Transportation Services Oxygen Transportation

TRANSPORTATION SERVICES AGREEMENT — OXYGEN TRANSPORTATION

This Transportation Services Agreement (the Agreement) is entered into as of (Effective Date), by and between:

RECITALS

WHEREAS, Provider is duly qualified and equipped to transport oxygen in compressed gas cylinders, cryogenic liquid containers, and related equipment in accordance with applicable safety standards, and maintains trained personnel, appropriate vehicles and insurance to perform such transportation;

WHEREAS, Client requires specialized transportation services for oxygen supply, including pick-up, secure transport, and delivery to designated facilities identified in this Agreement; and

WHEREAS, the parties wish to set forth the terms, responsibilities, and compensation relating to Provider’s transportation of oxygen and associated equipment.

SCOPE OF WORK

Provider shall perform transportation services for oxygen and related equipment as described below. Provider shall be responsible for securing loads, maintaining chain of custody documentation, and delivering in a timely and safe manner to the delivery location specified by Client.

PAYMENT TERMS

Client shall pay Provider for services performed as follows. All payments shall be made in U.S. dollars unless otherwise agreed in writing.

Late payments shall incur interest at per month on the unpaid balance, or the maximum rate permitted by law, whichever is less. Client shall also be responsible for collection costs and reasonable attorney fees.

TERM AND TERMINATION

This Agreement commences on and continues until unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon days' prior written notice. Either party may terminate for material breach if the breaching party fails to cure the breach within ten (10) days of written notice specifying the breach, or immediately for breaches that present an immediate danger to safety or property.

CONFIDENTIALITY

Each party shall treat as confidential all non-public information received from the other party in connection with this Agreement, including transport manifests, chain of custody records, customer lists, pricing, and operational protocols (Confidential Information). Confidential Information shall not be disclosed to third parties except to employees, contractors, insurers or regulatory authorities with a need to know, or as required by law. Confidentiality obligations survive termination for a period of three (3) years.

INSURANCE, COMPLIANCE, AND SAFETY

Provider shall maintain commercial automobile liability, cargo, and general liability insurance with limits adequate for the operations contemplated by this Agreement and shall name Client as an additional insured when requested. Provider shall carry all licenses, permits, and certifications required to transport oxygen and shall operate vehicles and equipment in accordance with applicable safety laws and industry standards.

DELIVERY, DOCUMENTATION, AND INCIDENTS

Provider will deliver oxygen to the delivery address and obtain an authorized signature upon delivery. Provider shall maintain and provide chain of custody and delivery manifests, including cylinder/container serial numbers and condition at time of pickup and delivery. Provider shall notify Client promptly of any incident, loss, damage, spillage, release or regulatory inspection affecting shipments and shall cooperate in any investigation.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Provider shall indemnify and hold harmless Client from and against claims, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from Provider’s negligence, willful misconduct, or breach of this Agreement in performing transportation services. Client shall indemnify Provider for claims arising from Client-supplied materials or instructions that are defective or incomplete.

Except for indemnification obligations and willful misconduct, neither party shall be liable to the other for consequential, incidental, special or punitive damages. The parties' aggregate liability for claims arising out of this Agreement shall not exceed the greater of amounts actually paid to Provider under this Agreement in the prior six (6) months or the limits of Provider's applicable insurance coverage.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict of laws principles. The parties shall attempt to resolve disputes in good faith prior to initiating litigation.

ENTIRE AGREEMENT

This Agreement, including any attachments and written change orders signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral or written agreements. Any modification must be in writing and signed by authorized representatives of both parties.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the contact information listed above or as updated in writing by either party. Notice is effective upon receipt.

Sign Now