1. Applicant certifies that information furnished in this application is current and accurate. The term of this agreement shall be for (1) year and will automatically renew for successive (1) year periods. However, either party may terminate this agreement on 30 days written notice to the other party. If the parties continue to conduct business after termination, the provisions of this agreement will continue to apply.
2. Applicant affirms that it is solvent, is not currently a party to any bankruptcy proceeding, is not being dissolved or otherwise liquidating its assets and can satisfy all financial obligations. Applicant affirms that there are no open judgments, suits, or liens against Applicant and that none has been threatened which would affect Applicant’s ability to pay for services.
3. If credit is extended, Double R Logistics (“BROKER”) payment receiving terms are due on receipt and require payment within 30 days from the invoice date.
4. Finance charge of 1.5% per month (18% annum) may be added to accounts 30 days or more past due.
5. If BROKER utilizes the services of a collection agency and/or attorney to collect any amounts due under this Agreement from Applicant, Applicant agrees to pay all associated collection costs, attorney fees, and court costs.
6. Applicant will promptly notify BROKER of any change in ownership in writing.
7. By accepting the terms of this agreement, Applicant acknowledges that the individual executing this agreement has authority to do so and further authorizes BROKER to contact each credit/bank reference provided.
8. Applicant understands that BROKER is a transportation broker who only arranges for the transportation of freight by an independent third-party motor carrier. Applicant agrees that BROKER will not prepare Bills of Lading and cannot be listed on Bills of Lading as the delivering carrier.
9. Applicant is solely responsible for designating the type of equipment to be used to transport its freight and does not hold BROKER liable for claims resulting from using improper equipment. Any produce or food product that is shipped in van trailers instead of temperature-controlled trailers is done so with the customer assuming all financial risk for temperature related damages. BROKER will not be held responsible for any financial liability of damaged produce or food product due to temperatures impacting produce or food in a van trailer. Applicant or its agents will present all freight to BROKER’s contracted carriers in a condition suitable for the transportation services Applicant requests that BROKER arrange on Applicant’s behalf.
10. In the event of cargo loss or damage, Applicant may present a claim to BROKER for BROKER’ presentation to the applicable motor carrier as required under 49 CFR 370.1 et seq within 2 weeks via email or postal mail from the date of such loss, shortage or damage, which for purposes of this agreement shall be the delivery date or, in the event of non-delivery, the scheduled delivery date. Applicant agrees that neither BROKER or BROKER’ contracted motor carriers shall be liable to Applicant for consequential/special damages without prior written notice of the specific risk of loss and said damages’ approximate financial amount and Applicant obtained BROKER’ written agreement for such damages in response to said written notice. Applicant agrees to assist BROKER should BROKER agree to pursue Applicant’s claim on Applicant’s behalf, including confirming the validity of the claim and claim amount. If BROKER voluntarily pays a claim presented by Applicant, Applicant automatically assigns any and all of its rights and interest in the claim to BROKER and releases BROKER from any liability for the claim and shall execute any assignment document requested of Applicant by BROKER
11. The entity or individual signing this agreement is an authorized agent for Applicant authorized to sign this Agreement.
12. Applicant understands motor carriers under contract with BROKER are contractually required to maintain cargo loss and damage liability insurance in the amount of $100,000 per shipment as well as the minimum public (auto) liability required by law. By accepting the terms of this agreement, Applicant acknowledges that loads valued in excess of $100,000 will not be offered without first giving written notice to allow BROKER and/or the contracted motor carrier the opportunity to arrange for increased insurance limits. Failure to provide written notice will result in applicant's loads not being insured to the extent the value exceeds$100,000. Unless otherwise agreed in writing applicant assumes all risk of loss to the extent that value exceeds $100,000.00.
13. The state courts located in Maricopa County, of Phoenix, AZ or, if applicable, the United States District Court, District of Phoenix, AZ, shall have exclusive jurisdiction and shall be the exclusive venue with respect to any claim, counterclaim, or dispute arising in connection with any transactions, loads, or other business between BROKER and Applicant.
14. In the event Applicant is negligent or breaches the terms of this Agreement and there is a resulting claim, lawsuit, or damages including but not limited to reasonable attorney fees, asserted or imposed or assumed by against BROKER, applicant agrees to indemnify, defend and hold BROKER harmless to the fullest extent of the law.
15. Applicant authorizes BROKER to obtain credit information about applicant, verbal or written, from the above-named references.
17. The Applicant Agreement is expressly incorporated by this reference, into all transportation and other related agreements entered into by the parties, verbal or written.
18. Applicant grants permission to BROKER to contact any or all references, trade and bank, at any time before or after extending credit to Applicant, and that the Bank(s) is authorized to disclose account numbers, changes in account numbers (including without limitation closing of any accounts) as well as account names, account and loan balances, account and loan histories as well as any other credit information requested.