Carrier Packet
Carrier Packet
Carrier Packet
~Thank you~
TRIDDER Industrial, LLC
P.O. Box 955
Plains, Texas 79355
Ph. 800.586.2950 Ext 1
Fax 800.586.2950
Email: [email protected]
MC# 1008038
Please complete and return via email or fax
Name:
Signature: Date:
BROKER - CARRIER AGREEMENT
This Agreement is entered into this _____ day of , 20 __ , by and between Tridder Industrial, LLC
("BROKER"), a Registered Property Broker, Lic. No. DOT/MC 3127907/1008038, and
_______________________________, a Registered Motor Carrier,
Permit/Certificate No. DOT ______________ ("CARRIER"); collectively, the "Parties". ("Registered" means operated
under authority issued by the Federal Motor Carrier Safety Administration (or its predecessors) within the U.S.
Department of Transportation).
A. Is a Registered Motor Carrier of Property authorized to provide transportation of property under contracts
with shippers and receivers and/or brokers of general commodities.
B. Shall transport the property, under its own operating authority and subject to the terms of this Agreement;
C. Makes the representations herein for the purpose of inducing BROKER to enter into this Agreement.
D. Agrees that a Shipper’s insertion of BROKER’s name as the carrier on a bill of lading shall be for the Shipper’s
convenience only and shall not change BROKER’s status as a property broker nor CARRIER’s status as a motor carrier.
BROKER is not a motor carrier and assumes no motor carrier responsibility for cargo loss and damage in the event that
the National Motor Freight Traffic Association (NMFTA) (effective in August 2016), form of bill of lading is utilized.
E. 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, without prior written consent of
BROKER. If CARRIER breaches this provision, among all other remedies (whether at equity or in law), BROKER shall have
the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER. Upon
BROKER’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this
Agreement or otherwise, including any claims under MAP-21 (49 U.S.C. § 13901 et seq.). In addition to the indemnity
obligation in Par 1.H, CARRIER will be liable for consequential damages for violation of this provision.
F. (i) Is in, and shall maintain compliance during the term of this Agreement, with all applicable federal, state and local
laws relating to the provision of its services including, but not limited to: transportation of Hazardous Materials (including the
licensing and training of Haz-Mat qualified drivers), as defined in 49 C.F.R. §172.800, §173, and §397 et seq. to the extent
that any shipments hereunder constitute Hazardous Materials; security regulations; owner/operator lease regulations;
loading and securement of freight regulations; implementation and maintenance of driver safety regulations including, but
not limited to, hiring, controlled substances and alcohol testing, and hours of service regulations; sanitation, temperature,
and contamination requirements for transporting food, perishable, and other products, including without limitation the Food
Safety Modernization Act, the Sanitary Food Transportation Act of 2005 and the FDA’s Final Rule pertaining to Sanitary
Transportation of Human and Animal Food, qualification and licensing and training of drivers; implementation and
maintenance of equipment safety regulations; maintenance and control of the means and method of transportation
including, but not limited to, performance of its drivers; all applicable insurance laws and regulations including but not limited
to workers’ compensation. CARRIER agrees to provide proof of compliance upon request.
(ii) Is solely responsible for any and all management, governing, discipline, direction and control of its employees,
owner/operators, and equipment with respect to operating within all applicable federal and state legal and regulatory
requirements to ensure the safe operation of CARRIERS vehicles, drivers and facilities. CARRIER and BROKER agree that safe
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and legal operation of the CARRIER and its drivers shall completely and without question govern and supersede any
service requests, demands, preferences, instructions, and information from BROKER or BROKER’s customer with respect
to any shipment at any time.
G. CARRIER will notify BROKER immediately if its federal Operating Authority is revoked, suspended or rendered
inactive for any reason; and/or 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.
. CARRIER shall defend, indemnify and hold BROKER and its shipper customer harmless from any claims, actions or
damages, arising out of its performance under this Agreement, including cargo loss and damage, theft, delay, damage to
property, and personal injury or death. The obligation to defend shall include all costs of defense as they accrue.
H. Does not have an “Unsatisfactory” safety rating issued 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”. Authorizes BROKER to invoice CARRIER’s freight charges to shipper, consignee, or third
parties responsible for payment.
I. Has investigated, monitors, and agrees to conduct business hereunder based on the credit-worthiness of BROKER
and is granting BROKER credit terms accordingly.
J. On behalf of shipper, consignee and broker interests, to the extent that any shipments subject to this Agreement
are transported within the State of California on refrigerated equipment, CARRIER warrants that it shall only utilize
equipment which is in full compliance with the California Air Resources Board (CARB) Transport Refrigerated Unit (TRU)
Airborne Toxic Control Measure (ATCM) in-use regulations. CARRIER shall be liable to BROKER for any penalties, or any
other liability, imposed on, or assumed by BROKER due to penalties imposed on BROKERS customer because of
CARRIER's use of non-compliant equipment.
2. BROKER RESPONSIBILITIES:
A. SHIPMENTS, BILLING & RATES: BROKER shall inform CARRIER of (i) place of origin and destination of all
shipments; and (ii) if applicable, any special shipping and handling instructions, special equipment requirements, or value
of shipments in excess of the amount specified in Par. 3C(vi) below, of which BROKER has been timely notified.
B. BROKER agrees to conduct all billing services to shippers, consignees, or other party responsible for payment.
CARRIER shall invoice BROKER for its (CARRIER’s) charges, as mutually agreed in writing, by fax, or by electronic means,
contained in BROKER’s Load Confirmation Sheet(s) / dispatch sheets incorporated herein by this reference. Additional rates
for truckload or LTL shipments, or modifications or amendments of the above rates, or additional rates, may be established
to meet changing market conditions, shipper requirements, BROKER 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.
C. RATES: Additionally, any rates, which may be verbally agreed upon, shall be deemed confirmed in writing where
CARRIER has billed the agreed rate and BROKER has paid it. All written confirmations of rates, including confirmations by
billing and payment, shall be incorporated herein by this reference. Rates or charges, including but not limited to stop-offs,
detention, loading or unloading, fuel surcharges, or other accessorial charges, tariff rates, released rates or values, or tariff
rules or circulars, shall only be valid when their terms are specifically agreed to in a writing signed by both Parties.
D. PAYMENT: The Parties agree that BROKER is the sole party responsible for payment of CARRIER's charges. Failure of
BROKER to collect payment from its customer shall not exonerate BROKER of its obligation to pay CARRIER. BROKER agrees
to pay CARRIER's invoice within 30 days of receipt of the bill of lading or proof of delivery, provided CARRIER is not in
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default under the terms of this Agreement. If BROKER has not paid CARRIER's invoice as agreed, and CARRIER has
complied with the terms of this Agreement, CARRIER may seek payment from the Shipper or other party responsible for
payment after giving BROKER 30 (business days) advance written notice. CARRIER shall not seek payment from Shipper,
consignees, or third parties, if they can prove payment to BROKER.
E. BOND: BROKER shall maintain a surety bond /trust fund as agreed to in the amount of $75,000.00 and on file
with the Federal Motor Carrier Safety Administration (FMCSA) in the form and amount not less than that required by that
agency’s regulations.
F. BROKER will notify CARRIER immediately if its federal Operating Authority is revoked, suspended or rendered
inactive for any reason; and/or 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. BROKER’s responsibility is limited to arranging for, but not actually performing, transportation of a shipper’s freight.
3. CARRIER RESPONSIBILITIES:
A. EQUIPMENT: Subject to its representations and warranties in Paragraph 1 above, CARRIER agrees to provide the
necessary equipment and qualified personnel for completion of the transportation services required for BROKER and/or its
customers. CARRIER will not supply equipment that has been used to transport hazardous wastes, solid or liquid, regardless
of whether they meet the definition in 40 C.F.R. §261.1 et. seq. CARRIER will furnish equipment for transporting cargo which
is sanitary, and free of any contamination, suitable for the particular commodity being transported and which will not cause
in whole or in part adulteration of the commodity as defined in 21 U.S.C § 342. CARRIER agrees that all shipments will be
transported and delivered with reasonable dispatch, or as otherwise agreed in writing.
B. BILLS OF LADING: CARRIER shall sign a bill of lading, produced by shipper or CARRIER in compliance with 49 C.F.R.
§373.101 (and any amendments thereto), for the property it receives for transportation under this Agreement. Unless
otherwise agreed in writing, CARRIER shall become fully responsible/liable for the freight when it takes/receives possession
thereof, and the trailer(s) is loaded, regardless of whether a bill of lading has been issued, and/or signed, and/or delivered
to CARRIER, and which responsibility/liability shall continue until delivery of the shipment to the consignee and the
consignee signs the bill of lading or delivery receipt. Any terms of the bill of lading (including but not limited to payment
and credit terms, released rates or released value) inconsistent with the terms of this Agreement shall be ineffective.
Failure to issue a bill of lading, or sign a bill of lading acknowledging receipt of the cargo, by CARRIER, shall not affect the
liability of CARRIER.
(ii) CARRIER’s liability for any cargo damage, loss, or theft from any cause shall be determined under the Carmack
Amendment, 49 U.S.C. §14706 if applicable; however, liability for exempt commodities and processing cargo loss and
damage claims shall be determined by: DRC Trading Practices, or Blue Book Transportation Guidelines, or NAPTWG Best
Practices by agreement of the Parties and if no agreement then by one of the above associations’ guidelines named above
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at the selection of the BROKER. and
(iii) Special Damages: CARRIER’s indemnification liability (Par 1.H) for freight loss and damage claims under this
sub-par C (ii) shall include legal fees which shall constitute special damages, the risk of which is expressly assumed by
CARRIER, and which shall not be limited by any liability of CARRIER under Subp. (ii) above.
(iv) Except as provided in Par 1.E above, neither Party shall be liable to the other for consequential damages
without prior written notification of the risk of loss and its approximate financial amount, and agreement to assume such
responsibility in writing.
(v) Notwithstanding the terms of 49 CFR 370.9, CARRIER shall pay, decline or make settlement offer in writing on
all cargo loss or damage claims within 7 days of receipt of the claim. Failure of CARRIER to pay, decline or offer
settlement within this 7 day period shall be deemed admission by CARRIER of full liability for the amount claimed and a
material breach of this Agreement.
D. INSURANCE: CARRIER shall furnish BROKER with Certificate(s) of Insurance, or insurance policies providing thirty (30)
days advance written notice of cancellation or termination, and unless otherwise agreed, subject to the following minimum
limits: General liability $1,000,000.00; motor vehicle (including hired and non-owned vehicles) $1,000,000.00, ($5,000,000 if
transporting hazardous materials including environmental damages due to release or discharge of hazardous substances);
cargo damage/loss, $100,000.00; workers’ compensation with limits required by law. Except for the higher coverage limits
which may be specified above, the insurance policies shall comply with minimum requirements of the Federal Motor Carrier
Safety Administration and any other applicable regulatory state agency. Nothing in this Agreement shall be construed to
avoid or limit CARRIER’s liability due to any exclusion or deductible in any insurance policy.
E. ASSIGNMENT OF RIGHTS: CARRIER automatically assigns to BROKER all its rights to collect freight charges
from Shipper or any responsible third party on receipt of payment of its freight charges from BROKER.
F. CARRIER assumes full 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 in the performance of its transportation services hereunder. BROKER shall not be liable for
any of the payroll-related tax obligations specified above and CARRIER shall indemnify, defend, and hold BROKER
harmless from any claim or liability imposed or asserted against BROKER for any such obligations.
4. MISCELLANEOUS :
A. INDEPENDENT CONTRACTOR: The relationship of the Parties to each other shall at all times be that of independent
contractors. 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, or employer/employee relationship
between the Parties. Each Party shall provide sole supervisions and shall have exclusive control over the actions and
operations of its employees, and agents used to perform its services hereunder. Neither Party has any right to control,
discipline or direct the performance of any employees, or agents of the other Party. Neither Party shall represent to any
party that it is anything other than an independent contractor in its relationship to the other Party.
B. NON-EXCLUSIVE AGREEMENT: CARRIER and BROKER acknowledge and agree that this contract does not bind
the respective Parties to exclusive services to each other. Either party may enter into similar agreements with other
carriers, brokers, or freight forwarders.
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C. WAIVER OF PROVISIONS:
(i) Failure of either Party 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 either Party
to thereafter enforce such a term or provision.
(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), 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 Party's sole recourse (except as provided below) shall be to arbitration. Proceedings shall be conducted
under the rules of the American Arbitration Association (AAA), upon mutual agreement of the Parties, or if no agreement, then
at BROKER’s sole discretion. Arbitration proceedings shall be started within eighteen (18) months from the date of delivery or
scheduled date of delivery of the freight, whichever is later. Upon agreement of the Parties, arbitration proceedings may be
conducted outside of the administrative control of the AAA, ADR, or DRC. The decision of the arbitrators shall be binding and
final and the award of the arbitrator may be entered as judgment in any court of competent jurisdiction. The rationale and
reasoning of the decision of arbitrator(s) shall be fully explained in a written opinion. The prevailing party shall be entitled to
recovery of costs, expenses and reasonable attorney fees as well as those incurred in any action for injunctive relief, or in the
event further legal action is taken to enforce the award of arbitrators.
Arbitration proceedings shall be conducted at the office of the AAA nearest Plains, Texas or such other
place as mutually agreed upon in writing, or by conference call or video conferencing upon agreement of the Parties, or
as directed by the acting arbitration association. Provided, however, either Party may apply to a court of competent
jurisdiction for injunctive relief. Unless preempted or controlled by federal transportation law and regulations, the laws of
the State of Texas shall be controlling notwithstanding applicable conflicts of laws rules. The arbitration provisions of this
paragraph shall not apply to enforcement of the award of arbitration.
(i) (BROKER INITIAL_____; CARRIER INITIAL____) Subject to the time limitation set forth in Subp.
D above, for disputes where the amount in controversy exceeds $10,000.00, BROKER shall have the right, but not the
obligation, to select litigation in order to resolve any disputes arising hereunder. In the event of litigation, the prevailing
Party shall be entitled to recover costs, expenses and reasonable attorney fees, including but not limited to any incurred
on appeals.
(ii) Venue, controlling law, and jurisdiction in any legal proceedings under Subp. i above shall be in the State of Texas
.
E. NO BACK SOLICITATION:
(i) Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or accept
shipments) for a period of 12 month(s) following termination of this agreement for any reason, from any shipper,
consignor, consignee, or other customer of BROKER, when such shipments of shipper customers were first tendered to
CARRIER by BROKER.
(OPTIONAL)
(ii) In the event of breach of this provision, BROKER shall be entitled, for a period of 12 months following
delivery of the last shipment transported by CARRIER under this Agreement, to a commission of 30 percent (30%) of the
gross transportation revenue (as evidenced by freight bills) received by CARRIER for the transportation of
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said freight as liquidated damages. Additionally, BROKER may seek injunctive relief and in the event it is successful, CARRIER
shall be liable for all costs and expenses incurred by BROKER, including, but not limited to, reasonable attorney's fees.
F. CONFIDENTIALITY:
(i) In addition to Confidential Information protected by law, statutory or otherwise, the Parties agree that all of
their 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 the 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.
G. The limitations of liability for cargo loss and damage as well as other liabilities, arising out of the transportation of
shipments, which originate outside the United States of America, may be subject to the laws of the country of origination.
H. MODIFICATION OF AGREEMENT: This Agreement and Exhibit A et. seq. attached may not be amended, except by
mutual written agreement, or the procedures set forth above (Pars 2.B and 2.C).
i. Should CARRIER modify any provision of this agreement, whether in handwritten form, modified text or
otherwise, such amendment shall not be effective, unless BROKER has initialed such change in close proximity
thereto evidencing BROKER’s specific acceptance of such modification.
ii. Additionally, the provisions of this Agreement shall be deemed to supersede and shall prevail over any conflicting
terms set forth in any load confirmation, rate confirmation, dispatch sheet or other document pertaining to this
Agreement, whether any such document was signed prior to, contemporaneously with or subsequent to execution
of this Agreement.
I. 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.
J. CONTRACT TERM: The term of this Agreement shall be one year from the date hereof and thereafter it shall
automatically be renewed for successive one (1) year periods, unless terminated, upon thirty (30) day's prior written
notice, with or without cause, by either Party at any time, including the initial term. In the event of termination of this
Agreement for any reason, the Parties shall be obligated to complete performance of any work in progress in accordance
with the terms of this Agreement.
K. 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.
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L. COUNTERPARTS: This Agreement may be executed in any number of counterparts each of which shall be deemed
to be a duplicate original hereof.
M. 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.
N. FORCE MAJEURE. In the event that either Party is prevented from performing its obligations under this Agreement
because of an occurrence beyond its control and arising without its fault or negligence, including without limitation, 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 occurrence. Economic
hardships, including, but not limited to, recession and depression, shall not constitute Force Majeure events.
O. ENTIRE AGREEMENT: Unless otherwise agreed in writing, this Agreement 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, whether any such document was signed prior to, contemporaneously with or subsequent
to execution of this Agreement. 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.
IN WITNESS WHEREOF, we have signed this Agreement the date and year first shown above.
TRIDDER Industrial, LLC
(BROKER) (CARRIER)
800.586.2950 800.586.2950
Phone Fax Phone Fax
[email protected]
E-Mail E-Mail
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USDOT Number: 3127907
A Federal Agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current
valid OMB Control Number. The OMB Control Number for this information collection is 2126-0017. Public reporting for this collection of information
is estimated to be approximately 10 minutes per response, including the time for reviewing instructions, gathering the data needed, and completing and
reviewing the collection of information. All responses to this collection of information are mandatory. Send comments regarding this burden estimate or
any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal
Motor Carrier Safety Administration, MC-RRA, Washington, D.C. 20590.
FORM BMC-85
KNOW ALL MEN BY THESE PRESENTS, that we, Tridder Industrial LLC ,
(Name of Broker or Freight Forwarder)
a financial institution created and existing under the laws of the State of California as TRUSTEE (hereinafter called Trustee)
(State)
hold and firmly bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Trustor is or intends to become either a Broker or a Freight Forwarder pursuant to the provisions of the Title 49 U.S.C. 13904,
and the rules and regulations of the Federal Motor Carrier Safety Administration (FMCSA) relating to insurance or other security for the
protection of motor carriers and shippers, and has elected to file with the Federal Motor Carrier Safety Administration such a Trust Fund
Agreement as will ensure financial responsibility and the supplying of transportation subject to the ICC Termination Act of 1995 in accordance
with contracts, agreements, or arrangements therefor, and
WHEREAS, this Trust Fund Agreement is written to assure compliance by the Trustor as either a licensed Broker or a licensed Freight
Forwarder of Transportation by motor vehicle with 49 U.S.C 13906(b), and the rules and regulations of the Federal Motor Carrier Safety
Administration, relating to insurance or other security for the protection of motor carriers or shippers, and shall inure to the benefit of
any and all motor carriers or shippers to whom the Trustor may be legally liable for any of the damages herein described.
NOW, THEREFORE, the trustor and trustee, to accomplish the above, agree as follows:
1. Trustee agrees that payments made pursuant to the security provided herein to shippers and motor carriers pursuant to this Agreement
will be made exclusively and directly to shippers or motor carriers that are parties to contracts, agreements or arrangements with Trustor.
2. Trustee agrees that the protection afforded to shippers and motor carriers hereby will continue until any and all claims made by
shippers or motor carriers for which Trustor may be legally liable have been settled or until the funds deposited by Trustor pursuant
to this Agreement have been exhausted, whichever comes first.
3. The parties hereto acknowledge and certify that said Trustee shall exclusively manage the security and trust fund, as herein set forth,
and shall have legal title to the security and trust fund, pursuant to the terms and conditions as set forth in this agreement. Further,
the parties hereto, and the said Trustee, as evidenced by their signatures to this agreement, acknowledge and certify that (a) said
Trustee, neither has nor expects to have any interest, financial, proprietary, or otherwise, whatsoever, in Trustor; and (b) said Trustor,
neither has nor expects to have any interest, financial, proprietary, or otherwise, whatsoever, in Trustee.
4. Trustee acknowledges the receipt of the sum of Seventy Five Thousand Dollars ($75,000) for a Broker or Freight Forwarder, to be held
in trust under the terms and conditions set forth herein.
5. Trustee may, within its sole discretion, invest the funds comprising the corpus of this trust fund consistent with its fiduciary
obligation under applicable law.
6. Trustee shall pay, up to a limit of Seventy Five Thousand Dollars ($75,000) for a Broker or Freight Forwarder, directly to a shipper or
motor carrier any sum or sums which Trustee, in good faith, determines that the Trustor has failed to pay and would be held legally
liable by reason of Trustor’s failure to perform faithfully its contracts, agreements, or arrangements for transportation by authorized
motor carriers, made by Trust or while this agreement is in effect, regardless of the financial responsibility or lack thereof, or the
solvency or bankruptcy, of Trustor.
7. In the event that the trust fund is drawn upon and the corpus of the trust fund is a sum less than Seventy Five Thousand Dollars
($75,000) Brokers or Freight Forwarders, Trustor shall, within thirty (30) days, replenish the trust fund up to Seventy Five Thousand
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Dollars ($75,000) Brokers or Freight Forwarders by paying to the Trustee a sum equal to the difference between the existing corpus
of the trust fund and Seventy Five Thousand Dollars ($75,000) Brokers or Freight Forwarders.
8. Trustee shall immediately give written notice to the FMCSA of all lawsuits filed, judgments rendered, and payments made under this
trust agreement and of any failure by Trustor to replenish the trust fund as required herein.
9. This agreement may be canceled at any time upon thirty (30) days written notice by the Trustee or Trustor to the FMCSA on the
form printed at the bottom of this agreement. The thirty (30) day notice period shall commence upon actual receipt of a copy of the
trust fund agreement with the completed notice of cancellation at the FMCSA’s Washington, DC office. The Trustee and/or Trustor
specifically agrees to file such written notice of cancellation.
10. All sums due the Trustee as a result, directly or indirectly, of the administration of the trust fund under this agreement shall be billed
directly to Trustor and in no event shall said sums be paid from the corpus of the trust fund herein established.
11. Trustee shall maintain a record of all financial transactions concerning the Fund, which will be available to Trustor upon request and
reasonable notice and to the FMCSA upon request.
12. This agreement shall be governed by the laws in the State of Arizona, to the extent not inconsistent with the rules and regulations
of the FMCSA.
This trust fund agreement is effective the 16th day of January, 2019, 12:01 a.m., standard time at the address of the Trustor as stated
herein and shall continue in force until terminated as herein provided.
Trustee shall not be liable for payments of any of the damages hereinbefore described which arise as the result of any contracts,
agreements, undertakings, or arrangements made by the Trustor for the supplying of transportation after the cancellation of this
Agreement, as herein provided, but such cancellation shall not affect the liability of the Trustee for the payment of any such damages
arising as the result of contracts, agreements, or arrangements made by the Trustor for the supplying of transportation prior to the date
such cancellation becomes effective.
IN WITNESS WHEREOF, the said Principal and Surety have executed this instrument on the 10 day of January, 2 0 1 9 .
PRINCIPAL TRUSTEE
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U.S. Department of Transportation 1200 New Jersey Ave., S.E.
Federal Motor Carrier Safety Administration Washington, DC 20590
SERVICE DATE
January 16, 2019
LICENSE
MC-1008038-B
U.S. DOT No. 3127907
TRIDDER INDUSTRIAL LLC
PLAINS, TX
This License is evidence of the applicant's authority to engage in operations, in interstate or foreign
commerce, as a broker, arranging for transportation of freight (except household goods) by motor
vehicle.
This authority will be effective as long as the broker maintains insurance coverage for the protection of
the public (49 CFR 387) and the designation of agents upon whom process may be served (49 CFR
366). The applicant shall also render reasonably continuous and adequate service to the public. Failure
to maintain compliance will constitute sufficient grounds for revocation of this authority.
BPO