This is a basic Transportation Brokerage Agreement for when someone needs a logistics company to arrange shipments. The contract is fair to both parties but its written from the Broker’s perspective and, thus, limits the Broker’s liability.
Here it is in MS Word format.
Key aspects covered:
1. Charges and rates for each shipment are provided in Appendix A. This can be easily attached to the main contract.
2. Broker and Carriers must maintain adequate insurance.
3. Broker and Shipper shall indemnify each other from any loss or damage incurred as a direct result of the other party’s negligent acts or omissions.
4. Broker shall have a lien on all of Shipper freight in Broker’s possession for the total amount owed to Broker for all freight charges, storage and charges for related services.
5. Limited Liability. Broker shall not be liable, under any circumstances, to Shipper for the loss or damage to Shipper’s goods. Liability, if any, for such losses and damages to Shipper shall be borne solely by the carriers. Broker’s liability to Shipper is limited to the total compensation for services paid to Broker under this Agreement.
6. In no event will either party be liable to the other for any lost revenues, lost profits, incidental, indirect, consequential, special or punitive damages.
7. Force Majeure events excuse non-performance or defective performance under this Agreement. Nevertheless, the parties must still pay what they owe regardless of whether there is Force Majeure or not.
8. Parties are independent contractors, not partners or employees of the other party.
been provided by Broker, Shipper agrees to pay for Broker’s Services based on Broker’s standard pricing model. Shipper agrees to pay Broker, without deduction or setoff, within fifteen (15) days of receiving the invoice, with interest for late payments accruing monthly at a rate of one percent (1%). Shipper shall also be liable for any expenses, including attorney fees, Broker incurs in collecting its rates and charges. All references to dollars, currency, and money shall mean US Dollars ($US).