Carrier Setup Packet Delta Express PDF
Carrier Setup Packet Delta Express PDF
Delta Express Inc welcomes your interest in becoming an approved carrier for
us. We are confident that you will find us an easy company to do business with.
To be qualified to carry freight for us, the following documents must be returned:
Company profile
Business References
Please note that we will be requesting to be listed as Certificate Holder so that we are
able to properly monitor any changes to your insurance policy.
Please list the following as a certificate holder for the above insured.
PAYMENT POLICY
Payment is released 30 days from when the invoice and all required paperwork
have been received.
Required paperwork:
‑ Clear, legible, signed Proof Of Delivery
‑ Signed rate confirmation
‑ Carrier invoice
‑ All applicable receipts
Please send all paperwork within 24 hours after of delivery date to:
Fuel Advance:
Delta Express also offers fuel advances up to $500 after load pickup. A copy of BOL is
mandatory. The fee for this transaction is 4%, with a $25 minimum.
Please check if you authorize Delta Express to provide TCheck Express Codes to your
drivers at a 4% fee with a $25 minimum _____
Quick Pay:
Quick pay is offered at 4% charge, with payment being released within 48 hours of
receipt of Invoice, Proof of Delivery and Rate confirmation. A check will be mailed to the
billing address that is provided in the completed Carrier Packet.
Emergency # _________________________________
boostlogistics@deliveryman.com
E‑mail: ______________________________________
References:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Equipment:
Signature: ______________________________________________
Daniel Kerrs
Full Name: ______________________________________________
Owner
Title: ___________________________________________________
9/9/21
Date: ______________________
DELTA EXPRESS, INC
BROKERCARRIER AGREEMENT
RECITALS
AGREEMENT
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limitation, costs and expenses of all CARRIER’s transportation equipment, its
maintenance, and those persons who operate it.
In providing services, CARRIER represents and warrants that the driver(s) utilized
are competent and properly licensed, and are fully informed of their responsibilities for
the protection and care of the involved commodities.
2. Subcontract prohibition. CARRIER will not reBROKER, subBROKER, sub
contract, assign or interline any shipments hereunder. BROKER may verify with shipper
and/or consignee the name and Permit/Certificate Number of the truck that picks up and
delivers any shipment accepted by CARRIER hereunder. Without limiting the foregoing,
the CARRIER shall ensure that such name and Permit/Certificate Number are set forth
in the bill of lading relating to such shipment. 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, and in such event, CARRIER
shall waive and relinquish all rights to such payment. Notwithstanding BROKER’s
payment to the delivering CARRIER, CARRIER shall not be released from any liability
to BROKER under this Agreement, including but not limited to, liability for
consequential, special, indirect or incidental damages.
3. Compliance. Compliance with Applicable Laws and Regulation. CARRIER
warrants that (1) it is legally qualified to perform the contemplated transportation, (2) it
does not have a “conditional” or “unsatisfactory” FMCSA safety rating, (3) maintains all
applicable statutory and regulatory required insurance, and (4) it shall immediately notify
BROKER in writing of any adverse change in its safety rating or any suspension or
revocation of its operation authorities. CARRIER agrees to comply with all applicable
provisions of any international, federal, provincial, state and/or local law, rules and
regulations. Without limiting the foregoing, CARRIER shall, at CARRIER’s expense,
comply with all laws, rules and regulations (including, obtaining all permits and licenses)
which are required for CARRIER to provide BROKER the transportation and related
services under this Agreement. CARRIER agrees not to accept a shipment from
BROKER if that shipment would require CARRIER or any of its employees, agents or
permitted subcontractors to exceed or violate any speed or safety law, rule or
regulation.
4. Insurance. CARRIER, at CARRIER’s expense, shall maintain during the term of
this Agreement commercial automobile liability insurance for the benefit of BROKER
and Customer, covering all vehicles however owned or used by CARRIER to transport
BROKER’s shipments and property damage arising out of CARRIER transportation
under this Agreement, with minimum limits of not less than $1,000,000 (one million) per
occurrence for personal injury (including death) and property damage, cargo liability
insurance with minimum limits of not less than $100,000 (one hundred thousand) per
shipment, and if requested by BROKER, commercial general liability insurance of One
millions dollars ($1,000,000) per occurrence. CARRIER agrees to defend, indemnify
and hold harmless BROKER from all loses, damages, fines, expenses, attorney’s fees,
actions or claims for injury to persons, including death, which BROKER may incur
arising out of this contract. CARRIER shall provide certificates of insurance for each of
these coverages, which certificates shall provide BROKER notice of the cancellation of
the abovereferenced policies and give BROKER status as a certificate holder.
CARRIER’S liability shall not be limited by the amount of insurance required by this
Agreement, and CARRIER remains fully liable for any loss for which it is otherwise
liable by law. CARRIER has the right to reject any load whose value it believes exceeds
its available insurance coverage. BROKER and shipper have no duty to inform
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CARRIER of the value of loads transported by CARRIER pursuant to this Agreement. In
the event CARRIER fails to maintain insurance as required by this Agreement,
BROKER may terminate this Agreement immediately. The CARRIER shall also
maintain any insurance overages required by any government body including worker’s
compensation (if applicable) for the types of transportation and related services
specified. If CARRIER fails to maintain such insurance, BROKER may do so and
charge CARRIER for such cost and offset in accordance with this Agreement.
5. Performance of Services. CARRIER agrees to meet BROKER’s distinct transit
and pricing requirements agreed to by the parties from time to time after the Effective
Date as confirmed by the BROKER’s issuance of a Tender sheet, Prenote, Rate
Confirmation, Bill of Lading, Proof of Delivery or other load tender document that
BROKER may use from time to time.
Additional service requirements of CARRIER are as follows:
CARRIER shall transport BROKER’s shipments without delay. CARRIER shall
immediately notify BROKER of any likelihood of delay. CARRIER shall transport all
freight tendered by BROKER only on equipment operated under CARRIER’s
authority.
CARRIER shall comply with all of BROKER’s reasonable shipping instructions
communicated to CARRIER, and to comply with all applicable provisions of any
provincial, federal, state and/or local law or ordinance and all lawful orders, rules and
regulations issued there under.
CARRIER shall obtain from the consignee a complete, signed delivery receipt for
each shipment, and it shall notify BROKER immediately of any exception on any
document. CARRIER shall send BROKER delivery receipts and bills of lading within
twentyfour (24) hours of delivery, as BROKER directs.
If BROKER requests CARRIER to transport any shipment required to be
placarded under DOT rules as a hazardous material, the additional provisions in
Appendix A, including additional insurance requirements, shall apply for each such
shipment.
Documents for each of BROKER’s shipments shall name BROKER as
“BROKER” and CARRIER as “CARRIER”. If there is a wrongly worded document,
the parties will treat it as if it showed BROKER and “BROKER” and CARRIER as
“CARRIER”. If there is a conflict between this Agreement and any transportation
document related to BROKER’s shipment, this Agreement shall govern.
CARRIER is responsible for ensuring that all freight is properly blocked and
braced for transportation to allow for the safe and damagefree delivery of the goods
and to
avoid damage to other property.
CARRIER is responsible to determine that the goods being shipped are in
apparent good order and condition, to the extent that such is ascertainable through a
visual
examination of the exterior of the goods shipped, before loading and, in the event
that they are not, CARRIER will contact BROKER for further instructions.
CARRIER is prohibited from supplying equipment that has been used to transport
hazardous wastes, solid or liquid, regardless of whether these substances are defined
in 40 C.F.R. § 261.1 et seq. For hazardous materials shipments, CARRIER will comply
with all applicable federal, state, and local laws and regulations, including, but not
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limited to, 49 C.F.R. § 172.800, § 173, and § 397 et seq. CARRIER must give priority to
compliance with all such laws and regulations and must not interpret any request or
communication from any employee or agent of BROKER, shipper, consignor, or
BROKER’s customer(s) to authorize, directly or by implication, CARRIER to deviate
from any law or regulation applicable to CARRIER’s operations as a motor CARRIER.
Any directions or instructions given by BROKER to CARRIER for the transportation of
the freight shall be for information and convenience only, and CARRIER retains full
control of the transportation of freight assigned to it under this Agreement.
6. Rate confirmation. Rates shall be as set forth on any Load Confirmation(s) that is
issued and that supplements and amends this Agreement to the extent its terms conflict
with those in this Agreement. This Agreement also governs all assessorial services
which may be required or performed. CARRIER shall not bill for any accessorial or other
charge not approved in this Agreement or in any Load Confirmation(s). Rates may be
amended orally but must be confirmed in writing within five working days of the
modification in order to remain binding between the PARTIES. BROKER shall make
payment to CARRIER within thirty days of receipt of the shipping documents from
CARRIER. BROKER has no obligation to pay CARRIER prior to receipt of shipping
documents specified in this Agreement or when shipping documents specified in this
Agreement are not provided by CARRIER to BROKER within thirty days after the
shipment date. BROKER is permitted to offset against charges owed to CARRIER for
7. Loss, damage or delay. CARRIER agrees that its liability for cargo loss or
damage shall be that of a Motor CARRIER as provided for in 49 USC §14706 (the
Carmack Amendment), except as is otherwise provided by this Agreement. Where a
seal is placed on a trailer by consignor, shipper, CARRIER or other party, CARRIER is
responsible to maintain the seal intact until removed by an authorized employee of
consignee upon delivery. CARRIER is liable for any and all claims, losses, or liabilities
arising from or as a result of any unauthorized removal of seal, broken seal, missing
seal, tampered seal, or mismatched seal number. CARRIER is solely responsible for
ensuring that cargo is maintained according to any requirements stated on the bill of
lading or load confirmation. CARRIER shall be liable for full actual loss of cargo, and
any limitation on this liability contained in any tariff, contract, bill of lading, or other
document shall be void and ineffective. Exclusions in CARRIER’s insurance coverage
shall not relieve CARRIER from any liability. 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, except as is otherwise provided by this
Agreement. CARRIER waives the right to salvage for damaged freight and understands
and agrees that the shipper may choose to destroy damaged goods rather than allowing
them to reach the consumer market in damaged condition. In the event that damaged
goods are returned to BROKER’s customer and salvaged by Customer, CARRIER shall
receive a credit for the actual salvage value of such goods. CARRIER also agrees to be
liable for incidental and consequential damages for delay in delivery, including any
stoppage in production caused by the delay. CARRIER’s indemnification liability for
freight loss and damage claims, when determined, 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 provisions of any other provision herein.
8. Hostage Loads. For purposes of this Agreement “hostage loads” is defined as
the CARRIER refusing to immediately release shipper’s freight upon demand or
otherwise exerting unauthorized control over freight, refusal to deliver a load at the
scheduled time and place of delivery, refusing to provide BROKER with information on
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the location of shipper’s freight or refusing to deliver, or failure to release or produce
such freight. In the event that CARRIER does hold freight hostage, CARRIER agrees to
pay BROKER $5,000.00 for each day that freight is held. CARRIER agrees that such
amount constitutes reasonable liquidated damages for damage to BROKER’s reputation
with the shipper and/or others. BROKER shall be entitled to all other available or
alternative remedies at law or equity in the case of hostage loads.
9. Payment. BROKER authorizes CARRIER to invoice BROKER for services
provided by the CARRIER. CARRIER agrees that BROKER is the sole party
responsible for payment of its invoices and that, under no circumstances, will CARRIER
seek payment from the shipper, consignee and BROKER’s customer(s). CARRIER
waives any right under any federal, state, or local law to collect freight charges or other
amounts from shipper, consignee, and BROKER’s customer(s). BROKER agrees to pay
CARRIER in full all properly invoiced amounts regardless of any failure of payment by
BROKER’s customer. If CARRIER wishes to have invoices paid to a factoring company,
CARRIER must provide notification via certified letter to be received by BROKER before
such payments may be redirected. CARRIER agrees to indemnify BROKER from any
liability for failure to pay any factoring company for any failure of CARRIER to adhere to
this section. CARRIER and any affiliates of CARRIER (including factoring companies)
may not report open invoices to credit bureaus until at least 30 days after invoices and
proof of delivery are received by BROKER. CARRIER may not report past due invoices
to credit bureaus if any payment disputes with BROKER arise out of an alleged breach
by CARRIER of this Agreement.
10. NO BACK SOLICITATION. Unless otherwise agreed in writing, CARRIER shall
not knowingly solicit freight shipments (or accept shipments) for a period of 12 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. In the event of breach of this provision,
BROKER shall be entitled, for a period of 60 months following delivery of the last
shipment transported by CARRIER under this Agreement, to a commission of 20
percent (20%) 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.
11. Confidentiality. 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.
12. Indemnification. Without regard to the insurance limits in Section 4, CARRIER
shall defend, indemnify and hold BROKER harmless against any claims, actions or
damages, including, but not limited to claims for or related to personal injury (including
death), to any person including CARRIER employees, subcontractors, and contractors
cargo loss, damage, or delay, and payment of rates and/or accessorial charges to
CARRIERs, arising out of CARRIER’s performance under this Agreement, including but
not limited to the actions of any driver, employee, contractor, subCARRIER,
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owner/operator, or other agent of CARRIER or party performing any of CARRIER’s
obligations under this Agreement, or CARRIER’s failure to obtain insurance as required
by this Agreement. The obligation to defend shall include all costs of defense as they
accrue, including reasonable attorney’s fees.
13. Assignment/modification. This Agreement may not be assigned or transferred in
whole or in part and supersedes all other agreements as well as all tariffs, rates,
classifications and schedules published, filed or otherwise maintained by either Party.
This Agreement shall be binding upon and inure to the benefit of the Parties hereto.
14. Severability. In the event that the operation of any portion of this Agreement
results in a violation of any law, or any provision is determined by a court of
competent jurisdiction to be invalid or unenforceable, the Parties agree that such
portion or provision shall be severable and that the remaining provisions of the
Agreement shall continue in full force and effect. The representations and
obligations of the PARTIES shall survive the termination of this Agreement for any
reason.
15. Nonwaiver. Failure of either party to insist upon performance of any of the
terms, conditions or provisions of this Agreement, or to exercise any right or privilege
herein, or the waiver of any breach of any of the terms, conditions or provisions of
this Agreement, shall not be construed as thereafter waiving any such terms,
conditions, provisions, rights or privileges, but the same shall continue and remain in
full force and effect as if no forbearance or waiver had occurred, and no course of
performance or course of dealing between the parties shall thereby arise.
16. Force Majeure. Neither Party shall be liable to the other for failure to perform
any of its obligations under this Agreement during any time in which such
performance is prevented by fire, flood, or other natural disaster, war, embargo, riot,
civil disobedience, or the intervention of any government authority, or any other
cause outside of the reasonable control of the CARRIER or BROKER, provided that
the Party so prevented uses its best efforts to perform under this Agreement and
provided further, that such Party provide reasonable notice to the other Party of such
inability to perform.
17. Choice of law and venue. All questions concerning the construction,
interpretation, validity, and enforceability of this Agreement, as well as the
substantive rights and duties of the parties to this Agreement, whether in a court of
law or in arbitration, shall be governed by and construed and enforced in accordance
with the laws of the State of North Carolina without giving effect to any choice or
conflict of law provision or rule that would cause the laws of any other jurisdiction to
apply. Both parties represent that they are subject to and hereby irrevocably submit
to exclusive jurisdiction of any court with jurisdiction to include Candler, North
Carolina, in connection with any suit, action, or proceeding arising out of or relating
to this Agreement and irrevocably agree that all claims and counterclaims of
CARRIER or BROKER in respect to any such suit, action or proceeding will be
heard or determined only in any such court. In any legal action brought to enforce
any right or duty under this Agreement or to recover damages for breach of this
Agreement, the prevailing party shall be awarded reasonable attorney’s fees and
costs.
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18. Entire agreement. This Agreement and the documents incorporated herein
by reference constitute 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.
19. Term. The term of this agreement shall be for one year and shall
automatically renew for successive one year periods; provided, however, that this
agreement may be terminated at any time by giving a 30 days prior written notice.
Notice will be mailed certified return receipt requested by US mail only. BROKER will
not pay invoices received from CARRIER without the above mentioned items. It is
the CARRIER’s responsibility to provide this information in a timely fashion.
CARRIER will not be the paid until the BROKER is paid without exception. Attention
to all of the above will expedite this process.
BROKER CARRIER