FREIGHT CARRIAGE. BROKER warrants that it has entered into, or will enter into, bilateral written contracts with each carrier it engages to perform the transportation services required by this Agreement. BROKER further warrants that those contracts comply with all applicable federal, state and local laws and regulations and shall include (but not be limited to) the substance of the following terms:
FREIGHT CARRIAGE. TDIS warrants that it has entered into or will enter into contracts with each Motor Carrier (and the Rail Carriers if practicable) it utilizes in the performance of this Agreement. TDIS warrants that its contracts with the Rail Carriers will be no less favorable to Party A than the provisions of the Rail Circulars. In order to interchange any intermodal chassis, container or trailer (“Intermodal Equipment”), each Motor Carrier engaged by TDIS must have entered into any equipment interchange agreement required by the applicable Intermodal Equipment provider.
FREIGHT CARRIAGE. ROUTE represents, warrants and covenants that it has entered into or will enter into a bilateral written agreement of carriage (either by contract or through tariff) with each Carrier it utilizes in the performance of this Agreement. ROUTE further represents, warrants and covenants that the agreements will comply with all applicable federal and state laws and regulations. ROUTE shall make commercially reasonable efforts to place SHIPPER’s loads with responsible carriers for the purposes of transporting the loads with reasonable dispatch under the direction of the SHIPPER. However, the Parties understand and agree that ROUTE, by signing this Agreement, makes no express or implied warranties or guarantees concerning delivery time or the locating of a carrier to provide the transportation services requested by the SHIPPER.
FREIGHT CARRIAGE. Broker warrants that it has entered into or will enter into contracts with each Motor Carrier (and the Rail Carriers if practicable3) it utilizes in the performance of this Agreement. Broker warrants that its contracts with the Rail Carriers will be no less favorable to Shipper than the provisions of the Rail Circulars. In order to interchange any intermodal chassis, container or trailer (“Intermodal Equipment”), each Motor Carrier engaged by Broker must have entered into any equipment interchange agreement required by the applicable Intermodal Equipment provider. Broker will require proof of insurance and operating authority from each Motor Carrier engaged by it. If Broker utilizes the services of any Motor Carrier on Shipper’s behalf, which Motor Carrier does not have proof of insurance and/or operating authority, Broker agrees to indemnify and hold harmless Shipper from all legitimate claims not paid by such Motor Carrier, including but not limited to cargo loss and damage claims, subject to and consistent with all limitations of liability and other provisions of this Agreement. Broker agrees that its contracts (and the contracts of any re-broker engaged by Broker) with the Motor Carriers will comply with all applicable federal and state regulations and will include the following provisions:
FREIGHT CARRIAGE. PTLS warrants that it has entered into, or will enter into, bilateral contracts with each Carrier it utilizes in the performance of this Agreement. PTLS further warrants that those contracts comply with all applicable federal and state regulations and shall include the following provisions:
FREIGHT CARRIAGE. FORWARDER warrants that it has entered into, or will enter into, bilateral contracts with each carrier it utilizes in the performance of this Agreement. FORWARDER shall be deemed the originating carrier on all shipments transported under this Agreement, regardless of whether FORWARDER is listed on the bill of lading.
FREIGHT CARRIAGE. BROKER will use it best effort to enter a bilateral written contract of carriage with each carrier it utilizes in the performance of this Agreement. BROKER further warrants that those contracts comply with all applicable federal and state laws and regulations and shall include the following provisions:
FREIGHT CARRIAGE. BROKER warrants that it has entered into, or will enter into, bilateral contracts with each Carrier it utilizes in the performance of this agreement SHIPPER further warrants that those contracts comply with all applicable federal and state regulations and shall include the following provisions: Carrier shall defend, indemnify and hold harmless SHIPPER and their directors, employees, officers, and affiliated parent and subsidiary companies (the “Indemnified Parties”) from and against all claims, liabilities, losses, damages, fines, penalties, payments, costs, and expenses (including, without limitation, reasonable legal fees, but excluding consequential damages) caused by and resulting from (i) the negligence or intentional misconduct of Carrier or its employees or agents, or (ii) Carrier or its employees’ or agents’ violation of applicable laws or regulations. Carrier shall agree that its liability for cargo loss or damage shall be that of a Common Carrier as provided for in 49 USC 14706 (the Xxxxxxx Amendment). Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability. Carrier shall agree that the provisions contained in 49 CFR 370.1 et seq. shall govern the processing of claims for loss, damage, injury or delay to property and the processing of salvage. Carrier shall authorize BROKER to invoice Shipper for services provided by the Carrier. Xxxxxxx shall further agree that BROKER is the sole party responsible for payment of its invoices and that, under no circumstance, will Carrier seek payment from the shipper, consignee or BROKER customer. Carrier shall agree that the terms and conditions of its contract with BROKER shall apply on all shipments it handles for SHIPPER Any terms in a tariff that are referenced in the carrier contract which are inconsistent with this Agreement shall be subordinate to the terms of this Agreement. Carrier shall expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, and Part B to the extent they conflict with the contract. BROKER further warrants it will require proof of insurance and operating authority from each Carrier and, should SHIPPER utilize the services of any carrier or other broker on SHIPPER’S behalf, which carrier and/or broker does not have proof of insurance and/or operating authority, BROKER agrees to indemnify and hold harmless SHIPPER from all legitimate claims not paid by Xxxxxxx, including but not limited to cargo loss and damage claims.
FREIGHT CARRIAGE. FORWARDER warrants that it has entered into, or will enter into, bilateral contracts with each carrier it utilizes in the performance of this Agreement. FORWARDER further warrants that those contracts are/will be substantially similar to the Exemplar Forwarder-Carrier Agreement found at xxx.xxxxxx.xxx/XXXXxxxxxxxxxxxxxxx.xxxx . FORWARDER shall be deemed the originating carrier on all shipments transported under this Agreement, regardless of whether FORWARDER is listed on the xxxx of lading.
FREIGHT CARRIAGE. Broker warrants that it has or will enter into, a bilateral written contract of carriage with each of the Broker’s Carriers it utilizes in the performance of this Brokerage Agreement and that such contract of carriage contains terms and conditions consistent and compliant with those set forth herein and exhibits attached hereto. Broker further warrants that each of its contracts with Broker’s Carriers require Broker’s Carriers to comply with all applicable federal, state and local laws and regulations governing such carriers.
