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VHI Transport would like to congratulate Dawn Minder Chittick. Her name was drawn as the winner of our “Like Us” contest. Congratulations Dawn, you won a Kindle Fire! Please contact us today. Thanks to everyone who liked us, we like serving our transportation carriers and clients!
Announcements
4525 Lee Street, Chester, VA 23831 – www.vhitransport.com – 804-414-1780
NEWS RELEASE
For Release: Immediately
Contact Bruce Gee – 804-414-1780
February 13, 2012 – VHI Transport, domiciled in Chester, VA, a woman owned leader in supply chain management and logistics would like to announce the following staff changes:
Kristy Seaton to Vice President
Connie Whitley to Global VHI Sales
Kristy Seaton, who has served as the company’s Supply Chain Director since 2009, will now be serving in the role of Vice-President of the company. Prior to working for VHI, Kristy worked for Coca-Cola Enterprises serving in different departments including working with their supply chain and SAP functions. Kristy has a degree in International Business.
Connie Whitley, who has served as Vice President of Sales and Marketing since 2006, will be undertaking the role of Global Sales for VHI Transport. This change will enable Connie to concentrate more on the global market place selling existing product lines as well as some of the new initiatives VHI is undertaking. Connie is going into her 15th year of selling for VHI Transport; prior to VHI she served as Vice President for a printing and advertising company.
Prayer Ministry
VHI Transport was founded on Biblical principles. VHI’s Founder witnessed the power of prayer in action in allowing several things to happen that permitted VHI to get into the transportation business.
That same belief that caused us to commence business in 1977 is now deeply rooted into the fabric of our company today. We believe that we are called to pray for each other, our families, our community and for this nation. We stand firmly in believing what the scripture says in Mathew 18:20: “For where two or three gather in my name, there am I with them.”
VHI has formed a voluntary prayer team where we will stand with you, believing “With God, all things are possible.” Please email your prayer request to prayteam@vhitransport.com.
Our Insurance
If you use VHI as a provider, not only do you get our best effort at qualifying the shipper or carrier, you might also get a layer of protection through certain policies we have in place. For example, VHI normally carriers the following:
TYPES OF INSURANCE TYPCIALLY CARRIED AT VHI TRANSPORT
Commercial General Liability:
VHI carries $1,000,000 for each occurrence and $2,000,000 policy aggregate.
Errors and Omissions:
VHI purchases E&O insurance for our protection in the event VHI should commit an error that leads to a financial loss while acting as a Property Broker.
Excess Umbrella Policy:
VHI carries a $1,000,000 limit over and above our General Liability and Employer’s Liability limits.
Workers Compensation and Employers Liability:
This insurance is for the benefit of the employees of VHI. It does not extend to motor carrier drivers that are arranged for by the company. Workers Compensation laws do not make it reasonable that VHI could pay for the drivers, from nearly all 48 states, keep track of earnings as a basis for premium, then offset against the rightful payer of premiums.
Contingent Cargo, NON FORM FOLLOWING:
VHI is one of but a few Third Parties that provide this insurance along with its E&O policy. Contingent Cargo Insurance triggers, if, and when the motor carrier’s insurance refuses an actual claim. Many Contingent Cargo policies “follow form” and mirror only the coverage of the motor carrier. VHI has $100,000 in Contingent Cargo coverage with a sublimit of $50,000 for Dishonest Acts of Carrier. The Contingent Cargo is subject to a $5,000 deductible ($10,000 for Reefer Breakdown).
Errors and Omissions: VHI has $100,000 in E&O coverage with a $5,000 deductible.
Surety Bond: VHI was the first Broker in the U.S. to voluntarily sign up for the TIA’s certified performance bond at $100,000. Fewer than 35 Brokers have this insurance as of 4-1-09.
Disclaimers: The above illustration is offered as an example of what VHI typically could have in place at any one time. Many of the types of coverage could be limited, could have exclusions, could be specific for occurrence or user. There is no assurance whatsoever that any insurance or warrant made through this or any other venue is absolute or a guaranty. It is meant to show an agent, a motor carrier or a shipper what coverage we typically have in place when they are considering our services. Specific coverage for specific needs can be discussed and often involve our underwriter for definitive coverage. However for current information please refer to the Shipper or Carrier Packet sections on this web site, under Shipper or Carrier.
VHI, is a Licensed Property Broker, in business since 1977. VHI has served the Third Party Industry in various capacities, including involvement in the “Model Contract” between Shippers (NITL) and Brokers (TIA). This contract involved several years of meetings between various leaders of the TIA, (Third Parties) and NITL, (Shippers), and their various legal representatives. Then the development of a “Model Contract between Brokers TIA and the motor carrier industry, that was developed in 2006. David Gee, CEO of VHI, was Board Chair of TIA in 2003and 2004, or during the time the model contracts were developed. The underlying message in all of the contracts are that brokers are distinct from motor carriers and do not have the ability to carry the risks of a motor carrier.
Nov 2011
Our Credit information
FINANCIAL PROFILE OF VIRGINIA HIWAY, INC.
DBA VHITRANSPORT
BROKERAGE: MC 172093
PH‑ 804 414-1570 FAX 804 414-1789
Visit us at 4525 Lee St. Chester, Va. 23831 or
AT VHITRANSPORT.COM
BUSINESS: A certified Transportation Broker in business since 1977.
Payment Terms: * All approved invoices paid 10 calendar days.
* Financial Recognitions
- Dunn & Bradstreet Rating: 3A1. D&B #08-413-4451
- Red Book Credit Services: A1, the highest rating possible.
- NASTC ranks the company in the top 1% of the industry
- Charter member of Metro Factors’ “Good as Gold” Program, call 214-363-4557
- CompuNet Credit Services: A Gold Book Broker, recognized as being in the top 8% of transportation intermediaries in the United States, call 888-269-2237
- Nacomco, Inc: Platinum Certified Broker.
- TransCredit: A perfect score of “100”.
Bank: Sun Trust, contact Brian Andress, 804-782-5962
Accountant is Todd Ofslager, 804 330 7190 * Federal I.D. 54‑1046451
COMPANY RECOGNITIONS
* Approved member of Metro Factors, “Good as Gold Program”. (Metro Factors, P.O. Box 38604 Dallas, Tx. 75238, Ph 214 363 4557
* Approved member of”Gold Book,” by (CompuNet Credit Services P.O. Box 331148 Ft. Worth, Texas)
* Approved member of “Best Brokers List” of (The National Association of Small Trucking Companies 104 Stuart Dr. Henderson, Tn. 37305, Phone 615 826 7763
* Member Transportation Intermediary Association
* Certified Transportation Broker: Certificate # 15 as issued by the Transportation Brokers Institute.
* NASTC Broker of the Year 2008
INSURANCE DATA
Insurance- VHI has the following policies typically in place.
Commercial General Liability, Errors and Omissions, Excess Umbrella Policy, Workers Compensation and Employers Liability:Contingent Cargo, NON FORM FOLLOWING, Errors and Omissions: $100,000 Surety Insurance, Account Receivable Insurance, Commercial General Liability. Our Agent for these policies is: Avalon Risk Management, 978-740-567784 84 Wharf Street, Salem, MA 01970
Guaranteed Pay Program-VHI Transport is proud to be one of the first companies to provide a $100,000 surety bond as part of our customer assurance plan. The bond is provided as part of a Guaranteed Payment Plan (GPP) arranged by a national organization. VHI was one of the first six firms in the country to be approved for participation – an extremely elite group indeed.
To qualify for the GPP, VHI had to:
- Be a member of the Transportation Intermediaries Association (TIA)-(We have been a member for more than 20 years)
- Participate in TIA’s P3 program, a contractual best practices program-(VHI was one of the first participants since its inception)
- Secure a $100,000 surety bond (through Avalon Risk Management)
- Pass a means test that covers years in business, credit worthiness, existing insurance (that minimizes risk), financial data, debt to asset ratio, integrity and reputation in the marketplace
Best Practices-VHI Transport embraces the Transportation Intermediaries Association (TIA) Platinum Performance Program (P3), a contractual best practices agreement to achieve a higher level of customer service and conduct business using common terms and conditions. P3 brings a new level of trust and performance to broker/motor carrier relationship.
Financial Profile
FINANCIAL PROFILE OF VIRGINIA HIWAY, INC.
DBA VHITRANSPORT
BROKERAGE: MC 172093
PH‑ 804 414 1570 FAX 804 414 1789
Visit us at 4525 Lee St. Chester, Va. 23831 or
AT VHITRANSPORT.COM
BUSINESS:
A certified Transportation Broker in business since 1977.
FINANCIAL INFORMATION
* All approved invoices paid 10 calendar days.
* Financial Recognitions
- Dunn & Bradstreet Rating: 3A1. D&B #08-413-4451
- Red Book Credit Services: A1, the highest rating possible.
- NASTC ranks the company in the top 1% of the industry
- Charter member of Metro Factors’ “Good as Gold” Program, call 214-363-4557
- CompuNet Credit Services: A Gold Book Broker, recognized as being in the top 8% of transportation intermediaries in the United States, call 888-269-2237
- Nacomco, Inc: Platinum Certified Broker.
- TransCredit: A perfect score of “100”.
Bank: Sun Trust, contact Janna Lindsay, 804-782-7698
Accountant is Todd Ofslager, 804 330 7190
* Federal I.D. 54‑1046451
COMPANY RECOGNITIONS
* Approved member of Metro Factors, “Good as Gold Program”. (Metro Factors, P.O. Box 38604 Dallas, Tx. 75238, Ph 214 363 4557
* Approved member of”Gold Book,” by (CompuNet Credit Services P.O. Box 331148 Ft. Worth, Texas)
* Approved member of “Best Brokers List” of (The National Association of Small Trucking Companies 104 Stuart Dr. Henderson, Tn. 37305, Phone 615 826 7763
* Member Transportation Intermediary Association
* Certified Transportation Broker: Certificate # 15 as issued by the Transportation Brokers Institute.
INSURANCE DATA
Insurance- VHI has the following policies typically in place.
Commercial General Liability, Errors and Omissions, Excess Umbrella Policy, Workers Compensation and Employers Liability:Contingent Cargo, NON FORM FOLLOWING, Errors and Omissions: $100,000 Surety Insurance, Account Receivable Insurance, Commercial General Liability. Our Agent for these policies is: Avalon Risk Management, 978-740-567784 84 Wharf Street, Salem, MA 01970
Guaranteed Pay Program-VHI Transport is proud to be one of the first companies to provide a $100,000 surety bond as part of our customer assurance plan. The bond is provided as part of a Guaranteed Payment Plan (GPP) arranged by a national organization. VHIwas one of the first six firms in the country to be approved for participation – an extremely elite group indeed.
To qualify for the GPP, VHI had to:
- Be a member of the Transportation Intermediaries Association (TIA)-(We have been a member for more than 20 years)
- Participate in TIA’s P3 program, a contractual best practices program-(VHI was one of the first participants since its inception)
- Secure a $100,000 surety bond (through Avalon Risk Management)
- Pass a means test that covers years in business, credit worthiness, existing insurance (that minimizes risk), financial data, debt to asset ratio, integrity and reputation in the marketplace
Best Practices-VHI Transport embraces the Transportation Intermediaries Association (TIA) Platinum Performance Program (P3), a contractual best practices agreement to achieve a higher level of customer service and conduct business using common terms and conditions. P3 brings a new level of trust and performance to broker/motor carrier relationship.
PROFESSIONAL REFERENCES
1‑Transport Clearings East, Inc. Vernon Whetzel 704 527 1820
2‑Barr Nunn Transportion, Missy,515 438 2231
3‑Carpet Transport, Jack Harris 404 432 1400
OUR PEOPLE
*President & Preparer of this Information David A. Gee
Who We Are
To our clients and friends, a snap shot of WHO WE ARE!
We move refrigerated freight from the Northeast to the Southwest and West Coast via refrigerated rail cars, we built our own software to manage over 500 containers, track them and put them on a barge, we handle specialized equipment needs of the U.S. Government, we move high valued cargo for a large pharmaceutical company with tracking needs, we have our own trailers that we drop for a large beverage company and we are excellent at the “just in time” demand spot shipment that no one else wants to handle.
Virginia Hiway, Inc. (now VHI Transport) was established on May 1, 1977 and has the reputation as being one of the most progressive, honorable and knowledgeable transportation brokerage firms in the country. In 2009 we were named the Broker of the year by the National Association of Small Trucking Companies.
We have belonged and participated in many organizations such as The Law and Logistics Council, the Richmond and Virginia Chamber of Commerce and the Richmond, Va. Transportation Co. The company has the distinction of receiving the highest possible rating given by Dun & Bradstreet. NASTC ranks the company in the top 1% of the industry while Redbook gives the company the highest ratings in all measurable classifications. Other recognitions include:
- Charter member of Good Golden Broker Program
- Approved member of Compu Net’s Gold Book list
- Approval by several motor carriers and shippers as the only broker used by their company
- VHI Transport has been a member of the Transportation Intermediaries Association (TIA) since 1984.
- CEO David E. Gee, CTB has served as president of TIA, the professional organization of the $80 billion third party logistics industry.
- Certified Transportation Broker: Certificate #15, has been held for 30 years.
- VHI Transport is a member of Intermodal Association of North America. (IANA)
- VHI holds a Best Broker rating in the National Association of Small Trucking Companies (NASTC).
VHI Transport
4525 Lee Street
Chester, VA 23831
Dispatch Toll Free: (800) 807-7317
Dispatch Local: (804) 414-1570
Accounting, Management (804) 414-1589
MC # 172093
SCAC..VAHI
EIN, TIN or Federal ID..54-1046451
Surety: $100,000 surety bond as part of a Guaranteed Payment Plan (GPP).
To qualify for the GPP, VHI had to:
- Be a member of the Transportation Intermediaries Association (TIA)-(We have been a member for more than 20 years)
- Participate in TIA’s P3 program, a contractual best practices program-(VHI was one of the first participants since its inception)
- Secure a $100,000 surety bond (through Avalon Risk Management)
- Pass a means test that covers years in business, credit worthiness, existing insurance (that minimizes risk), financial data, debt to asset ratio, integrity and reputation in the marketplace
Financial Recognitions
- Dunn & Bradstreet Rating: 3A1. D&B #08-413-4451
- Red Book Credit Services: A1, the highest rating possible.
- NASTC ranks the company in the top 1% of the industry
- Charter member of Metro Factors’ “Good as Gold” Program, call 214-363-4557
- CompuNet Credit Services: A Gold Book Broker, recognized as being in the top 8% of transportation intermediaries in the United States, call 888-269-2237
- Nacomco, Inc: Platinum Certified Broker.
- TransCredit: A perfect score of “100”.
Bank: Sun Trust, contact Brian Andress, 804-782-5962
Accountant: Todd Ofslager, 804 897 3420
Air Cargo Security-The STA is a Security Threat Assessment conducted by the Transportation Security Administration TSA for participants in the supply chain for cargo delivered to airports. VHI Transport employees have received their STA numbers. Receiving these STA numbers is evidence of VHI Transport’s commitment to aviation security and to serving all of our customer’s needs.
Small Business
Virginia…VHI Transport has been certified by the Department of Minority Business Enterprise as a small business vendor in the Small, Women, and Minority (SWaM) Vendor Directory.
Small Business Administration-VHI Transport qualifies as a small business. The SBA does not issue certificates or maintain lists (except for certain designations) establishing the eligibility of firms as small businesses.
NAICS North American Industry Classification System-VHI Transport qualifies as a small business under Code 488510 Freight Transportation Arrangement
Insurance- VHI has the following policies typically in place.
Commercial General Liability, Errors and Omissions, Excess Umbrella Policy, Workers Compensation and Employers Liability:Contingent Cargo, NON FORM FOLLOWING, Errors and Omissions: $100,000 Surety Insurance, Account Receivable Insurance, Commercial General Liability. Our Agent for these policies is: Avalon Risk Management, 978-740-567784
84 Wharf Street, Salem, MA 01970
Guaranteed Pay Program-VHI Transport is proud to be one of the first companies to provide a $100,000 surety bond as part of our customer assurance plan. The bond is provided as part of a Guaranteed Payment Plan (GPP) arranged by a national organization. VHIwas one of the first six firms in the country to be approved for participation – an extremely elite group indeed.
Best Practices-VHI Transport embraces the Transportation Intermediaries Association (TIA) Platinum Performance Program (P3), a contractual best practices agreement to achieve a higher level of customer service and conduct business using common terms and conditions. P3 brings a new level of trust and performance to broker/motor carrier relationship.
Carrier Payment terms-Carrier Fast Pay-VHI Transport pays carriers three times monthly, on the 10th, the 20th, and the 30th of the month. We also have a fast pay or factor service available.
Carrier Sign Up Information
Carrier Sign up information
New Carriers:
There will be one person that you will work with to insure that the process of signing up as an approved carrier for VHI Transport, Inc. will be as efficient as possible.
We have put complete instructions, along with all download forms that we need, plus what you may need from us in our CARRIER PACKET. Please go there next, and thanks for wanting to join our family of motor carriers.
Best,
Operations, VHI Transport, Inc.
Certifications and Credentials
Certifications and Credentials
TWIC… The Transportation Worker Identification Credential (TWIC) program is a Transportation Security Administration and U.S. Coast Guard initiative. The TWIC program provides a tamper-resistant biometric credential to maritime workers requiring unescorted access to secure areas of port facilities, outer continental shelf facilities, and vessels. An estimated 750,000 individuals will require TWICs. To obtain a TWIC, an individual must provide biographic and biometric information such as fingerprints, sit for a digital photograph and successfully pass a security threat assessment conducted by TSA. VHI Transport’s employees do not need a TWIC card.
Hazardous Materials Certification – VHI Transport uses carriers who are HazMat certified and have HazMat certified drivers.
Canada PIP (Partners in Protection) Program
FAST (Free and Secure Trade) expedited clearance-Canada
CSA (Customs Self Assessment) certified by the CCRA (Canada Customs and Revenue Agency)
ACE U.S. Customs and Border Protection (CBP) requires the mandatory use of the Automated Commercial Environment (ACE) to transmit advance electronic truck cargo manifests at certain land border ports of entry effective January 25, 2007. Truck carriers entering the United States through ports of entry in the states of Washington and Arizona, and North Dakota, will be required to file electronic truck manifests through ACE.
Motor Carrier Contract
CONTRACT FOR TRANSPORTATION OF PROPERTY
Between
A MOTOR CARRIER BROKER, VHI TRANSPORT
And
A MOTOR CONTRACT CARRIER, NAMED BELOW
This Agreement is entered into this ___ day of______, 20__, by and between Virginia Hiway, Inc. dba VHITransport ("BROKER"), a Registered Property Broker, Lic. No. MC-172093 and _______________________________________, a Registered Motor Carrier, Permit/Certificate No. DOT-________ ("CARRIER"); collectively, the "Parties". ("Registered" means operated under authority issued by the Federal Motor Carrier Safety Administration (or its predecessors) within the U.S. Department of Transportation.)
1. CARRIER REPRESENTS AND WARRANTS THAT IT:
A. Is a Registered Motor Carrier of Property authorized to provide transportation of property under contracts with shippers and receivers and/or brokers of general commodities;
B. Shall transport the property, under its own operating authority and subject to the terms of this Agreement;
C. Makes the representations herein for the purpose of inducing BROKER to enter into this Agreement;
D. 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.
E. Will not re-broker, assign or interline the shipments hereunder, without prior written consent of BROKER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER. Upon BROKER’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. In addition to the indemnity obligation in Par 1.H CARRIER will be liable for consequential damages for violation of this Paragraph.
F. Is in, and shall maintain compliance during the term of this Agreement, with all applicable federal, state and local laws relating to the provision of its services including, but not limited to: transportation of Hazardous Materials, if applicable, (including the licensing and training of drivers), as defined in 49 C.F.R. §172.800, §173, and §397 et seq. to the extent that any shipments hereunder constitute Hazardous Materials; security regulations; owner/operator lease regulations; loading and securement of freight regulations; implementation and maintenance of driver safety regulations including, but not limited to, hiring, controlled substances, and hours of service regulations; sanitation, temperature, and contamination requirements for transporting food, perishable, and other products, qualification and licensing and training of drivers; implementation and maintenance of equipment safety regulations; maintenance and control of the means and method of transportation including, but not limited to, performance of its
G. CARRIER will notify BROKER immediately if its federal Operating Authority is revoked, suspended or rendered inactive for any reason; and/or if it is sold, or if there is a change in control of ownership, and/or any insurance required hereunder is threatened to be or is terminated, cancelled, suspended, or revoked for any reason.
H. Subject to the express monetary insurance limits in Par 3.D as to CARRIER, and BROKER’S monetary insurance limits for public liability, $1,000,000, and property damage or such other amounts as mutually agreed by the Parties in writing, CARRIER shall defend, indemnify and hold BROKER and its shipper customer harmless from any claims, actions or damages, arising out of its performance under this Agreement, including cargo loss and damage, theft, delay, damage to property, and personal injury or death, and BROKER shall defend, indemnify, and hold CARRIER harmless from any claims, actions, or damages, including cargo loss and damage, theft, delay, damage to property, personal injury or death, arising out of its performance hereunder. Neither Party shall be liable to the other for any claims, actions or damages due to the negligence of the other Party, or the shipper. The obligation to defend shall include all costs of defense as they accrue.
I. Except for Carrier’s liability under Par 1.E, unless otherwise agreed in writing, and regardless of whether the Parties insurance as referred to in sub par (h) above, is valid or provides coverage, the Parties indemnity obligations shall not exceed the monetary insurance limits referred to in sub par (h).
J. Does not have an “Unsatisfactory” safety rating issued by the Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation, and will notify BROKER in writing immediately if its safety rating is changed to “Unsatisfactory” or “Conditional”.
K. Authorizes BROKER to invoice Carrier’s freight charges to shipper, consignee, or third parties responsible for payment.
L. Has investigated, monitors, and agrees to conduct business hereunder based on the credit-worthiness of BROKER and is granting BROKER credit terms accordingly.
2. BROKER RESPONSIBILITIES:
A. SHIPMENTS, BILLING & RATES: BROKER agrees to solicit and obtain freight transportation business for CARRIER to the mutual benefit of CARRIER and BROKER, and shall offer CARRIER at least three (3) loads/shipments annually. BROKER shall inform CARRIER of (a) place of origin and destination of all shipments; and (b) if applicable, any special shipping instructions or special equipment requirements, of which BROKER has been timely notified.
B. BROKER agrees to conduct all billing services to shippers. CARRIER shall invoice BROKER for its (CARRIER’s) charges, as mutually agreed in writing, by fax, or by electronic means, contained in BROKER’s Load Confirmation Sheet(s) incorporated herein
by reference and issued with all transactions. Additional rates for truckload or LTL shipments, or modifications or amendments of the above rates, or additional rates, may be established to meet changing market conditions, shipper requirements, BROKER requirements, and/or specific shipping schedules as mutually agreed upon, and shall be confirmed in writing (or by fax) by both Parties. Any such additional, modified, or amended rates, changes in rates shall automatically be incorporated through transaction addendums sent to the carrier for each and every shipment. Such addendums shall also contain specific instructions governing that shipment.
C. RATES: Additionally, any rates, which may be verbally agreed upon, shall be deemed confirmed in writing where CARRIER has billed the agreed rate and BROKER has paid it. All written confirmations of rates, including confirmations by billing and payment, shall be incorporated herein by reference as part of Exhibit A, Amendment 1, et seq. Rates or charges, including but not limited to stop-offs, detention, loading or unloading, fuel surcharges, or other accessorial charges, released rates or values, or tariff rules or circulars, shall only be valid when specifically agreed to in a signed writing by the Parties. . If Broker pays the freight invoice in a reduced amount, such amount shall constitute the agreed rate, unless Carrier indicates to the contrary to Broker within sixty (60) days of its receipt of payment.
PAYMENT:
D. The Parties agree that BROKER is the sole party responsible for payment of CARRIER's charges. Failure of BROKER to collect payment from its customer shall not exonerate BROKER of its obligation to pay CARRIER. BROKER agrees to pay CARRIER's invoice within Ten working days, unless other arrangements are agreed to, and upon receipt of the bill of lading or proof of delivery, provided CARRIER is not in default under the terms of this Agreement. If BROKER has not paid CARRIER's invoice as agreed, and CARRIER has complied with the terms of this Agreement, CARRIER may seek payment from the Shipper or other party responsible for payment after giving BROKER 10 (business days) advance written notice. CARRIER shall not seek payment from Shipper if Shipper can prove payment to BROKER. CARRIER must forward all paper work to the Broker within 7 days, and sooner, if possible from the delivery. CARRIER agrees to forfeit all charges on the line haul rate should he bill Broker’s customer instead of the BROKER.
E. Payment and other disputes are subject to the terms of Par 4.D, which provides in part that prevailing parties are entitled to recovery of costs, expenses and reasonable attorney fees.
F. BOND: BROKER shall maintain a surety bond /trust fund as agreed to in the minimum amount of Ten Thousand Dollars and or as on file with the Federal Motor Carrier Safety Administration (FMCSA) in the form and amount not less than that required by that agency’s regulations.
G. BROKER will notify CARRIER prior to the offering of any freight, should its federal Operating Authority be revoked, suspended or rendered inactive for any reason; and/or if it is sold, or if there is a change in control of ownership, and/or any insurance required hereunder is threatened to be or is terminated, cancelled, suspended, or revoked for any reason.
3. CARRIER RESPONSIBILITIES:
A. EQUIPMENT: Subject to its representations and warranties in Paragraph 1 above, CARRIER agrees to provide the necessary equipment and qualified personnel for completion of the transportation services required for BROKER and/or its customers. CARRIER will not supply equipment that has been used to transport hazardous wastes, solid or liquid, or any truck that has hauled garbage at any time, regardless of whether they meet the definition in 40 C.F.R. §261.1 et. seq. CARRIER agrees that all shipments will be transported and delivered with reasonable dispatch, or as otherwise agreed in writing.
B. BILLS OF LADING: CARRIER shall issue a bill of lading in compliance with 49 U.S.C. §80101 et seq., 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become fully responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded, regardless of whether a bill of lading has been issued, and/or signed, and/or delivered to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the consignee signs the bill of lading or delivery receipt. Any terms of the bill of lading (including but not limited to payment terms) inconsistent with the terms of this Agreement shall be controlled by the terms of this Agreement. Failure to issue a bill of lading, or sign a bill of lading acknowledging receipt of the cargo, by CARRIER, shall not affect the liability of CARRIER.
LOSS & DAMAGE CLAIMS:
C. CARRIER shall comply with 49 C.F.R. §370.1 et seq. and any amendments and/or any other applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and salvage and
D. Carrier’s liability for any cargo damage, loss, or theft from any cause shall be determined under the Carmack Amendment, 49 U.S.C. §14706; and:
E. Special Damages: Carriers indemnification liability for freight loss and damage claims under these provisions shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by CARRIER, and which shall not be limited by any liability of CARRIER under sub par above.
E. Except as provided above, neither Party shall be liable to the other for consequential damages without prior written notification of the risk of loss and its approximate financial amount, and agreement to assume such responsibility in writing.
F. Notwithstanding the terms of 49 CFR 370.9,CARRIER shall pay, decline or make settlement offer in writing on all cargo loss or damage claims within Thirty calendar days of receipt of the claim. Failure of CARRIER to pay, decline or offer settlement within this Thirty day period shall be deemed admission by CARRIER of full liability for the amount claimed and a material breach of this Agreement and to allow the Broker to offset against any clear obligation of the carrier.
G. Carrier’s liability for cargo damage, loss, or theft from any cause for any one shipment, shall not exceed the full value of the shipment. If Broker is aware of time critical shipments it will notify the CARRIER of such. Failure to deliver timely could cause the CARRIER additional monies for claims.
H. CARRIER shall be solely responsible for the cargo shipped from the time Shipper releases it to Carrier until it is delivered and received by Consignee. Carrier shall be liable for any loss, damage, delay, claim or theft of the cargo. Carrier gives offset rights to the Broker if legitimate claims are not paid timely. Carrier also assumes the liability of a motor carrier as provided in Title 49 of the United States Code and the US Code of Federal Regulations.
INSURANCE:
I. CARRIER shall furnish BROKER with Certificate(s) of Insurance, or insurance policies providing thirty (30) days advance written notice of cancellation or termination, and unless otherwise agreed, subject to the following minimum limits: Public liability $ 1,000,000; motor vehicle (including hired and non-owned vehicles), property damage, and personal injury liability $1,000,000 ($2,000,000) if transporting hazardous materials including environmental damages due to release or discharge of hazardous substances); cargo damage/loss, at full value, workers’ compensation with limits required by law. Except for the higher coverage limits which may be specified above, the insurance policies shall comply with minimum requirements of the Federal Motor Carrier Safety Administration and any other applicable regulatory state agency. Nothing in this Agreement shall be construed to avoid CARRIERS liability due to any exclusion or deductible in any insurance policy.
J. ASSIGNMENT OF RIGHTS: CARRIER automatically assigns to BROKER all its rights to collect freight charges from Shipper or any responsible third party on receipt of payment from BROKER.
4. MISCELLANEOUS:
A. INDEPENDENT CONTRACTOR: It is understood and agreed that the relationship between BROKER and CARRIER is that of independent contractor and that no employer/employee relationship exists, or is intended. BROKER has no control of any kind over CARRIER, including but not limited to routing of freight, and nothing contained herein shall be construed to be inconsistent with this provision.
B. NON-EXCLUSIVE AGREEMENT: CARRIER and BROKER acknowledge and agree that this contract does not bind the respective Parties to exclusive services to each other. Either party may enter into similar agreements with other carriers, brokers, or freight forwarders.
WAIVER OF PROVISIONS:
C. Failure of either Party to enforce a breach or waiver of any provision or term of this Agreement shall not be deemed to constitute a waiver of any subsequent failure or breach, and shall not affect or limit the right of either Party to thereafter enforce such a term or provision.
D. This Agreement is for specified services pursuant to 49 U.S.C. §14101(b). To the extent that terms and conditions herein are inconsistent with Part (b), Subtitle IV, of Title 49 U.S.C. (ICC Termination Act of 1995), the Parties expressly waive any
or all rights and remedies they may have under the Act.
DISPUTES:
E. In the event of a dispute arising out of this Agreement, including but not limited to Federal or State statutory claims, the Party's sole recourse (except as provided below) shall be to arbitration. Proceedings shall be conducted under the rules of the (select one): ___, Transportation Arbitration and Mediation PLLC (TAM), ___ American Arbitration Association (AAA), ___ Transportation ADR Council, Inc. (ADR), ___ DRC (Fruit and Vegetable Dispute Resolution Corp) for fresh produce related claims, upon mutual agreement of the Parties, or if no agreement, then at BROKER’s sole discretion. Arbitration proceedings shall be started within eighteen (18) months from the date of delivery or scheduled date of delivery of the freight, whichever is later. Upon agreement of the Parties, arbitration proceedings may be conducted outside of the administrative control of the TAM, AAA, ADR, or DRC. The decision of the arbitrators shall be binding and final and the award of the arbitrator may be entered as just. If no block is selected, Broker shall make a choice when applicable and Carrier agrees to such. The parties agree that this agreement was entered in the City of Richmond, State of Virginia, which shall have jurisdiction and venue for any litigation arising from this agreement. Carrier agrees to pay all Broker’s costs of enforcing this agreement including its attorney’s fees.
NO BACK SOLICITATION:
F. Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments for a period of 24 month(s) following termination of this agreement for any reason, from any shipper, consignor, consignee, or other customer of BROKER, when such shipments of shipper customers were first tendered to CARRIER by BROKER.
(OPTIONAL)
G. In the event of breach of this provision, BROKER shall be entitled, for a period of 24 months following delivery of the last shipment transported by CARRIER under this Agreement, to a commission of Fifteen percent (15%) of the gross transportation revenue (as evidenced by freight bills) received by CARRIER for the transportation of said freight as liquidated damages. Additionally, BROKER may seek injunctive relief and in the event it is successful, CARRIER shall be liable for all costs and expenses incurred by BROKER, including, but not limited to, reasonable attorney's fees.
CONFIDENTIALITY:
H. In addition to Confidential Information protected by law, statutory or otherwise, the Parties agree that all of their financial information and that of their customers, including but not limited to freight and brokerage rates, amounts received for brokerage services, amounts of freight charges collected, freight volume requirements, as well as personal customer information, customer shipping or other logistics requirements shared or learned between the Parties and their customers, shall be treated
as Confidential, and shall not be disclosed or used for any reason without prior written consent.
I. In the event of violation of this Confidentiality paragraph, the Parties agree that the remedy at law, including monetary damages, may be inadequate and that the Parties shall be entitled, in addition to any other remedy they may have, to an injunction restraining the violating Party from further violation of this Agreement in which case the prevailing Party shall be liable for all costs and expenses incurred, including but not limited to reasonable attorney’s fees.
J. The limitations of liability for cargo loss and damage as well as other liabilities, arising out of the transportation of shipments, which originate outside the United States of America, may be subject to the laws of the country of origination.
K. MODIFICATION OF AGREEMENT: This Agreement and any and all addendums, including the load confirmation addendum,. attached may not be amended, except by mutual written agreement, or the procedures set forth above.
L. NOTICES: All notices provided or required by this Agreement, shall be made in writing and delivered, return receipt requested, to the addresses shown herein with postage prepaid; or by confirmed (electronically acknowledged on paper) fax.
M. THE PARTIES shall promptly notify each other of any claim that is asserted against either of them by anyone arising out of the Parties performance of this Agreement.
N Notices sent as required hereunder, to the addresses shown in this Agreement shall be deemed sent to the correct address, unless the Parties are notified in writing of any changes in address.
O. CONTRACT TERM: The term of this Agreement shall be one year from the date hereof and thereafter it shall automatically be renewed for successive one (1) year periods, unless terminated, upon thirty (30) day's prior written notice, with or without cause, by either Party at any time, including the initial term. In the event of termination of this Agreement for any reason, the Parties shall be obligated to complete performance of any work in progress in accordance with the terms of this Agreement.
P. SEVERANCE: SURVIVAL: In the event any of the terms of this Agreement are determined to be invalid or unenforceable, no other terms shall be affected and the unaffected terms shall remain valid and enforceable as written. The representations, rights
and obligations of the parties hereunder shall survive termination of this Agreement for any reason.
Q. COUNTERPARTS: This Agreement may be executed in any number of counterparts each of which shall be deemed to be a duplicate original hereof.
R. FAX CONSENT: The Parties to this Agreement are authorized to fax to each other at the numbers shown herein, (or otherwise modified in writing from time to time) shipment availabilities, equipment and rate promotions, or any advertisements of new services.
S. ENTIRE AGREEMENT: Except for any Addendums and or amendments, and unless otherwise agreed in writing, this Agreement contains the entire understanding of the Parties and supersedes all verbal or written prior agreements, arrangements, and understandings of the Parties relating to the subject matter stated herein. The Parties further intend that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence may be introduced to reform this Agreement in any judicial or arbitration proceeding involving this Agreement.
The signor of this agreement represents that he or she has authority to do so in behalf of the party.
Carrier:____________________________ Broker: Virginia Hiway Inc. Inc.
DBA VHI Transport, Inc.
Address:___________________________ 4525 Lee St. __________________________________ Chester, Va. 23831
By:________________________ By:____________________ Title:_____________________
Title:_____________________________
Federal I.D. #_______________________ Federal I.D. # 54-1046451
Motor Carrier #_____________________ Motor Carrier # 172093
Email Address: Email Address
Contract Motor Carrier Master March 2008
The VHI Transport Team is a family of full service transportation managers and logistics specialists. For over 33 years, VHI has been known as a leader in the industry because we do things that make a difference for our customers and agents nationwide.