Owner Op Long Form Application

Owner Operator Long Form Application

For Fleet Owners as well as the owner operator

Whether you are single truck owner operator or a fleet owner with multiple trucks this form is for you.  Please fill this out as complete as possible so that we can get your truck on the road making revenue for you and your drivers. Please contact us should you have any questions.

    CUSTOM SERVICES LLC INDEPENDENT CONTRACTOR AGREEMENT 2020 This Agreement (the “Agreement”) is made and entered on,, by and between CUSTOM
    SERVICES LLC., PO Box 71263 Madison Heights MI 48071,(“CARRIER”) and (“CONTRACTOR”)

    CARRIER is a licensed transportation motor carrier that controls the transportation of freight under its contractual arrangements with various consignors and consignees (the “Customer”);
    CONTRACTOR is qualified, competent and available to provide for the transportation service required by the CARRIER. The Parties agree as follows:

    EQUIPMENT: CONTRACTOR hereby leases to CARRIER the following equipment (LEASED VEHICLE) as described in Schedule B. The CONTRACTOR must have sole ownership of the LEASED VEHICLE or have the right to sub-lease to CARRIER. The CONTRACTOR agrees to provide CARRIER with a copy of the vehicle title/ownership to the CARRIER before signing the Agreement. The CONTRACTOR warrants that the LEASED VEHICLE is in good, clean, safe and efficient operating condition and complies with all applicable regulations and laws of the United States. In order to facilitate the CARRIER's compliance with governmental rules and regulations regarding motor carrier safety, the CONTRACTOR is required to provide to the CARRIER copies of reports of equipment inspections as requested by the CARRIER. CONTRACTOR is solely responsible for inspections of the LEASED VEHICLE and any costs incurred by the CARRIER for the inspections and necessary repairs. If any inspections reveal that the LEASED VEHICLE does not comply with any aspect of United States regulations and laws, the LEASED VEHICLE must be put into operating condition by the CONTRACTOR within a reasonable time prior to further operation so as to fully comply with such regulations or this Agreement shall immediately terminate. During the duration of this Agreement, the LEASED VEHICLE shall be properly and correctly marked in accordance with the requirements of any governmental agency relating to the identification of motor carrier service of the CARRIER. The CARRIER, at its own expense, agrees to furnish necessary identification for the LEASED VEHICLE. The CONTRACTOR agrees to permit the CARRIER to identify the LEASED VEHICLE and display such identification on the LEASED VEHICLE for the duration of this Agreement. If after termination the CONTRACTOR fails to remove from the LEASED VEHICLE the identification markings and carrier authority documents and properties, then the CONTRACTOR shall be deemed to be operating the equipment without the CARRIER's permission and authority and without the CARRIER's insurance coverage. In this instance, the CONTRACTOR assumes all responsibility for insurance coverage and any violations of law and regulations for the CONTRACTOR'S failure to remove the identification markings and for the CONTRACTOR's failure to return the authority documents and properties.

    POSSESSION AND SURRENDER OF EQUIPMENT: CARRIER shall be entitled to possession of the Equipment on the first day of the Lease Term. At the expiration of the Lease Term, CARRIER shall surrender the Equipment to CONTRACTOR. The parties recognize that this Agreement is governed by 49 C.F.R. §376. In order to meet the requirements of that section. and far no other purpose, it is agreed that the LEASED VEHICLE shall be under the exclusive possession, control and use of the CARRIER. This Agreement shall not be construed as vesting in the CARRIER any control or right of control over the LEASED VEHICLE or its drivers beyond that which is incidental to compliance with 49 C.F.R. §376. CONTRACTOR warrants that it possesses the unrestricted right to enter into this Agreement and to render full performance hereunder, including the right to lease the equipment free of any lien or encumbrance that would, in any way, affect the CARRIER's rights under this Agreement.

    COSTS: Except as specifically provided by this Agreement, the CONTRACTOR shall furnish, provide and pay all costs of operation. If the CARRIER is called upon to pay any costs, such payment shall be considered an advance on behalf of the CONTRACTOR and CARRIER is authorized to deduct such payments from any settlement owed to the CONTRACTOR. When the CONTRACTOR has secured an advance of any kind from the CARRIER, or if there shall be any other amounts due the CARRIER from the CONTRACTOR, or the CONTRACTOR's agents or employees, the CARRIER is authorized to deduct the amount of such advances (including the cost of sending such advances) or other amounts due from any trip settlement, escrow, or other monies due or becoming due to the CONTRACTOR from the CARRIER under this Agreement. If such monies shall be insufficient to cover the sum due the· CARRIER from the CONTRACTOR, the CONTRACTOR will on demand pay to the CARRIER all sums remaining due to the CARRIER. The CARRIER shall furnish the CONTRACTOR with a written explanation and itemization of all such deductions.

    DISPATCH: While under dispatch for CARRIER, the LEASED VEHICLE shall at no time be operated for any purpose other than the business of the CARRIER. Any breach of this agreement by the CONTRACTOR shall be grounds for immediate termination of this Agreement by the CARRIER.

    While not operating under the CARRIER'S authority, nothing in this Agreement shall prevent the CONTRACTOR from performing any transportation services for any other person, firm, or company in· compliance with governing regulations. The CONTRACTOR shall retain the right to refuse to perform operations for the CARRIER.

    TERM: The term of this Agreement shall be for one (1) year and shall automatically renew for successive one (1) year periods; provided, however, that this Agreement may be terminated at any time by giving thirty (30) days prior written notice.

    CONTRACTOR’S COMPLIANCE LAW: CONTRACTOR represents and warrants that it is duly and legally qualified to provide, as a contractor, the transportation services contemplated herein.
    PERFORMANCE OF SERVICES: CONTRACTOR services under this Agreement are specifically designed to meet the distinct needs of CARRIER under the specified rates and conditions set forth herein. CONTRACTOR shall transport all shipments provided under Agreement without delay, and all occurrences which would be probable or certain to cause delay shall be immediately communicated to CARRIER by CONTRACTOR. This Agreement does not grant the CONTRACTOR an exclusive right to perform the transportation-related services for CARRIER or its Customer.

    RECEIPTS AND BILLS OF LADING: When picking up a load at a Shipper’s facility, CONTRACTOR shall instruct its drivers to obtain the correct Bill of Lading. Upon delivery of each shipment made hereunder, CONTRACTOR shall obtain a receipt showing the kind and quantity of product delivered to the consignee of such shipment at the destination specified by CARRIER or the customer and CONTRACTOR shall cause such a receipt to be signed by the consignee. Any terms, conditions, and provisions of the bill of lading, manifest or other forms of receipt or contract shall be subject and subordinate to the terms, conditions, and provisions of this Agreement. CONTRACTOR shall notify CARRIER immediately of any exception made on the bill of lading or delivery receipt.

    CONTRACTOR OPERATIONS: CONTRACTOR shall, at its sole cost and expense:(a) furnish all equipment necessary or required for the performance of its obligations hereunder (the “Equipment”); (b) pay all expenses related, in any way, with the use and operation of the Equipment;(c) maintain the Equipment in good repair, mechanical condition and appearance; and (d) utilize only competent, able and legally licensed personnel. CONTRACTOR shall have full control of such personnel; shall perform the Services hereunder as an independent contractor; and shall assume complete responsibility for all state and federal taxes, assessments, insurance (including, but not limited to, workers’ compensation, unemployment compensation, disability, pension, and social security insurance) and any financial obligations arising out of the transportation performed hereunder.

    INDEMNITY. CONTRACTOR shall defend, indemnify, and hold CARRIER harmless from and against all loss, liability, damage, claim, fine cost or expense, including reasonable attorney’s fees, arising out of or in any way related to performance or breach of this Agreement by CONTRACTOR, its employees or independent contractors working for CONTRACTOR (collectively, the “Claims”) including, but not limited to, Claims for or related to personal injury (including death), property damage and CONTRACTOR possession, use, maintenance, custody or operation of the Equipment; provided, however that CONTRACTOR indemnification and hold harmless obligations under this paragraph will not apply to any portion of such claim attributable to the tortuous conduct of CARRIER.

    INSURANCE. CONTRACTOR shall procure and maintain, at its sole cost and expense, the following insurance coverages:

    (a) Public liability and property damage insurance with a reputable and financially responsible insurance company insuring CONTRACTOR in an amount not less than $1,000,000.00 (U.S. Dollars) per occurrence.

    (b) All Risk Broad Form Motor Truck Cargo Legal Liability insurance in an amount not less than $100,000.00 (U.S. Dollars) per occurrence. Such insurance policy shall name CONTRACTOR and CARRIER as insureds and provide coverage to CARRIER, the Customer or the owner and/or consignee for any loss, damage or delay related to any property coming into the possession of CONTRACTOR under this Agreement. The coverage provided under this policy shall have no exclusions or restrictions of any type that would foreseeably preclude coverage relating to cargo claims.

    (c) CONTRACTOR shall furnish to CARRIER written certificates obtained from the insurance CONTRACTOR showing that such insurance has been procured, is being properly maintained, the expiration date, and specifying that written notice of cancellation or modification of policies shall be given to CARRIER at least (30) days prior to such cancellation or modification. Upon request, CONTRACTOR shall provide CARRIER with copies of applicable insurance policies.

    (d) If applicable, Insurance Monthly Premium will be taken out in weekly installments. If a month has 4 weeks, the monthly payment will be divided by 4 and taken from settlement payments. The same will apply for the months that have 5 weeks.

    (e) The contractor is to carry proof of insurance at all times in the vehicle. If the copy is lost, then it is to be IMMEDIATELY reported to the CARRIER so that a new proof of insurance can be given.

    (f) If at any time, CONTRACTOR is involved in an accident/incident that requires a claim to be filed they are to immediately call and report it to the local police department, file a report and make sure that the CARRIER is aware of the incident and get a copy of the report. Any deductible that may occur for repairs is the sole responsibility of the CONTRACTOR and NOT of the CARRIER.

    (g) At the end of AT-WILL Employment Insurance will be canceled and CARRIER will no longer be covered under the terms and agreement in contract.

    (h) If or at any time CONTRACTOR chooses to acquire its own policy, they will be free to run for multiple carriers. A copy of their Certificate listing CUSTOM SERVICES LLC as the Certificate Holder will be required and kept on file with the rest of the driver's information.

    FREIGHT LOSS, DAMAGE OR DELAY. (revised KAO 5.11.10) CONTRACTOR shall have the sole and exclusive care, custody and control of the Customer’s property from the time it is delivered to CONTRACTOR for transportation until delivery to the consignee accompanied by the appropriate receipts as specified in Paragraph4. CONTRACTOR assumes the liability of a common carrier {i.e. Carmack Amendment liability} for loss, delay, damage to or destruction of any and all of Customer’s goods or property while under CONTRACTOR care, custody or control. CONTRACTOR shall pay CARRIER, or allow CARRIER to deduct from the amount CARRIER owes CONTRACTOR, Customer’s full actual loss for the kind and quantity of commodities so lost, delayed damaged or destroyed. CONTRACTOR shall be liable to CARRIER for the actual loss, damage or injury to commodities occurring while in custody, possession or control of CONTRACTOR (its agents, employees or independent contractors) and as a result of CONTRACTOR gross negligence, provided, however, that CONTRACTOR shall not be liable for loss of or damage or injury to commodities if such loss, damage or injury was caused by an act of God, the public enemy, the fault or neglect of the CARRIER, his or her agents, public authority, or the inherent vice or nature of the commodities. CONTRACTOR shall also not be liable for any incidental and consequential expenses incurred or paid by CARRIER in connection with or as a result of any commodities lost, damaged or destroyed.

    WAIVER OF CARRIER’S LIEN: CONTRACTOR shall not withhold any goods of the Customer on account of any dispute as to rates or alleged failure of CARRIER to pay charges incurred under this Agreement. CONTRACTOR is relying upon the general credit of CARRIER and hereby waives and releases all liens which CONTRACTOR might otherwise have to any goods of CARRIER or its Customer in the possession or control of CONTRACTOR.

    PAYMENTS: CARRIER will pay for transportation services performed under this Agreement the rates and charges as shown on separate Rate Confirmation Sheets to be signed and agreed to by CONTRACTOR and CARRIER before each shipment made under this Agreement. CONTRACTOR represents and warrants that there are no other applicable rates or charges except those established in this Agreement or in any Rate Confirmation Sheet signed by CARRIER. Payment by CARRIER will be made within thirty (30) days of receipt by CARRIER of CONTRACTOR freight bill of lading, clear delivery receipt and any other necessary billing documents enabling CARRIER to ascertain that service has been provided at the agreed-upon charge. In the event, service is provided and it is subsequently discovered that there was no applicable rate in the existing Schedule of Rates or supplements, the parties agree that the rate paid by CARRIER and collected by CONTRACTOR shall be the agreed-upon contract rate. CONTRACTOR agrees that CARRIER has the exclusive right to handle all billing of freight charges to the Customer for the transportation services provided herein, and, as such, CONTRACTOR agrees to refrain from all collection efforts against the shipper, receiver, consignor, consignee or the Customer. CONTRACTOR further agrees that

    CARRIER has the discretionary right to offset any payment owned to CONTRACTOR hereunder for liability incurred by CONTRACTOR pursuant to Section8 of this Agreement.

    CONFIDENTIALITY AND NON-SOLICITATION. Neither party may disclose the terms of this Agreement to a third party without the written consent of the other party except (1) as required by law or regulations; (2) disclosure is made to its parent-subsidiary or affiliated company; or (3) to facilitate rating or auditing of transportation charges by an authorized agent and such agent agrees to keep the terms of the Agreement confidential. CONTRACTOR will not solicit traffic from any shipper, consignor, consignee or customer of CARRIER where (1) the availability of such traffic first became known to the CONTRACTOR as a result of CARRIER efforts, or (2) the traffic of the shipper, consignor, consignee or Customer of CARRIER was first tendered to CONTRACTOR by CARRIER. If CONTRACTOR breaches this Agreement and directly or indirectly solicits traffic from customers of CARRIER and obtains traffic from such customer during the term of this Agreement or for twelve (12) months thereafter, CONTRACTOR shall be obligated to pay CARRIER, for a period of fifteen (15) months thereafter, commission in the amount of thirty-five percent (35%) of the transportation revenue resulting from traffic transported for the Customer, and CONTRACTOR shall provide CARRIER with all documentation requested by CARRIER to verify such transportation revenue.

    SUB-CONTRACT PROHIBITION. CONTRACTOR specifically agree that all freight tendered to it by BROKER shall be transported on equipment operated only under the authority of CONTRACTOR, and that CONTRACTOR shall not in any manner sub-contract, broker, or in any other form arrange for the freight to be transported by a third party without the prior written consent of CARRIER.
    ASSIGNMENT/MODIFICATION/BENEFIT OF AGREEMENT. This Agreement may not be assigned or transferred in whole or in part and supersedes all other agreements and all tariffs, rates, classifications, and schedules published, filed or otherwise maintained by CONTRACTOR. This Agreement shall be binding upon and insure to the benefit of the parties hereto.

    SEVERABILITY. If the operation of any portion of this Agreement results in a violation of any law, the parties agree that such portion shall be severable and that the remaining provisions of this Agreement shall continue in full force and effect.

    WAIVER. CONTRACTOR and Shipper expressly waive all rights and remedies allowed under 49 U.S.C § 14101 to the extent that such rights and remedies conflict with this Agreement. Failure of CARRIER to insist upon CONTRACTOR performance under this Agreement or to exercise any right or privilege shall not be a waiver of any CARRIER rights or privileges herein

    DISPUTE RESOLUTION. This Agreement shall be deemed to have been drawn in accordance with the statutes and laws of the State of Michigan and in the event of any disagreement or dispute, the laws of this state shall apply and suit must be brought in this state.

    IN WITNESS, WHEREOF, the parties hereto have caused this Agreement to be executed in their respective names by their duly authorized representatives as of the date written above.

    Owner Profile Sheet - General Information