Shipper–Broker Agreement Generator

Services and authority

1.1 Broker services. Broker will arrange transportation of shipper’s freight through properly authorized motor carriers and will coordinate tenders, rates, and documentation as described above.

1.2 Broker authority. Broker represents that it holds active property broker authority and will maintain it during the term. Broker will provide its MC number and insurance certificate on request.

1.3 Carrier selection. Broker will select carriers that hold the authority and insurance required for the shipment. Broker does not itself transport freight unless separately disclosed in writing.

1.4 No guarantee of capacity. Broker will use reasonable efforts to arrange capacity but does not guarantee equipment availability, transit times, or acceptance of any particular tender.

Tenders and performance

2.1 Tender requirements. Shipper will provide accurate pickup and delivery information, commodity details, weight, handling requirements, and appointment constraints. Broker may rely on that information when arranging transportation.

2.2 Acceptance. A load is booked when the parties confirm the rate and details in writing, including by rate confirmation or load tender. The confirmed load terms control for that shipment.

2.3 Service standards. Broker will communicate pickup and delivery status and promptly notify shipper of delays, exceptions, or service failures known to broker.

2.4 Facility requirements. Shipper is responsible for facility access, loading and unloading conditions, and any appointment, detention, or accessorial rules at its facilities.

Rates, invoices, and payment

3.1 Rates. Shipper will pay the rate confirmed for each load. Accessorial charges require the shipper’s agreement or a documented basis in the load confirmation.

3.2 Invoices. Broker will submit invoices identifying the load, rate, accessorials, and supporting delivery documentation. Shipper may request correction of incomplete invoices.

3.3 Payment timing. Shipper will pay undisputed amounts by the payment terms stated above. Disputed amounts must be identified in writing with a reason; undisputed amounts remain payable.

3.4 Setoff. Shipper may set off amounts owed to it that are not in dispute and arise from the same shipment or a documented claim, to the extent permitted by law.

Liability and claims

4.1 Cargo claims. Cargo loss or damage claims are handled with the performing carrier under applicable law and the carrier’s tariffs or contracts. Broker will assist shipper in submitting and pursuing claims.

4.2 Claims notice. Shipper will notify broker of cargo loss or damage within the period stated above or as required by law, and will provide supporting documents reasonably requested.

4.3 Broker liability. Broker is responsible for its own negligent acts in arranging transportation. Broker is not the motor carrier and does not assume carrier liability for cargo unless separately agreed in writing.

4.4 Insurance. Broker will maintain the coverage described above and provide certificates on request. Broker’s contingent coverage does not replace the carrier’s primary auto liability or cargo coverage.

Confidentiality and compliance

5.1 Confidential information. Each party will protect non-public information received from the other, including pricing, customer data, and shipment details, and will use it only to perform this agreement.

5.2 Compliance. Each party will comply with applicable transportation, safety, sanctions, and anti-corruption laws. Shipper is responsible for accurate commodity and hazard classifications it provides.

5.3 Data handling. Each party will use reasonable safeguards for personal and shipment data and will notify the other of a material breach affecting shared data.

Term and general

6.1 Term and termination. This agreement continues for the term stated above and renews as stated unless either party gives the required notice. Either party may terminate for material breach or loss of required authority or insurance.

6.2 Survival. Payment, claims, indemnity, confidentiality, and recordkeeping obligations survive termination.

6.3 Independent contractor. Broker is an independent contractor. Nothing in this agreement creates an employment, partnership, or joint venture relationship.

6.4 Entire agreement. This agreement and each confirmed load form the entire agreement on their subject. Amendments must be in writing and signed by both parties.