
www.CRSTLogistics.com
P.O. Box 3261, Cedar Rapids, Iowa 52406-3261
Phone: (800)868-5373
Fax: (319)390-6281
CRST LOGISTICS, INC. TRANSPORTATION CONTRACT
In consideration of the mutual promises and covenants set forth in this Transportation Contract (the "Contract"), CRST
LOGISTICS, INC. MC# 246255, a licensed transportation BROKER ("BROKER") and ________________________ ,
a licensed motor CARRIER ("CARRIER") operating under MC#_______________ agree as follows:
1. Services and Term. CARRIER agrees to provide transportation and related services for BROKER and to satisfy
distinct transit and pricing requirements agreed to by the parties from time to time during this Contract's term. These
transit and pricing requirements will be confirmed in BROKER's written rate confirmation sheet that will be issued for
every load CARRIER transports for BROKER during this Contract's term. This Contract's term commences on
___________, 20____, and shall continue in effect until terminated by either party upon thirty (30) days advance
written notice to the other party. During this Contract’s term and for a period of twelve (12) months following its
termination for any reason, CARRIER will not “back solicit” traffic from any shipper, consignor, consignee or customer
of BROKER where (1) the availability of such traffic first becomes known to CARRIER as a result of BROKER’s efforts
and/or (2) the traffic was first tendered to CARRIER by BROKER. CARRIER shall pay BROKER, during this Contract's
term and for the first twelve (12) months following the termination of this Contract, 20% of the gross amount invoiced
by CARRIER for its services concerning each load that breaches the foregoing covenant to not "back solicit," as
liquidated damages, and CARRIER shall be liable for all costs incurred by BROKER in enforcing this provision,
including, but not limited to reasonable attorney’s fees.
2. Independent Contractor Status. CARRIER's services pursuant to this Contract shall be rendered as an
independent contractor of BROKER. The relationship of employer and employee does and shall not exist between
BROKER and any of CARRIER's workers or helpers. CARRIER's employees shall be subject to the control and
direction of CARRIER at all times, and CARRIER shall be solely responsible for compensating its employees and
providing at CARRIER's sole expense employment benefits of whatever nature for CARRIER's employees. BROKER
shall not provide nor be responsible to pay for any compensation and/or benefits for any of CARRIER's officers,
employees or agents. As an independent contractor, CARRIER is responsible to and shall secure and pay at
CARRIER's sole cost (1) any and all insurance as may be required by law, including by way of illustration but not
limited to worker's compensation insurance and disability insurance, and (2) all required payroll taxes, whether federal,
state or local in nature, including, but not limited to, income taxes, FICA taxes, unemployment compensation taxes,
and any other fees, charges or licenses required by law. If a court or administrative agency finds that CARRIER or any
other officer, employee or agent of CARRIER is an employee of BROKER in the performance of services pursuant to
this Contract, and/or BROKER is otherwise responsible for the payment of some or all of CARRIER's payroll taxes,
insurance costs and/or employee benefits, then CARRIER shall indemnify and hold BROKER, its officers, employees
and agents harmless and shall pay all of BROKER's (and BROKER's officers', employees', and agents') related fines,
damages, assessments, benefits, and attorneys' fees.
3. Compensation. BROKER shall compensate CARRIER for each load transported by CARRIER at the rate
identified in the written rate confirmation sheet issued by BROKER with respect to such load. BROKER shall pay such
compensation within 28 days after the first date on which BROKER has received from CARRIER all of the following
items relating to such load: CARRIER’s invoice, including the assigned rate confirmation number, the shipper’s bill of
lading, a signed delivery receipt proving exception-free delivery, any receipts proving preauthorized reimbursement
expenses, and all other documents required by BROKER or the shipper. CARRIER agrees that BROKER may
withhold any compensation due pending settlement between the parties of any claims of the type referenced in
paragraph 5 of this Contract. BROKER and CARRIER agree that BROKER is the sole party responsible for payment of
CARRIER’s Charges. CARRIER shall not seek payment from any shipper or consignee if the shipper can prove
payment to BROKER.
4. Bills of Lading. CARRIER 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. CARRIER shall issue a bill of lading in compliance with 49 U.S.C. 80101 et
se.,49 C.F.R. 373.101 (and any amendments thereto), for the property it receives for transportation under this
Contract. 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 terms, released rates or released value) inconsistent with the terms of this
Contract 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.
5. Hold Harmless and Indemnification. As between CARRIER, BROKER and any shipper CARRIER shall be
solely responsible for any and all losses, damage, costs, claims, and liabilities associated with the transportation
services it provides hereunder, including, without limitation, all claims related to personal injuries or death, and any loss
or damage to the cargo while in CARRIER’s possession or while in the possession of CARRIER’s agents or
designees. CARRIER shall indemnify and hold harmless BROKER and each shipper from and against any and all
claims, demands, suits, losses, expenses (including attorneys fee and costs) or other liabilities related to or arising out