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Trucking Contract
This Trucking Contract (this "Contract") is made effective as of , by and between , of , , , and , of , , .
DESCRIPTION OF SERVICES. Beginning on , will provide interstate and intrastate transportation services including the following services (collectively, the "Services"):
RATES, CHARGES AND PAYMENT FOR SERVICES. The rates and charges for the truck transportation services contemplated by this Contract shall be as stated in Schedule "A" attached to this Contract. The rates and charges as stated in Schedule "A" shall remain in effect for the term of this Contract unless the Parties agree in writing to their modification. By mutual consent Schedule "A" may be modified, if the modification is in writing and signed by both parties.
will pay compensation to for the Services in accordance with Schedule A or any modification thereof upon completion of the Services. This compensation shall be payable in a lump sum upon completion of each job under this Contract.
TERM/TERMINATION. This Agreement
ALL SHIPMENTS UNDER CONTRACT. Whether or not is authorized to or does operate as a common motor carrier, each and every shipment tendered by to on or after the date of this Contract shall be deemed to be a tender to as a motor contract carrier and shall be subject only to the terms of this Contract and the provisions of law applicable to motor contract carriers.
BILLS OF LADING. Each shipment hereunder shall be evidenced by and subject to the terms, conditions and provisions of a bill of lading, or other proof of delivery receipt. In the event of conflict between the terms, conditions and provisions of such bill of lading or receipts and this Contract, the provisions of this Contract shall govern.
FREIGHT LOSS OR DAMAGE. Any cargo claim shall be made by by submitting a written notice of the claim within days of the delivery date of the shipment or if no delivery, the date of the occurrence resulting in the claim. shall be liable to for cargo claims occurring while in the possession of or under the control of , relating to or arising out of 's solely negligent performance of this Contract. The claim that is not timely filed shall be barred and shall have no liability for the loss alleged.
shall not be liable for any economic loss or consequential damages to beyond actual loss. shall not deduct or offset any cargo claims from the freight charges owed to . The provisions of this section shall survive the cancellation, termination or expiration of this Contract.
RELATIONSHIP OF PARTIES. It is understood by the parties that is an independent contractor with respect to , and not an employee of . will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of .
shall be responsible for the procuring and operating the vehicles and the employment, hiring, training, supervising and controlling its drivers and helpers.
shall be responsible for the safe and lawful operation of the vehicles used in the performance of the transportation contemplated by this Contract.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
| a. | The failure to make a required payment when due. |
| b. | The insolvency or bankruptcy of either party. |
| c. | The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. |
| d. | The failure to make available or deliver the Services in the time and manner provided for in this Contract. |
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
COUNTERPARTS. This Contract may be executed simultaneously in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. The parties agree that signatures on this Contract, as well as any other documents to be executed under this Contract, may be delivered by facsimile in lieu of an original signature, and the parties agree to treat facsimile signatures as original signatures and agree to be bound by this provision.
ENTIRE AGREEMENT. This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other Contract whether oral or written.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
APPLICABLE LAW. This Agreement shall be governed by the laws of the State of .
SIGNATURES. This Agreement shall be signed on behalf of by ,and on behalf of by .
PARTY CONTRACTING SERVICES:
| By: | Date: |
CARRIER:
| By: | Date: |
SCHEDULE A
Rates and Charges
Services Provided
Mileage
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Regardless of the type of work you will do as a commercial trucker, a Trucking Contract is always recommended. You may choose to make a Trucking Contract due to the fact that it yields the following list of benefits:
Ultimately, if you and/or the client decide against signing a Trucking Agreement, you might not receive any of the protections connected to having one in place.
You might want to prepare the following details for the Trucking Contract:
As you might hope with an agreement like this, your Trucking Contract will also include the typical language with regard to the non-employer relationship between the carrier and cargo owner, confidentiality, indemnification, and finally, dispute resolution. While making your agreement, you also can pick which state's jurisdiction it will be subject to. With the document tool, you are able to add more custom alterations, if needed.
The fees associated with meeting with and hiring a traditional attorney could add up to anywhere from hundreds of dollars to thousands, if your matter is complex. When you use Rocket Lawyer, every Trucking Contract that you make can be tailored to you. Simply tap or click on the button labeled "Make document" to begin the process. Once you have generated your document, you should always consider having your draft looked at by an attorney in our nationwide On Call network.
If you have any particular doubts or questions about how to move forward, connect with an attorney . Also feel free to browse our repository of legal documents for contractors and service providers .
In order to turn this document into a true legal contract, you and the cargo owner will need to sign it, electronically or otherwise. You can use RocketSign® to collect signatures electronically. Be sure that all signers get a copy of the fully executed contract. With a Rocket Lawyer membership, you also may print out, make copies, and/or download it when needed.
If you try it by yourself, getting a lawyer to provide feedback on contracts could be expensive. Certain lawyers may not even agree to review a document that they didn't author. In the event that an attorney does decide to help, they are still going to demand their standard fees to do so. An easier and more cost-effective alternative is through attorney services at Rocket Lawyer. With a Premium membership, you can have your contracts examined by an experienced contracts attorney. Whether you decide to produce another Trucking Agreement or other legal documents for your business, we'll be here for you.
