Logistics Agreement

This Logistics Agreement is entered into between ______, a _(STATE)__ company whose principal place of business is ______( hereinafter referred to as “Shipper”) and KTI Logistics, LLC, a Georgia Company whose principal place of business is 3794 Hwy. 411, Rydal, GA 30171 (hereinafter referred to as “KTI” or “Broker”) (collectively referred to as “the Parties”).

Recitals

WHEREAS, ______has certain transportation needs which can be met through the services of for-hire motor carriers; and

WHEREAS, KTI is a licensed property broker at Docket No. 45579 authorized to arrange for such services utilizing licensed, authorized and insured contact carriers under contract with Broker; and

WHEREAS, Shipper’s service needs are generally set forth in the Motor Carrier Transportation Agreement attached hereto as Appendix A and incorporated by reference;

NOW, THEREFORE, the Parties agree as follows:

For the compensation agreed to herein, Broker shall arrange for and shall compensate licensed, authorized and qualified carriers under contract with it to perform services which meet the requirements of Shipper as set forth in Appendix A.

  1. ______agrees to compensate Broker for services performed in accordance with the Schedule of Truckload Rates and Charges attached as Exhibit 1 to Appendix A and incorporated by reference herein. Such rates and charges shall only be changed and modified by subsequent signed written agreement of the parties.
  1. Broker agrees to Comply with all terms and conditions of ______freight payable service agent as set forth in Paragraph 1 of Appendix A and payment to Broker for services rendered shall be in accordance with the payment terms set forth therein without offset or deduction.
  1. Broker will ensure that the carriers it retains meet the service requirements set forth in Paragraph 2 of the Appendix A.
  1. Broker warrants that its contracting carriers will accept liability for cargo loss or damage subject to general principles of federal transportation law (49 U.S.C. 14706) and Shipper’s service requirements set forth in Paragraph 3 subject to a maximum liability of $100,000 per truckload shipment unless otherwise agreed in writing.
  1. Subject to the exercise of reasonable discretion by Shipper, Broker agrees to the terms and conditions imposed upon the salvage of goods and warrants that claims for which its carriers are adjudged liable shall be paid subject to the terms of this Agreement.
  1. Broker warrants that its selected carriers will meet the Compliance with Laws, Ordinances, Rules and Regulations requirements of Paragraph 4 of Appendix A and will maintain insurance of the type specified therein.
  1. Paragraph 4.5 of Appendix A shall be modified to provide that carriers retained by Broker shall not be required to maintain excess liability insurance and that cargo insurance shall be all risk coverage in the amount of not less than $100,000 per occurrence.
  1. Broker will indemnify, defend and hold harmless Shipper to the extent of the indemnity requirements set forth in Paragraph 5.
  1. Broker will transmit its retained carrier the additional shipping requirements set forth in Paragraph 6 of Appendix A and will contractually require that its retained service providers meet Shipper’s contractual obligations.
  1. Paragraph 9.7 of Appendix A shall be modified to provide that this Agreement will be governed by general principles of federal transportation law and the laws of State of ______.
  1. For the convenience of the Parties, disputes resolution of cargo claims may, upon agreement, be held under the auspices of the Transportation Lawyers Association ADR Council.
  1. The other provisions of Appendix A shall apply between the Parties to the extent not modified herein.

(Shipper Name)KTI Logistics, LLC

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