Transporter Contract Terms

Effective Date: January 1, 2025

Last Reviewed: January 1, 2025

SEAWAY EXPORT – CARRIER SERVICE AGREEMENT

This Carrier Service Agreement ("Agreement") governs all transportation services performed by any motor carrier ("Carrier") for Seaway Export UA, LLC ("Seaway Export" or "Company") and applies automatically upon Carrier's acceptance of any dispatch, shipment, or load from Seaway Export. Acceptance of any load or dispatch constitutes binding legal agreement to the following terms and conditions:

§2. SCOPE OF SERVICES

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. PHOTOGRAPHIC & ACCESSORY COMPLIANCE

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.

➡️ Failure = $1,000 liquidated damages per vehicle + possible denial of payment.

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. INSURANCE REQUIREMENTS

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. CARGO HANDLING, SECURITY & DAMAGES

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

➡️ Carrier liable for full invoice value of cargo + consequential losses (storage fees, customer compensation, etc.).

5.4

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

§6. PAYMENT TERMS & DOCUMENTATION

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. NON-COMPLIANCE PENALTIES

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. OPERATIONAL INTEGRITY

8.1 No Rebrokering or Subcontracting:

Prohibited without prior written consent.

➡️ Violation = forfeiture of payment + full indemnity + right to pay third party directly

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.

§10. ENFORCEMENT & FINAL TERMS

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.

Carrier Compliance & Claims Contact:

📧 Email: dispatch@seawayexport.com

📞 Phone: +1-800-380-9315

📬 Address: Seaway Export UA, LLC – Carrier Compliance Division
440 Telfair Rd, Unit A, Garden City, GA 31415

By accepting any dispatch or tender from Seaway Export, Carrier certifies full understanding and agreement to this Agreement.

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