Valued Carrier, Thank you for taking the time to fill

Transcription

Valued Carrier, Thank you for taking the time to fill
Valued Carrier,
Thank you for taking the time to fill out these necessary documents so that we can begin a great working
relationship together.
Everyone at Syfan Logistics knows how important it is that we take care of our carriers and make your job as
easy as possible. We will consistently focus on providing the highest level of service and expertise in supplying
your team with a vast number of loads in the lanes you like to run.
As part of our commitment to a cleaner, healthier environment, Syfan Logistics, Inc. is proud to announce that
we are an approved SmartWay Partner as of July 2012, We invite you to visit the SmartWay website
http://www.epa.gov/smartwaylogistics/partnerlists/partner-list.htm to verify our status. We are looking to
partner with carriers who share our commitment. Please indicate your SmartWay participation in the space
provided on the Carrier Information sheet.
If you have any questions about the attached/enclosed documents, or would like to offer your suggestions for
how we can serve you better, please feel free to contact me personally.
I look forward to working together.
Syfan Logistics, Inc.
P. O. Box 1294
Gainesville, GA 30503
855-287-8485
770-287-8485
770-533-6330 Fax (Carrier Services)
carrierservices@syfancorp.com
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CREDIT INFORMATION
Business Started in 2011
Incorporated in 2011
Mailing & Remit to Address:
PO Box 1294
Gainesville, GA 30503
Physical Address:
2037 Old Candler Rd, Ste. A
Gainesville, GA 30507
Phone: (770) 287-8485
Fax: (770) 533-6330
Principals:
James K Syfan, CEO
Greg J Syfan, President
Stephen J Syfan, VP
Denise E Nix, Controller
BANK REFERENCE:
South State Bank
450 E. E. Butler Parkway
Gainesville, GA 30501
Federal ID #
45-2664830
Surety Bond
898371
SCAC Code
SYFN
DUNS
969010235
Contact: Doug Patterson
Phone (678) 717-1914
ICC Contract Carrier Authority MC-756730
ICC Broker Authority
MC-583906
Terms of Payments
25 Days from Receipt of Carrier Invoice
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TRANSPORTATION REFERENCES
SEATTLE FREIGHT SERVICE INC
MC: 171191
RUPP CUNNINGHAM
8025 10TH AVE SOUTH
SEATTLE, WA 98108
(206) 767-9004
dispatchlh@seattlefreight.com
ARLON GARDNER TRUCKING INC
MC: 276589
ARLON GARDNER
682 RISER ROAD
FOREST, MS 39074
(800) 264-4410
arlon4@bellsouth.net
EXPLORE TRANSPORT INC
MC: 474850
MILAN BOGDAN
16W520 LAKE DR # 207
MC COOK, IL 60525
(630) 908-7387 x227
milan@exploretransport.com
S & B SWAFFORDS TRUCKING INC
MC: 668383
BOBBY SWAFFORD
843 POTOMAC PLACE
WINDER, GA 30680
770-605-6312
BOBBYSWAFFORD55@YAHOO.COM
ZDL EXPRESS INC
MC: 780170
RUBIKA (RUBY) KOVACEVIC
6848 PARKSIDE AVE
COUNTRYSIDE, IL 60525
(708) 639-4550
zdlexpress3@yahoo.com
GREENLIGHT C & TLLC
MC: 680724
MARK MARSHALL
4033 SMITHFIELD TRAIL
ELLENWOOD, GA 30294
(404) 952-9602
mark.fastlane@gmail.com
MOB CARRIERS INC
MC: 725880
ADEANA SHEPHERD
1201 N. WATSON ROAD STE 147
ARLINGTON, TX 76011
(817) 633-5433
dispatcher72@gmail.com
DS CARGO, LLC
MC: 761010
JANIE ORTIZ
12375 MINES ROAD
LAREDO, TX 78045
(956) 717-3222
dispatch@selectds.net
LAKE STATE TRANSPORT, INC
MC: 134645
DON SMUDE
4125 ROOSEVELT ROAD
SAINT CLOUD, MN 56302
SNA TRANSPORTATION INC
MC: 683486
MICHAEL PETERSON
9375 ARCHIBALD AVE # 303
RANCHO CUCAMONGA, CA 91730
(320) 253-2261
don@lakestate.net
(909) 483-9634
michael@snatransinc.com
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FOR CARRIERS
HOW TO RECEIVE PAYMENT
1. SEND Invoices & Supporting Documentation:
What to SEND:
1. An invoice from you. It must include our Order Number and Rate Confirmation
2. POD/BOL
3. Any Lumper Receipts
How to SEND:
1. Email: billing @syfancorp.com
~ Attachments must be a PDF
~ Put SLI Order # in the Subject Line of Email (One Load per email)
2. Fax to Billing: (770) 533-6323
3. TRANSFLO$Velocity or TRANSFLO Mobile
~ Free to download & Free to Use!
~ You need a smart phone or a PC and scanner
 Visit your smart phone store, or
 Go to www.transflovelocity.com/download.
 Use the Broker ID of SYFNV
4. US Mail:
Syfan Logistics, Inc.
P.O. Box 1294
Gainesville, GA 30503
or
Physical Address:
Syfan Logistics, Inc.
2037 Old Candler Rd
Gainesville, GA 30507
** We pay 25 days from receipt, so options 1, 2 & 3 will deliver your payment faster!
See next page for information to SIGN UP for PAYMENT
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2. SIGN UP for PAYMENT:
RECEIVE Payment in One of 3 Ways
** Syfan Logistics strongly encourages the use of electronic payments via ACH or Quick Pay. ACH
& Quick Pay payments provide both the sender and receiver with the advantages of better
cash management, reduced bank fees, and fewer chances of fraud.
1. ACH Direct Deposit (FREE) – Net 25 Days
~ Complete the ACH Remittance Authorization
~ Attach a VOIDED CHECK
~ Email: quickpay@syfancorp.com
~ Fax to Quick Pay: (770) 533-6322
~ All carrier compliance documentation must be received (i.e. contract, W-9)
2. Quick Pay – Net 72 Hours from receipt of invoice & supporting documents.
~ Minimal 3% fee
~ Must be signed up for ACH Direct Deposit:
 Complete the ACH Remittance Authorization
 Attach a VOIDED CHECK
 Email: quickpay@syfancorp.com
 Fax to Quick Pay: (770) 533-6322
~ All carrier compliance documentation must be received (i.e. contract, W-9)
~ Payments are processed on Tuesdays and Thursdays, only.
~ Paperwork must be received by 1:00pm on Monday to be paid on Tuesday,
and must be received by 1:00 pm on Wednesday to be paid on Thursday.
~ We do NOT offer wire transfers or T-Chek advances for Quick Pay.
~ Once paperwork is received and there are no problems with the paperwork (shortages,
damages, lumper receipts missing, illegible copies) we will set your payment up to pay
in 72 hours.
** Note: If you are factoring with a company and/or have received an advance on a load, you will not
be able to use the Quick Pay program. If you have used a factoring company in the past, we must
have a release letter sent to us from the factoring company before the Quick Pay program can be
established.
3. Paper Check – US Mail – Net 25 Days
~ All carrier compliance documentation must be received (i.e. contract, W-9)
**Please see the attached information to Sign Up for ACH Direct Deposit / Quick Pay
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ACH REMITTANCE AUTHORIZATION
Company Information
Company Name: ____________________________________________D/B/A_________________________
Contact & Phone Number:___________________________________________________________________
MC#:
Address:
_________________________________________________________________________
_________________________________________________________________________
Email address for remittance advice:__________________________________________________________
ACH Direct Payment
Bank Name:
________________________________________________________________________
Bank Address:
________________________________________________________________________
________________________________________________________________________
Name on Bank Account: ___________________________________________________________________
Routing/ABA#:
_________________________________________________________________________
Account Number: ________________________________________________________________________
Account Type:
☐ Checking
☐ Savings
* Please Include a VOIDED CHECK.
Payment Terms
Please Select One Payment Term:
☐ Quick Pay (3 Days) *
☐ Regular Pay (25 Days) No Fee
* A 3% fee will be charged on all Quick Pay loads.*
Authorization
I hereby authorize Syfan Logistics, Inc. to submit ACH payments to the above referenced account and
financial institution both specified above on this Remittance Information document. Carrier payments
will be issued via ACH as outlined above unless Carrier provides Syfan Logistics, Inc. written notification.
Changes will have a 25 day grace period.
________________________________________
SIGNATURE
DATE
________________________________________
PRINT NAME
_______________________________
_______________________________
TITLE
Remit Completed FORM and VOIDED CHECK to:
Fax (770) 533-6322
or Email quickpay@syfancorp.com
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Date:
Carrier Code:
Syfan Logistics Carrier Information
Company Full Name:
d/b/a:
Years in Business:
Mailing Address:
SmartWay Certified: ☐Yes ☐No
Street Address:
SmartWay Score:
City:
State:
Zip Code:
If different from above
NAME OF WHOM TO PAY
MAILING ADDRESS
CITY, STATE, ZIP CODE
TELEPHONE
FAX
Dispatch Contact:
Operations Mgr:
Telephone Number:
Night:
Toll Free Number:
Fax:
e-mail address:
Federal ID#:
SCAC Code:
REFERENCES:
Company
MC#:
Telephone
Contact
1.
2.
3.
Insurance Agency/Contact:
Telephone:
Cargo Ins. Name:
Policy #:
Amount:
Expires:
Liability Ins. Name:
Policy #:
Amount:
Expires:
Equipment Type:
Number of: Tractors
Do you carry pallets?
Vans
Reefer
Flats
Is Syfan authorized to advance your drivers?*
☐Yes ☐No
*A 5% fee will be deducted on all advances.
Please list the current lanes you like to run on the back in the space provided.
Do you perform criminal background checks on your drivers?
SaferStat:
Status
Rating
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Please list your most frequent lanes you like to run:
(Including Canada & Mexico)
Are you willing to run different lanes? Yes_____
No______
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If you have less than 5 power units, please list your equipment below:
TRACTORS
Make
Model
Year
TRAILERS
Make
Model
Year
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GOOD FAITH AND FAIR DEALING AGREEMENT
NOT TO UTILIZE CONFIDENTIAL INFORMATION TO BACK-SOLICIT SHIPPERS
WHEREAS, Syfan Logistics (BROKER) is a duly-licensed motor carrier broker, authorized to arrange for the transportation of
property by motor vehicle under license number MC–583906 with an address at 2037 Old Candler Road, Gainesville, Georgia 30507,
and _____________________________________________________________________________________________ (CARRIER)
is a motor common and/or contract carrier of property authorized by certificates and/or permits under Docket Number MC-_________
to transport shipments for shippers including transportation brokers, and is located at ______________________________________
______________________________________________________________________________________________________.
WHEREFORE, the parties herein agree as follows:
The CARRIER shall not solicit traffic from any shipper, consignor, consignee, or customer of BROKER, where
1) the availability of such traffic first became known to CARRIER as a result of BROKER’S efforts, or
2) where the traffic of the shipper, consignor, consignee, or customer of BROKER was first tendered to the Carrier by the Broker,
3) nor shall it accept traffic from any such shipper, consignor, consignee, or customer of BROKER.
If CARRIER breaches this agreement and back-solicits the BROKER’s customers and obtains traffic from such a customer, or if the
customer solicits the CARRIER directly, and the CARRIER obtains traffic from this solicitation of the customer, the BROKER then is
entitled, for a period of 18 months after the involved traffic first begins to move, to the same commission from the CARRIER that it
had received on the movement of the traffic prior to that date.
IN WITNESS WHEREOF, the parties have set their hands and seals this ______ day of _______________, 20______.
CARRIER:___________________________________
BROKER: SYFAN LOGISTICS, INC.
BY:_________________________________________
BY:_________ _____________________________
J. Greg Syfan
TITLE: President
TITLE:______________________________________
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Controlled Substance Program
This serves as confirmation from your company that you have programs to prevent the driving of your commercial motor
vehicles by any driver while under the influence of a controlled substance as defined under §102(6) of the Controlled
Substance Act, (21 U.S.C. 802(6)).
We also request confirmation from your company that in compliance with 49 C.F.R. 383.21 none of your drivers who
operate motor vehicles shall at any time have more than one driver’s license.
Please sign the bottom of the page and return it to Syfan Logistics for our records.
This company hereby confirms that it has programs designated and procedures in place so that none of its motor vehicles
shall be operated by a driver while under the influence of a controlled substance as defined in §102(6) of the Controlled
Substance Act, 21 U.S.C.802(6). Furthermore, all drivers who operate commercial motor vehicles for this company are
required to have no more than one driver’s license in compliance with 49 C.F.R. 383.21.
Company Name:
Signature: Operations or Safety Manager:
Date:
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CERTIFICATE OF COMPLIANCE
Carrier Name:
City, State:
Owner/Lessee:
The undersigned, as owner, lessee or authorized representative of owner or lessee of the carrier identified above, hereby certifies that
all vehicles furnished for transportation of shipments of any food, food additive, drug, cosmetic or device will not have been used for
the transportation of Hazardous Materials within the meaning of 49 U.S.C §1802 or Solid Waste within the meaning of 42 U.S.C.
§6903 and that all such vehicles will be fully suitable for use in the transportation of any Food, Food Additive, Drug, Cosmetic or
Device within the meaning of those terms as used in 21 U.S.C. §321.
Signature:
Date:
Print Name:
Title:
“Hazardous material” means a substance or material in a quantity and form which may pose an unreasonable risk to health and safety
or property when transported in commerce;
The term “solid waste” means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution
control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from
industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved
material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial distances which are point sources
subject to permits under §1342 of Title 33, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of
1954, as amended {68 Stat.923)[42 U.S.C.A. et seq].
The term “food” means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for
components of any such article.
The term “food additive” means any substance the intended use of which results or may reasonably be expected to result, directly or
indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for
use in producing , manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food; and including any
source of radiation intended for such use), if such substance is not generally recognized among experts qualified by scientific training
and experience to evaluate its safety as having been adequately used in food prior to January 1, 1958, through either scientific
procedures or experienced based on common use in food to be safe under the conditions of tis intended use; except that such term does
not include; (1) a pesticide chemical in or on a raw agricultural commodity; (2) a pesticide chemical to the extent that it is intended for
use or is used in the production, storage or transportation of any raw agricultural commodity; (3) a color additive, (4) any substance
used in accordance with a sanction or approval granted prior to September 6, 1958, pursuant to this chapter, the Poultry Product
Inspection Act (21 U.S.C. 451 and the following) or the Meat Inspection Act of March 4, 1907, as amended and extended; or (5) a
new animal drug.
The term “drug” means (A) articles recognized in the official Untied States Pharmacopoeia, official Homeopathic Pharmacopeia of the
United States, or official National Formulary, or any supplement to any of them; and (B) articles intended for use in the diagnosis,
cure, mitigation, treatment, or prevention of disease in many or other animals; and (C) articles (other than food) intended to affect the
structure or any function of the body of man or other animals; and (D) articles intended for use as a component of any article specified
in clauses (A), (B), or (C) of this paragraph; but does not include devices or their components, parts or accessories.
The term “cosmetic” means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied
to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance and (2) articles
intended for use as a component of any such articles; except that such term shall not include soap.
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To all Syfan Logistics Carriers:
In an ongoing effort to comply with Federal contract requirements and improve our business relationships, Syfan Logistics is striving
to support minority owned and/or women owned businesses. We are conducting an internal audit and in order to comply, we need
your assistance.
Participation in this survey is voluntary.
We thank you for your ongoing support and hard work.
Company Name:
Address:
Phone:
Contact:
Is your company a minority owned business?
____Yes
____No
If yes, please specify ethnicity:
_____ African-American
_____ Asian-American
_____ Hispanic-American
_____ Native- American
_____ Other (please specify)______________________________________________
Is your company a woman-owned business?
____ Yes
____ No
If you checked “yes” to either of the above, is your company certified diverse (minority or woman owned)? If yes, please list the
names of the issuing organization and your expiration date.
_______________________________________________________________________________
If you have any questions please feel free to contact our Carrier Services Team. We can be contacted at 855-287-8485 extension 2008
or at carrierservices@syfancorp.com
Thank you in advance for your cooperation and your expeditious response.
Definition of terms:
Woman-Owned Business: A woman-owned business is a concern, at least 51 percent of which is owned by a woman (women) who is a U.S. Citizen, controls the firm
by exercising the power to make policy decisions, and operates the business by being actively involved in the day-to-day management.
Minority Owned Business: A minority business is a concern that is at least 51 percent owned by and whose management and daily operations are controlled by, one or
more members of a socially and economically disadvantaged minority group, namely U.S. Citizens who are Black Americans, Native Americans or Asian Americans
(Native Americans are American Indians, Eskimos, Aleuts, and Native Hawaiians. Asian Americans are U.S. citizens whose origins are Japanese, Chinese, Filipino,
Vietnamese, Korean, Samoan, Laotian, Kampuchea (Cambodian), Taiwanese, in the U.S. Territories of the Pacific Islands or in the Indian subcontinent)
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CARRIER TRANSPORTATION AGREEMENT
THIS AGREEMENT is made and executed at Gainesville, Georgia, this _______ day of
______________________, _________, by and between SYFAN LOGISTICS, INC., ("Broker") of 2037
Old Candler Rd., Gainesville, Ga., 30507 and _______________________________________ ("Carrier")
of _______________________________________________________.
RECITALS
WHEREAS, Carrier is a licensed motor carrier pursuant to authority issued by the Federal Motor Carrier
Safety Administration in Docket No MC-. _________; Broker desires to utilize the contract carrier services
of Carrier designed to meet Broker's distinct needs.
NOW THEREFORE, the parties hereto mutually covenant and agree as follows:
1. Shipments: This Agreement is non-exclusive, and contemplates a series of shipments without
commitment as to number. Except as otherwise specifically stated, this Agreement is governed by 49
U.S.C 14706.
2. Term: This Agreement is effective on the date first written above, shall continue in effect for a period
of one (1) year; thereafter on a month-to-month basis. It is subject to cancellation by either party at any
time upon fourteen (14) days written notice.
3. Carrier Warranties and Responsibilities: Carrier shall meet the distinct needs of Broker through
transportation of Broker's traffic at agreed upon rates to the destination or destinations set forth in Rate
and Load Confirmation agreements which by this reference are incorporated in this Agreement. Carrier
shall invoice Broker ONLY, and appoints Broker as its agent for receipt of charges for services rendered
in the movement of shipments handled by Carrier. Carrier must submit original proof(s) of delivery, any
receipts that may be considered for reimbursement, and an invoice to Broker. Carrier agrees that Broker
is the sole party responsible for payment of Carrier’s invoices and that, under no circumstance, will
Carrier seek payment from any shipper(s), consignee(s) or other party. Carrier will verify that it is
named as the “carrier of record” on bill(s) of lading at the time of shipment, and if not, make the
necessary corrections. Broker’s name remaining on any bill of lading is convenience only and shall not
affect Broker’s status as a licensed Property Broker or Carrier’s status as the Carrier. Under no
circumstance shall Carrier double-broker or tender a shipment to a third party for delivery without the
express written consent of Broker. Carrier shall maintain no less than a “satisfactory” or “Continue to
Operate” US DOT safety rating and shall be in full and strict compliance with all applicable statutes,
rules and regulations, and shall not perform service that would require Carrier, its employees or
contractors to exceed or violate applicable laws or safety regulations..
4. Equipment and Costs: Carrier shall provide, operate and properly maintain suitable equipment at its
own expense for transportation under this Agreement. Carrier shall assume and pay all costs and
expenses incident to the transportation of commodities and goods tendered under this Agreement. All
Carrier equipment shall be clean, odor free, dry, leak proof and free of contamination and infestation.
No vehicle that transports goods for Broker under this Agreement shall ever have been knowingly used
to transport refuse, garbage, trash or solid or liquid waste, whether hazardous or non-hazardous. Carrier
shall maintain and inspect any refrigeration or heating unit(s) in accordance with manufacturer’s
specifications and its insurance policy requirements at a minimum, and retain any records of such
maintenance and inspections for at least one (1) year.
5. Payment: Carrier shall invoice Broker at the agreed upon rate, inclusive of fuel surcharge and any
other charge, no more than 15 days after delivery of the shipment, accompanied by those shipping
documents specified by Broker. Payment terms shall be no more than 30 days following receipt of
Carrier billing and appropriate documentation, barring disputes or discrepancies. Quick Pay may be
offered upon terms separately set forth which by this reference are incorporated herein.
6. Back Solicitation: (i) CARRIER shall not knowingly solicit any shipper or payor of freight and
transport or arrange for the transportation of such freight directly for such shipper or payor of freight
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who first was introduced by BROKER to CARRIER. This restrictive covenant relates only to the type
traffic and in traffic lanes or territories served by CARRRIER on behalf of BROKER and relates only to
customers of BROKER with whom CARRIER had substantial business contact during the 12 months
immediately preceding termination of this Agreement. The term of the prohibited solicitation and
transportation shall be during the term of this agreement and for one (1) year thereafter; and (ii) directly
or indirectly employ, hire or otherwise engage the services of or associate in any business with any
person who is or has been employed by Broker during the term hereof, unless such participant or other
person shall have ceased to be employed by Broker for at least one (1) year.
7. Liability for Loss, Damage or Delay: Except as otherwise provided, the provisions of 49 CFR § 370
are by this reference incorporated herein. Carrier assumes liability as a common carrier for loss, damage
to, or destruction of any and all cargo while under Carrier’s possession, custody or control. Carrier shall
inspect each load at the time it is tendered to assure its condition. If Carrier is tendered a load which is
not in suitable condition, it shall notify Broker immediately. Cargo which has been tendered to Carrier
intact and without exception, and delivered in a damaged condition, or lost or destroyed prior to
delivery by Carrier shall be conclusively presumed to have been lost, damaged, or destroyed by Carrier.
Claims will be filed with Carrier by the owner of the cargo, or its agent, or by Broker. The owner of the
cargo is a third party beneficiary of this Agreement. Claims will be assessed at invoice value or
destination market value as applicable; special or consequential damages may be assessed where
applicable and appropriate. Broker may deduct the full actual loss of a claim from any amount
otherwise owed Carrier. In the event of a loss, damage or delay, Carrier shall notify Broker immediately
for further instructions. Carrier shall return all undelivered shipments at the expense of the responsible
party (as determined by outcome of claim) to the point of origin or to other points as instructed. Carrier
shall waive any and all right of salvage or resale of any cargo, and shall not under any circumstance
allow cargo to be sold, made available for sale, or otherwise disposed of in any salvage markets or any
other secondary outlets, unless otherwise authorized in writing. In the event that cargo is returned and
salvaged by the owner, Carrier shall receive full credit for the actual salvage value of such cargo.
Carrier’s liability hereunder shall include legal fees reasonably incurred by Broker in the handling and
prosecution of such claims. Notwithstanding the terms of 49 CFR 370.9, Carrier shall pay, decline or
make settlement offer in writing on all cargo loss or damage claims within 120 days of receipt of such
claim. Failure of Carrier to pay, decline or offer settlement within this 120 day period shall be
conclusively deemed an admission by Carrier of full liability for the claim amount.
8. Insurance: Carrier will procure and maintain in force continuously throughout the term of this
Agreement, the following types of insurance: (i) Comprehensive General Liability Insurance, in no
event less than one million dollars ($1,000,000.00) as; (ii) Public Liability Insurance in the amount of
not less than one million dollars ($1,000,000.00) as required by federal regulation (BMC-91) on file;
(iii) All-Risk, non-scheduled vehicle Cargo Insurance with a per unit minimum liability limit of one
hundred thousand dollars ($100,000.00); (iv) Employer’s Liability and Workers Compensation
Insurance with limits at or above statutory requirements for states in which Carrier shall operate, in an
amount not less than five hundred thousand dollars ($500,000.00). All insurance required by this
Agreement must be written by an insurance company having an A.M. Best rating of “B+” or better, and
must be authorized to do business under the laws of the state(s) or province(s) in which Carrier provides
transportation and related services. Carrier’s insurance shall be primary, and required to respond and
pay prior to any other available coverage. Carrier agrees that it, its insurer(s), or anyone claiming by,
through, or under Carrier shall have no claim, right of action, or right of subrogation against Broker, its
affiliates, or its customers based on any loss or liability insured under the foregoing insurance. Carrier
shall, prior to providing transportation and related services pursuant to this Agreement, name Broker as
a certificate holder on each of the foregoing insurance policies, and shall cause its insurance company or
agent to issue a certificate to Broker evidencing the foregoing coverage. Carrier represents and warrants
that it will continuously fulfill the requirements of this section throughout the duration of this
Agreement. Broker shall be notified in writing by Carrier’s insurance company at least ten (10) days
prior to the cancellation, change, or non-renewal of the submitted insurance policies. If Carrier is selfinsured, a certificate of the state in which the transportation services are to be performed must be
furnished by such state agencies directly to Broker. Self-insured Insurance will meet or exceed the
requirements of federal and state regulatory bodies having jurisdiction over Carrier’s performances
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9.
10.
11.
12.
pursuant to this Agreement. It is expressly understood that Broker does not represent that the types or
minimum limits of the insurance set forth herein are adequate to protect Broker’s interests, and do not
constitute limits of liability.
Status of Carrier: In the performance of the transportation services, Carrier shall be an independent
for-hire contract carrier and shall not be nor act as either agent or employee of Broker. Carrier
understands it has exclusive control and direction of the work it performs pursuant to this Agreement.
Carrier assumes full responsibility for the payment of all local, state, federal and intra-provincial payroll
taxes, and contributions or taxes for unemployment insurance, worker’s compensation insurance,
pensions, and other social security or related protection with respect to the persons engaged by Carrier
for its performance of transportation and related services. Carrier shall provide its Federal Tax
Identification Number either by IRS Form W-9, or an alternative form given by Broker prior to
commencing any transportation or related services under this Agreement.
Applicable Law/Jurisdiction and Venue: The terms of this Agreement shall be governed by the laws
of the State of Georgia. Any controversy or claim arising out of, or relating to this Agreement, or the
breach thereof, shall be resolved in a court having jurisdiction in the county of Hall, in the state of
Georgia. The parties waive the right to jury. All costs, including reasonable attorney fees shall be
assessed against the losing party.
Indemnification: Carrier shall indemnify, save, defend, and hold harmless Broker, its customers, and
the subsidiaries and respective officers, directors, employees, and contractors of Broker and its
Customers, from and against all liabilities, obligations, losses, damages, penalties, claims, actions, suits,
costs, charges and expenses, including without limitation, fees and expenses of legal counsel and expert
witnesses, which are the result of or arising out of any or all of the work or services performed under
this Agreement by Carrier, its employees, or its contractors, except claims resulting from the sole
negligence of Broker.
Entire Agreement: This Agreement, together with the Rate and Load Confirmation constitutes the
entire agreement between the parties. This Agreement may only be modified by a separate written
agreement, signed by both parties. If any provision of this Agreement is held to be invalid, the
remainder of this Agreement shall remain in force and effect with the offensive term or condition being
stricken to the extent necessary to comply with any conflicting law.
IN WITNESS WHEREOF, the parties have executed this Transportation Agreement by their duly
authorized representatives on the date above first written.
.
BROKER: Syfan Logistics, Inc.
CARRIER:
SIGN:
SIGN:
BY:
J. Greg Syfan
BY:
ITS:
President
ITS:
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