Agreement. shall at all times, be that of an independent contractor, except that BROKER shall be the agent for CARRIER for the collection and payment of charges to CARRIER. The CARRIER authorizes BROKER to invoice the customer a consignee, or consignor, for freight charges on behalf of the CARRIER and agrees to BROKER, as their customer, is solely responsible for payment at all charges to the CARRIER.

CARRIER at its sole cost and expense shall furnish all equipment required for its services hereunder and shall maintain all equipment in good repair and condition. CARRIER, at its sole cost and expense, shall employ for its services hereunder only competent and legally licensed personnel. Without the prior written consent of BROKER, CARRIER shall not permit any shipment tendered hereunder to be transported by any other motor carrier or in substituted service by railroad or other modes of
transportation (No double brokerage under any circumstances).

The provision of this AGREEMENT shall be binding upon and ensure directly to the benefit of the parties hereto and the consignor and consignee of all shipments transported hereunder and may be independently asserted and enforced by them. Obligations of this AGREEMENT are separate and divisible and in the event that any clause is deemed unenforceable, the balance of the AGREEMENT shall continue in full force and effect.

CARRIER agrees that BROKER’S compensation hereunder for its services is confidential and need not be disclosed to CARRIER. CARRIER further agrees that it will not reveal to anyone the terms of this AGREEMENT, the pricing of transportation services, or any other details of the business conducted between CARRIER.

This contract is binding upon the parties hereto, their successors and assigns, and shall be construed under the Laws of the Commonwealth of North Carolina. The parties agree that jurisdiction and venue for any legal action arising pursuant to this agreement shall vest and remain in the County of Iredell.

This Agreement shall be deemed to be effective on the first date that CARRIER and BROKER commenced business together and parties agree that the provisions contained herein properly express and memorialize the complete understanding of the parties as contained in all prior AGREEMENTS, both verbal and in writing. This AGREEMENT shall be effective continuously subject to the right of either party to the other.

Deposit Information :
To secure the dedicated run, the Carrier shall make a deposit of $300.
The deposit will be refunded at the end of the contract term, provided all terms and conditions have been met.
Upon confirmation of the contract, the Carrier will be responsible for signing and returning this agreement promptly. Only after the agreement has been signed and returned will the deposit requirement befinalized.

REFUND POLICY :
The $300 deposit is fully refundable at the end of the contract term, provided all contractual obligations are fulfilled by the
Carrier.
The deposit will also be refunded in the following cases:
If the contract is canceled by RXO Capacity Solutions.
If the Carrier is unable to perform the services due to reasons beyond their control, as determined by mutual agreement.
Refunds will not be issued if the Carrier cancels the contract without a valid reason or fails to comply with the terms set
forth in this Agreement.

Important Note Before Signing:
By signing this Agreement, both parties affirm their commitment to uphold the terms and conditions outlined herein.
The Carrier acknowledges that the $300 deposit is a refundable commitment fee, and its refund is contingent upon fulfilling all contractual obligations
as stipulated in this Agreement.

TERMS & LOAD OPERATIONS ADDENDUM

This Terms & Load Operations Addendum is hereby incorporated into and made part of the Carrier Agreement with RXO Capacity Solutions. In the event of any conflict, the terms of this Addendum shall govern with respect to payment and load operations.

Carrier Compensation:

Carrier shall be paid a flat rate of $1,600 per completed load in accordance with the applicable Rate Confirmation and the Carrier Agreement.

Payment Method & Timing:

Once delivery is completed and valid Proof of Delivery (POD) documents are submitted, payment shall be released within 2–3 working hours following shipper verification. Funds will be deposited directly into the Carrier’s designated bank account, subject to standard banking processing times.

Documentation Requirement:

Complete and accurate POD submission is mandatory for payment processing. Any missing, incomplete, or incorrect documentation may result in payment delays until proper verification is completed

Pickup & Delivery Schedule:

Pickups may be made anytime between 6:00 AM and 6:00 PM. Delivery must be completed as soon as possible, as the shipper operates twenty-four (24) hours a day, seven (7) days a week (24/7). All other terms and conditions of the Carrier Agreement shallremain in full force and effect

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SHIPPER TRACKING & DEPOSIT COMPLIANCE CONFIRMATION ACKNOWLEDGEMENT

This Security Deposit Acknowledgment is made between RXO Capacity Solutions, acting as broker/coordinator on behalf of the shipper, and the undersigned carrier.

This document confirms that RXO Capacity Solutions shall ensure all assigned carriers comply with shipper-mandated tracking requirements for high-value freight under Rate Confirmation No.

The carrier acknowledges that due to the transportation of a high-value commodity, the shipper requires installation of a temporary tracking/ELD device on the assigned truck for shipment monitoring purposes only.
This device does not replace or interfere with the carrier’s existing ELD system used for FMCSA compliance.

The security deposit shall be fully refunded upon completion of the contract or assigned run, subject to the return of the device in good working condition. Refunds will be processed within the agreed business timeline after verification.

The carrier agrees to submit a refundable security deposit of $300 (as applicable). This amount is collected solely as security against loss, damage, or non-return of the tracking device and does not affect the agreed freight rate

Payment Methods:

Zelle® / Wire. The carrier must share proof of deposit after payment.
Note: Please use Zelle® / Wire through your Bank app.
The signed acknowledgment along with proof of deposit shall serve as official confirmation.
All coordination and communication shall be handled exclusively through the broker. No direct commercial
relationship between shipper and carrier is created by this acknowledgment.

Trusted across industries

Trusted across industries

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