Independent Contractor Agreement (Page 9 of 16) in pdf

11.3

Subcontractor agrees to cooperate with Contractor and/or the shipper to resolve cargo

claims as quickly as possible, including those caused by Subcontractor’s contractor. If Subcontractor

disputes liability for damage or loss, Subcontractor shall have the right to take all lawful action to seek

payment or indemnification for such loss or damage. Subcontractor agrees that, in the event Contractor

or its customer is held liable for any loss or damage to cargo caused by Subcontractor, Contractor

and/or its customer shall have the right to recover such amount from Subcontractor.

1 2 .

R E C O R D S

12.1

Subcontractor agrees to prepare and maintain all documentation necessary to operate

as a motor carrier in the state or states in which Contractor operates, including maintaining hours of

service logs, maintenance and inspection logs, manifests and driver logs.

12.2

Similarly , Contractor shall prepare and maintain all documentation required by law

regarding its relationship with Subcontractor and, in cases involving a Leased Vehicle (as required under

the DOT regulations), all manifests, documents pertaining to loss and damage claims, and all other

papers and records regarding the use of the Leased Vehicle.

12.3

Contractor and Subcontractor mutually agree to provide to each other copies of any

document required to be maintained under this Agreement within a reasonable period of time

following a written request.

1 3 .

INF OR MA TION EXCH AN G E

13.1

The parties understand that in today’s information age, a critical component of

‐

delivery services is the customer’s ability to access near real

time information regarding the cargo being

transported. Therefore, in addition to the delivery services Subcontractor agrees to perform under

this Agreement, Subcontractor also agrees to furnish the following information if requested by the

shipper: pickup/delivery time, interim status of package in transit, the recipient’s identity and the

recipient’s signature .

13.2

Subcontractor may communicate this information to Contractor or its customer using

any communication equipment compatible with Contractor’s or its customer’s system. Contractor

and/or its customer shall provide all necessary specifications to enable Subcontractor to determine

compatibility of its communications equipment before services are to be performed pursuant to this

Agreement.

1 4 .

E N T I R E A G R E E M E N T

14.1

This Agreement shall constitute the entire Agreement between the parties and shall

supercede any other or oral agreements between the parties with respect to the subject matter hereof.

The terms and provisions of all Appendices attached hereto and executed by the parties shall be fully

incorporated into this Agreement by this reference. This Agreement may not be altered or amended

except by a writing signed by both parties.

14.2

This Agreement may not be assigned by either party without written consent of the

other and shall be binding upon the parties hereto, including their heirs and successors.

Independent Contractor Agreement Page 9

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