Transportation Agreement Between Carrier and Shipper

General Form of Agreement between Carrier and Shipper – Transportation Agreement

Agreement made on the , between , a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Carrier, and , a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Shipper.

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. Transportation of Goods

For the consideration described in this Agreement, Carrier shall ship the following described goods from Shipper at to (the Consignee), at :

2. Time of Pickup and Delivery

The date and time of pickup requested by Shipper is at . Shipper's preferred arrival date is . Although Carrier transports all shipments with reasonable dispatch, Carrier cannot operate on a set schedule. If delivery cannot be made within the period set forth, however, Carrier will notify Shipper when delivery can be expected.

Carrier shall, on pickup of the goods, issue bills of lading for such goods.

3. Storage Service

Storage may be ordered by Shipper at any time from pickup to delivery. Except where the storage service ordered is in transit, Carrier shall issue its standard warehouse receipt. That receipt shall then supersede this Agreement, unless objected to by Shipper within days of mailing of the receipt. A charge will be made for warehouse labor in and out of regular storage and for wrapping, packing, and accessorial service. Storage is authorized in any warehouse of Carrier. Shipper authorizes Carrier, at Carrier's option, to place the goods in storage at destination in the event delivery cannot be made on arrival and authorizes the advancing of any dock or other charge made by any warehouseman for the account of Shipper. Shipper further authorizes the advancing of any additional charges for storage, handling, and transportation that accrue if the goods are not accepted at destination.

4. Limitation of Liability

The released value of the goods to be transported is specifically stated by Shipper to be $ per pound per article. The rates quoted in this Agreement are based on such agreed or released value, and Carrier's liability is limited accordingly. Protection against loss or damage exceeding Carrier's liability under this Agreement may be secured, if desired, by obtaining additional insurance coverage through Carrier.

5. Insurance

Notwithstanding the declaration of value in Section 4, Shipper declares the total actual value of the entire lot of goods to be $, and requests that Carrier obtain insurance coverage for such amount at the rate of $, per $, for a total protection charge of $. Shipper warrants that the amount declared in this Agreement is the full actual value of the goods. If the actual value of the entire lot is in excess of the amount so declared, Shipper shall be regarded as being Shipper's own insurer to the extent of the difference, and Shipper shall bear that proportion of any loss that the undeclared amount bears to the actual value of the goods.

6. Charges

Charges shall be assessed at the following rates per pound per article:

A. Transportation: $ (dollar amount of transportation rate per pound).

B. Pickup: $ (dollar amount of pickup rate per pound).

C. Delivery: $ (dollar amount of delivery rate per pound).

D. Storage: $ (dollar amount of storage rate per pound).

E. (List rates for other services.)

Other charges are as follows: (description of other charges)

All charges are payable at the time of delivery in cash, money order, or certified check, unless other arrangements are made in advance with Carrier.

7. Carrier’s Lien

Carrier shall have a general lien on any and all goods now or subsequently delivered to or deposited with Carrier by Shipper for all charges for transportation, storage, preservation of the goods, and the performance of other services. Such lien shall also extend to such goods for all lawful claims for money advanced, interest, insurance, labor, and other charges in relation to such goods or any part of them; for all charges and expenses for notice and advertisement of sale and for sale of the goods where there has been a default in satisfying Shipper's obligations under this Agreement; and for all court costs and reasonable attorney's fees in collecting such charges or enforcing such lien or in defending itself in the event that it is made party to any litigation concerning the goods while they are in its possession. Carrier may bring suit for delinquent charges without first foreclosing its lien.

8. Ownership of Goods

Shipper represents and warrants that Shipper is lawfully possessed of the described goods and has the authority to ship and/or store such goods in accordance with the terms of this Agreement. Shipper shall indemnify Carrier in the event of any adverse claim or in the event Carrier is made a party to any litigation by reason of having the goods, or any portion of the goods, transported or stored, and shall pay attorney's fees and court costs, if any, incurred in connection with such litigation.

9. Governmental Regulation

Carrier's transportation services are subject to governmental regulations. The rates, rules, and regulations of govern the services to be performed pursuant to this Agreement. The tariff governing this Agreement is .

10. Change of Address

Shipper shall promptly provide Carrier with notice in writing if any of the addresses provided in this Agreement are changed.

11. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

12. 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.

13. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

14. Notices

Unless provided herein to the contrary, 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.

15. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

16. 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.

17. 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.

18. 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.

19. 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.

20. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

21. Compliance with Laws

In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

WITNESS our signatures as of the day and date first above stated.