M & ML Contractor Lease Agreement

In the interest of transparency unlike most carriers, we are proud to show you our terms 

 

This Agreement is effective as of this ____ day of _______________ 20___, at _______ CST by

 

Your Name , referred to hereafter as “Contractor”, located at

Your Home Address

 

and Mario Ulloa for M&ML Transport LLC, referred to as “Carrier,” located at   

102 W Monroe St.

Plymouth, IN. 46563

 

DEFINITIONS 

Contractor is the owner of the equipment described in Appendix A to this Agreement and drives and/or will provide drivers fully qualified under all applicable federal and state laws to operate that equipment in interstate and/or intrastate commerce.
 

Carrier is in the business of offering and providing motor carrier services to the shipping public and desires to retain the equipment and driver services of Contractor to meet its transportation commitments.  Carrier is authorized to conduct operations in interstate and/or intrastate commerce pursuant to operating authorities issued by the appropriate federal and state agencies.

Contractor desires to lease its equipment with a driver or drivers to Carrier, and Carrier desires to lease that equipment and driver(s) to meet its transportation requirements for its customers, and for good and lawful consideration, the parties agree as follows:

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AGREEMENT

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1. Copies of this Agreement.  This Agreement shall be executed in triplicate. The Carrier will give one executed copy of this Agreement to the Contractor, retain one executed copy for itself, and the third executed copy of this Agreement will be placed in the leased equipment for the duration of the lease.

 

2. Receipts for Equipment.  The equipment which Contractor will lease to Carrier, pursuant to the terms and conditions of this agreement, is identified in Appendix A attached hereto and made a part hereof.  Receipts specifically identifying that equipment and specifying the date and time of day possession is transferred shall be given to Contractor by the Carrier. A receipt may be transmitted by mail, telegraph, or other similar means of communication. Upon termination of this lease, or when possession by the Carrier of a unit of equipment identified in the addendum ends, the Carrier shall give Contractor a receipt evidencing the date and time of the return of the equipment to Contractor’s control.

 

3. Exclusive Possession and Control by Carrier. Carrier shall have the exclusive possession, control and use of the equipment, and shall assume complete responsibility for the operation of the equipment, for the duration of the lease.

 

4. Identification of Equipment.  During the period of the lease, and while the equipment is being operated on behalf of the Carrier, the equipment shall be identified in accordance with all applicable federal and state regulations.  Upon the termination of the lease, Contractor shall remove all such identification. The Contractor shall promptly return such identification to the Carrier, or may provide a letter to the Carrier certifying removal of said identification devices from the equipment or that said devices have been lost or stolen.  In the event the equipment is operated on behalf of anyone other than the Carrier during the period of the lease, such as in the event of a Trip-Lease, all identification shall be covered and signage of the Trip-Lease carrier displayed instead. 

 

5. Trip-Leasing of Equipment.   The Contractor may, from time-to-time, Trip-Lease to another motor carrier who meets all the requirements set forth in 49 C.F.R. Part 376, contingent upon authorization of Carrier.  However, under no circumstances shall the Carrier Trip-Lease the equipment to another carrier without the Contractor’s express written consent, which consent shall not be unreasonably withheld.

 

6. Status of Contractor as Independent Contractor. Contractor shall be an independent contractor with respect to the transportation operations conducted on behalf of the Carrier at all times during the period this lease is in effect. Neither Contractor nor its employees are to be considered employees of Carrier at any time, except as may be specified by federal or state law.  Neither party is the agent of the other and neither party shall have the right to bind the other by contract or otherwise except as herein specifically provided.  Contractor has the right to decline any load offered by Carrier, without incurring any negative repercussions, including, but not limited to, monetary penalties, refusal to dispatch, or adverse disciplinary or administrative actions.

 

7. Record of Transactions. In compliance with 49 C.F.R. § 376.11(d)(1) (or any successor regulation), Carrier shall prepare and keep records covering each trip for which Contractor’s equipment is used in Carrier’s service.  Those documents shall contain the name and address of the Contractor, the point-of-origin, the time and date of departure, and the point of final destination. Further, Carrier shall have to present, on the leased equipment during its operation, documents containing the above-specified information identifying the lading, and acknowledging that the transportation is performed under Carrier’s authority.  Those documents shall be preserved by Carrier as part of its transportation records.

 

8. Carrier’s Responsibility to Provide Shipments.  The Carrier agrees to make shipments available for transportation by the Contractor. The Carrier shall exercise every reasonable effort to make sufficient shipments available so that the Contractor shall be able to keep the Equipment in reasonably constant use under the terms of this Agreement, although this shall not be construed as an Agreement by the Carrier to furnish any specific number of loads, or pounds of freight for transportation by the Contractor at any particular time or place.

 

9. Compensation to Contractor. Compensation for the lease of the equipment and transportation services provided by Contractor shall be at the rates specified in Appendix B attached hereto and made a part hereof. Carrier shall pay Contractor for all services provided under this agreement within fifteen (15) calendar days after Contractor’s submission of the documents required for Carrier to secure payment from Carrier’s customers. Those documents are limited to logbooks required by the Department of Transportation and those documents necessary for Carrier to secure payment from its transportation customer. Payment of compensation to the Contractor shall not be contingent upon submission of a bill of lading as to which no exceptions have been taken.  It is the responsibility of the Carrier to notify the Contractor at the time of dispatch and on the bill of lading that a particular shipment is to be a C.O.D. shipment.  In the case of C.O.D. shipments only, the documents necessary to secure payment to the Contractor shall include the certified check or money order due to Carrier.

 

10. Compensation for Loading, Unloading, Detention and Accessorial Services. Shipper will perform loading at origin and receiver will perform unloading at destination. Carrier is responsible for the full cost of any loading or unloading services incurred. Should Contractor be requested and agree to perform the loading or unloading of a shipment, Contractor will be compensated by Carrier at the rate specified in Appendix B.  Detention time will also be compensated by Carrier at the rate specified in Appendix B.  Contractor shall be entitled to receive one hundred percent (100%) of the sums received by the Carrier for accessorial services provided by the Contractor, provided such sum is in an amount equal to the charges specified in Appendix B. 

 

11. Compensation for Empty Mileage.  Empty mileage incurred by Contractor in the service of the Carrier, specifically those miles operated to make a pickup or return from a delivery, or proceeding between loaded runs, will be compensated by Carrier at the rate set forth in Appendix B. 

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12. Contractor/Contractor's Driver driver shall keep a record of all such miles identifying the origin and destination of the shipment, and the point to which the equipment is returned for positioning to handle additional shipments for the Carrier.

 

12. Fuel Surcharge.  The Carrier shall pass on to the Contractor one hundred percent (100%) of any fuel surcharge imposed by the Carrier upon its transportation customer (shipper, motor carrier, broker, or freight forwarder) when such a surcharge is imposed pursuant to any law and/or any agreement between the Carrier and its transportation customer.

 

13. Documentation Supporting Contractor’s Compensation.  If the Contractor’s compensation, as specified in Appendix B, is based upon a percentage of the revenue received by the Carrier, Carrier will provide Contractor, before or at the time of settlement, a copy of the applicable rated customer invoice, bills of lading, tariffs, or rate quotes from which the rates or charges shown on the Carrier’s customers’ invoice are computed, or a computer-generated document containing the same information. Acceptance of compensation without receipt of invoices, bills of lading, tariffs or rate quotes, will not constitute a waiver of Contractor’s right to such documents under federal regulation.  In the case of charges based on a contract, the Contractor shall be provided a copy of the actual documentation used in producing a rated freight bill for the Carrier’s customer.  When a computer-generated document is provided, Contractor shall be permitted by the Carrier to view, during normal business hours, a copy of the actual document(s) underlying the computer-generated document. 

 

14. Inspection of Carrier’s Tariffs.  Pursuant to 49 C.F.R. § 376.12(g) (or any successor regulation), the Contractor is permitted to examine copies of the Carrier’s tariff or in the case of contract carriers, other documents from which rates and charges are computed, provided that where rates and charges are computed from a contract, only those portions of the contract containing the same information that would appear on a rated freight bill need be disclosed] during normal business hours at the Carrier’s terminal or other place(s) of business.

 

15. Expenses Incurred in Operating Equipment. Except as may otherwise be provided in this agreement, Contractor shall bear the operational expenses incurred in performing the transportation services requested by Carrier under this lease agreement.  Those expenses shall consist of and are limited to:  fuel, fuel taxes, permits of all types, tolls, ferries, base plates and licenses, fines and penalties resulting solely from the acts or omissions of Contractor, federal highway use tax on the equipment, federal, provincial, state or city income taxes, and any self-employment or payroll taxes; and any sales, use, excise and other taxes due and owing to ownership or operation of the equipment.  Contractor shall also bear any expenses necessary to maintain the equipment in compliance with all applicable federal and state safety laws and regulations.

 

16. Base Plates.  The Contractor may elect to purchase base plates in his or her own name directly from the State.  If the Contractor elects to purchase base plates through the Carrier, the actual cost of the base plate may be deducted from the Contractor’s compensation pursuant to paragraph 16 and Appendix D of this Agreement.  If the Contractor elects to purchase base plates through the Carrier, and if, at termination of this Agreement, the Carrier is authorized to receive a refund or a credit for base plates purchased by Contractor from and issued in the name of the Carrier, or if the base plates are authorized to be sold by the Carrier to another contractor, the Carrier shall refund to Contractor a prorated share of the amount received. Such refund shall be made once a refund from the state or the proceeds of the sale of the base plate to another contractor.

 

17. Purchase of Items from Carrier. Contractor is not required to purchase or rent any products, equipment, or services from or through the Carrier as a condition precedent or subsequent of entering into or continuing the lease arrangement. If the Contractor is or becomes party to an equipment purchase agreement or rental contract with the Carrier, or a person or company affiliated with the Carrier, then, pursuant to that agreement or contract, Carrier is authorized to make deductions from Contractor’s compensation earned under this agreement for such purchase and/or rental payments in the amounts set forth in the schedule of payments in Appendix C annexed hereto and made a part hereof.  Carrier shall not charge Contractor an administrative fee for any service it performs related to Contractor’s purchase or rental of any product, equipment, or service through or from the Carrier.

 

18. Charge Backs.  Carrier may not impose charge backs against the compensation due the Contractor except for cash advances or the actual cost to the Carrier for providing the specific items identified in Appendix D annexed hereto and made a part hereof.  Appendix D identifies all items for which a charge back is authorized that are not otherwise specifically provided for in this agreement and shows how the amount is computed for each item to be charged back to the Contractor.  The Contractor shall be entitled to copies of those documents necessary to determine the validity of all items charged back against compensation due the Contractor.

 

19. Loss and Damage Claims. Carrier shall provide Contractor with a written explanation and itemization of any deductions for cargo or property damage to be taken from Contractor’s compensation.  Contractor’s liability for loss or damage to cargo transported on behalf of Carrier is limited to $1000.00 per incident. When it is determined through investigation that such loss or damage is due to the act or negligence of Contractor or its employees Contractor will be responsible for the full amount of the claim. Contractor will be provided a reasonable opportunity to present to Carrier any documentation or other evidence demonstrating that the loss or damage was not due to Contractor’s act or omission or that of its employees. In no event will any deduction for alleged cargo loss or damage be made against the Contractor’s compensation until all documentation supporting the claim has been provided by the Carrier, and Contractor has been given a reasonable opportunity to respond.

 

20. Fines.  The Carrier shall assume the risks and costs of fines for overweight and oversize trailers when the trailers are pre-loaded, sealed, or the load is containerized, or when the trailer is otherwise out of the Contractor’s control, except if the violation results from the Contractor’s actions.  Moreover, Carrier will take appropriate action to ensure that its customers observe all applicable federal and state laws pertaining to the loading of freight on the Contractor’s equipment. The Carrier has this same liability for improperly permitted, over dimension, and overweight loads.  The Carrier shall promptly reimburse the Contractor for any fines paid by the Contractor that are the responsibility of the Carrier hereunder.

NOTE: It is the Contractor's Responsibility to Inspect and Cat or Public Scale all loads prior to departure for destination.
 

21. Fuel Use Tax Payments.  The Contractor may elect to maintain his or her own IFTA account for fuel taxes. If the Contractor so elects, Contractor will provide Carrier with a copy of all fuel tax documentation within 30 days after filing date.  If Contractor elects to maintain his or her own IFTA account, Contractor will signify by initialing here _________.  If Contractor does not elect to maintain his or her own IFTA account, the Carrier will assume responsibility for filing fuel use tax returns with the Base State in which Contractor’s equipment is registered.  Contractor shall submit timely reports on forms supplied by the Carrier and furnish documentation for all miles driven and gallons of fuel purchased on a state-by-state basis.  Carrier shall provide Contractor with periodic summaries of credits and debits for fuel use taxes on a state-by-state basis.  Within thirty (30) days following the close of each quarterly tax period, Carrier shall provide a report showing all credits and debits by taxing jurisdiction on account of activities of the Contractor during the reporting period. If the net of credits and debits for all taxing jurisdictions shows that Contractor has a net credit, Carrier shall pay Contractor the amount of such net credit forthwith; if the net of credits and debits for all taxing jurisdictions shows that the Contractor has a net debit, Carrier shall be entitled to deduct the amount of such net debit from the Contractor’s compensation.

 

22. Carrier’s Insurance Coverage.  Carrier is legally obligated to maintain insurance for the protection of the public. The cost of the insurance shall be paid by CARRIER. The Contractor shall maintain Non-Trucking automobile insurance, commonly referred to as Bobtail Deadhead/Unladen Insurance with CARRIER listed as Certificate Holder. It is up to the CONTRACTOR to maintain physical damage coverage for their equipment with an insurance of their choosing.

 

23. Insurance to be Provided by Contractor.  Consistent with federal regulations, Contractor shall not be required to purchase any insurance from, or through, the Carrier and shall be free to acquire insurance from any insurer as long as it comports with that generally available at the time of contracting in terms of insurance obligation, exclusions to coverage, etc.  If the Contractor purchases any insurance coverage from, or through, the Carrier, it will be enumerated in Appendix D, and the Carrier shall be authorized to charge back the cost to it for such policies in such amounts as are specified in Appendix D.

 

24. Workman's Compensation: It is expressly understood that because of Contractor’s status as an independent contractor, CARRIER cannot and will not provide or carry any Workmen’s Compensation insurance covering Contractor, Contractors drivers and Contractor’s drivers-helpers. Contract shall furnish CARRIER with a certificate of insurance showing that Contractor’s and/or employees are covered by a Workman’s Compensation insurance or an Occupational Accidental Policy and providing that CARRIER shall be notified at least thirty (30) days prior to any cancellation of termination of said insurance

 

25. Insurance Documents and Information.  In the event that the Contractor purchases any insurance coverage from, or through, the Carrier, the Carrier will provide the Contractor with certificate(s) of insurance for each such policy that include the name of the insurer, the policy number, the effective dates of the policy, the amounts and types of coverage, the actual cost to the Contractor for each type of coverage and the deductible amount for each type of coverage for which the Contractor may be liable.  The Carrier shall also provide Contractor with a copy of each such policy.  The Carrier shall also provide Contractor, upon request, copies of those documents necessary to determine the validity of any charge or deduction by Carrier for this insurance.

 

26. Notice.  Any notice required or permitted by this agreement to the Carrier shall be deemed conclusively provided when hand delivered to Carrier at any of Carrier’s terminals, or to either the Carrier or the Contractor when deposited by either Party in the United States mail (USPS) with first class postage prepaid, UPS or FedEx, properly addressed to the other Party as follows:

 

                                     Contractor                                                                             Carrier

 

Name:                                                                                          Name:      Mario Ulloa for M&ML Transport LLC

Street:                                                                                          Street:      102 W. Monroe St

City:                                                                                             City:        Plymouth

State:                                                                                           State:       Indiana

Zip:                                                                                               Zip:          46563
Should the address of either Party change; notice of the new address must be provided by first class mail within five (5)
business days of that change.

 

27. Entire Agreement - Modification.  This agreement, with the attached Appendices A-G, constitutes the entire agreement and understanding between the parties and shall not be modified, altered, changed or amended in any respect unless in writing and signed by both parties.

 

28. This agreement shall be governed by the provisions of Title 49, Part B, United States Code, Title 49, Part 376, Code of Federal Regulations and, to the extent consistent with federal laws and regulations, by the laws of the State of  North Carolina.
 

29. Effective Date and Duration of Agreement. This lease shall be effective as of the date and time the agreement is executed by both parties and shall continue in effect until terminated in accordance with the provisions of this agreement. It is contemplated that the term of this agreement will be for not less than 1 (one) year, 365 days from the date of execution and will automatically continue in effect until such time as terminated mutually, or by either party, as provided in this agreement.  Should Contractor or Carrier breach any of the terms of this agreement, the other party will give written notice of that breach and, if not corrected within seven (7) days of the date such notice is provided, can terminate the agreement upon twenty-four (24) hours written notice to the other party.  If either party desires to terminate the agreement without cause, ten (10) days’ written notice must be provided to the other party.

 

IN WITNESS WHEREOF, the parties hereto have executed this agreement This 6th day of January 2026, at 5:00 pm (17:00) EST same shall be considered binding upon both parties and shall remain in full force and effect unless and until terminated according to the terms of this agreement.

 

 

 

Contractor

Printed Name:

 

 

Signed: _______________________________ This _____ day of ______________ 2026, at _______am/ pm  CST

                                                                                                                                                                      

 

Carrier’s Authorized Representative

Printed Name: Mario Ulloa, Title Owner, M & ML Transportation

 

 

Signed: _______________________________ This _____ day of ______________ 2026, at _______am/pm   CST

 

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LIST OF APPENDICES

 

Receipts for Equipment ………………………………..................................

 

Specification of Compensation ……………………....................................

 

Charge backs for Purchase and/or Rental Payments .............................

 

Charge backs for Insurance and Other Unspecified Items.....................

 

Escrows …………………………………………….........................................

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FDA Food and Drug Administration……………………………....…………

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Conflict Resolution.......................................................................................

 

APPENDIX A
Receipts for Equipment

 

(USE ADDITIONAL COPIES AS NECESSARY TO ACCOMMODATE ALL EQUIPMENT)

 

Carrier acknowledges receipt of the following equipment on the date and at the time stated

below:

Tractor:

Year:                          
Make:                         
Model:                        
Plate:                          
Unit Number:            
VIN:                           
GVWR:                      

 

 

 

Contractor

Printed Name:

 

 

Signed: _______________________________ Date: _______________ Time: _____________am/pm CST

                                                                                                                                                                      

 

Carrier’s Authorized Representative

Printed Name: Mario Ulloa, Title Owner, M & ML Transportation

 

 

Signed: _______________________________ Date: _______________ Time______________ am / p.m. EST
 

 

APPENDIX B

Specification of Compensation

Choose one of the two options set out below.  Mark out the option not chosen.

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Percentage Basis Compensation

 

Contractor shall receive at minimum 75%  up to but not to exceed 80% of the revenue for each trip undertaken on Carrier’s behalf, for the first 90 days of the contract. such percentage to be derived from the gross revenue contracted for between Carrier and Carrier’s customer (whether shipper or receiver), regardless of any difference between that amount and the amount actually billed to or received by Carrier from Carrier’s customer.

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Mileage Basis Compensation

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Mileage Compensation is only for Deadhead or Canceled Load at a rate of No More Than the Current IRS Mileage Rate. 

 

Empty/Deadhead Miles

 

For Deadhead or Canceled Load contractor shall be paid no less than 65¢ per mile and no more than the Current IRS Mileage Rate.

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Unloading Services

 

Should Contractor be required to perform unloading services, he/she shall be compensated by Carrier at the rate of Gross Receipt Value or if Contractor performs unloading $75.00 per hour.

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Detention Time

 

Detention time will be compensated by Carrier at the rate of $100.00 per hour for each hour in excess of two (2) hours of free time provided for loading or unloading a shipment, or waiting for the loading and unloading of a trailer.

 

 

Contractor

Printed Name:

 

 

Signed: _______________________________ Date: _______________ Time: ______________ a.m / p.m. CST

                                                                                                                                                                      

 

Carrier’s Authorized Representative

Printed Name: Mario Ulloa, Title Owner, M & ML Transportation

 

 

Signed: _______________________________ Date: _______________ Time: ______________ a.m / p.m. CST

 

APPENDIX C

 

Chargebacks for Purchase and/or Rental Payments

To Be Negotiated prior to signing of lease agreement

 

[If Contractor is purchasing or renting equipment from Carrier or any affiliated company, provide a separate schedule of payments as shown below for each item of equipment.]

 

Schedule of Payments:

 

Amount to be financed:.........................................................................................................................................................                     

 

Interest Rate (if interest is to be charged):............................................................................................................................              

 

Total Amount of Interest (if any; multiply amount to be financed by interest rate):...............................................................                 

 

Total Amount Owed (sum of amount financed + amount of interest):..................................................................................                   

 

 

Frequency of Payments (circle one):                           Single             Weekly            Bi-Monthly             Monthly

 

 

Total Number of Payments ……………………………………………………………………………….........................……                  

 

Amount of Each Payment (total amount owed divided by number of payments):...............................................................                   

 

 

 

 

Contractor

Printed Name: 

 

 

Signed: _______________________________ Date: _______________ Time:

                                                                                                                                                                      

 

Carrier’s Authorized Representative

Printed Name: Mario Ulloa, Title Owner, M & ML Transportation

 

 

Signed: _______________________________ Date: _______________ Time______________

 

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APPENDIX D
Chargebacks for Specified Items

 

List all insurance policies that Contractor is responsible to provide under the terms of the lease to which this Appendix D is attached.  For all insurance coverage to be purchased from, or through, the Carrier for which deductions will be taken from Contractor’s compensation, include in the itemized list the amount to be deducted and the frequency of the deduction:

 

Insurer                Type of                Coverage                Policy                  Deductible               Premium

Name                  Coverage              Dates                      Limits                  (if any)                     (Monthly/Annual)      

 

Amount to be              Frequency of Deduction

Deducted (if any)        (Circle one if applicable)

 

1. PL/PD, Cargo Insurance As both parties have retained Progressive insurance as their respective insurance company, both parties agree to the terms and fees set forth by progressive. The Contractor agrees to said progressive insurance at the set rate.

by Progressive insurance. Of which is YTD
 

1. Late pickup or delivery         $100.00 per incident not to exceed $500 per incident pending contract.
    

 

1. Failure to wear PPE on customer property Fine of $10.00 per incident
   
   
   Calculation of amount to be deducted for above insurance coverages: Divide annual premium by frequency of deduction.

 

[For every other item for which deductions will be taken from Contractor’s compensation, separately itemize each item and the amount to be deducted, with a recitation of the method of computation for the amount to be deducted, per the following example:

 

Item                                                                             Amount to be deducted                          Frequency of deduction (circle one)

• Fuel                                                                          100% plus card Fees if any            Monthly providing contractor uses carrier fuel Card 

• Base Plates                                                                                              

 

How amount was calculated:

Fuel: Actual amount paid by Carrier including all discounts and rebates.
Copies of Comdata sheets will be attached to settlement sheets when deductions appear.           

Base Plates:                               
 

Contractor

Printed Name:

 

 

Signed: _______________________________ Date: _______________ Time: 05:00 p.m. (17:00) EST

                                                                                                                                                                      

 

Carrier’s Authorized Representative

Printed Name: Mario Ulloa, Title Owner, M & ML Transportation

 

 

Signed: _______________________________ Date: _______________ Time______________ a.m / p.m. EST

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APPENDIX E
Escrow

 

1.No Funds for escrow will be deducted from settlement until such time that Carrier can provide proof that an escrow account or service has been set up or retained.

1. Contractor shall deposit $100 per settlement into a savings account in lieu of Escrow and provide carrier proof of those deposited funds and shall be open to inspection upon written request from Company Owner

2. Once carrier has set up or retained an escrow service or bank account then the contractor shall make e-deposit to that account as soon as reasonable

3. Carrier shall provide contractor with written confirmation of receipt of funds

4. Carrier shall set up an escrow account under the following conditions

5. Carrier shall maintain custody of any escrow funds in an account at a financial institution insured by the Federal Deposit Insurance Corporation. 

6. Said account shall be a separate, segregated account in the name of the Carrier as trustee or escrow agent. 

7. The account shall describe that Carrier is maintaining that account as a trustee or escrow agent and the funds in that account shall not be commingled with other funds belonging to the Carrier. 

8. Carrier shall furnish Contractor a written explanation and itemization of all deductions from Contractor’s escrow funds made under this paragraph.

9. During the term of the lease the Carrier shall provide a separate accounting monthly to the Contractor regarding the escrow fund and any deductions or additions, which have been made. 

10. At any time, the Contractor may demand an accounting of any transactions involving the escrow fund.

11. While the escrow fund is under the control of the Carrier, the Contractor’s account will be credited with interest, pursuant to 49 C.F.R. § 376.12(k)(5). 

12. Interest is to be determined using the following formula.  The interest rate shall be established on the date the interest period begins and shall be at least equal to the average yield or equivalent coupon issue yields on 91-day, 13-week Treasury bills as established in the weekly auction by the U.S. Department of Treasury. For purposes of calculating the balance of the escrow fund on which interest must be paid, the carrier may deduct a sum equal to the average advance made to the Contractor during the period of time for which the interest is paid. 

13. Upon termination of this agreement, the Carrier shall only be permitted to make deductions from the escrow fund for items that are specifically provided for in this agreement. 

14. The Carrier shall return the escrow fund to the Contractor no later than forty-five (45) days following the date of termination of this lease agreement.

 

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APPENDIX F
DOES NOT APPLY AT THIS TIME

 

Recently the FDA Food and Drug Administration has come out with new procedure for Carrier’s that haul Humane and Animal Food grade products where it requires each Carrier and Driver to obtain the required training with certificate. With this each driver will be responsible of filling out a Carrier checklist for each load hauled failure to do so with result in a $100.00 penalty charge by the CARRIER.

The certificate can be obtained at https://www.ooidaonlineeducation.com/Sanitary-Transportation/. It is a 63-minute video with a test at the end. There is a $100.00 fee to be paid by the Contractor.

Failing to maintain the appropriate temperature will result in a 2-day suspension. If the Bills of Lading state 1 (one) temperature and the broker request a different temperature contact the office for the appropriate setting.

If drivers are not allowed on the dock while loading always write “SLC not allowed on dock” on the Bills of Lading.

If produce load and load is rejected at receiver immediately request USDA Inspection from receiver, then contact office before leaving receiver. DO NOT LEAVE RECEIVER until inspected by USDA inspector or instructed by Carrier.

 

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APPENDIX G

CONFLICT RESOLUTION

 

1. Both Parties are hereby put on notice that limitation to file a lawsuit is three (3) years for torts, contract-related issues or property damage with the clock starting from when the damage occurred or was reasonably first discovered.

2. Both Parties hereby agree to negotiate any conflicts that may arise during the contract period in good faith.

3. Both parties agree to good faith negotiations

4. Should a conflict arise during the term that initiates a law suit in a court of law,

5. The parties agree to go to court and agree to and follow.

6. The courts process and orders in good faith.

7. It is agreed by both parties to 1st (first) negotiate via shared equal cost of non-binding mediation as their first resort of conflict resolution by a court ordered mediator in good standings in the jurisdiction of, _________________, ____________________, _______________                                                                                                                      Contactors Home City                      Contractors Home County                        Contractors Home State.

8. Should there be a conflict in venue then both parties agree to take their case to the City of Grain Valley, Jackson County, Missouri. 
   NOTE: This is the home of OOIDA where both parties can utilize the offices of OOIDA with prior notification to OOIDA

9. Should Non-Binding Mediation fail to resolve the conflict, the parties shall return to court and follow the court orders in good faith to either shared cost Non-binding Arbitration or continue to trial.

10. Should Arbitration be ordered by the courts then the two parties agree forfeit binding arbitration and agree to a shared cost non-binding arbitration.

11. Should both parties not be in agreement with the non-binding arbitration, then the two parties will commence a trial by judge and or jury trial of which the decision shall be final.

12. The party bringing suit shall be responsible for all court costs and their own attorney fees.

13. The prevailing party shall have the right to reasonable attorney fees and court costs.
     

Both Parties have seen, reviewed and received a copy of this Appendix G – Conflict Resolution..
 

Contractor

Printed Name:

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Signed: _______________________________ Date: _______________ Time: ______________ a.m / p.m. CST

                                                                                                                                                                      

Carrier’s Authorized Representative

Printed Name: Mario Ulloa, Title Owner, M & ML Transportation

 

 

Signed: _______________________________ Date: _______________ Time: ______________ a.m / p.m. CST

 

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APPENDIX H

INSURANCE

 

 

1. Contractors have the right to retain any insurance company of their choosing so long as it complies with Carrier & Carrier-Client Contract requirements

2. Contractor shall provide a copy of the binder and proof of insurance to the carrier and shall list the carrier as an additional certificate holder

At the time of this contract the minimum limits of liability are required per company contracts with various shipping and brokerage contracts.

 

NOTE: Company Provided Insurance also covers Comprehensive Collision to protect your vehicle while under load.
 

1. Limits of liability Contractor are at minimum to have are as follows

Cargo shall be no less than                                       

Uninsured motorist bodily injury                                 

Motor Truck/Cargo                                                       

Uninsured Motorist PD                                            

PIP                                                                             

Collision                                                                  

Comprehensive                                                      

Umbrella