Dispatcher–Carrier Agreement Generator

Services and scope

1.1 Services and broker communications. Dispatcher will provide only the dispatch services described in the key terms, including coordinating with brokers, shippers, and facilities under Carrier’s written instructions. Dispatcher may communicate Carrier-approved load terms but may not accept a load, change a rate or material term, or otherwise bind Carrier without Carrier’s express authorization.

1.2 No forced dispatch. Carrier has sole discretion to accept or reject each load. Dispatcher will present available load information and Carrier may decline any load without penalty, obligation to haul, or loss of the right to review other loads. No load is accepted until Carrier affirmatively accepts it.

1.3 No brokerage authority granted. This agreement authorizes dispatch and administrative services only; it does not authorize Dispatcher to arrange transportation as a property broker, hold itself out as a broker, accept loads in its own name, or bind Carrier. Any separate brokerage activity must be covered by a distinct written agreement and performed under any authority required by applicable law.

1.4 Carrier control. Carrier retains exclusive control over its equipment, drivers, safety compliance, hours of service, and the manner of performing transportation. Dispatcher does not direct drivers on safety-sensitive matters.

Fees, invoicing, and payment

2.1 Fees. Carrier will pay Dispatcher the fee described above for each load Dispatcher sources and coordinates. The fee applies only to loads accepted by Carrier through Dispatcher during the term.

2.2 Invoicing. Dispatcher will provide a written statement or invoice identifying each load, the gross linehaul, the fee, and any deductions. Carrier may request supporting documentation.

2.3 Payment. Carrier will pay undisputed amounts by the payment timing stated above. Either party may dispute an amount in writing, and the undisputed portion remains payable.

2.4 No factoring of broker receivables. This agreement does not assign or factor Carrier’s receivables. Any factoring or payment-assignment arrangement must be documented separately with the affected parties.

Carrier responsibilities

3.1 Operating authority and insurance. Carrier represents that it holds active motor carrier operating authority, maintains required insurance, and will provide certificates or verification on request. Carrier is solely responsible for its own regulatory compliance.

3.2 Load performance. Carrier will pick up and deliver accepted loads within the agreed windows, communicate delays promptly, and provide proof of delivery and other documents required by the broker or shipper.

3.3 Driver and equipment. Carrier is responsible for driver qualification, drug and alcohol testing, hours-of-service compliance, equipment condition, and all wages, taxes, and benefits of its personnel.

3.4 Cargo claims. Carrier will handle cargo claims arising from its performance and will cooperate with Dispatcher and the broker in investigating and resolving claims. Nothing in this agreement shifts Carrier’s statutory or contractual cargo liability.

Confidentiality and conduct

4.1 Confidential information. Each party will protect non-public business information received from the other, including rates, customer identities, and operational data, and will use it only to perform this agreement.

4.2 No circumvention. During the term and for a reasonable period after termination, Carrier will not use confidential broker or customer information obtained through Dispatcher to bypass Dispatcher on the same active transaction. This clause does not restrict Carrier from accepting loads offered directly by a broker.

4.3 Independent contractor. Dispatcher is an independent contractor. Nothing in this agreement creates an employment, partnership, joint venture, or agency relationship beyond the limited authority to coordinate described loads.

Term and termination

5.1 Term. This agreement begins on the effective date and continues for the term stated above unless terminated earlier.

5.2 Termination. Either party may terminate as stated above. Termination does not affect fees earned on loads accepted before termination or obligations that by their nature survive.

5.3 Effect of termination. On termination, Dispatcher will return or destroy confidential information on request, and each party will promptly reconcile outstanding fees and documentation.

General

6.1 Governing law. This agreement is governed by the laws of the state identified in the key terms or, if none is stated, the state where Carrier is organized, without regard to conflict-of-law rules.

6.2 Entire agreement. This document, together with any signed addenda, is the entire agreement on its subject and supersedes prior discussions. Changes must be in writing and signed by both parties.

6.3 Severability. If a provision is unenforceable, the remaining provisions stay in effect and the unenforceable provision will be limited to the minimum extent necessary.