Transportation Switch Truck

TRANSPORTATION SWITCH TRUCK AGREEMENT

This Transportation Switch Truck Agreement ("Agreement") is entered into on by and between Client Name: with principal address (hereinafter "Client"), and Carrier Name: with principal address (hereinafter "Carrier").

RECITALS

WHEREAS, Carrier is engaged in the business of providing switch truck services, including but not limited to moving trailers, containers, and chassis within terminals, yards, and intermodal facilities; and

WHEREAS, Client requires prompt, safe and regulated switch truck services for its operations and desires to engage Carrier to provide such services subject to the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend by this Agreement to set forth the scope of work, compensation, insurance and liability allocations, and procedures for scheduling and performance.

SCOPE OF WORK

Carrier shall provide switch truck services as requested by Client and accepted by Carrier, which may include spotting, drayage within terminal limits, trailer moves, container moves, hook/unhook services, and related labor. Carrier's obligations include furnishing qualified drivers, properly maintained equipment, necessary fuel and lubrication, and compliance with applicable operational and safety rules established by the Client's facility.

PAYMENT TERMS

Client shall pay Carrier for services rendered in accordance with the rates and schedule set forth below. All charges are exclusive of applicable taxes unless otherwise stated.

Carrier shall submit itemized invoices including date of service, location, number of moves, and applicable reference numbers. Client may withhold payment for amounts reasonably disputed in good faith; undisputed amounts remain payable according to the payment schedule.

TERM AND TERMINATION

This Agreement shall commence on Start Date: and shall continue until End Date: unless earlier terminated in accordance with this Section.

Either party may terminate for material breach if the breaching party fails to cure within thirty (30) days after written notice. Termination shall not relieve Client of payment for services performed through the effective date of termination or for any non-cancellable obligations incurred by Carrier in good faith.

INSURANCE, LIABILITY AND INDEMNIFICATION

Carrier shall maintain at its expense commercial automobile liability insurance, cargo liability, and workers' compensation insurance in amounts customary for the industry and sufficient to cover liabilities arising from Carrier's performance under this Agreement. Minimum limits: Automobile Liability: ; Cargo: .

Carrier shall be liable for loss or damage to cargo resulting from its negligent acts or omissions and shall indemnify, defend and hold Client harmless from third-party claims arising out of Carrier's performance, except to the extent caused by Client's negligence or willful misconduct.

CONFIDENTIALITY

Each party may disclose Confidential Information to the other in connection with the performance of this Agreement. "Confidential Information" includes non-public business information, pricing, traffic volumes, routing instructions, customer lists and operational procedures. Receiving party shall keep Confidential Information confidential and shall not use it except to perform under this Agreement. Confidentiality obligations shall not apply to information that is generally available to the public other than by breach of this Agreement or that is required to be disclosed by law, in which case the disclosing party shall provide prompt notice to the other party.

COMPLIANCE WITH LAWS

Carrier shall comply with all applicable federal, state and local laws, regulations and facility rules governing motor carriers, including licensing, hours-of-service, cargo securement, and hazardous materials handling when applicable. Carrier shall maintain required permits and qualifications for its drivers and equipment.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of laws principles. Venue for any action arising out of this Agreement shall be the state or federal courts located in the county of the governing state's principal jurisdiction, unless otherwise mutually agreed in writing.

ENTIRE AGREEMENT

This Agreement, together with any written attachments or schedules executed by the parties, constitutes the entire agreement between Client and Carrier concerning the subject matter hereof and supersedes all prior agreements, proposals or representations, whether written or oral. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

NOTICES

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