Read, confirm, and sign as an authorized representative. Electronic signatures are valid under E-SIGN and North Carolina UETA.
BROKER-CARRIER TRANSPORTATION AGREEMENT
Hawkinson Freight LLC (“Broker”), USDOT 9527567, MC-58125397, 515 Comfort Way, Locust, NC 28097, and the motor carrier named in this packet (“Carrier”).
1. Relationship
Broker is a licensed property broker. Carrier is an independent contractor with active FMCSA authority. This Agreement does not create a partnership or employment relationship. Carrier is responsible for drivers, equipment, taxes, and operating expenses.
2. Services
Each shipment is governed by Broker’s written rate confirmation, the bill of lading, and this Agreement. The rate confirmation controls rate and accessorials. Carrier shall transport with reasonable dispatch and provide tracking or check calls as specified.
3. No double brokerage
Carrier shall haul on its own authority and equipment. Carrier shall not re-broker, co-broker, trip-lease, or subcontract a Hawkinson Freight load without prior written consent. Violation is material default. Carrier remains liable for the shipment.
4. Rates and payment
Unless the rate confirmation states otherwise, payment is Net 30 from Broker’s receipt of a clean invoice, signed rate confirmation, and signed POD/BOL. Quick-pay, if offered, is confirmed in writing per load. Offset is permitted for cargo claims, overpayments, and unearned advances.
5. Cargo liability
Carrier’s cargo liability is that of a motor carrier under 49 U.S.C. § 14706 (Carmack) unless Broker agrees otherwise in writing.
6. Insurance
Carrier shall maintain Auto Liability of at least $1,000,000, Motor Truck Cargo of at least $100,000, General Liability of at least $1,000,000 where commercially available, and workers’ compensation as required by law. Certificate holder: Hawkinson Freight LLC, 515 Comfort Way, Locust, NC 28097. Thirty days’ cancellation notice required.
7. Claims
Cargo claims follow 49 C.F.R. Part 370. Carrier shall not withhold delivery to force settlement. Accessorials must be pre-approved or documented per the rate confirmation.
8. Indemnity
Carrier shall defend and indemnify Broker and its customers from claims arising out of Carrier’s transportation, equipment, drivers, or breach, except to the extent caused by Broker’s gross negligence or willful misconduct.
9. Compliance
Carrier warrants active authority, no out-of-service order, and compliance with FMCSA/DOT rules. Carrier shall not haul Broker freight under an Unsatisfactory safety rating.
10. Back-solicitation
During this Agreement and for 12 months after, Carrier shall not solicit freight from a shipper first introduced by Broker on lanes Broker tendered, except freight Carrier already moved for that customer before this Agreement.
11. Term and law
Either party may end this Agreement by written notice. Payment, claims, indemnity, insurance, and non-solicitation survive. North Carolina law governs. Venue: Stanly or Mecklenburg County, North Carolina, unless federal jurisdiction applies.
Operational contract template. Have counsel review before signing if you wish.