Professional Documents
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A OK TRANSPORT INC
(Company Name)
312 S HARPER AVE,
(Street)
GLENWOOD IL 60425
(City) (State) (Zip Code)
A OK TRANSPORT INC
(Company Name)
312 S HARPER AVE,
(Street)
GLENWOOD IL 60425
(City) (State) (Zip Code)
1059445
Federal Id #: 37-1951586 MC Number:
Phone #: Fax:
Carrier Payment Preference
Please indicate which of the following payment terms you would like to be set up with. Your selection will
remain as your permanent payment term until we, West Michigan Transport, LLC. (WMT) are notified in
writing that you would like your term changed.
Invoicing:
• Email: Invoices, Receipts, BOL’s, NOA’s & Releases to accounting@westmichigantransport.com
• Paper Copy submissions:
West Michigan Transport
PO Box 18
Zeeland, MI. 49464
Payment Options - Please Select One of the Following Payment Options (X):
10 Day – A 2% service charge will be deducted from the gross truck rate and will be sent out
within 10 days by mail.
28 days – No Fees – check mailed within 28 days of WMT receiving the paperwork.
ACH Quick Pay - 5% service charge – A 5% service charge will be deducted from the gross
truck rate and payment will be Deposited into your account on the next business day.
o Bank Name_____________________________________
o Account Name__________________________________
o Routing________________________________________
o Account Number________________________________
o Account Type: Checking______ Savings______
o Remittance Email: _______________________________
o If available, please provide a voided check.
REFERENCES
**All carriers are required to submit 3 current references (Brokers or Shippers)**
WHEREAS, BROKER is duly registered with the FMCSA as a property transportation broker;
V. Assignment / Subcontracting
a. CARRIER will not assign, re-broker, or subcontract, any performance under this
Agreement, 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 and/or subcontractor 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 obligations of this Agreement,
CARRIER will be liable for consequential damages, costs, expenses, and reasonable
attorney fees for violation of this Paragraph V.
VIII. Insurance
a. BROKER shall at all times maintain a surety bond in an amount no less than that required
by the FMCSA.
b. CARRIER shall maintain insurance providing thirty (30) days advance written notice of
cancellation or termination, and unless otherwise agreed, subject to the following
minimum limits, unless higher minimum limits are required by law or regulation:
i. General Liability: $1,000,000;
ii. Commercial auto, commercial motor vehicle, or motor truck liability insurance
(including hired and non-owned vehicles): $1,000,000;
iii. Cargo damage / loss: $100,000;
iv. Workers’ compensation: as required by law.
c. Nothing in this Agreement shall be construed to avoid CARRIER’s liability due to any
exclusion or deductible of any insurance policy or to limit CARRIER’s liability for
contribution and/or indemnification and defense of BROKER, or to reduce the amount
paid to BROKER as settlement of any claim.
d. Cargo coverage must be ALL Risk Cargo Insurance Coverage in an amount not less than
$100,000 per occurrence. The coverage provided under the policy shall have no exclusions
or restrictions of any type that would foreseeably preclude coverage relating to cargo
claims of shipments arranged under this Agreement.
e. If the commodity being hauled is refrigerated, refrigeration breakdown coverage will be
provided and the CARRIER will honor and abide by the servicing requirements set forth in
the insurance policy or endorsement.
f. If the commodity being hauled is on a flatbed or similar open conveyance, there shall be
no exclusion for wetness, rust corrosion, or moisture.
g. CARRIER shall automatically furnish to BROKER certificates from CARRIER’s insurers
evidencing such coverage as required under this Agreement and automatically provide a
current certificate to BROKER promptly upon expiration of the last-provided certificate.
h. The limitations of liability for cargo loss and damage as well as other liabilities arising out
of the transportation of shipments that originate outside the United States of America
may be subject to the laws of the country of origination.
i. Upon request, CARRIER’s cargo policies shall name specific shippers or BROKER as “Loss
Payee.”
j. Coverage shall remain in effect beyond the termination of this Agreement relative to any
services provided while this Agreement was in effect.
IX. Non-Exclusivity
a. 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 and/or brokers.
X. No Back Solicitation
a. Unless otherwise agreed in writing, CARRIER shall not directly or indirectly solicit, divert,
back-solicit or perform any freight transportation (with or without compensation) for any
customer of BROKER, when such customer(s) was serviced as a result of this Agreement.
Transportation of freight hereunder by CARRIER shall be deemed conclusive evidence of
CARRIER’s transportation service to BROKER’s customers.
b. In the event of breach of this provision, BROKER shall be entitled, for a period of 18
months following delivery of the last shipment transported by CARRIER under this
Agreement to liquidated damages in the amount of 15% of the gross transportation
revenue received by CARRIER for the transportation of said freight. Additionally, BROKER
may seek injunctive relief and, in the event BROKER is successful, CARRIER shall be liable
for all costs and expenses incurred by BROKER, including, but not limited to, reasonable
attorney’s fees.
XI. Miscellaneous
a. Waiver of Provisions: 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. No waiver of any right, power, or privilege hereunder shall be
binding upon any Party unless in writing and signed by or on behalf of the Party against
which the waiver is asserted.
b. Default: In the event of a breach by CARRIER of any provisions of this Agreement, BROKER
shall have the right to withhold and/or set off any payments owing to CARRIER and/or
received from shippers which BROKER is obligated to pay CARRIER. BROKER’s set-off rights
include (but are not limited to) the amount of any freight damage, loss or theft claims
arising out of the transportation of freight under this Agreement by CARRIER, and which
are asserted against BROKER by shippers, consignees and/or their assignees and/or
subrogees. The right of withholding and/or setoff is not an exclusive remedy and BROKER
shall have and may exercise all other remedies it may have at law or in equity against
CARRIER. In the event of default, the non-defaulting party shall have the right to
terminate this Agreement immediately upon written notice to the other party.
c. Choice of Law: This Agreement and the relationship of the parties shall be construed
according to the laws of the State of Michigan without giving consideration to principles of
conflict of law. The Parties:
i. irrevocably consent to the jurisdiction of the United States District Court and the
State courts of Michigan;
ii. agree that any action relating to the services performed by the Parties under this
Agreement, shall only be brought in said courts;
iii. consent to the exercise of in personam jurisdiction by said courts over it, and
iv. further agree that any action to enforce a judgment may be instituted in any
jurisdiction.
d. Confidentiality:
i. The Parties hereto agree not to disclose information regarding shipments
transported pursuant to this Agreement to any person or entity not named in the
transportation documents. In particular, 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 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 except only to the
extent necessary to complete the transportation of the shipments subject to this
Agreement or as required by law. This provision shall remain in effect for 3 (three)
years following the expiration or cancellation of this Agreement.
ii. In the event of violation of this subparagraph XI(d), 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.
e. Amendment: This Agreement shall not be amended, altered, or modified except in writing
and signed by authorized representatives of both Parties.
f. Notices:
i. 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, or by email
with electronic receipt.
ii. The Parties shall promptly notify each other, in writing, of any claim that is
asserted against either of them, by anyone, arising out of this Agreement.
iii. 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.
g. Contract Term: The term of this Agreement shall be for one (1) year from the date shown
and thereafter it shall automatically be renewed for successive one-year periods, unless
terminated upon 30 days prior written notice with or without cause, by either party at any
time, including the initial term. In the event of such termination, the Parties shall be
obligated to complete their performance obligations to each other for work in progress
and related payments.
h. Severability: 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.
i. Counterparts: This Agreement may be executed in any number of counterparts each of
which shall be deemed to be a duplicate original hereof.
j. Force Majeure: In the event that either Party is prevented from performing its obligations
under this Agreement because of an occurrence beyond its control and arising without its
fault or negligence, including without limitation, war, riots, rebellion, acts of God,
pandemic, acts of lawful authorities, fire, strikes, lockouts or other labor disputes, such
failures to perform shall be excused for the duration of such occurrence. The Party that is
prevented from performing its obligations must take reasonable measures to remove or
mitigate the effects of the applicable cause. The running of all periods of time mentioned
herein and the performance of all obligations required herein shall be suspended during
the continuance of such interruption, and the Party that is prevented from performing its
obligations shall promptly notify the other of such interruption. Such period of suspension
shall not in any way invalidate this Agreement, but on resumption of operations, any
affected performance by such Party shall be resumed. No liability shall be incurred by
either Party for damages resulting from such suspension. Economic hardships, including,
but not limited to, recession and depression, shall not constitute Force Majeure events.
k. Assignment of Rights: Neither Party may assign its rights under this Agreement without
the non-assigning party’s written approval.
l. Entire Agreement: 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.
m. Headings: The headings set forth in this Agreement are for convenience only and shall not
be considered a part of this Agreement nor affect in any way the meaning of the terms
and provisions hereof.
IN WITNESS WHEREOF, we have signed this Agreement the date and year first shown above.
A OK TRANSPORT INC
West Michigan Transport, LLC (BROKER) CARRIER: ___________________________
____________________________________
Title: _______________________________
President