Exhibit 10.41
INDEPENDENT CONTRACTOR SERVICE AGREEMENT
This Agreement, made as of this ____ day of, ________________ 199_, by and
between / / Chemical Xxxxxx Tank Lines, Inc. / / Xxxxxx Dedicated, Inc.
(hereinafter called "CARRIER") and _____________ of ___________________________,
Federal I.D. or Social Security No.________, (hereinafter called "CONTRACTOR").
RELATIONSHIP OF THE PARTIES
CARRIER is engaged in the business of transporting, as a for-hire motor
carrier, various commodities, including hazardous materials in bulk, in tank
vehicles, in interstate and intrastate commerce pursuant to operating
authorities issued by the Interstate Commerce Commission and various state
regulatory agencies. CONTRACTOR is also engaged in the business of transporting
such commodities, as an independent contractor for-hire carriers and has advised
CARRIER of its desire to provide transportation services as described herein.
CONTRACTOR's obligation under this Agreement is to furnish to CARRIER a complete
transportation service, including, as may be necessary, and subject to the terms
hereof, loading and unloading of equipment at origin and destination, by a
manner and means and over routes selected by CONTRACTOR with respect to all
trips selected by CONTRACTOR. This Agreement does not obligate CONTRACTOR to
accept for transportation every or any trip offered by CARRIER to CONTRACTOR. In
the event CONTRACTOR accepts for transportation and other necessary services a
trip offered by CARRIER, CONTRACTOR agrees to transport and deliver such
property in strict conformity with any terms and conditions of any agreement
which may have been entered into by CARRIER with the customer of CARRIER for
which CONTRACTOR is performing the transportation service. In performing
services under this Agreement, CONTRACTOR, except as otherwise required herein
or by applicable law and regulation, shall direct the operation of equipment in
all respects and shall determine the method, means and manner of performance of
this Agreement, including, but not limited to, such matters as choice of routes,
points of service of equipment and rest stops. Inasmuch as CARRIER is regulated
by the Interstate Commerce Commission, and as and to the extent required by 49
C.F.R. ss. 1057. 12(c), CONTRACTOR shall surrender possession and use of the
equipment to CARRIER during the term of this Agreement, but only during the time
the equipment is, in fact, operated in the service of CARRIER. For all other
purposes, CONTRACTOR will remain in exclusive possession and control of the
equipment, and may trip lease the equipment described in Schedule A or otherwise
use such Equipment, provided as long as the identification of CARRIER is removed
and CONTRACTOR is lawfully operating under any required authority independent of
CARRIER's authority.
It is further understood that neither the CONTRACTOR nor any drivers,
helpers or other persons employed by CONTRACTOR are employees of CARRIER.
Accordingly, CONTRACTOR agrees that it will at all times during the duration of
this Agreement comply with all laws of the United States and any state in or
through which it may be operating under this Agreement, as well as all
regulations and rules promulgated thereunder, with respect to worker's
compensation or other insurance requirements for the benefit and protection of
its employees; and will maintain health, occupational accident, disability, and
other insurance required from time to time by CARRIER as set forth in Schedule B
as amended from time to time by the CARRIER, and will provide evidence of such
insurance upon demand of the CARRIER. CONTRACTOR further understands that it is
fully and solely responsible for the payment, and withholding and payment, of
any and all taxes levied and assessed under any federal or state laws providing
for the withholding of taxes on income and for unemployment, old age, social
security and any other such taxes with respect to itself and all persons
employed by it in the performance of this Agreement. To assure CONTRACTOR's
compliance with this paragraph, CONTRACTOR agrees to provide the CARRIER,
immediately on CARRIER's request, proof that any or all parts or elements of
this paragraph are being complied with by CONTRACTOR including, but not limited
to, proof of payment of such taxes and obligations. CONTRACTOR shall be
accountable for the delivery to CARRIER of all sums of cash, checks and
merchandise which CONTRACTOR receives pursuant to C.O.D. deliveries or
otherwise, such sums to be immediately delivered to CARRIER in the form received
by CONTRACTOR.
EQUIPMENT
CONTRACTOR warrants that it holds title to or otherwise has the right to
use the commercial vehicle equipment and all accessorial parts described in
Schedule A attached hereto and made a part hereof, and that such commercial
motor vehicle equipment is that which will be used by CONTRACTOR in the
performance of its service under this Agreement. It is mutually understood and
agreed that Schedule A may be amended from time to time to include, delete or
substitute motor vehicle equipment without invalidating, this Agreement and
without the necessity of executing a new agreement. The motor vehicles and
related equipment set forth from time to time in Schedule A hereto shall be
referred to as the "Equipment".
RECEIPTS
Receipts, specifically identifying the Equipment to be used by CONTRACTOR
under the terms of this Agreement stating the date and time such Equipment is
placed in service of CARRIER, and the date and time such Equipment is removed
from such service, shall be given as follows:
(a) At commencement of use of the Equipment in service to the CARRIER,
CARRIER shall provide CONTRACTOR a receipt evidencing such status.
(b) When such use in service of CARRIER is terminated, CONTRACTOR shall
provide a receipt to CARRIER evidencing such status, unless this Agreement is
terminated through breach by CONTRACTOR, in which case no receipt is required,
and end of use by CARRIER of the Equipment shall occur simultaneously with such
breach.
(c) Authorized representatives of CARRIER and CONTRACTOR may give and
receive receipts required under this paragraph.
TERM
This Agreement shall commence as of the date first above written and shall
be for a minimum of thirty days and shall end when CARRIER directs by written
notice that CONTRACTOR's services are no longer required or when CONTRACTOR, by
written notice, advises CARRIER that services no longer will be provided.
USE OF EQUIPMENT
CONTRACTOR acknowledges that CARRIER is subject to the regulatory authority
of the Intrastate Commerce Commission, and that 49 C.F.R. ss. 1057.12(c) and
comparable state regulations require that the Equipment may only be operated in
the service of CARRIER during the term of this Agreement, except when subleased
by CARRIER or trip leased by CONTRACTOR in accordance with such regulations and
this Agreement. CARRIER and CONTRACTOR agree to be bound by all rules and
regulations of any appropriate regulatory agency applicable to the operations
performed under this Agreement. CONTRACTOR agrees that the Equipment shall be
operated only by the CONTRACTOR or its agents or employees. It is expressly
understood and agreed between the parties that this Agreement does not require
the assignment of any particular load, run or trip to any vehicle described in
Schedule A nor does this Agreement commit CARRIER to use the Equipment if it
does not desire or require its use.
INSPECTION
CONTRACTOR warrants that all Equipment to be used in the performance of its
duties and obligations as set forth in this Agreement and the drivers therewith
furnished are in compliance with, and during the term of this Agreement shall
continue to be in compliance with, rules and regulations of any regulatory body
having jurisdiction including, but not limited to, 49 C.F.R. 383, 391, 392, 393
and 395, and any and all applicable CARRIER specifications and shall be so
maintained at CONTRACTOR's expense during the term of this Agreement. CONTRACTOR
agrees to submit the Equipment for inspection whenever requested to do so in
order to assure compliance with this paragraph, and to furnish CARRIER, not less
frequently than once every sixty (60) days, all records, information and
documents pertaining to the Equipment and CONTRACTOR's drivers required to be
maintained in compliance with such regulations and this agreement. Such
documents will include XXXXXXX'x xxxx of lading, delay or irregular service
reports. Customs documents, accident reports, spill or contamination reports,
weight tickets, and required safety and maintenance inspection reports. In the
event CARRIER should reject the Equipment or driver for failure to comply with
this paragraph, CARRIER shall have no liability for compensation or otherwise to
CONTRACTOR. CARRIER shall have the right to halt the movement of any vehicle
used by CONTRACTOR in the performance of its duties and obligations hereunder
for infraction of any safety rules and regulations and for routine safety
inspections and to require CONTRACTOR to prevent any non-qualifying driver from
performing services for CONTRACTOR on behalf of CARRIER under this agreement.
CONTRACTOR COMPENSATION
CARRIER agrees to pay CONTRACTOR as compensation for its services under
this Agreement in accordance with Schedules C and/or D attached hereto and made
a part hereof as amended from time to time by written notice by CARRIER.
Compensation payments made to CONTRACTOR under terms of this Agreement shall be
made within fifteen (15) days of submission of all completed paperwork, limited
to log books required by the Department of Transportation and those documents
necessary for CARRIER to secure payment from the shipper for transportation
services performed, and as provided by 49 C.F.R. ss. 1057.12. It will be the
CONTRACTOR's responsibility to assure that all documents necessary to secure
payment from shipper are submitted to CARRIER. CONTRACTOR agrees that the tank
cleaning and/or waste disposal and/or insurance revenues included in the gross
revenues shall be deducted from the gross revenue before applying the percentage
to be paid to the CONTRACTOR as compensation under this Agreement and attached
Schedules. Compensation may be offset when any outstanding obligations due
CARRIER from CONTRACTOR under the terms of this Agreement have not been paid.
The obligations shall include, but not be limited to, fuel, parts and
maintenance and any other advances, services or purchases secured from CARRIER
by CONTRACTOR.
CONTRACTOR will be supplied with a computer-generated earning statement
providing rate information at the time of settlement. CARRIER will provide
documentation for all deductions made from CONTRACTOR's compensation in the form
of written explanation and itemization. In the event that CARRIER should error
in billing its customer and at a later date correct such errors, thereby causing
modification of CONTRACTOR's settlement, CONTRACTOR hereby agrees to accept such
modification when the modified freight charge is properly applicable to the
shipment in question. CONTRACTOR has the right to examine copies of all actual
supporting documents for earning statements and deduction explanations at a
reasonable time agreed to by both parties.
CHARGEBACK ITEMS AND PAYMENT OF EXPENSES
Unless otherwise provided herein, CONTRACTOR agrees to pay all expenses of
its operations under this Agreement including, by way of illustration only,
expenses to repair and maintain the Equipment in at least as good condition as
required by those regulatory agencies having jurisdiction and by the insurance
company carrying the insurance risk on any described vehicle, expenses of fuel,
fuel taxes, oil, grease, road and other tolls, empty mileage, detention and
accessorial services, mileage taxes, expenses of drivers and other employees of
CONTRACTOR, health, welfare and pension costs, and taxes of any kind assessed
against CONTRACTOR.
CONTRACTOR shall obtain, at its own expense, all base plates, license tags,
drivers licenses, fees and permits required by any municipal, state or federal
law for the Equipment except such fees for certificates of authority where it is
mandatory that the certificate be issued in the name of CARRIER pursuant to the
regulations of the Interstate Commerce Commission or appropriate state
regulatory bodies. CONTRACTOR shall operate said Equipment in compliance with
all applicable municipal, state or federal laws and the rules and regulations of
any regulatory body having jurisdiction. CARRIER shall not be responsible for
return of unused portions of any items.
CARRIER is under no obligation to advance to CONTRACTOR any sum against
expected compensation to CONTRACTOR for any trip performed by CONTRACTOR under
the terms of this Agreement. If CARRIER, in its sole discretion, chooses to make
an advance, the advance will be deducted from compensation due CONTRACTOR.
It is further understood, except as herein set forth, in the event CARRIER
pays any of the items set forth in this Section or under "Maintenance of
Trailers" hereafter, the amount thereof paid by CARRIER shall be deducted from
compensation due CONTRACTOR under this Agreement.
The parties agree that, in addition to any other right, remedy or claim
CARRIER may have, CONTRACTOR shall pay CARRIER $25.00 per day for each day that
CONTRACTOR or CONTRACTOR's driver is in substantial non-compliance with this
Agreement or any terms and conditions of any agreement which may have been
entered into by CARRIER with CARRIER's customers for which CONTRACTOR is
performing the transportation services. Additionally, CONTRACTOR shall pay
CARRIER $25.00 per day for CONTRACTOR's failure to return CARRIER's property,
including but not limited to, all identification devices or placards, Qualcomm
satellite tracking device, company trailer, hoses and fittings.
CARRIER shall make all necessary arrangements to provide and install, at
CARRIER's expense, a Qualcomm Computer/Satellite Tracking Device for each power
unit leased to CARRIER by CONTRACTOR. CONTRACTOR shall be responsible for the
timely return of each such device upon the termination of this Agreement.
Likewise, CONTRACTOR agrees to pay CARRIER a weekly rental fee of $________ for
each such device provided by CARRIER. if the device is lost, damaged or not
returned upon request of upon the termination of this Agreement, Contractor
agrees to reimburse Carrier $________ for replacing the device, together with
all collection costs, including attorney's fees. As an alternative to obtaining
the device from CARRIER, CONTRACTOR may maintain its own similar device,
provided such device is compatible with CARRIER's computer/satellite tracking
system.
DRIVERS
Subject to the provision of this Agreement, CONTRACTOR shall hire only
qualified, competent and experienced drivers, helpers or other employees in the
performance of its obligations under this Agreement and CARRIER shall have no
right to direct or control their employment, discharge or the manner in which
they perform their duties for CONTRACTOR nor shall CARRIER have any
responsibility for their compensation; provided, however, CARRIER reserves the
right to require CONTRACTOR to prevent any driver from performing services for
CONTRACTOR on behalf of CARRIER under this Agreement who does not meet those
qualifications set forth in this Agreement. In addition, CONTRACTOR, in the
judgment of CARRIER, expressly acknowledges and agrees that, in the performance
of its obligations under this Agreement, it will utilize only those drivers who
at all times satisfy and qualify under the policy rules and requirements of
CARRIER, as amended or enacted from time to time by CARRIER in its sole
discretion upon written notice to CONTRACTOR ("Policy Rules"); and that it will
at all times cause its drivers to comply with the Policy Rules in the
performance of CONTRACTOR's obligations under this Agreement.
CONTRACTOR shall furnish CARRIER with drivers logs, certificate of physical
examination, and other documents as may be now or hereafter required by law or
government regulation including, but not limited to, 49 C.F.R. 383, 391 and 395.
Failure to furnish any of these required documents or results shall be grounds
for immediate termination by CARRIER without further liability.
IDENTIFICATION
49 C.F.R. ss. 1058 and comparable state regulations require that Equipment
be identified as being operated in the service of CARRIER. To comply with such
regulations, CARRIER shall furnish to CONTRACTOR a placard or decal containing
such identification as is required by such regulations. CONTRACTOR agrees to
attach same to the Equipment, placed in compliance with uniform company
standards and policy, immediately upon acceptance of the Equipment by CARRIER.
CONTRACTOR agrees that any painting, lettering or other marking of the
Equipment to comply with these identification requirements and removal of same
shall be at CONTRACTOR's expense.
CONTRACTOR agrees to immediately remove such placard, decal or marking as
well as any permits in the CARRIER's name upon the termination of this Agreement
and CARRIER may withhold payment pending proof of confirmation of such removal.
CARRIER shall keep a list of all Equipment showing the name of CONTRACTOR,
date and length of Agreement and any restrictions. The original Agreement shall
be kept on file at CARRIER's principal office.
MAINTENANCE OF TRAILERS
In the event any of the Equipment shall be used to draw, pull, move or
transport semi-trailers owned and leased by CARRIER, CONTRACTOR agrees to use
such semi-trailers in a careful and competent manner and to return such
semi-trailers to the possession of CARRIER upon termination of this Agreement,
or upon demand of the CARRIER, in the same condition as received, less ordinary
wear and tear. In addition to its other obligations hereunder, CONTRACTOR shall
be responsible to the CARRIER for the first $2,000 of any damage, however
caused, to said semi-trailer occurring while in the custody or under the
direction of the CONTRACTOR.
INSURANCE
49 U.S.C. ss. 10927 requires that CARRIER will maintain public liability
and property damage and cargo insurance naming CARRIER as the insured, for the
Equipment and its cargo while operating in the service of the CARRIER from and
to points under the terms of this Agreement.
All other insurance covering the Equipment during the time it or they are
operated under this Agreement if any, or otherwise shall be obtained by
CONTRACTOR at CONTRACTOR's expense; and such insurance shall be considered as
the primary insurance to any insurance carried by the CARRIER.
BILLS OF LADING
It is agreed that during the term of this Agreement while the Equipment is
being operated in the service of the CARRIER hereunder, the Bills of Lading,
Waybills, Freight Bills, Manifests or other papers identifying the lading
carried on the Equipment shall be those of the CARRIER or as authorized by the
CARRIER.
INDEMNIFICATION
CONTRACTOR covenants and agrees to indemnify, defend and hold harmless
CARRIER (a) from and against any and all claims brought against CARRIER and any
and all liabilities incurred by CARRIER for or on account of bodily injury or
property damage to persons in any manner caused by, incident to or growing out
of any act or omission of CONTRACTOR and its employees arising out of the
ownership, maintenance, use or operation of the Equipment or out of the conduct
or CONTRACTOR's business, including, without limitation, any violation or
alleged violation by CONTRACTOR or its employees or any Federal, state or local
laws regarding industrial hygiene, toxic waste discharge, or other environmental
regulations; (b) from and against any loss or damage to any property or
merchandise tendered for shipment hereunder which occurs while such properly or
merchandise is in possession of CONTRACTOR; and (c) from and against any claims
brought against CARRIER arising out of breaches or alleged breaches of
agreements between CONTRACTOR and any third parties (including, but not limited
to, employees of CONTRACTOR); (d) from and against any fines, penalties or
forfeitures imposed or levied as a result of the operation or use of the
vehicles in violation of any law, rule, regulation or similar enactment. Except
where violation results from the acts or omissions of the CONTRACTOR, CARRIER
shall assume the risks and costs of fines for overweight and oversized trailers
when trailers are preloaded, sealed or the load is containerized by other than
CONTRACTOR, or when the trailer or lading is otherwise outside the CONTRACTOR's
control, and for improperly permitted overdimension and overweight loads and
shall reimburse the CONTRACTOR for any such fines paid by the CONTRACTOR.
CONTRACTOR hereby agrees that when assigned to any trailer or lading that was
loaded outside of its control, the CONTRACTOR or its driver will ensure that all
regulations regarding dimensions and weight are complied with. CONTRACTOR
further agrees that if in violation of any regulation, it will notify the
CARRIER immediately and will not proceed without instructions and that failure
to notify CARRIER will constitute an omission on the part of the CONTRACTOR and
the CONTRACTOR will assume the risks and costs for violations. CARRIER agrees to
pay all fines and penalties for inadequacies in the Certificate of Authority
where it is mandatory that the certificate be issued in the CARRIER's name.
CONTRACTOR shall pay for and defend, indemnify and hold CARRIER harmless
for the first Two Thousand Dollars ($2,000.00) for each claim involving any
loss, damage, fines, expense, including reasonable attorney's fees, action and
claim arising out of, or in connection with, any accident deemed by CARRIER to
have been preventable by the operator of the equipment, the cleaning up of any
accident, or any spills or contamination claims involving the equipment or the
services provided by CONTRACTOR or its drivers.
CONTRACTOR understands and agrees that it is responsible for any lading
accepted for transportation by CONTRACTOR, and for the loading and delivery
thereof to, and the unloading thereof at destination, and that it will reimburse
CARRIER for any expense or loss suffered by CARRIER by reason of shortage,
spilling or contamination and/or failure to properly deliver the same, including
any residue or heel disposal as a result of the CONTRACTOR's negligence. All
deductions from settlements will be itemized on CONTRACTOR's settlement
statement.
It is understood that CONTRACTOR assumes all risk of loss or damage to the
Equipment and to all parts, accessories, materials and supplies furnished by
CONTRACTOR hereunder, and CARRIER shall be under no liability for loss and
damage thereto.
It is further agreed that if CARRIER is required to pay for any loss or
damage caused by CONTRACTOR, its servants, agents, or employees or CARRIER is
required to perform any obligations required of CONTRACTOR under this Agreement,
that CONTRACTOR shall be fully obligated therefor and such costs and expenses
shall be deducted by CARRIER from any monies due or thereafter becoming due to
CONTRACTOR.
ASSIGNMENT AND SUBLEASING
CARRIER may sublease the Equipment to the extent permitted by 49 C.F.R. ss.
1057, or comparable applicable state laws and regulations, subject to the
provisions hereof. CARRIER and, with CARRIER's prior written consent, CONTRACTOR
may assign this Agreement.
LABOR DISPUTES
CONTRACTOR hereby agrees that should it become involved in a labor dispute
with its employees, it will immediately report this fact to CARRIER. If such
labor dispute interferes or tends to interfere with the CONTRACTOR's operations
for CARRIER, then CONTRACTOR agrees to continue its operation for CARRIER
utilizing other employees not involved in the labor dispute. Should CONTRACTOR
fail to meet its obligations under this section, this Agreement shall be subject
to immediate cancellation by CARRIER without notice or penalty.
DEFAULT
If CONTRACTOR breaches the terms of, or fails to perform its obligations
under this Agreement, in addition to its other rights and remedies hereunder
CARRIER shall have the right to receive from and be reimbursed by CONTRACTOR for
cost or damage CARRIER incurs as a result of such breach or failure, including
consequential or incidental damages. The aforesaid costs and damages may be set
off against any compensation due CONTRACTOR under this Agreement.
TERMINATION
Upon termination of this Agreement, CARRIER shall have the right to
withhold payment of any and all compensation due and owing CONTRACTOR until
sufficient time has elapsed for payment of all CONTRACTOR's obligations
hereunder. To the extent required by regulations of the Interstate Commerce
Commission or other applicable law, a final accounting will be issued by CARRIER
to CONTRACTOR within forty-five (45) days of termination, or such greater period
as permitted by the regulations.
INTERPRETATION OF AGREEMENT
This Agreement shall for all purposes be governed by and interpreted under
the internal laws of the Commonwealth of Pennsylvania, without regard to
conflict or choice of law rules.
AGREEMENT
This Agreement shall be binding upon and inure to the benefit of the
CONTRACTOR, its heirs, representatives, successors and assigns, and upon
CARRIER, its successors, assigns and sublessees.
This Agreement supersedes and cancels any and all other agreements that may
now be in effect between CONTRACTOR and CARRIER with respect to the Equipment as
amended from time to time.
This Agreement and any Schedules attached hereto and made a part hereof
constitutes the entire agreement between the parties, which may only be modified
in writing, signed by an officer or authorized representative of the parties.
Any verbal agreements between the parties shall have no force or effect.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound hereby
have affixed their hands and seals on the date first above written.
CONTRACTOR
By: ____________________________________________________________________________
Title: _________________________________________________________________________
Witness: _______________________________________________________________________
CARRIER
By: ____________________________________________________________________________
Title: _________________________________________________________________________
Witness: _______________________________________________________________________
SCHEDULE "A"
LIST OF LEASED EQUIPMENT
LICENSE OWNER'S CARRIER'S EFFECTIVE DATE
SERIAL NO. MAKE NUMEBR MODEL YEAR UNIT NO. SERIAL NO. UNDER LEASE
SCHEDULE B
The CONTRACTOR must maintain at all times the following insurance coverage
and provide CARRIER evidence of such coverage at each renewal, upon change in
coverage or insurer, or upon demand.
(1) WORKERS COMPENSATION; for all CONTRACTOR's employees satisfying the
applicable statutory requirements for such insurance.
(2) OCCUPATIONAL ACCIDENT; if a CONTRACTOR is and individual or a GENERAL
PARTNERSHIP in which all of the partners are drivers and such individual or
partnership is not legally required to be covered by Workmen's Compensation
Insurance satisfying the requirements in (1) above, then Occupational Accident
Insurance covering CONTRACTOR or the parties thereof, if applicable, providing
the scope and amount of coverage substantially similar to the otherwise
applicable Workmen's Compensation insurance in (1) above. Occupational Accident
insurance is not sufficient for any driver who is not the named Contractor (or a
General partner thereof) or who is an employee or a Contractor.
(3) PURE BOBTAIL INSURANCE; for each unit included on Schedule A of this
agreement with a minimum coverage of $1,000,000 for personal injury and property
damage for any single occurrence.
CARRIER must be named as a Certificate Holder with respect to all insurance
maintained by CONTRACTOR with respect to its activities performed pursuant to,
or equipment leased under, this Agreement, including the insurance set forth
above, and Certificates of such insurance provided to, and maintained with,
CARRIER at all times during the term of this Agreement.
SCHEDULE "C"
RENTAL PAYMENTS
Date: _________________
To be attached to and made part of the Independent Contractor Service
Agreement between "CARRIER" and ________________________________________________
_________________, ("OWNER") dated _______________________.
1. RENTAL CARRIER agrees to pay OWNER as rental for equipment and drivers
by this agreement on the following basis:
a. Liquids, including Dry Bulk Chemicals: _______________________
b. Cement: _______________________
c. Other: _______________________
Application of percentages will be based on revenue received by the CARRIER
under tariffs in force exclusive of the following:
Charges for spotting trailers, cleaning and/or steaming trailers, extra
hose, nozzle, burner, trailer mounted pumps and meters and requests for
special equipment by shipper (Rule 315).
On reloadable loads of greater than 000 xxxxxx xxxx length of haul, Independent
Contractor percentage will be calculated on a maximum $2.60 per tariff mile
rate.
All toll charges that are billed outside of the linehaul rate & received from
the customer will be paid 100% to the Independent Contractor.
2. EXCEPTIONS:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
DATE: SIGNATURE:
________________________________________________________________________________
SCHEDULE "D"
DEDUCTION FROM LINEHAUL CHARGES
FOR TANK CLEANING, WASTE DISPOSAL
To be attached to and made part of the Independent Contractor Service Agreement
between "CARRIER" and _________________________________________________("OWNER")
dated _______________________.
OWNER agrees that the tank cleaning and/or waste disposal costs included
in the gross linehaul revenues shall be deducted from the gross revenue
before applying the percentages to be paid to the OWNER as rental under
the leased agreement and attached schedules.
Receipt of this schedule is hereby acknowledged.
The effective date of this schedule is _________________________
Signed _________________________________________________________
SCHEDULE E
The Carrier shall require the Contractor to maintain an Escrow Fund with the
Carrier and in the base amount of two thousand dollars ($2,000). The base amount
of the Escrow Fund is for the purpose of settling amounts which the Contractor
may owe the Carrier under this agreement at the time of termination. The Escrow
Fund shall be funded through the deduction of fifty dollars ($50) from each
settlement under this agreement until the full two thousand dollars ($2,000) has
been deposited. While the Escrow Fund is in the control of the Carrier, the
Carrier shall provide an accounting to the Contractor of any transaction
involving the Escrow Fund by clearly describing such transaction in writing to
the Contractor at the time of settlement.
While the Escrow Fund is under the control of the Carrier, the Carrier shall pay
interest on the Escrow Fund on a quarterly basis at a rate equal to the average
yield on ninety-one (91) day thirteen (13) week treasury bills, as established
in the weekly auction by the U.S. Department of Treasury, as determined on the
first day of the calendar quarter with respect to which such interest payment is
made.
An opportunity to utilize the Escrow account as a savings vehicle will be
permitted once the two thousand dollar ($2,000) required amount has been
reached. A separate explanation of that opportunity will occur when the two
thousand dollar ($2,000) has been reached.
Escrow Funds shall be repaid upon the prompt return by the Contractor of all
signs, licenses, permits, notices, tax cards, operating authority, equipment and
other paperwork and property belonging to the Carrier. The amount of Escrow
Funds may be reduced to reflect expenses incurred by the Carrier, with respect
to any efforts undertaken by the Carrier to seek return of such items. Any such
reduction shall be accounted for in full in the final accounting period provided
by the Carrier.
Within forty-five (45) days from the termination of this agreement, the Carrier
shall return to the Contractor all amounts remaining in such Escrow Funds after
the deduction of any amounts owed by the Contractor to the Carrier. Final
disbursement of such Escrow Fund shall be accompanied by an accounting which the
Carrier shall provide to the Contractor at the time of the settlement, following
any transaction involving the Escrow Fund at the time of final disbursement of
said fund. The Contractor may make a written request for an accounting at any
time, and such accounting shall be provided within seven (7) days from the
Carrier's receipt of request.
Signature ___________________________
Independent Contractor
CARRIER POLICY STATEMENT
Chemicals used at tank cleaning facilities can cause damage to your tractor
exteriors. In order to avoid damage to your equipment, "CARRIER" is recommending
that you unhook from your trailer and move a safe distance away during the
washing process. The "CARRIER" is also advising that it is the individual leased
operators responsibility to protect his equipment and that "CARRIER" will not be
responsible for damage incurred within the immediate area of a tank wash
facility.
Acknowledgement:
Name _____________________________
L/O Number _______________________
Date _____________________________
UNIT NO ________________
WISCONSIN RIDER
Attached to and made a part of the Independent Contractor Service Agreement.
Pursuant to the provisions of Chapter PSC 60.03 (2), the parties that
notwithstanding any provision contained herein, which might be construed
otherwise, the lessee shall have exclusive possession, control and use of the
said equipment when operated in its service; and during the period the vehicle
is operated in its service, lessee assumes full responsibility to the public,
the shippers, and to all State and Federal regulatory bodies or authorities.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have
affixed their hands and seals this _________________ day of _____________,
19 ___.
_________________________________
Lessor
/ / CHEMICAL XXXXXX TANK LINES, INC.
/ / Xxxxxx Dedicated
By: ______________________________
Lessee
