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Membership/Carrier obligations and liabilities
AGREEMENT entered into effective on the date set forth below between eCarsTogo.com Inc. (“Website provider)”with principal offices at Coral Springs, FL and you’re, the new member creating this membership account.
Carrier is engaged in the business of transporting property by motor vehicle, driving, or pulling under its authority as a contract for hire carrier
We the website listing provider desires to avail itself of the listing services and carrier to satisfy the specific and distinct needs of shipper (person or entity list or post item and desires in finding an license carrier to perform the task) in accordance with the provisions of this Agreement and Carrier is willing to provide such services to Shipper.
NOW, THEREFORE, in consideration of the mutual covenants, conditions and agreements set forth herein, the parties agree as follows:
CARRIER’S OPERATING AUTHORITY
Carrier, if regulated by the Department of Transportation (“DOT”) or a state or other government entity, represents that it is authorized by the appropriate regulatory agency thereof, to transport, as a contract carrier, in interstate, intrastate, or foreign commerce, from, to or between all points provided for herein, and to lawfully furnish to Shipper all of the transportation and related services provided for herein.
The initial term of this Agreement shall commence upon the execution hereof and continue open for unlimited time and you the carrier has the full authority to cancel the membership subscription at any time by callings customer services or directly at account dashboard under my profile, also we the data provider has the full authority of cancel your account at any time in cases where Government regulations has falling to maintained bringing a risk to all parties describe above and below, the cost of booking in this data list view is describe as fallow:
(a) First three booking are free of charge
(b) Fourth booking, you the carrier will have a choice of :
(c) $9.99 For each time of booking
(d) 19.99 Monthly for unlimited booking
(e) $199.99 Yearly for unlimited booking
Please be advice (“You the carrier”) that all booking charges are final with no credits to be issue.
ALL SHIPMENTS UNDER CONTRACT
Whether or not Carrier is allowed to operate, or does operate, as a common carrier, each and every shipment tendered to Carrier by Shipper on or after the date of this Agreement shall be subject only to the terms of this Agreement and the provisions of law applicable to contract motor carriage hereunder.
RECEIPTS AND BILLS OF LADING
Carrier shall sign and promptly furnish to Shipper a receipt in a form acceptable to Shipper for each shipment received from Shipper or his designee.
If Shipper elects to use a bill of lading provide by or other form of freight receipt or contract for any shipment, the terms, conditions, or provisions of such bill of lading or other form shall be subject and subordinate to the terms of this Agreement and in the event of a conflict, the provisions of this Agreement shall govern.
Upon delivery of each shipment, Carrier shall prepare and/or obtain a receipt on a form acceptable to Shipper, identifying the goods delivered, the condition of such goods, the location and party receiving the goods, and the date and time of delivery.
Carrier shall comply with all record keeping requirements of Shipper or otherwise imposed by applicable law relating to the services including, but not limited to the provision by Carrier to Shipper of bills of lading (collectively “Manifests”) with respect to all Product loads. In this regard, where Product is delivered to any Outlet on a “split-load” basis (that is, where Product is loaded onto a single transport vehicle but is delivered to more than one Outlet), the Manifest provided by Carrier to Shipper shall describe the specific amount of Product delivered to each Outlet with respect to any such split-load delivery.
Carrier shall furnish sufficient vehicles and accessorial equipment, adequately manned and maintained by it, necessary for the prompt transportation of Shipper’s freight and its delivery without undue delay in a safe, complete and efficient manner in performance of its transportation obligations under this Agreement. The vehicles and accessorial equipment shall be maintained and operated so as to prevent damage or contamination of transported product(s) or other property. Provided, however, that should Shipper’s volume experience temporary increases beyond that contemplated on detail page disclose in list view, Carrier shall be required to provide additional writing and verbally explanation of any additional charges associate in over quantities, (over load/oversize other, no mention in detail list view) or any circumstances circumstance’s presented and not disclosed prior booking.
Carrier, at its sole cost and expense, shall employ for its services hereunder only competent, able and legally licensed personnel.
Carrier agrees at all times to comply with all federal, state and local laws, rules and regulations, applicable to its operations hereunder. Additionally, Carrier operates each location as a “non-segregated Facility” and the following Executive Orders, which are incorporated by reference in this Agreement:
Executive Order 11246, Equal Opportunity (as amended);
Executive Order 11701, Affirmative Action for Disabled and Vietnam Era Veterans;
Executive Order 11758, Affirmative Action for Handicapped Workers.
Carrier shall also file Standard Form 100 with the Office of Federal Contract Compliance or its designated Agency as required. Carrier agrees and covenants that none of its employees that provide service to Shipper pursuant to this Agreement are unauthorized aliens as defined in the Immigration Reform and Control Act of 1986.
Carrier shall comply with all fire, environmental and safety regulations of Shipper or of its consignees applicable to the plants or properties of Shipper or the consignee while Carrier’s equipment is at said location during transit or at points of origin or destination.
Carrier will make deliveries for Shipper in the manner or at times requested or give Shipper notice thereof and the reasons for its inability to make delivery as requested or at the times designated, but [subject to the provisions of Paragraph 5(a)], shall in no way relieve Carrier of liability, if any.
Carrier shall load, transport and deliver safely with professional discretion and courtesy as expected by any natural and legal entitled as describe as a Shipper.
Carrier shall perform the loading, transportation and delivery services (“Services”) in a prompt and efficient manner so as to (i) minimize cost to the customer point of deliver; and agree to perform and maintained specific delivery’s frames as mutually agreed by Shipper and Carrier.
Carrier shall permit Shipper to inspect the contents of Carrier’s transport vehicles, including, insurance, cab card, driver licenses, vehicle registration as part of carrier legitimacy and shipper assurance of certificate US DOT certificate carrier acceptance
Carrier shall notify Shipper immediately of any delay in regards of agree delivery schedule.
Carrier shall immediately stop the delivery of any Product when Carrier either suspects or becomes aware that such Product has been adulterated, or otherwise fails to conform with the requirements of any and all Laws.
Carrier shall perform (subject to reasonable advance notification by Shipper of its transportation and other transportation-related requirements) the Services in accordance with the requirements of Shipper as such requirements may be amended from time to time at the sole discretion of Shipper. Furthermore, where any Terminal is owned, leased, or otherwise controlled in whole or in part by a third party, then Carrier, its employees, agents, representatives and contractors
RATES AND CHARGES
As full compensation for the Services provided by Carrier hereunder, Shipper shall pay Carrier in accordance with the rates, charges and other provisions set forth on list view, offer detail/counteroffer/acceptance , both parties attached hereto and made a part hereof. Shipper shall have the right but not the obligation to offset any indebtedness owed by Carrier to Shipper against any indebtedness owed by Shipper to Carrier, whether arising from the Services under this Contract, or from any other business transaction between Shipper and Carrier, including without limitation amounts owing for transportation services from point “A” as set point of origin and point “B” as set point of destination.
The rates and charges set forth on Appendix B shall be adjusted by Carrier to reflect increases or decreases in the costs of fuel, worker’s compensation insurance and comprehensive general liability or auto liability premiums, as more fully set forth on Appendix C.
CONFIDENTIAL TREATMENT REQUESTED: INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND IS NOTED WITH “[***].” AN UNREDACTED VERSION OF THIS DOCUMENT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Carrier shall not be required to send invoices to Shipper for the Services rendered pursuant hereto. Shipper shall make payment directly to Carrier in accordance with established practices agreed upon between the parties, but the inadvertent failure in one or more instances to make payment in accordance therewith shall not be deemed to be a breach of this Agreement; nor shall any such failure result in any charges hereunder, however derived or determined, higher than the charges that would be applicable in the absence of such failure. Shipper shall pay for Spence’s relates to storage, towing gate fees and other fees relates of holding collateral of falling payment of such provider transport services, as has been disclosed upon pickup by writing and recording mutual agreement as services was tendered.
LICENSES, LAWS AND REGULATIONS
Carrier, at its sole cost and expense, shall procure and maintain all licenses and permits required for the transportation and related services hereunder and shall comply with all applicable law and regulations pertaining thereto.
As used in this Section 9, “Indemnified Parties” shall include, collectively, Shipper, (Person or entity listing freight for transport in our list view’) and carrier (Person or entity soliciting in tender the transport services, know as a carrier”) and both parties will agree and settle any claim REGARDS OF DAMAGES AND FREELY RELIEF OUR FIRM (“eCarsTogo.com. LLC”) and their respective subsidiaries, affiliates, and each of their respective partners, suppliers, terminals, customers, directors, officers, employees and agents of any liability in regards any losses occurs during the transport of any merchandise described as a freight or shipping goods under service classification US Department Of Commerce Guidelines
Indemnity. CARRIER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL FINES, LOSSES, DAMAGES, INJURIES, LIABILITIES AND CLAIMS OF ANY KIND FOR OR RELATING TO ANY INJURY TO OR DEATH OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY EMPLOYEES, AGENTS OR REPRESENTATIVES OF CARRIER OR ANY EMPLOYEES, AGENTS REPRESENTATIVES AND INVITEES OF ANY OF THE INDEMNIFIED PARTIES), OR FOR OR RELATING TO ANY LOSS OF OR DAMAGE TO PROPERTY (INCLUDING LOSS OF USE THEREOF) OR FOR OR RELATING TO ANY ENVIRONMENTAL CONTAMINATION OR POLLUTION OR ARISING DIRECTLY OR INDIRECTLY FROM CARRIER’S FAILURE TO COMPLY WITH ANY OF THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES, COURT COSTS AND COSTS OF INVESTIGATION AND DEFENSE RELATING TO THE FOREGOING, RESULTING OR ARISING DIRECTLY OR INDIRECTLY FROM CARRIER’S PERFORMANCE UNDER THIS AGREEMENT OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO THE OWNERSHIP, OPERATION AND
MAINTENANCE OF CARRIER’S VEHICLES, OR EQUIPMENT USED BY CARRIER AND CARRIER’S EMPLOYEES OR AGENTS, OR WITH RESPECT TO ANY PROPERTY OF ANY OF THE INDEMNIFIED PARTIES, REGARDLESS OF WHETHER ANY OF THE ABOVE ARE ATTRIBUTABLE TO OR ARISE FROM THE JOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT OR RESPONSIBILITY OF ANY OF THE INDEMNIFIED PARTIES OR ANY OTHER PERSON EXCEPT WHERE SUCH FINE, LOSS, DAMAGE, INJURY, LIABILITY OR CLAIM IS THE DIRECT RESULT OF THE WILLFUL MISCONDUCT OR SOLE OR GROSS NEGLIGENCE OF THE PARTY TO BE INDEMNIFIED. IT IS THE EXPRESS INTENTION OF THE PARTIES THAT THE DEFENSE AND INDEMNITY OBLIGATIONS OF CARRIER WITH RESPECT TO THE NEGLIGENCE OF THE INDEMNIFIED PARTIES, IS LIMITED TO THE INSURANCE COMPANY DISCREPCION.
Void or Unenforceable Indemnities; Contribution. In the event that the indemnity set forth in Section 9(b) above with respect to a particular fine, loss, damage, injury, liability or claim (or portions thereof) arising in connection with this Agreement or the performance of this Agreement, is determined to be unenforceable or void under applicable law, then (and only to the extent of such void or unenforceable portions thereof), in addition to any other remedies available to Shipper at law or in equity, Carrier shall defend, protect, indemnify, contribute, hold harmless, and render whole Shipper and the other Indemnified Parties, from and against each such fine, loss, damage, injury, liability or claim and any related cost or expense (including, but not limited to, reasonable attorney’s fees, court costs and other investigation and defense costs) to the extent arising from, attributable to, related to, or connected with the sole, joint or concurrent negligent acts, errors, omissions, strict liability or the willful misconduct of Carrier or any of Carrier’s affiliates, subsidiaries, employees, agents and representatives (collectively, the “Carrier Group”) relating to this Agreement or the performance of this Agreement (but only to the extent of the aggregate proportionate share of the Carrier Group’s sole, joint or concurrent negligent acts, errors, omissions, strict liability or willful misconduct), REGARDLESS OF THE CONCURRING OR CONTRIBUTORY FAULT OR NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT OF SHIPPER OR ANY OF THE OTHER INDEMNIFIED PARTIES, THE CARRIER GROUP OR ANY OTHER PERSON OR PARTY.
Liability Insurance. During the term hereof, Carrier agrees to procure and maintain liability insurance in not less than the minimum amounts, minimum limits and minimum coverage’s required to be carried by Carrier in Section 10 below to support its indemnity obligations set forth in this Agreement; PROVIDED HOWEVER, THAT TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, SUCH INSURANCE LIMITS ARE NOT INTENDED TO LIMIT THE INDEMNITY OBLIGATIONS ASSUMED HEREUNDER.
Survival. This indemnification provision shall survive the cancellation, termination or expiration of this Agreement.
SCHEDULE OF INSURANCE COVERAGES
Without any way limiting Carrier’s defense and indemnity obligation under Section 9 or elsewhere in this Agreement, and in addition to any other insurance requirements and obligations under this Agreement, Carrier shall procure and maintain at Carrier’s own expense during the term hereof the following minimum amounts, minimum limits and minimum coverage’s of insurance, together with all other insurance that may be required under the laws and regulations of any governmental authority with respect to Carrier’s operations in connection with this Agreement:
A certificate of insurance shall be provided to the Indemnities at least 01 days prior to work commencing and or requested by the shipper or how was described at the job request in tools provide at the list view in your account. The certificate must be on Acord Form 25. A valid certificate shall be maintained on file with the Indemnities for the job duration and for the applicable two year period following acceptance of contractors work. All insurance policies shall be written with an insurance company rated A-IV or better by A.M. Best, with an insurance company licensed to write business in the State of Texas, and on a policy form acceptable to the Owner. Upon request, Carrier shall furnish Shipper with a copy of each policy.
FREIGHT LOSS OR DAMAGE
For loss, damage, injury or delay of any shipment hereunder while in the custody, possession or control of Carrier, Carrier hereby assumes the liability of a motor common carrier as provided in Section 11707 of Title 49 of the United States Code Annotated in effect on the date of this Agreement.
If any shipment hereunder or any part thereof is lost, damaged or destroyed, Carrier shall pay to Shipper the cost of the goods lost, damaged or destroyed.
Shipper shall submit to Carrier a written claim for loss of or damage to any shipment within ten (10) days after delivery of such shipment or in the case of failure to make delivery, after a reasonable time for such delivery has elapsed.
Shipper shall not be required to file any action at law to recover for loss or damage to any shipment earlier than two (1) years after Carrier has furnished Shipper with a written denial of its claim whether in whole or in part.
The provisions of this Section shall survive the cancellation, termination or expiration of this Agreement.
OVERCHARGES AND UNDERCHARGES
Any action by Carrier to recover undercharges hereunder, or by Shipper to recover overcharges hereunder, shall be commenced not more than sixty (60) days after Carrier’s receipt of the shipment with respect to which such undercharge or overcharge is claimed due.
The provision of this Section shall survive the cancellation, termination or expiration of this Agreement.
The parties shall be excused from performance of this Agreement and shall not be liable for loss or damage where the loss or damage is caused by delay or failure to perform due to fire, riots, strikes, labor disputes, acts of God, governmental acts or regulations, delays of other carriers, or other matters, where all the foregoing is beyond the control of the parties to this Agreement, contractors, or material suppliers. In the event Carrier cannot make deliveries in the manner or at the times requested, it shall give Shipper reasonable notice thereof and the reasons for its inability to make delivery as requested or at the times requested. During the period that Carrier is hindered or prevented from performing its transportation services hereunder by reason of the causes listed in this Section, Shipper shall be free to contract with other carriers for the transportation of its freight.
Each party and its fully authorized representative shall have access to accounting records and documents relating to this Agreement which shall be maintained for at least three (1) years after termination hereof for purposes of auditing such records at any reasonable time or times during the term hereof and up to three (3) years following termination.
It is expressly agreed that Carrier is acting hereunder solely as an independent contractor and that all persons performing services for Carrier shall be deemed agents, servants or employees of Carrier and that none of such persons shall be deemed agents, servants or employees of Shipper.
Carrier may not disclose to any third party any shipment information hereunder without Shipper’s written consent; Shipper shall not disclose to any third party, other than Shipper’s affiliates, attorneys or lenders, the terms, conditions or rates contained in this Agreement without Carrier’s written consent.
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Best regards. eCarsTogo.com and AAAmoveCars.com team.
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