CARRIER PACKAGE CHECKLIST

PAYMENT METHOD FORM

COPY OF HANDLING AUTHORITY

SIGNED BROKER/CARRIERAGREEMENT

W9

PROOF OF INSURANCE
add TERA LOGISTICS INC as certificate holder on insurance
1000 HERITAGE CENTER CIR
UNIT 500 ROUND ROCK, TX 78664

CARRIER PAYMENT OPTION

Quick pay: (4% Fee) next business day mail (check):

Quick pay: (4% +$5.00 Fee) 2 business day direct deposit:

Net 30: Standard Terms (No Fee) check:

Check On Delivery:

Cash On Delivery:

*We do not “quick pay” loads with perishable commodities (e.g.

Produce).
*All payments are subject to receiving ORIGINAL bill of lading.
*Direct Deposit requires ACH Authorization form and Voided Check.

Name (print):
Signed:
Date:

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 THIS BROKER/CARRIER AGREEMENT

THIS BROKER/CARRIER AGREEMENT is made on this of , by and

between , hereinafter referred to as “CARRIER”, and,
dba TERA LOGISTICS INC , hereinafter referred to as “BROKER”.
Definitions:
In this Agreement where the context otherwise requires, the following words and expressions shall have
the meanings hereby assigned to them.
“Broker” means a person, other than a motor carrier or an employee or agent of a motor carrier, that as
a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement,
or otherwise as selling, providing, or arranging for, transportation by motor carrier.
“Motor Carrier” means a motor carrier, providing the motor vehicle for the transportation of property
for compensation operating under their own authority and insurance under this continuous Agreement.
Whereas, BROKER, is licensed as a property broker by Federal Motor Carrier Safety Administration
(“FMCSA”) TERA LOGISTICS INC, and as a licensed BROKER arranges for motor carrier freight
transportation under its contracts with consignors and consignees (“Customer”); and
Whereas, CARRIER is registered with FMCSA as a motor contract carrier in interstate, intrastate, and/or
foreign commerce MC# and is in all
respects qualified to transport freight as required by BROKER; and
Whereas, BROKER, to satisfy some of its transportation needs, desires to engage CARRIER to perform
transportation within the limits of CARRIER’S contract operating authorities according to this
Agreement’s terms and conditions, and CARRIER desires to perform such transportation.
Now, therefore, intending to be legally bound, the parties agree as follows.
1. This Agreement’s term shall be one-year subject to earlier termination by either party giving Thirty
days written notice to the other. Absent such notice, it shall automatically renew for successive one-year
periods.
2. CARRIER represents and warrants that it is duly and legally qualified to provide, as a contract carrier,
the transportation services contemplated herein. CARRIER further represents and warrants that it does
not have a conditional or unsatisfactory safety rating issued from the U.S. Department of
Transportation, and further agrees to comply with all federal, state and local laws regarding the
provisions of the transportation services contemplated under this Agreement. In the event that CARRIER
is requested by BROKER to transport any shipment required by the U.S. Department of Transportation
to be placarded as a hazardous material, the parties agree that the additional provisions included in
Appendix A shall apply for each such shipment.
3. There is no minimum volume of freight contemplated by this Agreement. BROKER is not restricted
against tendering its freight to other carriers; CARRIER is not restricted against performing
transportation for other shippers.
4. CARRIER shall transport all shipments tendered through BROKER and accepted by CARRIER, without
delay. CARRIER shall immediately notify BROKER of any likelihood of delay.
5. CARRIER shall issue or, if prepared by Shipper, sign the bill of lading for each shipment tendered for
transportation and the bill of lading shall show Carrier to be the motor carrier performing the
transportation. CARRIER shall obtain from the consignee a complete, signed delivery receipt for each
shipment, and it shall notify BROKER immediately of any exception on any document. CARRIER shall
send BROKER delivery receipts and bill of lading within twenty-four hours of delivery, as BROKER directs.

Carrier’s Initial

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6. Documents for each of BROKER’S shipments, including the bills of lading shall name BROKER as
“BROKER” and CARRIER as “CARRIER.” If there is a wrongly worded document, the parties will treat it as
if it showed BROKER as ‘BROKER” and CARRIER as “CARRIER.” If there is a conflict between this
Agreement and any transportation document related to BROKER’S shipment, this Agreement shall
govern.
7. CARRIER shall be wholly responsible for performing the contemplated transportation and for all costs
and expenses of such transportation, including as examples, cost and expenses of all CARRIER’S
transportation equipment, its maintenance, and those persons who operate it. As to BROKER, CARRIER
is an independent contractor, and as such is wholly responsible in every way for such persons as
CARRIER hires or employs. Broker does not direct CARRIER’S schedules, specify its routes or otherwise
control or have the power to control CARRIER’S operations.
8. CARRIER shall defend, indemnify, and hold BROKER, broker’s Customer, Consignor and Consignee
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, CARRIER’S performance of the contemplated
transportation or CARRIER’S breach of any terms of this Agreement.
9. During this Agreement’s term, CARRIER shall comply with the financial responsibility requirements of
the appropriate Federal and State laws and regulatory agencies through which it is authorized to
operate.
10. Motor Carrier, at its sole cost and expense, including the cost of deductibles, shall procure and
maintain in force during the term of the Agreement the following insurance coverage:
a. Liability Insurance, including auto liability, personal injury and property damage, with limits of
liability of at least $1,000,000.00 per occurrence and as required by the Federal Motor Carrier Safety
Administration (Forms BMC91X and BMC-34 on file); and at lease no less than $5,000,000.00 per
occurrence for any liability associated with the move of Hazardous Materials and more fully set forth in
49CFR 171.8, 172.101 and 173.403.
b. Broad Form Cargo Legal Liability insurance in an amount of $100,000.00 per any one occurrence.
c. Commercial General Liability (CGL) insurance, on a per occurrence basis, endorsed to cover premises
operations, products/completed operations, personal injury and contractual liability, including any and
all liability assumed under this Agreement, with limits of liability of at least $1,000,000.00 any one
occurrence.
d. Workers’ Compensation insurance, covering applicable statutory benefits in the State where work is
being performed; Employer’s liability insurance in the amount of at least $1,000,000.00.
e. CARRIER’ cargo and liability insurance shall comply with the FMCSA requirements in all respects; and
shall be in form required by 49 C.F.R. Part 13906(a), with no exclusions or restrictions, which would not
be accepted by the FMCSA for a filing under the statutory or regulatory requirements; but shall be, in
all respects, identical to insurance filed in accordance with the cited regulation.
f. CARRIER agrees that its cargo and liability insurance policies shall require the insurance carrier(s) to
give BROKER copies of insurance policies and Standard Certificate(s) of insurance for both the cargo and
the liability risks and CARRIER shall instruct its insurance carrier to give BROKER thirty (30) days written
notice of any modification or termination of such insurance policies.
11. CARRIER shall agree that its liability for cargo loss or damage shall be no less than that of a
Common Carrier as provided for in 49 USC 14706 (Amendment). Exclusions in Carrier’s insurance
coverage shall not exonerate Carrier from this liability.
12. CARRIER shall not withhold any freight due to any dispute with BROKER regarding freight charges.
CARRIER waives and releases all liens, which it might otherwise have to any of BROKER’S or Customer’s
freight in its possession.
a. CARRIER will only be paid $50 FOR TRUCK ORDER NON USE (tonu).
b. CARRIER is responsible for the cost of any permits. The broker will not be liable to pay for any
permits.
c. CARRIER will not be paid detention. The broker is not liable to pay any detention fees.

Carrier’s Initial

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13. The parties agree the rates and charges for the contemplated transportation shall be only those on
the individual Rate Confirmation Sheets, signed by each of them prior to each shipment. BROKER will pay
CARRIER the agreed amount within thirty (30) days of BROKER’S receipt of CARRIER’S freight bill.
14. Bill of lading, clear delivery receipt, and any other documents necessary to enable BROKER to
ascertain transportation has been properly provided. CARRIER agrees BROKER shall serve as its agent for
the collection of its freight charges, and payment of the freight charges by Shipper, consignee or
consignor to BROKER shall be deemed payment to CARRIER Only BROKER and not CARRIER shall bill
Customer for transportation; CARRIER shall not seek to collect from Customer or any other party
involved with the shipment. CARRIER agrees BROKER, at its option, may offset against any payments
owed to CARRIER amounts CARRIER owes BROKER under paragraph ll.
15. CARRIER shall transport all freight tendered by BROKER only on equipment operated under
CARRIER’S authority and insurance policies. CARRIER shall not in any way sub-contract or arrange for the
freight to be transported by a third party without BROKER’S prior written consent.
16. CARRIER and BROKER agree that BROKER, at great expense, has developed a broad customer and
vendor base that is essential to the successful operation of the BROKER. CARRIER and BROKER agree
that disclosure of the identity of BROKER customers to CARRIER constitutes valuable consideration.
CARRIER shall not solicit traffic from any shipper, consignor, consignee or customer of BROKER
where (1) the availability of such traffic first became known to CARRIER as a result of BROKER’S efforts,
or (2) where the traffic of the shipper, consignor, consignee, or customer of the BROKER was first
tendered to the CARRIER by the BROKER. If CARRIER breaches this agreement and “back-solicits” the
BROKER’S customer(s), and obtains traffic from such customer(s), the BROKER is entitled, for a period of
twelve (12) months after such traffic begins to move, a commission from the CARRIER of fifteen (15)
percent of the total transportation revenue received by CARRIER on the movement(s) of traffic.
17. This Agreement is the entire agreement between the parties, superseding all earlier agreements. It
cannot be altered or amended except in writing signed by both parties. It may not be assigned or
transferred in whole or in part.
18. If the operation of any part of this Agreement results in a violation of any law, such part shall be
severed, and the Agreement’s remaining provisions shall continue in full force and effect.
19. CARRIER and BROKER expressly waive all rights and remedies allowed under 49 U.S.C § 14101; to the
extent, they conflict with this Agreement. BROKER’S failure to insist upon CARRIER’S performance under
this Agreement or to exercise any right or privilege shall not be a waiver of any BROKER’S rights or
privileges.
20. This Agreement shall be deemed to have been drawn under California law. If there is a dispute,
any legal action must be brought in California or California's laws shall apply, without regard to its
conflict of laws rules.
21. Notices shall be sent by registered mail, returned receipt requested, to each party at the addressed
shown below, or to such other addresses as shall have been designated in writing.
22. No Double Brokering loads or back solicting customers.

Carrier’s initials

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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 first above written.

“TERA “CARRIER”
LOGISTICS INC” Company Name
1000 Address
HERITAGE City, State, Zip
CENTER CIR Phone
UNIT 500 FAX
ROUND ROCK,
TX 78664
Director – Samantha Signature

Print Name and Title

Carrier’ Initials

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