Whereas, Carrier is a MOTOR CONTRACT CARRIER, desiring to retain APAG Dispatch by executing a Limited Power of Attorney form to secure freight and dispatch Carrier's equipment. Signing rate confirmations and submitting invoices on the behalf of the carrier.

 

Whereas APAG Dispatch is a transportation dispatching service provider handling the necessary paperwork between shippers/brokers and the Carrier.

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Limitations of this Agreement: This Agreement is not a contract of contract. Neither you nor APAG Dispatch LLC are obligated to any specific term of contract.

 

The Carrier must, prior to the implementation of this agreement, furnish to APAG Dispatch the following:

 

1.  Copy of Carrier's MC Trucking Authority.

2.  Certificate of Insurance

3.  A signed W9 Form.

4.  Notice of Assignment (from Factoring Company) or a copy of a Voided Check.

5.  This Agreement form completed, dated, and signed.

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A.OBLIGATIONS OF APAG DISPATCH

 

1.  Find freight that best matches profile for the Carrier discussed during initial consultation.​​​

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2.  DISPATCHER agrees to handle paperwork, phone, fax, and email to and from the BROKER to tender commodities or shipments to Carrier for transportation in interstate commerce by CARRIER between points and places within the scope of Carrier's operating authority. 

DISPATCHER  will:

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• Make a 100% effort to keep Carrier truck(s) loaded.

• Carrier will be contacted regarding each load we find, and the driver will Accept or Reject the load.

• DISPATCHER  is a No Forced Dispatch service provider.

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3.  Upon the Carrier agreeing to the load, DISPATCHER  will email to broker the Carrier´s authority, W9, Certificate of Insurance, along with any other required supporting documentation.

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4.  Assist with any problems that arise in the transit of the load, when necessary, within our capabilities. Carrier is responsible for own equipment.

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5.  Upon receipt the of load proof of delivery and Bill of Lading DISPATCHER  will email/text all documentation to the Broker for confirmation, at that moment the services of DISPATCHER  have been fully performed.

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6.  In no event will DISPATCHER  be liable for any incidental, consequential, or indirect damages for the loss of profits, or business interruption arising out of the use of the service.

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7.  DISPATCHER  bears no financial or legal responsibility in the transaction between the Broker - Carrier agreement.

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B.OBLIGATIONS OF CARRIER

 

1.  Carrier gives DISPATCHER  and any of its agents authority to provide his/her signature for rate confirmation sheets, invoices, and associated paperwork necessary for securing cargo and billing purposes. The terms of this agreement shall be perpetual, provided that either party may terminate same by giving 7 calendar days written notice.

 

2.  CARRIER agrees to pay DISPATCHER  the agreed “(8%)” percentage of the face value of loads as stated on the load confirmation sheet. CARRIER further agrees to pay DISPATCHER net 5 days, after this point the account becomes overdue. At 13 days the account will be suspended and a reactivation fee of $50 or a 10% late fee (whichever is higher) to the unpaid invoice will apply in addition to any other overdue fees. After 30 days the account will be placed for collections and MC Authority# will be subject to a negative carrier performance rating (CPR).

 

• DISPATCHER will invoice the Carrier as per the terms of the agreement via email. Payment can be made to DISPATCHER by Credit/Debit Card, ACH, Direct Deposit, PayPal or through your factoring partner. Once the payment is processed the Carrier will be sent a confirmation receipt via email with address on file. It is your obligation to update any contact information as soon as possible as this is required for our billing system.

• NOTE: We will only send one invoice per Trucking Motor Carrier number (MC#). If you have multiple drivers under one MC# you as the MC holder will need to collect from your leased-on drivers if applicable.

• PROMOTIONS: Any promotions or discounts will be applied for the duration of the term specified in the promotion. After which, your account will roll over to its agreed stated value without any prior additional communication from DISPATCHER.

 

3.  CARRIER agrees to hold DISPATCHER harmless from any liability for personal injury or property damage occurring during operation conducted by CARRIER pursuant to this agreement.

 

4.  CARRIER will be responsible to comply with all applicable state and federal regulations pertaining to the operation of a motor carrier.

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C. ADDITIONAL PROVISIONS

 

1.  Once a load has been set up for the Carrier and all information given, it will be the responsibility of the         Carrier to handle directly with assigned dispatcher and shipping party any problems, issues, delays, overages, shortages, damages, or billing and collections issues.  

2. DEDICATED LANES: CARRIER and DISPATCHER agree that DISPATCHER, at great expense, had developed a broad customer base of shippers, receivers, and brokers that is essential to the successful operation of the company. CARRIER and DISPATCHER agree that disclose of the identity of one or more of the companies said customers to CARRIER constitutes valuable consideration. Carrier shall not back-solicit or participate, directly or indirectly, in services which involve transportation and/or handling of property by CARRIER by which CARRIER, does, or did in the past, provide such service for that customer under arrangements first made or procured by DISPATCHER. Solicitation includes conduct initiated by CARRIER, or accepted by CARRIER, upon inducement of DISPATCHER efforts. If CARRIER should perform services of a transportation or warehousing nature for compensation for any DISPATCHER customer without prior documented authorization from DISAPTCHER during the applicable time period in violation of this AGREEMENT, CARRIER shall pay to DISPATCHER within (10) days of each such violation an amount equal to (8%) of all revenues invoiced by CARRIER to the solicited customer. 

3. Non-Solicitation: During the term of your agreement, and for a period of on (1) year immediately thereafter, You agree not to solicit any employee or independent contractor of APAG DISPATCH LLC on behalf of any other business enterprise, nor shall you induce an employee or independent contractor associated with APAG DISPATCH LLC to terminate or breach a contract, contractual or other relationship with APAG DISPATCH LLC.

4. Modifications: This Agreement may be modified only by writing executed by both You and APAG DISPATCH LLC.

5. Severable Provisions: The provisions of this Agreement are severable, and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable shall nevertheless be binding and enforceable.

6. Independent Contractor: It is understood and agreed that the relationship between CARRIER and DISPATCHER is that of independent contractor and the no employer/employee relationship exists or is intended.

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APAG Dispatch is NOT responsible for:

 

• Billing Issues between carrier and broker/shipper. APAG Dispatch will assist wherever possible to help resolve issues.

• Load problems

• Advances

• DOT compliance issues

• SPIKE INSURANCE

• Detention (We will not pay for, but we will work on your behalf to secure) We do not take a percentage of detention. Detention is NOT guaranteed by brokers.

• TONU (We will not pay for, but we will work on your behalf to secure) We do not take a percentage of TONU.

• Follow only the instructions on the Rate Confirmation. Any verbal instructions by receiver/broker/shipper or any other party such as but not limited to receiver/broker/shipper are not the responsibility of APAG Dispatch. Any actions taken outside the scope of the rate confirmation will be at the carrier's responsibility.

• APAG Dispatch DOES NOT take ownership or responsibility for any cargo or trucks.

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To exercise to perform any act, power, duty, right or obligation whatsoever that Client now has or may hereafter acquire. Client agrees to APAG Dispatch full power and authority to do everything necessary in exercising any of the powers granted here as fully as Client might or could do if personally present, with full power of substitution or revocation, ratifying and confirming all that APAG Dispatch shall lawfully do or cause to be done by virtue of this power of attorney and powers granted here.

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A. CONTRACT POWERS

 

To make, do, and transact every kind of business solely pertaining to the duties of freight dispatching and also for Client and in its name, and as its act and deed, to sign, seal, execute, deliver and acknowledge such transportation contracts, agreements, bills of lading, bills, releases and such other documents and instruments in writing of whatever kind and nature as may be necessary or proper in the premises, as fully as Client might do if done in its own capacity.

 

B. SETTLEMENT POWERS

 

To adjust, submit to shippers and brokers matters, which are now subsisting or may hereafter arise between Client or APAG Dispatch and any other person or persons, or in which any property, right, title, interest or claimed by Client may be concerned.

 

C.  PHOTOGRAPHIC COPIES

 

Photographic or other facsimile reproductions of this executed power may be made and delivered by APAG Dispatch and may be relied upon by any person to the same extent as though the copy were an original. Anyone who acts in reliance upon any representation or certificate of APAG Dispatch, or upon a reproduction of this power, shall not be liable for permitting APAG Dispatch to perform any act pursuant to this power.

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