Terms and Conditions
1. OBLIGATIONS OF DISPATCHER
1.1 Dispatch Services: DISPATCHER agrees to handle paperwork, phone calls, and faxes to and from the BROKER or SHIPPER to tender commodities for transportation by the CARRIER in both interstate and intrastate commerce.
1.2 Liability: DISPATCHER bears no financial or legal responsibility for transactions between SHIPPERS, Brokers, and CARRIERS.
1.3 Service Commitment: DISPATCHER will make every effort to keep the truck(s) loaded and will contact CARRIER regarding all load offers. The CARRIER will have the discretion to ACCEPT or REJECT any load. DISPATCHER will invoice the CARRIER at the time of service and provide a copy of each Load Confirmation Sheet for which the CARRIER is billed.
2. EFFECTIVE DATE
This Agreement becomes effective upon the date of signing by both parties and shall remain in effect until revoked by the CARRIER or terminated by DOLPHIN Dispatch LLC Since 2022. A revocation notice must be sent via email to Dolphindispatchllc@gmail.com.
3. PRICING AND PAYMENTS
3.1 Service Fee: The fee for dispatching services shall be a flat rate or percentage, plus applicable taxes, of the weekly gross income for each truck. The fee is payable every Friday, starting the week after the CARRIER completes its first load.
3.2 Payment Method: The agreed amount will be deducted automatically or manually from a Debit/Credit Card provided by the CARRIER.
3.3 Tax Compliance: Taxes will be charged in accordance with U.S. law.
3.4 Customer Payment: SHIPPER agrees to pay CARRIER promptly after receiving a freight bill and proof of delivery. The SHIPPER will provide load details and payment terms via email, with confirmation signed by both the DISPATCHER and SHIPPER.
3.5 Non-Reversal of Charges: If the CARRIER opts to pay by debit or credit card, they expressly authorize recurring weekly charges. The CARRIER is not eligible to reverse or charge back payments already made to the company.
4. Detention and Layover Charges
Detention and layover fees will be charged to the Carrier Company from Dolphin Dispatch LLC since 2022 . However, TONU (Truck Order Not Used) fees will not be charged.
5. OBLIGATIONS OF CARRIER
4.1 Authority to Sign: CARRIER grants DISPATCHER the authority to sign rate confirmation sheets, invoices, and related paperwork necessary for securing freight and billing purposes.
4.2 Termination Notice: Either party may terminate this agreement with 30 days’ written notice.
4.3 Operational Responsibilities: CARRIER will safely deliver freight as agreed with brokers and customers and ensure compliance with safety and operational regulations.
4.4 Insurance: CARRIER agrees to carry adequate insurance, including physical damage, bobtail, cargo, and liability insurance, for all vehicles used in its operations.
4.5 Labour and Compensation: CARRIER is responsible for providing labor, workers’ compensation, and wages for its employees. It is also responsible for withholding taxes.
4.6 Liability for Loss: CARRIER assumes liability for loss or damage to goods while in their possession and agrees to indemnify DISPATCHER from any related claims.
6. PAYMENTS FOR FREIGHT
Payments related to loads handled by the broker shall be directed to the CARRIER’s bank or factoring resources. DISPATCHER is not liable for any incidental, consequential, or indirect damages, including loss of profits or business interruption.
7. BILLS OF LADING
Each shipment will be accompanied by a bill of lading or similar receipt issued by the broker or shipper.
8. FREIGHT LOSS, DAMAGE, OR DELAY
CARRIER assumes full responsibility for the care, custody, and control of the shipper’s property from the time of pick-up until delivery. If a claim arises, the CARRIER agrees to settle within 30 days following receipt of an invoice.
9. SUBCONTRACTING PROHIBITION
CARRIER shall not subcontract or arrange for any third-party transportation of freight without the express written consent of the DISPATCHER.
10. INDEMNIFICATION
CARRIER agrees to indemnify and hold harmless DISPATCHER and its customers from any liabilities, damages, fines, claims, or expenses arising from CARRIER’s operations under this agreement.
11. LOADING PROCEDURES AND RESPONSIBILITIES
CARRIER is responsible for ensuring that the cargo is securely loaded to prevent shifting or damage. The driver must inspect the load before departure and ensure compliance with federal regulations. If any issues arise, the driver is obligated to notify the shipper, broker, or dispatcher immediately.
12. Contact Shippers and Broker on my behalf for Freight:
The CARRIER appoints DOLPHIN Dispatch LLC as their Attorney-in-Fact. This authorizes the DISPATCHER to act on their behalf, including contacting shippers, signing rate confirmations, and handling all necessary paperwork for securing and managing freight. DISPATCHER shall not be liable for judgment errors made in good faith but will be responsible for willful misconduct.