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PURPOSE: The purpose of this Agreement is to compensate the Agent for acting on the behalf of the Broker/Carrier in soliciting shipments from shippers and/or consignees.
JOB TO BE PERFORMED: The Agent, in furtherance of the terms and conditions of this Agreement, will act on behalf of Broker/Carrier by:
DEFINITION OF SHIPPER/CONSIGNEE: For the purpose of this Agreement, the definition of a Shipper or Consignee is any person who is responsible for paying an invoice for the movement of freight.
FINANCING ACCOUNTS – It is the Broker/Carriers’ responsibility to determine credit worthiness of Shipper and to establish credit limits and terms. Broker/Carrier is responsible for collections if Shipper fails to pay within set terms. Credit to customer may be suspended until and after account has been settled.
REIMBURSEMENT OF EXPENSES: Broker shall not be liable to the Agent for any expenses paid or incurred by the Agent, unless otherwise agreed in writing, and Agent shall reimburse, indemnify and hold Broker harmless from and against the same.
TERM OF AGREEMENT:
NO AUTHORITY TO BIND: AGENT has no authority to enter into contracts or agreements on behalf of BROKER. This Agreement does not create a partnership between the parties.
RISK: AGENT shall perform the work at its own risk.
NOTICE: Notice shall be given t:
ASSIGNABILITY: AGENT agrees that this Agreement and its rights, interest and benefits cannot be assigned, transferred, pledged or hypothecated in any way and shall not be subject to execution, attachment or other similar process. Any attempt to do so contrary to the terms of this Agreement shall be null and void and shall relieve BRENNY of any and all liability under this Agreement.
CHOICE OF LAW: Any dispute under this Agreement or related to this Agreement shall be decided in accordance with the laws of the State of Michigan.
ENTIRE AGREEMENT: The parties agree that this instrument constitutes the entire Agreement between the parties hereto and supersede all prior agreements and understandings of the parties relating to the subject matter hereof and shall be binding upon the respective parties. This Agreement and any schedules or addenda now or hereafter made a part thereof; may not be amended or altered in any manner unless such amendment or alteration is in writing and signed by the respective parties hereto.
SEVERABILITY: If any provision of this Agreement is held unenforceable, the rest of this Agreement will never the less remain in full force and effect.
AMENDMENTS: This Agreement may be supplemented, amended or revised only in writing and signed by each of the parties.
BINDING EFFECT: This Agreement shall be binding upon and inure to BRENNY and AGENT and their respective successors, heirs, legal representatives, executors and administrators.