TERMS & CONDITION

Section 1:  Agreement Between:

COMPANY:

1ST CLASS MOVING MN
6409 City West Parkway
Eden Prairie, MN 553444
612-605-9194| Fax: 800-928-1383
Lic.: U.S.DOT # 2086561 MC# 728169
www.1stclassmovingmn.com		CARRIER:

Section 2. Engagement:

A. CARRIER is a motor contract carrier of property authorized by the U.S. D.O.T. to provide transportation services designed to meet distinct needs of the COMPANY. The carrier listed above agrees to provide and perform interstate hauling sub-contracting services as independent contractors for domestic relocation services. CARRIER is responsible for maintaining and managing a staff of employees in full compliance with all applicable law. CARRIER is responsible for hiring, training and paying their staff of employees to complete the tasks associated under this agreement.

B.  CARRIER herein after “COMPANY” agrees to offer for shipment and CARRIER agrees to transport by motor vehicle from and to such points between which service may be required, such quantities of authorized commodities as COMPANY may require, subject to the availability of suitable equipment. 

Section 3: Term of Service:

A. CARRIER shall provide services pursuant to this Agreement for a term commencing on the date of execution and ending upon the written termination of this agreement. Over the term of this agreement, each party may undertake shipments on a case by case basis and can refuse to undertake a shipment without cause or explanation.

Section 4: Place and time of Work:

A. As an independent contractor CARRIER shall render services primarily at their own discretion and as necessary to perform duties contained under the terms of this agreement. Each pickup and delivery or transportation from facility to facility must conform with the general requirements of reasonable dispatch and be within the shippers guaranteed delivery window.

Section 5:  Charges for Service:

A. COMPANY shall offer shipments to CARRIER verbally quoting rate, charge or other compensation applicable. This agreement must be confirmed in writing by a work order which specifies the rate for the job, CARRIER, exercising its sole judgment, shall determine if the proffered compensation is acceptable and shall affirmatively accept or reject the shipment(s). CARRIER is responsible for collecting funds from the COMPANY’s customer or the customer’s representative on delivery, if such collection requested by the COMPANY.

Section 6: Termination of the agreement:

A. Either party may upon delivery of 30 (thirty) day written notice may cause the termination of this agreement without cause or explanation.  The party terminating the contract must complete all jobs, deliveries, shipments, or orders already in progress even if they extend beyond the 30 day notice.

Section 7:  Equipment and Performance:

A. Each party must maintain proper working equipment in good order, fully insured, and properly licensed by appropriate state local and federal agencies. If damage or injury to a shipper’s goods are a direct and undisputed result of the negligence of a CARRIER then CARRIER will be responsible for any and all claims of loss or damage for which it is directly or indirectly responsible through acts, omissions, errors, negligence or willful conduct. Each party to this agreement must ensure that each vehicle used in the transportation of goods is fully serviced and in compliance with local, state, and federal commercial motor vehicle laws and regulations.

Section 8: Limitation of Liability:

A. COMPANY is completely indemnified from any and all liability assessed to the CARRIER by virtue of the CARRIER’s employees, drivers, operators, crew, agents, independent contractors or designated representatives.  Both parties must have U.S. D.O.T. minimum approved insurance coverage for cargo and general liability.

B. CARRIER must have insurance coverage protecting against the liability of its workers and the applicable state workers compensation minimum insurance coverage.  CARRIER will be liable for the failure to tender or timely transport freight under this AGREEMENT.  CARRIER will not be liable for late delivers if such failure, delay or other omission is caused by strikes, acts of God, war, civil disorder, or through compliance with legally constituted order or civil or military authorities. CARRIER shall be liable to the COMPANY for loss or damage to any property transported under this AGREEMENT. Such liability shall begin at the time cargo is loaded upon CARRIER’s equipment at point of origin, and continue until said cargo is delivered to the designated consignee at destination, or to any intermediate stop off party. In all cases, COMPANY’s liability shall not be limited to the minimum valuation governing interstate shipments of household goods or $0.60 per pound per article. 

Section 9: Drivers and Crew: 

A. CARRIER must employ or contract properly licensed and trained drivers/operators and crewmembers.  The actual employer of the driver/operator/crew member is liable and responsible for all the actions of their respective worker.

Section 10: Insurance and Authority:

A. Each party to this agreement must have U.S. D.O.T. and State minimum approved insurance coverage for cargo and general liability and authority. Additionally, each party to this agreement must have insurance coverage protecting against the liability of its workers and the applicable state workers compensation minimum insurance coverage.

Section 11: Severability, Changes, Modifications, Entire Agreement:

A. If any part of this contract is found to be unlawful or invalid, the remaining terms and conditions shall still be enforceable. This agreement constitutes an entire agreement. No alterations, modifications, addendums, or changes can be made without the express written consent of both parties.  No other agreement, written or otherwise will effect the terms and conditions of this agreement. Each party has read and agrees to each and every terms and condition descried above.

Section 12: Jurisdiction: 

A. If a lawsuit becomes necessary to resolve any dispute between the parties based upon this agreement, said suit shall and must only be brought in a Hennepin County, MN court. Both parties agree to submit themselves to the jurisdiction of the above listed courts and agree given the relationship to the state, such exercise is reasonable and lawful.

Section 13: Mandatory Arbitration:

A. All legal claims concerning this agreement or performance therein are required as mandatory to be submitted through Arbitration, through JAMS Arbitration. Each party is responsible for their own costs associated with arbitration. A benefit to the arbitration alternative may be that it is less expensive than traditional litigation. Each party is responsible for 50% of the costs associated with securing the arbitrator and 100% of their own expenses, including but not limited to attorney fees. If the arbitration alternative is chosen, then any decision made by the arbitrator may be binding. Additionally, an arbitration decision may not be appealed in a court of law.

Section 13: Entire Agreement and Confidentiality:

A. This AGREEMENT contains the entire agreement between the parties and may not be altered or amended or modified, except in writing and signed by both parties.

B. Confidentiality: Given the nature of this contract as it involves moving personal property, both parties agree to hold as confidential all events, transactions, circumstances, agreements, terms and conditions, and actions of either party. 

Each party has read and agreed to each and every term as outlined above. Addendums or stipulation to this agreement or changes once undertaken shall be outlined in writing or by other agreement between the parties.

For the purpose of establishing standard operating procedures and compensation, in connection with the exchange of shipments between motor carriers and/or freight forwarders, by signing below, the CARRIER hereby acknowledges and agrees to the terms and conditions applicable to this Agreement. The CARRIER hereby releases, indemnifies and holds harmless, COMPANY its shareholders, directors, officers, agents and/or affiliates from any and all liabilities, claims or wrongdoing arising from the CARRIER’s performance of services under the terms of this Agreement. The CARRIER further agrees to release, indemnify and hold harmless COMPANY its shareholders, directors, officers, agents and/or affiliates from any monetary damages or loss if the CARRIER operates outside the scope of this Agreement or the applicable law.