COMPANY PROFILE
Paradigm Transportation Management Group
100 Commerce Drive
Pittsburgh, PA 15275
P: 800-223-8973
F: 412-920-1899
ww paradigmtmgw. .com
For New Carrier Set Up Please Email or Fax Requests to:
E: carrier@shiprrexp.com
F: 877-479-9421
Thank you for your interest in Paradigm Transportation Management , Group & its
affiliated companies.
Our equipped fleet has access to asset-based units located across the country. Each can accommodate almost
any service, including FTL, LTL, Intermodal, Drayage, Heavy Haul, Expedited, and Power Only.
Federal ID #: 47-5310747 DOT #: 2820892 MC #: 938207 SCAC: PTMH
CORPORATE CONTACT INFORMATION
Billing/Invoicing billing@shiprrexp.com Phone 800-223-8973
Credit/Collections credit@shiprrexp.com Fax 412-920-1899
REMIT PAYMENT TO: Please ensure that your payment along with the remittance advice are sent to one of the
options below. NOTE: If you are emailing your remittance documents remit@shiprrexp.com.
U.S. POSTAL SERVICE: OVERNIGHT ADDRESS:
Name The Huntington National Bank Name The Huntington National Bank
Address P.O. Box 72124, Cleveland, OH 44192 Address 295 First Merit Circle, Akron, OH 43307
Account Name R
& R Express, Inc. or Affiliate
Attn Lockbox Dept. OPC833
Account Number 01662724516
Routing Number 041000153
ACH/EFT (Automated Clearing House/EFT Wire Transfer):
Name The Huntington National Bank
Address Cleveland, OH
ABA/Routing Number 041000153
ABA Wire Number 044000024
Swift Code HUNTUS33
, LLC
LLC
The Standard Carrier Alpha Code of
CERTIFICATE OF STANDARD CARRIER ALPHA CODE (SCAC) RENEWAL
This Alpha Code will apply only to the company name shown above through June 30, 2022. Approximately two
months prior to expiration of this SCAC, NMFTA will provide a renewal notice which must be promptly returned
together with payment to ensure its continued validity. Should the company name, address or contact information
need an update, please notify the National Motor Freight Association, Inc. at customerservice@nmfta.org.
Alpha Codes ending with the letter "U" have been reserved for the identification of freight containers. If your Alpha
Code ends with the letter "U", it should be used only for this purpose. A non-U ending Alpha Code should be
obtained to satisfy other requirements such as company identification for Customs, Electronic Data Interchange,
freight payments, etc.
If you participate in the Customs & Border Protection (CBP) ACE program and you have an issue with using your
SCAC with ACE, please contact CBP at the following email address: AMSSCAC@cbp.dhs.gov. All SCACs are
automatically uploaded to ACE within 24 hours. To participate in the Automated Export System (AES) program,
please email AMSSCAC@cbp.dhs.gov and askaes@census.gov a request, along with a copy of the NMFTA
SCAC letter, to enable your SCAC for AES. Additional information on CBP's automated programs can be found at:
https://www.cbp.gov/trade/automated/getting-started.
NOTICE: Renewal of the above listed SCAC is unrelated to participation in the National Motor Freight
Classification (NMFC). Further, it does not confer membership in the National Motor Freight Traffic Association,
Inc. nor allow use of the NMFC inconnection with freight rates. For participation and membership information,
please call (703) 838-1810.
938207
2820892
PARADIGM TRANSPORTATION MANAGEMENT GROUP LLC
100 COMMERCE DR
PITTSBURGH, PA 15275
US DOT-
LORETTA PAYONK
PARADIGM TRANSPORTATION MANAGEMENT GROUP LLC
100 COMMERCE DR
PITTSBURGH, PA 15275
has been renewed for:
PTMH
MC-
1001 North Fairfax Street • Suite 600 • Alexandria, VA 22314-1798 • ph: 703.838.1810 • fax: 703.683.1094
web: www.nmfta.org • email: scac@nmfta.org
1/21/21
INSR ADDL SUBR
LTR
INSR WVD
DATE (MM/DD/YYYY)
PRODUCER
CONTACT
NAME:
FAX
PHONE
(A/C, No):
(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICY EXP
TYPE OF INSURANCE LIMITS
(MM/DD/YYYY) (MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
CLAIMS-MADE OCCUR
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $
$
PRO-
OTHER:
LOCJECT
COMBINED SINGLE LIMIT
$(Ea accident)
BODILY INJURY (Per person) $
ANY AUTO
OWNED SCHEDULED
BODILY INJURY (Per accident) $
AUTOS ONLY
AUTOS
AUTOS ONLY
HIRED
PROPERTY DAMAGE
$
AUTOS ONLY
(Per accident)
$
OCCUR
EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $
$
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS below
POLICY
NON-OWNED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)
ACORDTM
CERTIFICATE OF LIABILITY INSURANCE
TRAVELERS SYNDICATE
HARTFORD INS CO
BURLINGTON INS CO
OBI NATIONAL INS CO
3/22/2021
McGriff Insurance Services
5211 S. Fletcher Ave, Suite 100
Amelia Island, FL 32034
904 261 9828
Paradigm Transportation Management Group
LLC
100 Commerce Drive
Pittsburgh, PA 15275
AA1126382
19682
23620
14190
C X
X
X DEDUCTIBLE $2,500
X
891BW58768 07/01/2020 07/01/2021 1,000,000
100,000
0
1,000,000
2,000,000
2,000,000
A
XDED $10K/OCC
CONTINGENT
AUTO LIABILITY
MB214661-TBD
03/22/2020 03/22/2022 1,000,000
D 406-03-65-28-0010 01/01/2021 01/01/2022 X
1,000,000
1,000,000
1,000,000
B CONTINGENT CARGO 20MSEF3814
LEGAL LIAB FORM
07/01/2020 07/01/2021 MAX LMT PER OCC 250,000
DED/OCC $10,000.
.PARADIGM TRANSPORTATION
MANAGEMENT GROUP LLC
100 COMMERCE DR
Pittsburgh, PA 15275-0000
1 of 1
#S27570180/M27567945
14RREXPClient#: 911884
ALFC
1 of 1
#S27570180/M27567945
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Curtainside
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Hot
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Number of
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Number of Power
Units
Number of
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100 Commerce
Pittsburgh,
P: 800-223-8973
15275 PA
Drive
ATTENTION CARRIER!
Please complete this form and along with the following documents send
to email: carrier@shiprrexp.com or to fax: 877-479-9421:
Insurance certificate showing aradigmP Group Management Transportation , LLC as the certificate
holder:
$1,000,000 Auto Liability required
$100,000 Cargo Liability required
Copy of the carrier’s contract or common carrier authority (Company’s name must match
name on insurance certificate)
Completed W-9 Form
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Fax:
After Hours
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Receive our Available Loads
!!
Email: ______________________
Email: ______________________
Relationships Move
Loads
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester. Do not
send to the IRS.
Print or type.
See Specific Instructions on page 3.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only
one of the
following seven boxes.
Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation,
P=Partnership)
Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check
LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions)
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions.
6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and
Number To Give the Requester for guidelines on whose number to enter.
Social security number
or
Employer identification number
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here
Signature of
U.S. person
Date
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X
Form W-9 (Rev. 10-2018)
Page 1 of 13
Rev 06.01.2021
06065.25.2021
Carrier Initials & Date: / /
BROKER-CARRIER AGREEMENT
This AGREEMENT is made and entered into on this day of , 20 , by and
between , U.S. DOT No:
(hereinafter referred to as "CARRIER”), a for-hire motor carrier (i) registered with and operating under
for-hire motor carrier authority Certificate or Permit No. issued by the FMCSA or its predecessors,
and/or (ii) registered with and operating under for-hire motor carrier registration or authority No. issued
by a state agency and R & R Express, Inc. and each of its affiliated companies identified herein
(hereinafter referred to as "BROKER"), property transportation brokers registered with and operating
under property transportation broker licenses issued by the U.S. Federal Motor Carrier Safety
Administration (the “FMCSA”) or its predecessor agencies within or outside the U.S. Department of
Transportation (“U.S.DOT”). BROKER AND CARRIER shall be referred to collectively as the "Parties" and
individually as a “Party”.
The Parties are entering this Agreement for their mutual benefit and to provide CARRIER with the
opportunity to receive and accept (or decline) offers to transport one or more freight shipments from any
one of the affiliated “Participating Brokers” executing this Agreement. The term “BROKER” as used herein
shall refer to each duly registered entity holding a property broker license or designation and named
herein. CARRIER and each Participating BROKER may and shall rely on this Agreement governing their
respective individual freight shipment transactions.
1.
CARRIER REPRESENTS AND WARRANTS THAT:
a.
CARRIER is a duly Registered Motor Carrier of property authorized to provide transportation
of property services under contracts with shippers, receivers, and brokers of general
commodities in interstate and intrastate commerce;
b.
CARRIER shall transport the property it receives pursuant to this Agreement under its own
registered and lawful operating authorities and subject to the terms of this Agreement.
CARRIER will not re-broker, co-broker, subcontract, assign, interline, or transfer the
transportation of shipments hereunder to any other persons or entity conducting business
under a different operating authority. If CARRIER breaches this provision, BROKER shall have
the right to pay the delivering carrier directly, in lieu of payment to CARRIER. CARRIER shall
remain liable to BROKER under this Agreement notwithstanding BROKER's payment to the
delivering carrier;
c.
CARRIER agrees that the insertion of BROKER's name as “carrier” on a bill of lading shall be
for convenience only, and shall not change BROKER's status as a property broker nor
CARRIER's status as a motor carrier;
d.
CARRIER is in, and shall maintain compliance during the term of this Agreement, with all
applicable federal, state and local laws relating to CARRIER’s operation and services including,
but not limited to applicable regulations concerning: transportation of Hazardous Materials
(including the licensing and training of HAZMAT qualified drivers) as defined in 49 C.F.R.
§172.800, §173, and §397 et seq. and to the extent that any shipments hereunder constitute
Hazardous Materials; cargo security; owner/operator lease; loading and securement of
freight; implementation and maintenance of driver safety including, but not limited to, hiring,
controlled substances and alcohol testing, and hours of service; qualification and licensing
Page 2 of 13
Rev 06.01.2021
06065.25.2021
Carrier Initials & Date: / /
and training of drivers; sanitation, temperature, and contamination requirements for
transporting food, perishable, and other products,; implementation and maintenance of
equipment safety; maintenance and control of the means and method of transportation
including, but not limited to, performance of its drivers; all applicable insurance laws
including, but not limited to, workers' compensation;
e.
CARRIER is solely responsible for the management, governance, discipline, direction and
control of its employees, any independent contractors, equipment owners and operators
(including drivers), and equipment in all respects to ensure the safe operation of CARRIER’S
regulated and unregulated activities as a Registered motor carrier. CARRIER agrees that the
safe and compliant operation and performance of CARRIER’S equipment, drivers and facilities
shall supersede any service requests, demands, preferences, instructions, and information
from BROKER or BROKER’s customer with respect to any shipment;
f.
CARRIER will notify BROKER immediately if its license or Registration is revoked, suspended
or rendered inactive for any reason; if it is sold, or if there is a change in control of ownership,
and/or any insurance required hereunder is threatened to be, or is, terminated, cancelled,
suspended, or revoked for any reason.
g.
CARRIER does not have an "Unsatisfactory" safety rating determined by the Federal Motor
Carrier Safety Administration (“FMCSA”), U.S. Department of Transportation, and will notify
BROKER in writing immediately if its safety rating is changed to "Unsatisfactory" or
"Conditional". In the event that CARRIER fails to maintain insurance required hereunder, is
notified that such insurance may become ineffective, or is otherwise prohibited by applicable
law from performing services hereunder, CARRIER shall immediately notify BROKER and shall
not accept or carry any loads or goods tendered to CARRIER by BROKER;
h.
CARRIER has investigated, monitors, and agrees to conduct business hereunder based on the
credit-worthiness of BROKER and is granting BROKER credit terms accordingly, and therefore,
CARRIER authorizes BROKER to, and assigns unto BROKER the right to, invoice CARRIER's
freight charges to shipper, consignee, or third parties responsible for payment; and
i.
CARRIER acknowledges that this Agreement shall apply to all freight shipments tendered to
CARRIER by any one of the BROKERS identified herein, and the individual BROKER identified
in the Load Confirmation Sheet, on a shipment-by-shipment basis, shall be the sole BROKER
entity responsible to CARRIER for the performance of BROKER’s responsibilities under this
Agreement.
2.
BROKER’S RESPONSIBILITIES:
a.
For each shipment of freight an individual Participating BROKER tenders to CARRIER, such
BROKER shall provide CARRIER with the (i) place of origin and destination of the shipment(s);
(ii) if notified by BROKER’s customer in advance, the type of commodities to be transported;
and (ii) if requested by BROKER’s customer, any specified equipment or handling
requirements;
b.
Each Participating BROKER shall render commercial invoices, and provide billing services, for
all freight shipments transported by CARRIER under this Agreement and deliver the same to
the party responsible for payment. CARRIER shall invoice the named BROKER, which tendered
the freight shipment to CARRIER, for CARRIER's charges, as mutually agreed in writing, by fax,
Page 3 of 13
Rev 06.01.2021
06065.25.2021
Carrier Initials & Date: / /
or by electronic means, contained in the Load Confirmation Sheet(s), which are incorporated
herein by reference. On a shipment-by-shipment basis, the Participating BROKER identified in
the Load Confirmation Sheet shall be the sole Participating BROKER responsible to CARRIER
for payment of CARRIER’s charges.
c.
RATES: A rate(s) which has been verbally agreed between BROKER and CARRIER shall be
deemed confirmed in writing when CARRIER has billed the agreed rate and BROKER has made
payment without dispute. All written confirmations of rates, including confirmations by billing
and payment, shall be incorporated herein by this reference. CARRIER’s rates or charges,
including but not limited to stop-offs, detention, loading or unloading, fuel surcharges, or
other accessorial charges, stated as tariff rates, released rates or values, or tariff rules or
circulars, shall not apply. Additional rates for truckload or less than truckload shipments, or
modifications or amendments of the above rates, or additional rates, may be established to
meet changing market conditions, shipper requirements, BROKER’s requirements, and/or
specific shipping schedules as mutually agreed upon, and shall be confirmed in writing (or by
fax or email) by both Parties. Any such additional, modified, or amended rates, changes in
rates shall automatically be incorporated herein by this reference.
d.
PAYMENT: BROKER agrees to pay CARRIER the agreed rates and charges for completed
services within thirty (30) days of receipt of CARRIER’s invoice, which must be accompanied
by a signed bill of lading and proof of delivery, and any other receipt or documentation
BROKER requires. Payment for shipments which suffer or incur damage or loss to cargo will
be held pending CARRIER’s compliance with Paragraph 3.c. of this Agreement. The Parties
agree that the Participating BROKER which has tendered the freight shipment to CARRIER is
the sole BROKER responsible for payment of CARRIER's charges.
e.
BOND: Each Participating BROKER shall maintain a surety bond / trust fund as required by law
to maintain its respective status as a duly Registered property broker.
f.
BROKER's responsibility is limited to arranging for, but not actually performing, the
transportation of freight.
Each Participating BROKER acknowledges that the BROKER identified in the Load Confirmation
Sheet, on a shipment-by-shipment basis, shall be the sole BROKER which may enforce this
Agreement against CARRIER for the performance of CARRIER’s responsibilities under this
Agreement for a particular shipment or transaction.
3.
CARRIER’S RESPONSIBILITIES:
a.
EQUIPMENT: In accordance with the representations and warranties in Paragraph 1 of this
Agreement, CARRIER shall provide the necessary equipment and qualified personnel for the
performance and completion of the transportation services required by BROKER’S customers.
CARRIER shall not use any equipment that has been used to transport hazardous wastes, solid
or liquid. CARRIER agrees that all shipments will be transported and delivered with reasonable
dispatch.
b.
BILL OF LADING: CARRIER shall sign a bill of lading, produced by shipper or CARRIER, for the
property it receives under this Agreement. CARRIER shall become responsible, and therefore
liable, for the freight it takes/receives possession of regardless of whether a bill of lading has
been issued, and/or signed, and/or delivered to CARRIER, and which responsibility/liability
Page 4 of 13
Rev 06.01.2021
06065.25.2021
Carrier Initials & Date: / /
shall continue until delivery of the shipment to the consignee and the consignee signs the bill
of lading or delivery receipt. With respect to CARRIER, this Agreement shall supersede any
terms of the bill of lading (including but not limited to payment and credit terms, released
rates or released value) which are in conflict, or inconsistent, with the terms of this
Agreement. Failure to issue a bill of lading, or sign a bill of lading acknowledging receipt of the
cargo or freight by CARRIER shall not limit, reduce, or nullify CARRIER’s liability hereunder.
CARRIER shall notify BROKER immediately of any exception made on the bill of lading or
delivery receipt.
c.
LOSS & DAMAGE CLAIMS:
i. CARRIER shall process each freight loss and damage claim it receives from a
Participating BROKER, or any party entitled to recover against CARRIER for the same,
pursuant to 49 C.F.R. §370.1 et seq., and any amendments thereto; and
ii. CARRIER shall cooperate with BROKER in the investigation of any claim for cargo loss,
damage, delay, or destruction; and
iii. CARRIER's liability for freight loss or damage from any cause shall be for the full actual
value of the lost, damaged, or delayed freight without limitation and not subject to
any lesser “released value” under 49 U.S.C. §14706, the “Carmack Amendment;” and
iv. CARRIER's liability for freight loss and damage claims shall include legal fees and costs
incurred by BROKER, either in defense or prosecution of the same; and
v. Neither Party shall be liable to the other for consequential damages without prior
written notification of the risk of loss, the approximate financial amount of such loss,
and an agreement to assume such responsibility has been made in writing; and
vi. Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make a
settlement offer in writing on all cargo loss or damage claims within sixty (60) days of
receipt of the claim. CARRIER’s failure to pay, decline or offer settlement within this
period shall be deemed an admission by CARRIER of full liability for the amount
claimed, and a material breach of this Agreement. BROKER shall be authorized to set-
off valid, uncontested cargo loss and damage claims against amounts BROKER owes
CARRIER pursuant to this Agreement; and
vii. CARRIER shall pay to BROKER the full amount claimed by BROKER or the legal claimant
for the kind and quantity of commodities so lost, delayed, damaged or destroyed.
Payments by CARRIER to BROKER shall be paid and received for the account of the
legal claimant, and shall be made within sixty (60) days following CARRIER’s receipt of
the claim statement and supporting documentation; and
viii. Any exclusion from coverage contained in CARRIER’s Cargo Insurance Policy shall not
limit, reduce, or nullify CARRIER’s liability for freight loss, damage, or delay.
d.
INSURANCE: CARRIER shall have its insurance agent or insurance company furnish a
Certificate(s) of Insurance naming Assure Assist Inc. as a “certificate holder,” providing
thirty (30) days advance written notice of cancellation or termination, and unless
otherwise agreed, subject to the following minimum limits: General liability of $1 million;
Motor Vehicle (Auto/Trucker's Liability) (including hired and non-owned vehicles) of $1
million, ($5 million if transporting hazardous materials including environmental damages
due to release or discharge of hazardous substances); Primary Motor Carrier Cargo of
$100,000.00; workers' compensation with limits required by law. Except for higher
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coverage limits which may be specified above, the referenced insurance policies shall
comply with the requirements of the U.S. DOT and Federal Motor Carrier Safety
Administration.
e.
ASSIGNMENT OF RIGHTS: By operation of this Agreement, CARRIER assigns to the
applicable Participating BROKER the right to collect CARRIER’s freight charges from the
party responsible for payment of the rates and charges due CARRIER for shipments
transported under this Agreement.
f.
CARRIER’S INSURANCE AND TAXES: CARRIER shall retain exclusive responsibility, and
liability, for payment of the following items: All applicable federal, state, and local payroll
taxes, taxes for unemployment insurance, old age pensions, workers' compensation,
social security, with respect to persons engaged by CARRIER in the performance of the
transportation services to be provided under this Agreement. CARRIER shall indemnify,
defend, and hold BROKER harmless from any claim or liability imposed or asserted against
any BROKER for any such obligations for which CARRIER is liable.
g.
USE OF BROKER’S TRAILER(S) BY CARRIER. In the event that CARRIER utilizes a trailer,
container, chassis or other equipment owned by or leased to a Participating BROKER or
such BROKER’s customer, or otherwise provided to CARRIER by a Participating BROKER or
BROKER’s customer (hereinafter the “Trailer(s)”), CARRIER shall be liable for any damage
to the Trailer(s), destruction of the Trailer(s), theft from the Trailer(s), theft of any
contents of the Trailer(s), and for any claims for bodily injury (including death) or property
damage arising from or related to any accident involving the Trailer(s), regardless of
whether such damage, injury, destruction, or theft is caused or occurs while any such
Trailer is attached to CARRIER’s power unit, except to the extent such damage,
destruction, or theft is proximately caused by the negligence or willful misconduct of
BROKER or BROKER’s customer. In the event that applicable state law does not allow
waiver of liability to the extent contained in this provision, the Parties expressly agree that
BROKER’s and Customer’s liability will be waived to the fullest extent allowed by
applicable state law. In no event will a Trailer be used for any purpose other than
performing Services hereunder, and in no event will CARRIER allow any third party or any
power unit not operating under CARRIER’s for-hire motor carrier authority to operate or
pull any such Trailer, unless expressly authorized to do so in writing, which, must specify
the freight shipment(s) for which such authorization is given. CARRIER ACKNOWLEDGES
AND AGREES THAT NEITHER BROKER NOR BROKER’S CUSTOMER MAKE ANY
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE TRAILER INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE.
h.
INDEMNIFICATION. CARRIER WILL INDEMNIFY, DEFEND AND HOLD HARMLESS BROKER,
ITS AFFILIATES AND ITS CUSTOMERS (AS INTENDED THIRD PARTY BENEFICIARIES) FROM
ANY AND AGAINST ALL LOSSES (as defined below) ARISING OUT OF OR IN CONNECTION
WITH THE TRANSPORTATION SERVICES PROVIDED UNDER THIS CONTRACT, INCLUDING
THE LOADING, UNLOADING, HANDLING, TRANSPORTATION, POSSESSION, CUSTODY, USE
OR MAINTENANCE OF CARGO OR EQUIPMENT OR PERFORMANCE OF THIS CONTRACT
(INCLUDING BREACH HEREOF) BY CARRIER OR ANY CARRIER REPRESENTATIVE. CARRIER’S
OBLIGATION TO INDEMNIFY AND DEFEND SHALL NOT BE AFFECTED BY ALLEGED
NEGLIGENCE OR WILLFUL MISCONDUCT OF BROKER, ITS AFFILIATES OR CUSTOMERS. IT
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IS THE INTENT OF THE PARTIES THAT THIS PROVISION BE CONSTRUED TO PROVIDE
INDEMNIFICATION TO BROKER, ITS AFFILIATES AND CUSTOMERS TO THE MAXIMUM
EXTENT PERMITTED BY LAW. IF THIS PROVISION IS FOUND IN ANY WAY TO BE
OVERBROAD, IT IS THE PARTIES INTENT THAT THIS PROVISION BE ENFORCED TO ALLOW
INDEMNIFICATION TO THE MAXIMUM EXTENT PERMISSIBLE. “Losses” mean any and all
losses, liabilities, obligations, personal injury, bodily injury, property damage, loss or theft
of property, damages, penalties, actions, causes of action, claims, suits, demands, costs
and expenses of any nature whatsoever, including reasonable attorneys’ and paralegals’
fees and other costs of defense, investigation and settlement, costs of containment,
cleanup and remediation of spills, releases or other environmental contamination and
costs of enforcement of indemnity obligations.
i.
HANDLING, LOADING AND SEALING.
i. CARRIER will comply with any freight handling instructions provided by BROKER,
shipper, consignor or consignee including, but not limited to, requirements
related to transportation of temperature-controlled shipments. Without limiting
the foregoing, CARRIER shall ensure that any shipment requiring controlled
temperature transit is maintained within the required temperatures at all times.
If CARRIER is transporting cargo of a type that a reasonable person would
understand to require controlled temperature transportation, but is not provided
with instructions regarding such service, CARRIER shall request such instructions
prior to receiving the cargo and, if controlled temperature service is declined,
shall use reasonable efforts to obtain such declination in writing.
ii. CARRIER shall be responsible for the safe loading and securement of the freight it
receives for transportation under this Agreement. If a shipment is loaded and
sealed prior to arrival of CARRIER’s personnel, CARRIER shall determine the
manner of loading and securing the freight prior to departing the origin facility.
CARRIER represents and agrees that each driver it utilizes shall be competent and
knowledgeable to manage or oversee the loading, securement, and
transportation of the freight it receives under this Agreement.
iii. When required by BROKER, the shipper or the consignor, CARRIER shall secure
shipments with a serialized seal. CARRIER shall ensure that the serialized seal
number appears on the bill of lading or other form of manifest or receipt. CARRIER
shall be solely responsible for maintaining seal integrity during transportation of
the shipment. Except as required by law enforcement personnel, under no
circumstances shall CARRIER, or any of its personnel, break any seal without the
authorization of BROKER or other authorized representative of the freight owner.
CARRIER shall immediately notify BROKER to report a missing or broken seal.
iv. In the event that law enforcement personnel require that CARRIER break any seal
on any shipment, CARRIER shall document the same on the bill of lading or other
form of manifest or receipt by noting the law enforcement agency, time, location,
and officer name and badge number. Upon completion of inspection by law
enforcement personnel, CARRIER’s personnel shall immediately re-seal the
shipment with a serialized seal and shall indicate the second seal number on the
bill of lading or other form of manifest or receipt. Furthermore, CARRIER shall, as
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soon as reasonably possible after being required to break a seal by law
enforcement personnel, communicate with BROKER and, if not BROKER, the bill
of lading parties.
j.
BROKER’S RECORDS. CARRIER hereby waives the right to obtain copies of BROKER’s
records as provided under 49 C.F.R. Part 371. Notwithstanding the foregoing, to the
extent that CARRIER obtains records set forth in 49 C.F.R. § 371.3 by any means
whatsoever, CARRIER agrees to refrain from utilizing such records in negotiating for the
provision of services with any third party, including BROKER’s customers. CARRIER further
agrees and understands that all such records comprise BROKER’s confidential information
and trade-secrets.
k.
WAIVER OF CARRIER’S LIEN. CARRIER is relying on the general credit of BROKER and
hereby waives and releases all liens which CARRIER might otherwise have against the
interest of any goods in its possession for the payment of freight and accessorial charges.
CARRIER shall not withhold any goods transported under this Agreement on account of
any dispute as to rates or any alleged failure of BROKER to pay charges incurred under
this Agreement.
l.
OTHER WAIVER. CARRIER’s Rules Circular (if any) and tariff rates or provisions (if any)
shall have no legal force or effect as to the subject matter of this Agreement, and the
terms of this Agreement shall supersede any such circulars, tariff rates and provisions.
Nothing in this Agreement is intended to waive any regulation or procedure governing
CARRIER’s compliance with registration, insurance and/or safety fitness required of motor
carriers under applicable governmental law.
4.
MISCELLANEOUS:
a.
INDEPENDENT CONTRACTOR: It is understood and agreed that the relationship between
each Participating BROKER and CARRIER is that of independent contractor. None of the
terms of this Agreement, or any act or omission of either Party shall be construed for any
purpose to express or imply a joint venture, partnership, principal/agent, fiduciary,
employer/employee relationship between any Participating BROKER and CARRIER.
CARRIER shall provide the sole supervision and shall have exclusive control over the
operations of its employees, contractors, subcontractors, agents, as well as all vehicles
and equipment used to perform its transportation services hereunder. BROKER has no
right to discipline or direct the performance of any driver and/or employees, contractors,
subcontractors, or agents of CARRIER.
b.
NON-EXCLUSIVE AGREEMENT: CARRIER and each Participating BROKER acknowledge and
agree that this Agreement does not obligate one another to an exclusive relationship. Any
party may enter into similar agreements with other carriers, brokers, or freight
forwarders.
c.
WAIVER OF PROVISIONS:
i. Failure of CARRIER of any Participating BROKER to enforce a breach or waiver of
any provision or term of this Agreement shall not be deemed to constitute a
waiver of any subsequent failure or breach, and shall not affect or limit the right
of such Party to thereafter enforce such a term or provision.
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ii. This Agreement is for specified services pursuant to 49 U.S.C. §14101(b). To the
extent that terms and conditions herein are inconsistent with Part (b), Subtitle IV,
of Title 49 U.S.C. (ICC Termination Act of 1995 or the Act”), the Parties expressly
waive any or all rights and remedies they may have under the Act.
d.
DISPUTES: In the event of a dispute arising out of this Agreement, including but not
limited to Federal or State statutory claims, the Parties hereby irrevocably submit to the
jurisdiction of the federal and state courts located within or serving Allegheny County, in
the Commonwealth of Pennsylvania, over any action or proceeding arising out of or
relating to this Agreement and agree that all claims in respect of such action or proceeding
may be heard and determined in any such court. Unless preempted or controlled by
federal transportation law and regulations, the laws of the Commonwealth of
Pennsylvania shall be controlling notwithstanding applicable conflicts of laws rules.
e.
NO BACK SOLICITATION:
i. Unless otherwise agreed in writing, CARRIER shall not solicit freight shipments (or
accept shipments) for a period of twelve (12) month(s) following termination of
this Agreement for any reason, from any shipper, consignor, consignee, or other
customer of any Participating BROKER, when such shipments of shipper
customers were first tendered to CARRIER by such Participating BROKER.
ii. In the event of breach of this provision, BROKER shall be entitled, for a period of
one (1) year following delivery of the last shipment transported by CARRIER under
this Agreement, to fifteen percent (15%) of the gross transportation revenue (as
evidenced by freight bills) invoiced by CARRIER for the transportation of said
freight as liquidated damages. In the event of violation of this paragraph 4(e), the
Parties agree that any remedy at law, including monetary damages, may be
inadequate, and that the Parties shall be entitled, in addition to any other remedy
they may have, to an injunction restraining the violating Party from further
violation of this Agreement in which case the prevailing Party shall be liable for
all costs and expenses incurred, including but not limited to reasonable attorney's
fees.
f.
CONFIDENTIALITY:
i. In addition to Confidential Information protected by law, CARRIER and each
Participating BROKER agree that their respective financial information, and that
of their customers, including but not limited to freight and brokerage rates,
amounts received for brokerage services, amounts of freight charges collected,
freight volume requirements, as well as personal customer information, customer
shipping or other logistics requirements shared or learned between the Parties
and their customers, shall be treated as confidential, and shall not be disclosed
or used for any reason without prior written consent.
ii. In the event of violation of this Confidentiality paragraph, the Parties agree that
any remedy at law, including monetary damages, may be inadequate, and that
the Parties shall be entitled, in addition to any other remedy they may have, to
an injunction restraining the violating Party from further violation of this
Agreement in which case the prevailing Party shall be liable for all costs and
expenses incurred, including but not limited to reasonable attorney's fees.
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g.
MODIFICATION/BENEFIT OF AGREEMENT: This Agreement may not be amended or
modified except by mutual written agreement, or the procedures set forth above (Pars
2.b and 2.c). This Agreement shall be binding upon, and inure to the benefit of, the Parties
hereto.
h.
NOTICES:
i.
All notices provided or required by this Agreement, shall be made in writing and
delivered, return receipt requested, to the addresses shown herein with postage
prepaid; or by confirmed (electronically acknowledged on paper) fax, or by
email with electronic receipt.
ii. The Parties shall promptly notify each other of any claim that is asserted against
either of them by anyone arising out of the Parties performance of this
Agreement.
iii. Notices sent as required hereunder, to the addresses shown in this Agreement
shall be deemed sent to the correct address, unless the Parties are notified in
writing of any changes in address.
i. CONTRACT TERM AND TERMINATION: The term of this Agreement shall be one year from
the date hereof. Thereafter, it shall automatically renew for successive one (1) year
periods, unless terminated upon thirty (30) days prior written notice, with or without
cause, by either a Participating BROKER or CARRIER at any time. In the event of
termination of this Agreement for any reason, the Participating BROKERS, as applicable,
and CARRIER shall be obligated to complete performance of any work in progress in
accordance with the terms of this Agreement.
i. A Participating BROKER may terminate this Agreement immediately in any of
the following events:
a.
CARRIER loses its operating authority or otherwise becomes disqualified
to perform its obligations under this Agreement;
b.
CARRIER breaches any covenant, obligation, condition, or requirement
imposed upon it by this Agreement, and such breach continues for a
period of ten (10) days after written notice thereof from BROKER to
CARRIER;
c.
CARRIER becomes insolvent or becomes unable to pay its debts in a
timely manner;
d.
CARRIER fails to comply with the performance metrics or selection
criteria, if any, imposed upon it at any time by a Participating BROKER;
e.
CARRIER fails to procure and maintain any of the insurance coverages
required by this Agreement; or
f.
CARRIER utilizes the services of any brokers or subcontracts
transportation of freight tendered by any BROKER hereunder to any third
party motor carrier or other transportation provider or utilizes a third
party logistics provider to perform its obligations under this Agreement
without prior written consent of the Participating BROKER.
ii. CARRIER may terminate this Agreement immediately if a Participating BROKER
breaches any covenant, obligation, condition, or requirement imposed upon it by
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this Agreement and such breach continues for a period of thirty (30) days after
written notice thereof from CARRIER.
j.
SEVERANCE; SURVIVAL: In the event any of the terms of this Agreement are determined
to be invalid or unenforceable, no other terms shall be affected and the unaffected terms
shall remain valid and enforceable as written. The representations, rights and obligations
of the parties hereunder shall survive termination of this Agreement for any reason.
k.
COUNTERPARTS; EXECUTION: This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be a duplicate original hereof. Further,
CARRIER expressly approves the execution of this Agreement for the benefit of each of
the Participating BROKER entities named, and which signatures are attached hereto.
Notwithstanding the forgoing, each shipment tendered to CARRIER under this Agreement
shall be deemed to be, and shall in fact be, tendered by the individual Participating
BROKER identified in the Load Confirmation Sheet sent to CARRIER or otherwise identified
to CARRIER. Upon acceptance by CARRIER, the BROKER named in the Load Confirmation
Sheet shall be the sole Participating BROKER making the shipment tender to CARRIER, to
the exclusion of the other listed entities.
l.
FAX CONSENT: The Parties to this Agreement are authorized to fax to each other at the
numbers shown herein, (or otherwise modified in writing from time to time) shipment
availabilities, equipment and rate promotions, or any advertisements of new services. The
Parties also consent to the use of email (using designated email addresses) to exchange
or communicate information that is permitted to be sent and received by fax.
m.
FORCE MAJEURE: In the event that either Party is prevented from performing any
obligation under this Agreement without its fault or negligence, due to war, riots,
rebellion, acts of God, acts of lawful authorities, fire, strikes, lockouts or other labor
disputes, such failures to perform (except for any payments due hereunder) shall be
excused for the duration of such condition. Periods of economic hardship(s), including,
but not limited to, recession and depression, shall not constitute Force Majeure events.
n.
ENTIRE AGREEMENT: Unless otherwise agreed in writing, this Agreement, and all
referenced items incorporated herein according to its terms, contains the entire
understanding of the Parties and supersedes all verbal or written prior agreements,
arrangements, and understandings of the Parties relating to the subject matter stated
herein. The Parties further intend that this Agreement constitutes the complete and
exclusive statement of its terms, and that no extrinsic evidence may be introduced to
reform this Agreement in any judicial or arbitration proceeding involving this Agreement.
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IN WITNESS WHEREOF, the Parties agree to be bound by the signatures of their duly authorized
representatives, and by doing so, represent and warrant that they accept and agree to the terms
contained in this BROKER-CARRIER AGREEMENT and have been or are specifically authorized to execute
the BROKER-CARRIER AGREEMENT on behalf of the organization they represent.
CARRIER
Company Name
Authorized Signature
Printed Name
Title
Company Address:
Phone
Fax
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Participating Brokers
Broker
Broker
Broker
R & R Express, Inc.
R & R Express Logistics, Inc.
GT Worldwide Logistics, LLC
Company Name
Company Name
Company Name
920564
297351
2244935
686931
2240296
619195
DOT#
MC#
DOT#
MC#
DOT#
MC#
Authorized Signature
Authorized Signature
Authorized Signature
Rich Francis
Rich Francis
Rich Francis
Printed Name
Printed Name
Printed Name
President
President
President
Title
Title
Title
Company Address:
Company Address:
Company Address:
R & R Express, Inc.
R & R Express Logistics, Inc.
GT Worldwide Logistics, LLC
100 Commerce Drive
100 Commerce Drive
100 Commerce Drive
Pittsburgh, PA 15275
Pittsburgh, PA 15275
Pittsburgh, PA 15275
Phone
Phone
Phone
800-223-8973
800-223-8973
800-223-8973
Fax
877-479-9421
Fax
877-479-9421
Fax
877-479-9421
Email
Email
Email
carrier@shiprrexp.com
carrier@shiprrexp.com
carrier@shiprrexp.com
Broker
Broker
Broker
Paradigm Transportation
Management Group, LLC
New WLE, LLC
DBA: Western Logistics Express
AM Transportation Services, LLC
Company Name
Company Name
Company Name
2820892
938207
2233370
507771
3594176
1218483
DOT#
MC#
DOT#
MC#
DOT#
MC#
Authorized Signature
Authorized Signature
Authorized Signature
John Gallardo
Larry Catlett
James Ray
Printed Name
Printed Name
Printed Name
President
Chief Operating Officer
President
Title
Title
Title
Company Address:
Company Address:
Company Address:
Paradigm
Transportation
Management
Group, LLC
New WLE, LLC
DBA: Western Logistics Express
AM Transportation Services, LLC
100 Commerce Drive
1401 Iron Street
100 Commerce Drive
Pittsburgh, PA 15275
North Kansas City, MO 64116
Pittsburgh, PA 15275
Phone
800-223-8973
Phone
800-223-8973
Phone
800-223-8973
Fax
Fax
Fax
877-479-9421
877-479-9421
877-479-9421
Email
Email
Email
carrier@shiprrexp.com
carrier@shiprrexp.com
carrier@shiprrexp.com
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Participating Brokers
Broker
New American Group, LLC
DBA American Group
Company Name
2244431 678778
DOT# MC#
Authorized Signature
Daniel Krivickas
Printed Name
President
Title
Company Address:
New American Group, LLC
DBA American Group
25 S Arizona Pl, Ste 300
Chandler, AZ 85225
Phone
480-406-6102
Email
truckload@shipag.com