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Business Address: 26091 Sherwood Ave.
Warren, Michigan 48091
Linked-In Logistics & Company, Inc. DBA Fora Logistics, Inc.
Broker MC Number: 942769
Broker DOT Number: 2830470
Federal EIN: 47-5560290
SCAC Code: FORY
Bank: Huntington National Bank
Contact: Ronald Burnham
The Huntington National Bank, 2285 Franklin Road Bloomfield Hills, MI 48302
THIS MOTOR CARRIAGE AGREEMENT (the “Agreement”) is effective as of the last signed date set forth on the signature page of this agreement (the “Effective Date”) between Fora Logistics, Inc. a Michigan corporation (hereinafter referred to “BROKER”), and THE
PARTY NOTED ON THE SIGNATURE PAGE (hereinafter referred to as “CARRIER”) operating
Article I. Transportation Services 1.1 Engagement of Services. BROKER, from time to time in its sole discretion, may arrange for the transportation of shipments by CARRIER for the Customers who shall be third party beneficiaries of CARRIER’S obligations under this Agreement. This Agreement is intended to be non-exclusive to the parties. 1.2 No Liens. CARRIER shall not withhold delivery of any freight due to any dispute with BROKER regarding freight charges or otherwise. CARRIER shall have no lien, and hereby waives and releases its right to any statutory and common law liens which it might otherwise have upon any cargo transported or stored by CARRIER or in the possession of CARRIER pursuant to this Agreement. 1.3. Applicability of 49 U.S. Code Section 14101(b). BROKER and CARRIER agree that this Agreement is entered into for the purpose of providing and receiving specified services under specified rates and conditions and hereby expressly waive, and BROKER shall require Customer to waive, pursuant to 49 U.S. Code Section 14101(b), any and all rights and remedies under Part B, Subtitle IV, Title 49, U.S. Code, and similar or equivalent rights and remedies under applicable Canadian federal, provincial or territorial legislation or regulations, only to the extent they conflict with this Agreement. 1.4 Carrier Obligations. CARRIER represents and covenants to BROKER and the Customers as follows: (a) CARRIER represents and warrants that, at its expense, it has and shall maintain during the term of this Agreement and subsequent renewal periods all licenses, certificates, registrations, stickers and permits required by any applicable governmental agency for such transportation services, including but not limited to, all necessary permits, licenses and approvals for drivers and for the vehicles and equipment used by CARRIER. CARRIER represents and warrants that at the time of entering into this Agreement, CARRIER has no rating or a “Satisfactory” safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). A change in CARRIER’S FMCSA Safety Rating or other applicable authority’s comparable safety rating to “Conditional” or “Unsatisfactory” or in the event any portion of CARRIER’S operating authority required for CARRIER to perform its obligations under this Agreement is revoked, canceled, suspended or discontinued by operation of law or otherwise may cause Broker to immediately terminate this Agreement.
(b) CARRIER shall, at its sole cost and expense, provide competent, licensed personnel to operate CARRIER’S truck tractors, trailers, motor vehicles and other equipment and to perform the Services for any/all cargo from the point of origin to the point of delivery. While at/on Customer’s facilities, CARRIER’S employees and agents will strictly adhere to all of Customer’s posted rules. CARRIER shall comply with all applicable United States, Canada and Mexico federal, state, provincial and local/municipal laws, bylaws, ordinances, rules and regulations, including but not limited to the California Air Resources Board’s (CARB) regulations and Food and Drug Administration regulations. CARRIER shall ensure that CARRIER’S trailers offered for loading of cargo to be transported under this Agreement, interior and exterior (conditions permitting), shall be clean, odor-free, dry, leak-proof and free of contamination and infestation. CARRIER’S trailers offered for loading of cargo to be transported under this Agreement shall never have been used to transport refuse, garbage, trash or hazardous waste. (c) CARRIER shall protect and preserve all cargo and shall safely transport all cargo with prompt and reasonable dispatch in accordance with the scheduled pickup and delivery requirements of BROKER and the Customers; to the extent reasonably possible, inspect the loaded shipment to determine that it has been satisfactorily loaded and ready for safe transport, and deliver such loads at delivery points in the same condition as received. (d) CARRIER shall be responsible for requesting and obtaining instructions concerning the handling, securing, and protection of the shipment (temperature, moisture, food grade, etc) including complying with any instructions on the bill of lading. CARRIER shall be solely liable for any damages resulting from CARRIER’S failure to request, obtain and/or comply with such instructions. In the event there is an inconsistency between the information contained in any shipping document and any information provided by broker, CARRIER agrees to contact broker to resolve the inconsistency. CARRIER shall be solely responsible for any consequences, including claims for loss, damage or delay if CARRIER fails to resolve the inconsistency. 1.5 Subcontractor and Interline Carriers. (a) CARRIER will not re-broker, co-broker, subcontract, assign, interline, or transfer the transportation of shipments hereunder to any other persons or entity conducting business under a different operating authority. CARRIER specifically warrants and agrees that all freight tendered to carrier pursuant to this agreement shall only be transported by CARRIER on, in or with equipment operating under carrier’s legal authorities (b) In the event any portion of the Services contemplated by this Agreement is interlined or subcontracted, with or without BROKER’S written consent, by CARRIER to another party, CARRIER shall remain responsible to BROKER for full and proper performance of the obligations under this Agreement as if all of such Services were performed directly by CARRIER (including, but not limited to compliance with all applicable United States, Canada and Mexico federal, state, provincial and local/municipal laws, bylaws, ordinances, rules and regulations, DOT and other safety ratings and registrations, insurance required by this Agreement, adherence to all Customer rules and requirements, and indemnification required by this Agreement).
(c) CARRIER shall be liable for payment of any compensation due CARRIER’S interlined or subcontracted carrier(s) for any Services performed pursuant to this Agreement by such interlined or subcontracted carrier(s). CARRIER agrees to defend, indemnify and hold BROKER and the Customers harmless from any and all compensation claims of CARRIER’S interlined or subcontracted carrier(s). (d) CARRIER represents and warrants that no freight transported pursuant to this Agreement shall become, or shall be deemed to be, adulterated or misbranded within the meaning of the Food and Safety Modernization Act, Federal Food, Drug and Cosmetic Act, the Federal Meat Inspection Act, or the Federal Poultry Products Inspection Act, as amended and as may be amended in the future, or any other federal, state or local law, rule or regulation of similar kind or content, by reason of being or having been transported in or with motor vehicle equipment provided by CARRIER to transport Shipper’s freight, or any of CARRIER’S activities in furtherance of such transport. CARRIER further warrants that all motor vehicle equipment provided by CARRIER to transport Shipper’s freight complies with the requirements of the Sanitary Food Transportation Act or any other applicable food transportation laws, rules or regulations or that none of the equipment has been or will be used for the transportation of any waste of any kind, or garbage, contaminants or any other commodity that might adulterate or contaminate food ingredients or products that Shipper may tender to CARRIER. Shipper’s freight is susceptible to odors and CARRIER shall not commingle Shipper’s freight with odorous or volatile materials. CARRIER further represents and warrants that it will comply with all of Shipper’s Sanitation and Operation Policies and with all instructions and specifications which may be included on any Bills of Lading, including but not limited to, any refrigeration or other temperature control requirements. 1.6 Shipping Documentation. Unless otherwise specified by BROKER, the Bill of Lading shall be completed as follows: (a) CARRIER shall be shown as the carrier, the shipper shall be shown as the consignor and the receiver shall be shown as the consignee. (b) For each pickup, CARRIER will sign the Bill of Lading, which will serve as prima facie evidence of receipt of the shipment by CARRIER in good order and condition, except as otherwise noted on the face of the Bill of Lading. (c) Upon delivering a shipment, CARRIER will obtain a signature and a noted delivery date from the consignee on the Bill of Lading. Any discrepancies including, but not limited to, shortage, damage and/or missing or broken seal shall be noted by CARRIER or consignee on the Bill of Lading at time of delivery.
(d) Each Bill of Lading or other shipping document for a shipment originating in Canada shall be deemed to include the following statement on the face of the Bill of Lading or document: “A written agreement exists which alters the terms and conditions of this document.” (e) The parties agree that to the extent they are inconsistent with this Agreement the terms and conditions and the limitations of liability set forth in the Bill of Lading shall not apply to carriage under this Agreement. (f) The reference, notation or identification of BROKER as the motor carrier on any bill of lading or other shipping document(s) shall be for the shipper's, consignor’s or consignee's convenience only and such reference, notation or identification shall not alter Broker's status as a property broker or CARRIER'S status as both a motor carrier as well as the motor carrier of record. Article II. Rates, Charges and Terms 2.1. Rates. Rates shall be contracted rates, which shall be established by BROKER, and CARRIER through mutually agreed lane rates or through spot rates. In no event shall either party’s tariff rates apply. Spot rates shall be communicated by BROKER to CARRIER via an EDI, a FAX, or by EMAIL. The rates, charges and terms set forth in this Agreement, in any lane rate schedule or in a spot rate confirmation, are incorporated into this Agreement by reference and shall apply to the exclusion of any different rates, charges or terms which may be referred to in a Bill of Lading, conditions of carriage, delivery receipt, rules circular, or other shipping document. BROKER will pay CARRIER for its performance of Services in accordance with such rates, charges and terms. All miles will be calculated by BROKER by utilizing the shortest miles option of the current version of PC*MILER © unless agreed otherwise in a rate schedule. 2.2. Payment Procedures. CARRIER will invoice the specific BROKER upon the completion of Services. Each invoice will reference BROKER’S order number. BROKER may request that CARRIER provide a correct copy of the Bill(s) of Lading or Shipping Order, Delivery Receipt and/or a copy of the Proof of Delivery and other materials reasonably requested by BROKER. If invoicing by hard-copy, CARRIER must send invoices and required documents to BROKER at the address specified on the rate confirmation or load tender: BROKER shall pay invoices on or before thirty (30) days following the receipt by BROKER of the invoice and any requested documentation. On all shipments tendered to CARRIER pursuant to this Agreement, compensation shall be paid to CARRIER solely and exclusively by BROKER, in the amount(s) set forth in BROKER'S rate confirmation agreement.
Article III. Insurance 3.1 Insurance Coverage. At all times during the term of this Agreement, CARRIER, and Interlined or subcontracted carrier, if permitted, shall maintain, at its sole cost and expense, insurance policies with coverage of not less than the following: (a) Base requirements: (1) Cargo liability insurance covering risks for loss of or damage to shipments, in the minimum amount not less than $100,000 USD, per shipment. Motor carriers transporting only “Exempt Commodities” must have cargo liability insurance of not less than $100,000 USD per shipment. (2) Automobile liability insurance for bodily injury (including injury resulting in death) and loss of or damage to property, in the amount not less than $1,000,000 USD combined single limit per occurrence; Please have “Fora Logistics, Inc.” listed as additional insured; and (3) Worker’s compensation and employer’s liability insurance as required by applicable law. All such insurance shall be primary, include a waiver of subrogation, shall provide for a thirty (30) day notice of cancellation and shall name Broker as an additional insured. Article IV. Cargo Claims Liability Standards 4.1. Cargo Claims Liability Standards. CARRIER shall be liable as set forth in 49 U.S. Code §14706 (The Carmack Amendment) and applicable USA federal common law for loss of, damage (injury) to or delay in delivery of cargo transported pu rsuant to this Agreement, occurring while in the possession or under the control of CARRIER or its interlined or subcontracted carrier(s), or resulting from CARRIER’S performance or failure to perform the Services under this Agreement, irrespective of whether the value of the cargo has been declared to CARRIER or its interlined or subcontracted carrier(s), and irrespective of where the loss, damage or delay occurs (in interstate, foreign, intrastate, domestic or transborder commerce originating at a point in and/or destined to a point in the United Stat es or Canada). 4.2 Limits of Liability. Any attempt by CARRIER or CARRIER’S interlined or subcontracted carrier(s), to further limit their liability or to amend this Agreement by provisions contained in any shipping document, including without limitation any Bill of Lading, conditions of carriage, carta de porte, delivery receipt, rules circular or tariff (whether filed, published or independently determined), or by any foreign law, regulation or ordinance, whether purported to be incorporated by reference into this Agreement by an attachment or otherwise, shall be deemed null and void. Except as may be set forth in this Agreement or in a Customer Specific Addendum to this Agreement, under no circumstances whatsoever shall any cargo claim liability be subject to deductibles, released rates, surcharges or any other like or similar device designed to reduce CARRIER’S liability. CARRIER shall be liable for any loss of, damage (injury) to or delay in delivery of cargo occurring in Mexico in accordance with the Ley de Caminos, Puentes y Autotransporte Federal (Law of Roads, Bridges, and Federal Motor Transportation). For Cross-Border shipments, if the location of where damage occurred cannot be determined, the damage will be presumed to have occurred in the United States. 4.3. Handling and Processing of Claims. Except as specifically set forth to the contrary herein, all claims for overage, shortage, loss, damage or delay and any salvage arising therefrom under this Agreement shall be submitted to CARRIER by BROKER or Customer and handled and processed in accordance with 49 C.F.R. Part 370. CARRIER shall acknowledge receipt of all such claims within thirty (30) days and shall pay, settle or deny all claims within one hundred twenty (120) days of receipt. For each claim not resolved within ninety (90) days due to either non-response by CARRIER or denial of a claim for which evidence supports validity of the claim, BROKER may give thirty (30) days written notice to CARRIER of BROKER’S intention to automatically deduct the amount of the claim from any monies otherwise owed by BROKER to CARRIER (“Auto-Deduct”) at one hundred twenty (120) days of receipt. If Auto-Deduct occurs and CARRIER subsequently provides BROKER with sufficient proof supporting denial of the claim, BROKER will release the applicable amount to CARRIER.
Article V. Indemnification 5.1. Obligations. CARRIER shall indemnify, defend and hold harmless BROKER, and the Customer(s), and their respective directors, officers, employees and agents (individually “Indemnitee” and collectively “Indemnitees”), from and against any and all fines, penalties, losses, damages, injuries, expenses, costs (including reasonable attorneys’ fees), claims, demands, liabilities, actions, and judgments (“Liability”) for bodily injury to or death of any person (including injury to or death of any employee or agent of CARRIER), or for loss of or damage to property (other than cargo covered by Article IV of this Agreement) including loss of use thereof, or for damage to the environment, or for cleanup or remediation of any leak, spill or contamination, caused in whole or part by the negligent act(s) or omission(s) of CARRIER or failure to discharge its duties and responsibilities as specified in this Agreement. 5.2 Negligence Exclusion. This indemnity shall not apply to an Indemnitee to the extent any such Liability is caused in whole or part by the negligent act(s) or omission(s) of such Indemnitee. Article VI. Term and Termination 6.1 Term. This Agreement shall commence upon the Effective Date and will continue until terminated at any time by BROKER or CARRIER upon thirty (30) days prior written notice. 6.2 Termination. If either one of the parties files a bankruptcy petition or has a bankruptcy petition filed against it, or is required to cease and desist from the performance of this Agreement by reason of any order of any court, commission or public authority, the other party may immediately terminate this Agreement upon giving written notice as set forth in Section 7.4. Article VII. Miscellaneous 7.1. Independent Contractor. This Agreement is not and shall not be construed as an agreement of joint venture, partnership, agency, franchise or employment between the parties or their respective employees. 7.2 Choice of Law; Venue. This Agreement, including its formation, application, performance, enforcement, the relationship between the parties, and any claims, demands, causes of action and disputes in any way arising out of or related to it, shall be governed, construed and interpreted under the substantive law (and the law of remedies, if applicable) of the State of Illinois, without regard to the rules of conflict, except to the extent that mandatory laws, rules and regulations of the United States govern this Agreement. Any lawsuit arising out of this Agreement shall be filed in The United States District Court for the Northern District of Illinois. 7.3. Severability. If any term in this Agreement is found by a competent legal authority to be illegal or unenforceable in any respect, the validity and enforceability of the remainder of this Agreement will be unaffected. 7.4. Notice. All notices, requests, consents, approvals and other communications (“Notice(s)”) that are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given or made when sent by certified mail, return receipt requested, all postage and other charges prepaid or overnight courier service addressed to the parties at the addresses shown below. 7.5. Waiver. An effective waiver under this Agreement must be specific, in writing, and signed by the party waiving its right. A waiver by BROKER or CARRIER of any instance of the other’s noncompliance with any obligation or responsibility under this Agreement will not be deemed a waiver of subsequent instances. 7.6. Non-Solicitation. (a) CARRIER acknowledges and agrees that all freight to be transported under this AGREEMENT, whether tendered by BROKER or BROKER's customers, and all revenues generated from such services, arise from BROKER's business and shall be conclusively considered to have been derived from BROKER's efforts. (a) Neither CARRIER nor its agents or representatives shall solicit freight from, except pursuant to a request for pricing published to the general public, any of BROKER's customers during the earlier of the term of this AGREEMENT plus one (1) year or the date of termination of BROKER’s agreement with BROKER’S customer. (b) Should CARRIER violate this Section, CARRIER shall pay BROKER a monthly commission equal to ten percent (10%) of the total freight charges arising from the service provided to BROKER’S Customer. CARRIER shall pay the commission to BROKER by the tenth (10th) day of the month following the month in which the service was provided. (c) The term "BROKER's customers" as used in this Section shall mean any customer for whom BROKER provides services to during the term of this AGREEMENT and for whose benefit CARRIER has transported freight pursuant to this AGREEMENT, whether such freight was tendered by BROKER or the customer. (d) The term "BROKER's customers" shall not include any customer for whom CARRIER provided services to within one (1) year prior to entering into this agreement. However, in no event shall CARRIER solicit freight through any lanes which CARRIER services pursuant to this Agreement, regardless of the Customer.
Linked-In Logistics & Company, Inc. DBA Fora Logistics, Inc
For itself and as agent for its affiliates 26091 Sherwood Ave, Suite 114B Warren, Michigan 48091
THIS PAGE MUST BE FILLED OUT IN ITS ENTIRETY IN ORDER TO COMPLETE THE CARRIER SET-UP PROCESS
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