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«Dear Carrier Applicant: Thank you for your interest in becoming an approved carrier for Knight Brokerage, LLC. We offer excellent opportunities for ...»

-- [ Page 1 ] --

Dear Carrier Applicant:

Thank you for your interest in becoming an approved carrier for Knight Brokerage, LLC.

We offer excellent opportunities for you to grow your business through Knight Brokerage’s

competitive rates and prompt settlement. To quickly move the approval process along,

please note the following:

*Please provide the following items to complete the set up process:

1. VERY IMPORTANT: Your Insurance Agent must “SIGN” the proof of “Insurance Certificate”, with us listed as a cert holder, and INCLUDE a SEPARATE LIST OF

ALL POLICY EXCLUSIONS and email it directly to:

brokeragecarriers@knighttrans.com. (See our page #7 identified as Exhibit “A”).

Carrier cannot perform services prior to receipt of this document from the insurance company.

2. Fill out Our “Carrier Profile Page” as completely as possible (our page #1).

3. “Brokerage Agreement” Initial and return all pages of the contract. Signature page (our page #6) should be completed and signed by either OWNER, PRESIDENT, VP, CEO, or Director of Operations, NOT Dispatcher.

4. Please Fax the “Transportation Brokerage Agreement”, “W-9”, & “Authority Letter” to: (800) 317-4093.

5. If you are a “Dispatcher” or an “Agent” for a company, we require a “Power of Attorney” letter with the owner’s signature. We can provide a form if needed.

If there are any questions please feel free to contact our carrier relations specialist at 866-500-5623. Thank you for your interest in Knight Brokerage LLC.

Please Note Our New Location:

Knight Brokerage, LLC Toll Free: (866) 500-5623 20002 N. 19th Avenue Fax: (800) 317-4093 Phoenix, AZ 85027

Proud member of:

WEBSITE rev 06/1/14 Page 1 of 6 Knight Brokerage - Carrier Profile

COMPANY NAME: DATE:

MC# SCAC: Tax ID #

DBA:

PHONE: ALT PHONE:

FAX #: EMAIL:

PHYSICAL ADDRESS: REMIT TO ADDRESS: FACTORING [ ] YES [ ] NO

NUMBER OF TRAILERS: Dry Van: Reefer: CARB Certified

Intermodal: (requires Knight Intermodal Contract) Flatbed: Tanker Endorsed Drivers:

Power Only: ______ (requires Trailer Interchange Agreement.)

–  –  –

***Are you interested in learning about the U-Knighted Trucker Revolution program that provides up to 10 cents Fuel Discounts, and Used Equipment Discounts?

If yes, who should we contact?

PREFERRED LANES:

–  –  –

NOTE: If your company requests an advance and you are factoring, you must provide Knight Brokerage, LLC a release letter, or the advance will not be issued.

The release letter must come directly from the factoring company, be on the factoring company’s letterhead, and be signed by the factoring company. Knight Brokerage, LLC will endeavor to recognize any limitations requested above.

–  –  –

THIS TRANSPORTATION BROKERAGE AGREEMENT (Consolidated), including Appendix A and any subsequent appendices, addenda, exhibits or schedules (together, the "AGREEMENT"), is made and entered on ______________________, 20__ by and between ____________________________________________ ("CARRIER") and Knight Brokerage, LLC ("BROKER").

RECITALS

WHEREAS, CARRIER is a motor carrier of property duly authorized by all applicable state, provincial, or federal authorities to provide compensated contract carriage of property for shippers (sometimes herein "consignors") and receivers (sometimes herein "consignees") of regulated and non-regulated property, and provides transportation services and related services in the U.S. and, where applicable, Canada.

WHEREAS, BROKER is a transportation broker, duly authorized by the U.S. Department of Transportation (“DOT”), to arrange for the transportation of property by contract motor carriers on behalf of shippers and receivers.

WHEREAS, CARRIER recognizes the special, distinct, varying and continuing transportation needs of BROKER and its customer base of shippers and receivers, and in order to serve a portion of those transportation needs, CARRIER desires to provide contract carriage and related services to BROKER pursuant to the terms of this AGREEMENT.

AGREEMENT

1. EFFECTIVE DATE AND TERM. This AGREEMENT is to become effective on the date first written above, or to the extent applicable, upon the date which CARRIER and BROKER commenced doing business together, whichever is earlier, and shall remain in effect for a period of one year from such date, and shall automatically renew from year to year thereafter, subject to the right of either p arty to terminate this AGREEMENT at any time upon thirty (30) days advance written notice to the other party.

2. SCOPE OF AGREEMENT. This AGREEMENT shall govern any and all shipments tendered to CARRIER by BROKER (or upon BROKER'S instructions), and accepted by CARRIER, whether regulated or non-regulated property, in interstate, intrastate, or international transportation. Any rates, charges, liability limitations, classifications and/or rules in tariffs filed or published by CARRIER shall not apply to any such shipment unless they are specifically identified and incorporated herein. This Agreement does not bind either party to mutually exclusive services with each other. Both the BROKER and CARRIER understand and agree that BROKER will enter into similar agreements with other carriers, and CARRIER may enter into similar agreements with other brokers and/or shippers.





3. STATUS OF PARTIES. The relationship of CARRIER to BROKER shall, at all times, be that of an independent contractor. Nothing herein shall be construed as establishing an agency, partnership, joint venture, hiring or any form of employeremployee relationship between BROKER and CARRIER. Neither party shall be responsible for any debts, obligations or liabilities incurred by the other in performance of its business activities, except as expressly provided herein. Notwithstanding the foregoing provisions, BROKER shall be the agent for the CARRIER for the limited and express purpose of billing and collecting freight charges and fees from shippers and receivers, and CARRIER hereby appoints BROKER as its agent for such express and limited purpose. CARRIER further agrees that a Shipper’s insertion of BROKER’s name as the carrier on a bill of lading shall be for the Shipper’s convenience only and shall not change BROKER’s status as a property broker nor CARRIER’s status as a motor carrier.

4. FREIGHT RATES. For all shipments tendered by BROKER and accepted by CARRIER under this AGREEMENT, the rates, charges, and fees for the transportation and services shall be set forth in a Load Confirmation Sheet in a form provided by BROKER. Such rates and charges may be established or amended verbally (by telephone or other means) in order to meet specific shipping schedules, but such verbal agreements shall be confirmed in writing prior to loading of CARRIER’S truck with the property for transportation. Such written Load Confirmation shall include the charges for the shipment and shall also contain, as applicable, the conditions and any additional or accessorial services required to be performed. The Load Confirmation shall be sent by BROKER to CARRIER via computer generated facsimile transmission (FAX); electronic mail (EMAIL) or, alternatively by First-Class Mail prior to loading a load. CARRIER represents and warrants that there are no other applicable rates or charges applicable to the transportation, including those contained in any tariff, terms and conditions, or bill of lading, except those established in this Agreement or any Load Confirmation. For all shipments tendered by broker and accepted by carrier under this agreement, all detention, accessorial, and/or additional charges assumed by the carrier must be immediately reported as they occur.

Such charges and fees may be established verbally in order to meet specific shipping schedules, but must be confirmed in writing within 24 hrs, via fax or email, in order to receive compensation. Failure to do so may result in exclusion from or reduction of compensation. CARRIER agrees and acknowledges that that CARRIER’S dispatchers and other personnel are authorized to enter into Load Confirmations with BROKER.

5. PAYMENT. BROKER shall pay CARRIER for the transportation of property under this AGREEMENT in accordance with the shipping rates as established herein or in any Load Confirmation, said payment to be made not later than twenty-one (21) days from receipt by BROKER of CARRIER'S Load Confirmation, uncontested invoice, bill of lading, and documentation of proof of delivery covering such transportation and services. In the event that after shipment of property under this AGREEMENT the party

–  –  –

responsible for payment of freight charges and fees becomes bankrupt, or for any reason defaults on its obligation to pay BROKER for freight charges and fees which BROKER has already paid to CARRIER, CARRIER agrees that all its right, title and interest in such charges and fees shall be, and hereby are, transferred and assigned to BROKER for purposes of collection and recovery from the responsible party(s). CARRIER agrees that BROKER has the exclusive right to handle all billing and freight charges to BROKER’S customers for the transportation services provided herein, and, as such, CARRIER agrees to refrain from all collection efforts against the shipper, receiver, consignor, consignee, or BROKER’S customers. CARRIER shall furnish, if capabilities exist, transmissions of data elements ("EDI") on each shipment and receipt in the specified format, as well as similar data elements for automated payment of freight bills.

6. SERVICES. Subject to the availability of suitable equipment for the property tendered for transportation, and subject to the specific shipment instructions, CARRIER shall provide motor transportation services for the property, including, as applicable, the following specialized services: providing dedicated or assigned motor vehicles and/or refrigerated, containerized, bulk, and other specialized equipment; providing short notice driver/equipment availability to service the needs of BROKER and its customers;

performing driver loading/unloading/counting/verification for tendered shipments; providing loading/delivery scheduling, detention, overnight and weekend layover; providing less-than-truckload or truckload services; providing variable traffic/shipment levels;

protective services; stops and transits; direct dispatch; drop shipments; internal deliveries; weekends/holiday shipments and deliveries; pooling or spotting trailers; priority traffic and expedited services; and special credit payment terms. CARRIER shall bill all charges for such services directly to BROKER. CARRIER shall provide BROKER with copies of signed Bills of Lading and delivery receipts as evidence of such services.

7. BILLS OF LADING. CARRIER shall issue a Bill of Lading, in its own name, showing the kind, condition and numerical quantity of the property received and delivered by CARRIER at the loading and unloading points. CARRIER shall assume full and complete responsibility and liability for any and all loss and/or damage to, or delay of, any shipment of property while in the possession or control of CARRIER, provided, however, that when the terms and conditions specified in this AGREEMENT are different from the terms and conditions contained in the Bill of Lading, then the terms and conditions of this AGREEMENT shall prevail.

8. EQUIPMENT & LABOR. CARRIER, at its sole cost and expense, shall furnish all equipment required for transportation and services hereunder and shall maintain all equipment in clean condition, good repair and working order, and meet all minimum DOT vehicle standards. CARRIER shall employ only competent and properly licensed personnel, who shall be well-trained in the care, safety procedures applicable to shipments being handled and transported.

9. COMPLIANCE WITH LAW. CARRIER shall comply with all applicable DOT laws and regulations as well as any other federal, state, and provincial laws, regulations and ordinances applicable to the operations of a motor carrier. On behalf of shipper, consignee and broker interests, to the extent that any shipments subject to this Agreement are transported within the State of California r on refrigerated equipment beginning January 1, 2013, CARRIER warrants that it shall only utilize equipment which is in full compliance with the California Air Resources Board (ARB) TRU ACTM in-use regulations and shall provide proof of CARRIER’S compliance upon request from BROKER. CARRIER shall be liable to BROKER for any penalties, or any other liability, imposed on BROKER because of CARRIER’s use of non-compliant equipment.



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