Transporter Contract Terms

1.1

Carrier represents and warrants that it possesses all necessary authority to operate as a licensed for-hire motor carrier under applicable federal, state, and local laws, including FMCSA and DOT regulations. Carrier must maintain valid and active USDOT and MC numbers at all times.

1.2

Carrier agrees to comply with all applicable statutes and regulations including: the Carmack Amendment (49 U.S.C. §14706), the Hazardous Materials Transportation Act (49 U.S.C. §5101), FMCSA Hours-of-Service and Drug/Alcohol Testing rules, applicable CARB regulations (e.g., 13 C.C.R. § 2025), TRU and TBR rules, and local air quality or clean fleet mandates.

1.3

Carrier shall not possess an "Unsatisfactory" or "Unfit" safety rating and shall notify Seaway Export immediately if any rating change, insurance lapse, or enforcement action occurs.

1.4

Carrier assumes responsibility for all acts and omissions of its employees, drivers, contractors, agents, and representatives. All personnel must be legally licensed, trained, and compliant with HOS and DOT standards. Seaway Export reserves the right to audit Carrier's files upon reasonable notice.

2.1

Carrier shall provide transportation services in a safe, professional, and timely manner. Carrier is responsible for:

• Scheduling appointments at origin and destination
• Performing physical inspections
• Handling cargo securely
• Meeting deadlines specified in dispatch or rate confirmation

2.2

Carrier shall not accept any dispatch it cannot lawfully or practically perform. Upon acceptance, Carrier assumes full responsibility for:

• On-time pickup and delivery
• Condition of cargo at pickup and delivery
• Compliance with load-specific instructions, including VIN, photos, accessories, and documentation

2.3

Carrier must submit written confirmation to Seaway Export immediately upon:

• Arrival at origin or destination
• Discovery of damage, shortage, delay, or dispute
• Encountering any hazardous condition, security breach, or delay exceeding 12 hours

3.1

Carrier must provide:

• High-resolution, timestamped photos at pickup and delivery
• Photos of all sides and vehicle interiors
• Specific focus on prior damage or unusual markings
• Title, key, cable, and accessory verification at pickup

3.2

Photos must be labeled with last 6 digits of VIN and emailed to: dispatch@seawayexport.com.

3.3

If any accessory is missing, Carrier must report immediately and await Seaway Export instruction. Unauthorized departure = full liability + $100 administrative charge per item.

4.1 Minimum insurance coverage:

• Auto Liability: $1,000,000 per occurrence
• Cargo Insurance: $100,000 (1–3 units), $150,000 (4+ units or high value)
• Workers' Compensation Insurance: As required by law
• Hazardous materials coverage if applicable

4.2 Required features:

• Seaway Export listed as Additional Insured (Auto Liability) and Loss Payee (Cargo)
• 30-day cancellation notice
• Waiver of subrogation
• Endorsement eliminating exclusions for unattended trailers, theft, non-operational vehicles, EVs, and co-mingled freight

4.3

Failure to provide a valid COI prior to dispatch = no load + forfeiture of payment rights. Carrier certifies insurance remains compliant upon accepting any shipment.

5.1

Carrier has exclusive care, custody, and control of the cargo from the moment of pickup until Seaway Export confirms verified delivery. Carrier is liable under Carmack for:

• Damage (visible or concealed)
• Late delivery
• Misdelivery
• Theft, vandalism, or abandonment

5.2

Damage discovered after delivery is presumed to have occurred during Carrier custody unless rebutted with:

• Complete photographic documentation
• Signed clean BOL
• Proof of secure loading and continuous control

5.3

Total loss events:

• 30+ day delays
• Incorrect vehicle delivery
• Lost, stolen, or unclaimed cargo

5.4

Salvage Waiver: Carrier waives all rights to salvage, auction recovery, or offset value of damaged freight.

6.1

To be paid, Carrier must submit within 5 business days of delivery:

• Signed Dispatch Sheet
• Signed BOL
• Pickup & Delivery Photos
• Title Copy (if applicable)
• W9 and payment instructions

6.2

Late, incomplete, or manipulated documents = payment hold or denial.

6.3

Seaway Export reserves the right to offset:

• Damage claims
• Missing accessory costs
• Auction fees or penalties
• Unpaid deductions from Carrier receivables

7.1

Scheduling failures = $150 fee

7.2

Late delivery (>3 days) = $25/day; >14 days = $20/day liquidated damages; >30 days = full loss

7.3

Missing photos = $1,000 per vehicle

7.4

Missing accessories = full replacement + $100 per item

7.5

Incorrect VIN = full liability + transport cost of recovery

8.1 No Rebrokering or Subcontracting:

Prohibited without prior written consent.

8.2 Non-Solicitation:

Carrier agrees not to work with or solicit Seaway Export's clients directly for 12 months after last delivery. Violation = 35% of gross revenue for 15 months + right to audit.

8.3 No Claim Against Shipper:

Carrier agrees Seaway Export alone handles billing and collections. Carrier may not invoice, pursue, or contact shipper or consignee for payment.

9.1 Governing Law:

State of Georgia and applicable federal law

9.2 Jurisdiction:

Chatham County, GA (with flexibility to file elsewhere if Seaway Export is sued jointly)

9.3 Independent Contractor:

Carrier is not an agent or employee of Seaway Export

9.4 Indemnity:

Carrier shall fully indemnify Seaway Export from all claims, costs, losses, and legal actions arising from:

• Negligence or breach
• Accident, damage, or theft
• Improper handling or delays
• Employment-related disputes or liabilities

9.5 Arbitration (Optional):

Disputes may be referred to binding arbitration if both parties agree in writing.

10.1 Entire Agreement:

This document supersedes all prior agreements between Carrier and Seaway Export.

10.2 Amendment:

Must be in writing and signed by both parties.

10.3 Survival:

Indemnity, liability, confidentiality, and payment terms survive contract termination.

10.4 Third-Party Beneficiaries:

Seaway Export clients are intended third-party beneficiaries with enforceable rights.

10.5 Severability:

Invalid clauses do not affect enforceability of the remainder.