Fill and Sign the Agreement Trucking Form

Agreement between Shipper and Carrier (Trucking Company) to Transport Products Agreement made on the ______________________________ (date) , between __________________________________________ (Name of Shipper) , a corporation organized and existing under the laws of the state of __________________, with its principal office located at ____________________________________________________________________________ __________________________________ (street address, city, county, state, zip code) , referred to herein as Shipper , and ________________________________________ (Name of Carrier or Trucking Company) , a corporation organized and existing under the laws of the state of ___________________, with its principal office located at ______________________________ ______________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Carrier . Whereas, Shipper is engaged in the business of (briefly describe) __________________ __________________________________________________________________________; and Whereas, Shipper desires to contract with Carrier for the transportation of its products (hereinafter called the Products ); and Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. On or before ____________________________ (date) Carrier shall promptly transport certain Products from Shipper’s place of business at the address set forth above to ___________ __________________________________ (location) . All loading and unloading of Products shall be done by Carrier at Carrier’s sole expense. Products are to be loaded on or before ___________________________ (date) and delivered and unloaded at ____________________ _______________________________________________ (address of destination) on or before ____________________________ (date) . An inventory of the Products to be shipped is set forth in Exhibit A . 2. Receipts Carrier shall give the appropriate receipt to Shippers and shall furnish Shipper with copies of such receipts. Furthermore, Carrier shall take receipts, in duplicate, from all consignees for shipments delivered and give copies of such receipts to Shipper . Shipper shall give receipts to Carrier on delivery of all Products by Carrier to Shipper , and Carrier shall give receipt to Shipper for all Products delivered to Carrier by Shipper . All receipts given or taken under this section shall be on forms prescribed by Shipper and shall carry notations as to the apparent condition of the Products at the time of receipt or delivery, if such Products is in other than good condition. 3. Deliveries of Products Shipped on Bills of Lading Subject to instructions from Shipper , no deliveries of Products shipped on order bills, or on straight bills of lading subject to delivery orders, shall be made by Carrier until after the original order bills of lading or the delivery orders, properly indorsed, have been surrendered to Carrier . Carrier shall promptly deliver to Shipper all such original bills of lading and delivery orders, properly indorsed, that are surrendered by consignees on delivery of Products handled under this Agreement. 4. Collections A. I f requested by Shipper so to do, Carrier shall collect and pay to Shipper 's agent, on the same day collected, whenever feasible, but in no event later than noon of the next succeeding business day, all charges on inbound Products and all charges from consignors on outbound Products billed prepaid. Carrier shall furnish receipts for any sums so collected on forms and in the manner prescribed by Shipper . Should Carrier be unable to make such collections on inbound Products , Carrier shall return the shipment to Shipper at the point designated by Shipper 's agent and receipt shall be given to Carrier for the same. Both parties will initial below if this is being requested by Shipper. __________ _________ Carrier Shipper B. All collections shall be made in cash unless otherwise authorized in writing by Shipper . Carrier shall in no case be liable for the payment of checks, or other noncash collections, that are accepted by Carrier under such written authorization. C . If Carrier violates the provisions of this section, Carrier shall be directly responsible to Shipper for the Products charges involved in such collection or collections, and Shipper will deduct such charges from any amounts due Carrier for Carrier 's services as provided in this Agreement. Shipper need not exhaust Shipper 's remedies against the person or persons primarily liable for such Products charges. 5. Loss or Damage to Products Carrier 's liability for loss or damage to Products handled under this Agreement, while in Carrier 's possession, shall be that of an insurer, and the records of Shipper as to the condition of Products when received by Shipper from Carrier or when delivered by Shipper to Carrier shall be conclusive as between the parties. Such Products shall be deemed to be in Carrier 's possession until its delivery to and acceptance by Shipper or by the consignee as evidenced by the giving or taking of the receipts provided for in this agreement. 6. Indemnity Carrier shall indemnify Shipper against any and all loss, damage, cost, and expense, including attorney's fees, that may be suffered or incurred by Shipper , or by any person or persons, firm, association, or corporation, resulting from any of the following: A. Injury to or death of persons, including Carrier or Carrier 's employees, or loss or destruction of, or damage or delay to, Products, including the conversion of Products, caused by or resulting in any manner from any acts or omissions, negligent or otherwise, of Carrier or of any of Carrier 's agents, servants, or employees in performing or failing to perform any of the services or duties to be performed by Carrier under this Agreement. B . The issuance of any false or fraudulent bills of lading or delivery orders or the giving or receiving of any false or fraudulent receipts or delivery orders for any Products or for Products charges whether by Carrier or by any of Carrier 's agents or employees. C. Failure of Carrier , or any of Carrier 's agents or employees, to make collections and remittances to Shipper as provided in this Agreement or to take up and deliver to Shipper order bills of lading or delivery orders as provided in this Agreement. D. Theft, embezzlement, or defalcation by Carrier or by any of Carrier 's agents or employees. Carrier shall comply strictly with all laws, rules, regulations, and ordinances, state, federal, or municipal, that are applicable to the operations and service to be performed by Carrier under this Agreement, and shall indemnify Shipper against all liability for any failure or default by Carrier in this respect. 7. Compensation For the transportation and delivery of Products , and for the services incidental to such transportation and delivery, as provided in this Agreement, Shipper shall pay to Carrier as follows (rate of compensation) _______________________________. Actual weights as shown by Shipper 's records shall furnish the basis of payments under this Agreement. All payments due Carrier shall be made not later than the ______day of each calendar month for the business transacted during the next previous month. 8. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 9. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ___________________________. 10. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 11 . Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 12. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 13. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 14. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. WITNESS our signatures as of the day and date first above stated. _______________________________ _______________________________ (Name of Shipper) (Name of Carrier) By: ____________________________ By: _____________________________ (P rinted or typed name) (P rinted or typed name) _______________________________ _________________________________ _______________________________ _________________________________ (Name and Office in Corporation) (Name and Office in Corporation)