Carrier Packet for carriers v6.T

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A&Z CArrier PACket

For Carriers for Troy Bossert’s loads

Fax back Carrier Packet to 866-233-3270 or Email: [email protected]

A&Z Trucking, Inc.

For Pay Outs/Accounts Payable: Please send all your paperwork to:

Do not send this to me…it will not be paid out if you do.

Chris Dressen Office: 845-569-7299

Fax: 845-569-0555 Email: [email protected] Or [email protected]

Quick Pays are the same business day as long as we get your paperwork before 12 pm est. Payouts are between 4 - 5 pm EST.

Normal pay is within 30 days from the day we receive your invoice.

A&Z Trucking MC #510449 NY:845-569-7299 CA: 831-769-9669 MS: 601-253-4815

mailto:[email protected]




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A&Z Trucking, Inc. New Carrier Packet Request

We appreciate the interest in being a business partner with A&Z Trucking. In order to complete our mutual partnership, we request that you send over the following information as soon as possible:

Please provide these 7 items: Return to: [email protected] Troy’s Personal EFax: 866-233-3270

1) Certificate of Liability Insurance (with A&Z Trucking added as a certificate holder) :

A&Z Trucking 115 Corporate Drive, New Windsor, NY 12553

2) 3 Credit References

3) US DOT MC License

4) W-9 Taxpayer Identification

5) Copy of your Workers Compensation Insurance AND a signature on page 20 of this packet regarding workers compensation.

6) Instructions to Carrier:

a. Please initial ALL PAGES in this packet b. Please sign and date Page 19

7) Broker/Carrier Agreement

a. Please fill out your portion of the agreement b. Please initial all pages c. Please sign page 26 of the agreement

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A&Z Trucking, Inc. Index

Page 1: ………………………………………………………………………..Cover Page

Page 2: ………………………………………….………...Information on items we need

Page 3: ………………………………………………………………………………Index

Page 4:………………………………….……………….……………Contact Information

Page 5:…………………………………….……………….……………Credit References

Page 6:………………………………………………..…………..Accounting Information

Page 7: ……………………………………..……………………….Company Information

Page 8: ….…………………………………….……………Carrier Network Information

Page 9: …………………………………………………………………..…Lanes Serviced

Page 10: …………………………..…………………………………..Promises to Carriers

Page 11: ………………………………………….Quick Pay and Fuel Advance Program

Pages 12-19: …………………….………….………………….…Instructions to Carriers

Page 20: .……………………………………………Workers Compensation Agreement

Page 21-25: ………………………………………………Brokerage - Carrier Contract

Page 26: ……………………………………………………….A&Z US DOT MC Number Page27-28:……………………………………………………………….A&Z Surety Bond

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A&Z Trucking, Inc. Office and Contact Information

Newburgh, New York Office Contacts:

(Corporate Main Office) Mike Dardin: 831-261-4740 (Cell) 115 Corporate Drive [email protected] New Windsor, NY 12553 Troy Bossert: 845-591-4244 (Cell) 845-569-7299 (Office Phone) [email protected] 845-569-0555 (Office Fax) Harpreet Singh 917-807-0460 (Cell)

[email protected] EFAX for Troy: Angie Heyaime: 845 476-0354(Cell) 866-233-3270 [email protected]

Salinas, California Office Darin Irwin: 831-444-5145 (Cell) 5 Gabilian Street [email protected] Salinas, California 93901 831-769-9669 (Office Phone) 831-769-9654 (Office Fax )

Jackson, Mississippi Office: Kristi Allen: 601-253-4815 601-253-4815 (Cell) [email protected] 601-253-9355 (Office).

Accounting Department Miranda Knowlton: 845-569-7299 (Office Phone) 845-569-0555 (Office Fax) [email protected]

Chris Dressen: (Accounts Payable) 845-569-7299 (Office) 845-569-0555 (Fax) [email protected]

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A&Z Trucking, Inc. Credit References

A-One Logistics 3131 Roeding Road

Ceres, Ca 95307 888-725-7441

Contact: Manjeet

Roesheone Jones Trucking 1256 Desante Street Placentia, Ca 92870

714-767-5351 Contact: Roesheone

Zafar Produce 115 Corporate Drive

New Windsor, Ny 12553 845-562-7450

Contact: Syed Zafar

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A&Z Trucking, Inc. Accounting Information

Accounts Payable

Chris Dressen (Accounts Payable)

845-569-7299 (Office Phone) 845-569-0555 (Fax)

[email protected] (Email)

Claims Department

Miranda Knowlton (Head Accountant)

845-569-7299 (Office Phone)

845-569-0555 (Fax)

[email protected]

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A&Z Trucking, Inc. Company Information

Corporate Profile A&Z Trucking is a leading transportation solutions provider. Established in 2003, with headquarters in New Windsor, New York, and a satellite office in Salinas, California, A&Z Trucking provides hands-on, timely, customer-focused transportation services to customers located throughout the United States, Canada and Europe. The 60+ years combined experience of our management team and our solid infrastructure allow us to facilitate shipments across the globe, while ensuring on-time delivery, personalized service and premium-quality customer service.

Corporate Mission

At A&Z Trucking, we have a mission which we are delighted to share with you…To provide our customers with personalized, premium quality service, extremely competitive pricing, flexible solutions, ensuring on-time delivery and unsurpassed performance, while conducting our business with honesty and integrity.

Customers

Providing our customers with personalized service and working with them to find the perfect solution for their transportation and logistics needs is always top priority for us. We value our customers and feel privileged to have been awarded their business.

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A&Z Trucking, Inc. Carrier Network

Network At A&Z Logistics, we proudly serve customers through our extensive local (United States and Canada) and international network.

Join our Carrier Network

A&Z Trucking is home to an extensive carrier network. Our growing carrier network allows us the ability to leverage volume and experience and provide numerous carrier benefits to our participating carriers.

Pay advances

• Quick Pay o 4% Fee on total gross (Fuel advance no additional fee) o Paid rest after receipt of copy of BOL (via fax, email, or Transflo). o Original needs to be eventually mailed to us.

• Fuel Advances o 2% Fee o Up to 50% of the gross rate once all pick ups have been made

Proof of pick ups (via BOLS) are required Request must be in writing

Carrier Benefits

Join A&Z Trucking’s carrier network today and take advantage of the following benefits:

• Online appointment setting • Multiple loads (Consistent volume and lanes) • Ongoing communication

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A&Z Trucking, Inc. Sales Department Lanes

Michael Dardin: California/Arizona to Texas, Southeast, Mid-Atlantic,

Midwest, and Northeast 831-261-4740

[email protected]

Darin Irwin California/Arizona to Texas, Northwest, Midwest,

Mid-Atlantic and Southeast 831-444-5145

[email protected]

Troy Bossert West Coast to Northeast, Mid-Atlantic, Southeast

Florida/Georgia to Southeast, Mid-Atlantic, Northeast Northeast to the Southeast

845-594-4244 [email protected]

Kristi Allen

California to Gulf Coast/Southeast 601-253-9355

[email protected]

Harpreet Singh Dry Freight Nationwide

917-807-0460 [email protected]

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A&Z Trucking, Inc. Promises to Carriers

• Dedicated Routes

• Daily Routes available (sent via emails)

• 24/7 Communication Access • Appointment Scheduling made for you

• Pick scheduling and product readiness done for you

• Competitive Rates

• Quick Pays Available (same business day)

• Fuel Advances Available (up to 50% of gross)

• Quick Turn around on regular pay (30 days from time we receive the invoice)

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A&Z Trucking, Inc. Quick Pay and Fuel Advances

DO NOT SED ME YOUR PAPERWORK.( If you send it to me it will delay the payout)

SEND IT TO: Chris in my accounts payable (845-569-7299//[email protected]) Fuel Advance:

1) Up to half the agreed upon rate confirmation amount is given once all pickups have been made. It will be disbursed via a comcheck express code (emailed or sent text message)

2) You must show proof all pick ups have been made (email, text, or fax a copy of all

BOL’s)

3) This request can only be made by an owner operator or a dispatcher for the carrier and

must be submitted in writing (email or text is fine).

4) A 2% fee of the ENTIRE gross rate confirmation is charged. You will be charged $3.50 per every $900 (starting at the 1st $) at the time you cash your com-check by comdata. We have no control over that fee. It is dictated by com-data.

Quick Pay

5) A 4% fee of the ENTIRE gross rate confirmation is charged. If a Fuel Advance was taken

the original 2% fee will be waived as the total fee on quick pays are 4% .

6) If you wish to receive the remainder of the rate confirmation price immediately:

a. All BOL’s and POD’s must either be sent by fax (845-569-0555), TransFlo or

email: [email protected] before 12 pm EST. b. Originals must be sent at some point, but will not hold up pay

7) The remainder of the rate confirmation minus the 4% fee and all or any other fees or

additions will be disbursed via an comcheck express code (emailed or sent text message) You will be charged $3.50 per every $900 (starting at the 1st $) at the time you cash your com-check by com-data. We have no control over that fee. It is dictated by com- data.

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A&Z Trucking, Inc. Instructions to all Carriers on A&Z Loads: 1) Your Broker is available 24/7. CALL OR TEXT your broker at the following #’s for any

or all issues.

a. Mike Dardin: 831-261-4740 ([email protected])

b. Troy Bossert: 845-591-4244 ([email protected])

c. Darrin Irwin: 831-444-5145 ([email protected])

d. Kristi Allen: 601-253-4815 ([email protected])

e. Harpreet Signh: 917-807-0460 ([email protected])

2) All Loads require a Check Call first thing in the morning and in the evening before 5 pm

3) All Loads require you to notify us if the truck is running behind for any and all reasons

4) You are required to give the rate confirmation to the driver. If you wish to give them

without the rate on it, please request one. The driver must know the Pick Up #’s, the PO

#’s, case counts, pallet counts, who the customer is, & Appointment Confirmation #’s.

5) If the truck breaks downs you are to notify us immediately

6) Always follow the shipper’s instructions for temperature for the product you are carrying.

a. If this is a mixed produce load and you are unsure on the temperature, please

contact your broker to discuss what temperature you should run your reefer at.

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b. You the carrier will be responsible for damage caused by failure to follow the

shipper’s instructions for temperature.

7) Please plan accordingly as these are Produce loads.

a. You and us are at the mercy of the shipper to get you loaded. They may take a

long time.

i. If the product will not be ready until the next day, notify your broker

immediately.

ii. Your broker will make the determination whether you should skip that

pickup or wait until the next day.

iii. Under no circumstances are you to skip a pick up without discussing it

with your broker.

iv. If the shipper says the product will take more than 4 hours before they are

ready to load you, notify your broker and we will work to get you loaded

faster.

b. You and us are at the mercy of the receiver to get you unloaded. They may take a

long time.

i. We cannot control how quickly they unload you, and they may take at

least 8 hours from your appointment time. Please plan accordingly.

ii. Do not ask for detention money for this as we cannot control how long the

receiver takes to unload you.

iii. We can only attempt to get you layover and detention money if you are

required to stay at your current location for 18 hours or more, AND it is

the fault of the shipper and/or the customer. NOT if it is your fault.

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are no issues with the load that the shipper has put onto your truck. This means that any

damages from that point forward is your responsibility.

a. If you feel the shipper may have damaged the product loading it, do not sign the

BOL until the shipper has acknowledge this or you have contacted your broker.

A&Z is not liable for these damages.

b. Any and all damages caused by the shipper to you is between you and the shipper.

Contact us immediately and we will notify the customer immediately. Take

pictures for proof. Please understand the customer is who we work for not the

shippers.

c. Do NOT allow the shipper to use your truck or reefer for their only personal use.

Notify your broker immediately if this occurs.

d. You MUST make sure that you have picked up ALL the pick up#’s and product.

i. Do not leave the shipper until you have all the pick ups on your load.

ii. Do not leave the shipper until you have all the product on your load

(including pallets and case counts that match your rate confirmation if

applicable).

iii. Do not leave the shipper until you have all the BOL’s for all the pick up

#’s on your load.

iv. Double check all of this. You do not want to arrive at the delivery with

missing product. You will be held financially liable for missing product.

e. Always ensure that the shipper has put the correct information on the BOL. The

BOL must match your rate confirmation. It must show the pick up #, the PO #, the

correct product, the correct product count, and the correct delivery location. Your

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delivery location may not unload you if your BOL is wrong, which may cause

delays in your unloading.

9) Watch the receiver at all times.

a. Give them ALL your BOL’s. Let them sort them out. Even if you think you know

what they are supposed to receive, let them be the ones that sorts through them.

This way if there is a mistake made, it is on their end.

i. Always get the name of the person that sorted through your BOL’s and

unloaded you. This way if there is a mistake it is on their end, and we can

reference them as being at fault.

ii. Ensure they unload you properly (including unloading and receiving the

correct and all products).

iii. If they damage the product while unloading, ensure that you notate that

with them and take pictures prior to receiving the BOL. Failure to do

this will make you financially liable.

iv. Ensure you get all the BOL’s back from the receiver, and that they are

signed for the product you just delivered.

10) Some products may be rejected for quality or damage from the receiver. You may be

asked to do one of the following:

a. Re-Deliver to a location within a 350 mile radius(a re-delivery fee will be given)

i. Re-delivery may not be the same day (usually they are). In some cases if

the product is rejected on a Friday, the re-delivery might not be until

Sunday evening. You will be given a re-delivery fee and a

holdover/detention fee.

b. Wait for a USDA inspection. USDA inspections occur on Weekdays in the

morning. If you are rejected on a Friday morning, you may have to wait until

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Monday for the inspection. If the damage or rejection is not your fault then you

will be given a hold-over/detention fee from the customer (usually around $250

per day (but this can vary)).

c. Under no circumstances are you to throw away the product that has been rejected

and put back on your truck. Contact your broker and let them make that

determination for you.

11) Your rate confirmation is your agreed upon line haul price Pallet count and case counts

going to each receiver may change once the truck is fully loaded. You are being paid

as a line haul ONLY. Whatever the receiver takes off your truck or put back on DOES

NOT effect the rate. Your broker will try to get you additional money for layovers,

holdovers, detentions, and re-deliveries. However, your broker will be the one to work

for you. Do not ask the broker for more money because a shipper took too long to load

you or a receiver took too long to unload you.

12) Fuel Advances

a. Once ALL pick ups have been made

b. After 5pm, up to 1 am Mon-Fri call 845-569-7299

c. Carry a 2% fee of the entire rate confirmed price.

d. Up to ½ of the rate confirmed price can be given.

e. We will text you or email you the information

f. Request must be in writing from an authorized representative from the carrier.

g. Done via comcheck

13) Quick Pays

a. Given once a copy of ALL BOL’s, POD’s, and lumper/unloading receipts have

been received (we do not need the originals up front to pay you).

b. Given out the same business day as long as our Accounts Payable department has

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c. Copies can be emailed, faxed, or transflo’d into us. Fax # in NY: 845-569-0555 in

Email to [email protected] call Chris 845-569-7299.

d. Originals MUST be mailed to us.

e. MUST BE received before 12 pm the same day to get paid, otherwise it will be

paid the next business day.

f. Carry a 4% fee of the entire rate confirmed price (if a fuel advance was taken

there will be no fee for this on top of the quick pay).

14) All lumper and unloading fees are paid by you and reimbursed by us. All other fees are

not reimbursable unless your Broker has discussed it with you and given you the ok up

front. Do not call and ask for a com check to pay for unloading.

15) Load all your pallets sideways or pin-wheeled in order to fully maximize the cargo room

on your trailer. On full load berry loads NEVER load the pallets straight in. You must

maximize air flow. In some cases we may need to rearrange your truck, we will

reimburse you for any costs involved in this, however you must seek approval from your

broker first. Failure to get approval from your broker may result in us not reimbursing

you.

16) Do not run your truck heavier than legally allowed. We will NOT pay for any tickets you

receive for being overweight. We are not asking you to carry the load over-limit.

a. Always weigh you truck at or near the shipper. Do not go a bunch of miles and

then weigh yourself and realize you are overweight then. You will be required to

cut the product BACK at the shipper you just left (and we will not reimburse for

the extra mileage).

b. If you cannot weigh yourself at the shipper, go to the closest weigh station and

weigh yourself. Do not drive 300 miles before realizing you are overweight. You

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17) A&Z is a Truck/Freight Broker. We are a middleman and will do the best we can to

represent both sides of the transaction . We promise we will we fair in our representation.

WE DO NOT CO-BROKER. As such will NOT pay a co-broker ANYTHING. 100% of

the rate confirmation goes to the carrier if we find out you co-brokered the load. Do not

seek further compensation as we are marking this 100% clear.

18) You as a carrier are required to carry and furnish proof of workers compensation. We will

not be held liable for a carrier’s employee, subcontractor, or contractor needing to file

workers compensation for any reason. This is your sole responsibility. By signing this

form and taking this load now from us (or in the future) you agree to this. If you are

exempt from this, please sign the waiver on page 19.

19) You as the carrier are responsible for the product arriving in perfect condition. The

customer will hit you for any damaged product (including boxes/cases being dented or

bent). If the product is damaged during loading or unloading I suggest do the following

procedures in order to protected us and you:

1. Take Pictures of the damaged boxes/cases (and send them to me immediately)

2. WATCH the loading. DO NOT sit in your truck. Take pictures of the product prior to

loading. If the shippers damage other product from other shippers…notify me

immediately and take pictures.

3. For shipping: Make sure the shipper or receiver acknowledges the damaged

cases/boxes by making them sign the BOL saying they are damaged.

4. If you sign the product out, you are acknowledging that you have ALL the product. If

any product is missing you will be held liable for missing product. VERIFY the cases you

are taking!

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5. On Receiving: Inspect the product and cases PRIOR to delivery. If anything has shifted

or fell over, restack the cases/boxes PRIOR to delivery.

6. On Receiving: DO NOT sit in your truck. WATCH the unloading if you are not doing

it yourself. If during the unloading the receiver damages any of the boxes or cases you

MUST take pictures of it and notify me immediately.

Failure to do any of the aforementioned 6 steps MAY result in damage/missing penalties to

you. These suggested steps are in place to protect you and us from any penalties. YOU MUST

DOCUMENT AND NOTIFY US for possible protection. If there are damages and you did not

do any of the aforementioned 6 steps there will be penalties and no protection.

20) You are responsible for the entire load until all product is off your truck completely and

you have clean BOLs. This includes redeliveries. Product must be maintained in the same

condition using same procedures for redeliveries. NEVER EVER dump the product

unless you have gotten specific instructions to do so. Failure to do any of this will make

you liable for the product.

21) Failure to sign: By starting (defined as showing up to the first shipper and requesting the

product there), the load as explained in the rate confirmation, but failing to sign this

carrier packet, carrier-broker agreement, rate confirmation, instructions, or any other

binding agreement, you are expressly agreeing to all the terms set forth in the

aforementioned documents.

A&Z Trucking M C # 5 1 0 4 4 9 N Y : 8 4 5 - 5 6 9 - 7 2 9 9 C A : 8 3 1 - 7 6 9 - 9 6 6 9

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Worker’s Compensation and Waiver Agreement: Carrier also shall carry, furnish, keep in force at all times Worker’s Compensation insurance in the amount required by New York law. Workers' compensation insurance is required by all states for all employers who have two or more employees, whether your employees are clerical office workers or truck drivers. You need to have workers compensation insurance.

Carrier Agreement You as a carrier are required to carry and furnish proof of workers compensation. We will not be

held liable for a carrier’s employees, sub-contractors, or contractor being injured or having

something occur where a worker’s compensation claim needs to be filed. This is your

responsibility. Any and all legal actions brought by you or one of your employees, contractors, or

sub contractors will bare you as the sole party responsible for all legal fees we at A&Z Trucking

and/or affiliated parties may incur if a court upholds this agreement. By signing this form and

taking any now or in the future you agree to these terms. X X

Owner-Operator Agreement

Terms and conditions for Owner-Operators are the same as for a Carrier, except in some states

worker’s compensation is not required for owner-operators. Below is a statement you can sign

that states you are acknowledging you reside AND your business is located in one of these states. HOWEVER, should you be injured while being sub-contracted by us to do a “load.” you agree

to hold us harmless and further acknowledge you were instructed to carry worker’s

compensation, and it was your own choice, under your own power to choose not to carry

worker’s compensation for yourself. You will fall under the same category as the Carrier

agreement above. I'm not subject to the workers' comp law in my state, therefore I have legally elected not to

purchase it. However, should that ever change, I will make sure I follow the statute and

purchase workers' comp insurance."

X X

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BROKER-CARRIER CONTRACT (Page 1 of 5)

This contract is made this referred to as “BROKER” and “CARRIER”.

day of _, 20 between A&Z Trucking, hereinafter _, hereinafter referred as to

RECTICALS

1. Broker is a freight broker, duly authorized by the Federal Highway Administration (FHWA) under permit number MC 510449, a copy of which is attached hereto and made a part hereof, to arrange for the transportation of property by motor carrier on behalf of motor carriers, shippers, consignors, receivers, consignees, and for the purpose of contract carriage, sufficiently controls the arrangements for transportation of the commodities to be tendered to carrier under this contract.

2. Carrier is a motor carrier of property, duly authorized by the Federal Highway Administration under permit number MC , a copy of which is attached hereto and made a part hereof, to provide transportation of property under contract for shippers and receivers of general commodities.

3. Broker & Carrier understand that this contract does not bind the respective parties to mutually exclusive service to each other, and that Broker may enter into similar contracts with other motor carriers, and Carrier may enter into similar contracts with other shippers and receivers.

TERMS & CONDITIONS

1. General Obligations and Scope of Contract. During the time of this Contract, Broker shall tender a series of shipments to Carrier for transportation and Carrier shall accept and transport a series of shipments tendered to it by Broker. All for-hire motor carrier transportation services provided by Carrier for Broker during the term of this Contract shall be provided by Carrier as a contract under the terms of this Contract.

2. Term and Termination. The term of this Contract shall begin on the date set fourth above or on the date the first shipments is tendered by Broker to Carrier and is transported by Carrier, whichever is earlier and shall remain in effect for a period of one (1) year. Thereafter, the Contract shall automatically renew from month to month until terminated. The Contract may be terminated by Broker at any time for any reason by giving Carrier at least thirty (30) days prior written notice. This Contract shall be automatically cancelled in the event of the event of the cancellation, suspension of revocation of Carrier’s Motor Carrier license issued by the FHWA, or in the event either party files a petition for bankruptcy.

3. Specific Obligation of Broker.

A) Payment. Broker agrees to pay Carrier for the transportation of the commodities moved under this Contract the rate and charges set fourth on paragraph 5, a herein. Broker agrees to pay Carrier within thirty (30) days after receiving all required proof of delivery paperwork.

4. Specific Obligation of Carrier.

A) Service. Carrier shall transport shipments for Broker by motor vehicle from and such points

between which service may be required, without delay, subject to the availability of suitable equipment for the traffic offered and specific shipments instructions, all in accordance with the terms and conditions of the Contract. Carrier shall transport and deliver all freight in as good condition as when the Carrier for transport. Carrier, at its sole cost and expense, shall furnish all equipment in clean condition, good repair and working order. Carrier, at its sole cost and expense, shall provide all employees or other personnel necessary to provide service hereunder; and all employees or other competent and legally qualified to handle and transport the shipments transported hereunder. Without the prior written consent of Broker. Carrier shall not cause or permit any shipment tendered hereunder to be brokered to or transported by any other motor carrier, or in substitute service by railroad or other modes or transportation. Carrier shall perform loading and unloading services as required by Broker or Broker’s customers.

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B) Bill of Lading. Carrier shall issue a bill of lading. In a form furnished by Broker and Broker’s

customer at the option of the Broker, for all property it receives for transportation under this Contract. Failure to issue or sign a bill of lading shall not affect Carrier’s liability. The bill of lading shall be evidence of receipt of the described property by Carrier in good order and kind, quality and condition except as noted on its face. The bill of lading shall note that the shipment was transported by carrier acting as a Carrier acting as a Carrier and that transportation for the shipment was arranged by Broker. The name of Broker or Broker’s customer shall be inserted in the black for the shipper, and the name of the receiver shall be inserted in the blank for the consignee. The bill of lading is to be signed by Carrier upon receipt of the shipment and will show the kind, quantity and condition of the commodities received and delivered by Carrier at the loading and unloading points. When Broker has assembled multiple shipments into carload or truckload lots, the list of underlying shippers and consignees will be attached as an appendix to the bill of lading.

C) Refused or rejected Shipments. When a shipment is refused or rejected by the consignee, or Carrier is unable to deliver for any reason, Carrier must notify Broker immediately in order to receive disposition instructions.

D) Liability. Carrier shall be liable to Broker’s customer, the beneficial owner of the cargo, or their respective assigns for the full actual loss, damage, or injury to freight, persons, business or other property, including expenses for delay, costs of recovery, cleanup or containment of commodity, occurring while shipment was in the possession or under the control of Carrier pursuant to this Contract or resulting from Carrier’s performance of, or failure to perform, the services provided for herein. For purposes of this contract, all liability standards and burdens of proof hereunder are governed by the common law applicable to common carriers and by 49 U.S.C 11707.

E) Cargo Insurance. Carrier shall maintain cargo insurance in the amount equal to the full value of the maximum quantity of goods expected to be transported at any time under this Contract, but in no event in any amount less than $50,000 per shipment to compensate Broker, Broker’s customer, or the beneficial owner of the freight for and all loss, damage or delay to property which was placed possession or control of Carrier in connection with services provided by Carrier hereunder. Carrier shall cause its insurance carrier to immediately forward to Broker a Standard Certificate of Insurance requiring the insurance carrier to give Broker written notice thirty (30) days prior to the cancellation of the cargo insurance.

F) Public Liability and Worker’s Compensation Insurance. Carrier’s insurance carrier shall provide Broker a certificate of public liability insurance prior to or at the time this Contract is signed by the parties, which certificate shall require the insurance carrier to give Broker written notice thirty (30) days prior to cancellation of the liability insurance. Carrier also shall carry, furnish, keep in force at all times Worker’s Compensation insurance in the amount required by New York law.

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G) Hold Harmless. Carrier shall defend and hold Broker and Broker’s customer harmless from, and indemnify Broker and Broker’s customer for any and all liability, costs, damages or claims, including attorney’s fees, for loss or damages to any freight in Carriers possession or control pursuant to this contract. Carriers further shall defend and hold Broker and Broker’s customer harmless from, and indemnify Broker and Broker’s customer from any and all liability, costs, damages, claims, including attorney’s fees, for personal injury or death or property loss damage arising out of the acts of omissions of Carrier in providing services hereunder. Carrier’s obligation to defend, hold harmless and indemnify Broker shall survive and termination of this contract.

H) Authority. Carrier warrants that it has, and will have during the entire term of this Contract, authority from all federal, state and other governmental bodies to legally provide all services called for hereunder in a lawful and prudent manner. Carrier will immediately notify Broker of any change in its authority. No freight charges will be due or owing by Broker or Broker’s customer during any period that Carrier’s authority is cancelled, suspended or revoked.

I) Appointments. Carrier shall make and keep all delivery appointments. Appointments must be made and communicated to the Broker by the Carrier on the same day shipment information is received if time allows, and in any event no later than the morning of the next day.

J) Waiver of Lien. Carrier shall neither have nor claim any lien rights on or against any property transported under this Contract. In the event that Carrier violates the terms of this paragraph, its terms of this paragraph, it shall forfeit all rights to any and all charges for shipments transported pursuant to this Contract then due and owing by Broker or Broker’s customer to Carrier.

5. Rates and Charges.

A) Rates. The rates and charges Carrier agrees to bill Broker for services provided under this Contract, and the rates and charges Broker agrees to pay Carrier for services provided under this Contract, shall be set forth on a per load basis. A confirmation fax will be sent for each load tendered by Broker to Carrier. Confirmation must be signed by Carrier and faxed back to Broker immediately.

B) Billing. Carrier shall send its invoices for prepaid freight to A&Z Trucking, 115 Corporate Drive, New Windsor, Ny 12553. Carrier shall have no recourse against Broker for unpaid collect shipments.

C) Payment by Broker’s Customers. Payment of the freight charges to Broker by Broker’s customer shall relieve the Broker’s customer, receiver, cosigner, and consignee of any additional liability for freight charges. Carrier’s sole recourse shall be against Broker except where otherwise provided in this contract.

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24 | P a g e


6. Claims. Claims against Carrier for loss, damage, injury or delay to freight may be filed Carrier by Broker, Broker’s customer, parties to the bill of lading, or the beneficial owner of the freight within nine (9) months of delivery or, in the event of loss, within nine (9) months of when delivery should have reasonably occurred. Carrier shall acknowledge freight claims within forty-eight (48) hours of receipt. Claims shall be settled within thirty (30) of receipt unless otherwise agreed. The time limit within which Broker must institute suit against Carrier to recover on a claim shall be two years and a day from the date Broker received a written disallowance of the claim from Carrier.

7. Carrier‘s Equipment and Driver responsibility.

A) Confiscation. Neither Broker nor Broker’s customers shall be liable to Carrier for any damages

sustained by or to Carrier’s equipment or loss by confiscation or seizure of Carrier’s equipment by any public authority.

B) Condition. Carriers equipment shall be clean, odor-free, dry, leak-proof and free of contamination and infestation. Said equipment shall be subject to inspection for suitability of cleanliness and safety by Broker or Broker’s customer, and must meet with their approval.

8. Compliance with Federal Lax Regarding Contract Carriers. Both parties recognize that the motor contract service to be provided hereunder is based on the Carrier either (a) Assigning motor vehicles for continuing periods of time for the exclusive use of Broker or Broker’s customer(s), or (b) providing a service designed to meet the distinct needs of Broker or Broker’s customer(s) This Contract contemplates both the assignments of motor vehicles for a continuing period of time and services designed to meet the distinct needs of, Broker and/or Broker’s customers, depending upon the circumstances.

9. Compliance with Other Laws and regulations. Carrier shall comply with all applicable ICC and DOT

regulations as well as all other federal and state laws or regulations applicable to motor contract carriers.

10. Independent Contractor Relationship. The relationship of the Carrier to the Broker shall at all times be that of an independent contractor, except that the Broker shall be the agent for the carrier for the collection of freight charges under paragraph 5. Carriers shall be an independent contractor and not a servant, agent, employee, joint venturer or partner of Broker. Carrier shall be totally responsible for the following: Selection, compensation, working hours, working conditions, retention and discipline of personnel, supervision and control of the personnel of personnel of Carrier and the mode and manner in which they perform their duties; legality or length, weight and height of cargo as loaded, selection of routing, periods of rest, periods of maintenance, maintenance of logs, safety precautions, and all suck other activities involved in performing its duties there under; compliance with federal, state, municipal and other application motor carrier laws and regulations; payment of all federal, state and local personnel and business income taxes, social security contributions, unemployment taxes, worker’s compensation premiums or expenses, other expenses or contributions typical for employees, business and license fees, fines or penalties or interest on any of the forgoing arising out of the activities of Carrier pursuant to this Contract; selection, repair and maintenance of all equipment; and all costs and expenses incurred in providing services hereunder.

11. No Solicitation of Customer. During the term of this Contract and for a period of one (1) year from the time

of the termination of this Contract, Carrier shall not, directly or indirectly, solicit or do business of a transportation or warehousing nature with any of Broker’s customers who are serviced by Carrier as a result of this Contract, unless otherwise to in writing, Further and without waiving the foregoing, Carrier shall pay Broker the sum of fifteen (15) percent of all gross revenues that Carrier either receives or bills Broker’s

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25 | P a g e


customer for cargo transported by Carrier for Broker’s customer in violation of the provisions of this paragraph. Broker shall also be entitled to seek other relief, such as injunctive relief to enforce the provisions of this paragraph.

12. Force Majeure. Neither party is liable for the failure to tender or timely transport freight under this Contract

if the delay or other omissions is caused by strikes, acts of God, war, accidents, civil disorder, or through compliance with legally constituted order of civil or military authorities.

13. Attorney Fees. In a proceeding, action or suit involving this Contract, whether arbitrated or judicially

determined, the prevailing party shall recover from the losing party amounts the arbitrator or court determines reasonable as costs and attorney fees for the proceeding, action or suit, in addition to any other sums as may be allowed as provided by law.

14. Governing Law; Jurisdiction; Venue. The Contract shall be governed by and construed in accordance with

the laws of the State of California. Any action filed in relation to this Contract shall be filed in the District or Circuit Court for the State of California, whichever court is appropriate, in either the county of Broker’s domicile or Orange County, New York at the option of the Broker. Carrier agrees to, and hereby does, submit to the jurisdiction of the courts of the State of New York and further consents that the proper venue for any action shall be in either the county of Broker’s domicile or in Orange County, New York.

15. Nonwaiver. Waiver of any default or breach of this Contract of any warranty, representation, covenant or

obligation contained herein shall not be considered as a waiver of any subsequent breach.

16. Authority of Representation to Blind Parties. The parties warrant that the persons signing this Contract respectively for Carrier and Broker are their authorized representatives to sign such contract. No further proof of authorization is or shall be required

Broker: Carrier:

A&Z Trucking, Inc. Company Name: 115 Corporate Drive Street Address: New Windsor, Ny 12553 City, State, Zip:

By: Signature: Printed Name: Michael Dardin Printed Name: Title: PRESIDENT Title:

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26 | P a g e

TQL Fax 513-248-534 7 5/6/2009 2 : 04:26 PM PAGE 5/009 Fa x Server

U.S. Department of Transportation Federal Motor Carrier Safety Administration

400 7th Street SW Washington, DC 20590

Service Date March 21,2005

LICENSE

MC-510449-B A & Z TRUCKING, INC

NEW WINDSOR, NY

This License is evidence of the applicant's authority to engage in operations, in interstate or foreign commerce, as a broker, arranging for transportationof freight (except householdgoods) 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.

AngellSebastian.Chief Information Systems Division

NOTE: This registration is issued pursuant to a transfer

2 1109

FORM BMC-85 Page 1of 2

FORM BMC-85 Revised 09/26/2013 OMB No.:2126·0017

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 penal ty for failure to com ply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of i nformation displays a current valid OMB Cont rol N umber. The OMB Control Number for this information collection is 2126-0017 Public reporting for this collection of informat ion 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 bu rden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to:Informat ion Collec t ion Clearance Officer. Federal Motor Carrier Safety Administration, MC-RRA, Washington, D.C. 20590.

United States Department of Transportation Federal Motor Carrier Safety Administration

Broker's or Freight Forwarder 's Trust Fund Agreement under 49 U.S.C. 13906

or Notice of Cancellation of the Agreement

FORM BMC-85

Filer FMCSA Account Number:-=2=-4'--'8=-8=-6=------ LicenseNo.MC- 510449 ----

KNOW ALL MEN BY THESE PRESENTS, that we, A"-:-& Z":-T:-R--:C-U--=KIN G-:'-,_IN_C-:-.-:----- ---- - ----------

(NameofBroker or Freigltt Forwarder)

of 115 CORPORATE DRIVE NEW WINDSOR New York (Strut) ..:(.,:.C=ity.,:. .; .,:...:.::...;.:::...=...=..:..=----- (State)

as TRUSTOR (hereinafter called Trustor), and 1st Security Financial Corp

12553 (Zip!

-,n.o-if -ustee7)-------- ------------------------------------

a financial institution created and existing under the laws of the State of _0::-h__·, 0,..------- asTRUSTEE (hereinafter called Trustee) (Stntt)

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 ofthe Federal Motor Carrier Safety Admi nistration (FMCSA) relating to insurance or other security for the protection of motor ca r riers and shippers, and has elected to file with the Federal Motor Carrie r 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 assu re compliance by theTrustor as either a l icensed B roker or a licensed Freight Forwarder ofTransportation 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 shi ppers, and shall i n ure to the benefit of any and all motor carriers or shippers to whom the Trustor may be legally liable fo r any of the damages herein descri bed. 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 u ntil the funds deposited by Trustor pu rsuant 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 secu rity and t rust fund, pursua nt 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, ack nowledge 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 obliga tion under applicable law.

6. Trustee shall pay, up to a limit of Seventy Five Thousand Dollars ($75,000) for a Broker or Freight Forwarder, di rectly 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 ofTrustor's failure to perform faithfully its contracts, agreements, or ar rangements for t ransportation 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, ofTrustor.

FORM BMC.85 Page 2 of 2

FORM BMC.85 Revised 09/26/2013 OMB No.:2126·0017

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 thi rty (30) days, replenish the trust fund up to Seventy FiveThousand 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 FiveThousand 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 cancell ation.

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 di rectly to Trustor and in no event shall said sums be paid from the corpus of the trust fund herein established.

11. Trustee shall maintai n 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 Ohio , to the extent not inconsistent with the rules

and regulations of the FMCSA.

This trut fund agreement is cf!'(ctive the 22nd <.hy of October 2013 , 12:Ca.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 descri bed which arise as the result of any contracts, agreements, undertakings, or arrangements made by theTrustor 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 instru ment on the .._-...-. ;-J.9A day o f f7(7tJ (? /Z_

TRUSTOR TRUSTEE

A & Z TRUCKING, INC.

COMPANY NAME 115 Corporate Drive New Windsor

1st Security Financial Corp

COMPANY NAME

3929 Noe Bixby Rd

Columbus

STREET ADDRESS New York 12553

CITY

845-534-4589 STREET ADDRESS

Ohio 43232

CITY

614-834-8141 STATE Syed Zafar, President

ZIP CODE STATE ZIP CODE TELEPHONE NUMBER J. Penny Larson, Presidenb ,

(type ?1iJint 'i niipul officer'sn11

A"'·

NOTICE OF CANCELLATION

This is to advise that the aboveTrust Fund Agreement executed on the

day of is hereby cancelled as security in compliance with the FMCSA security requirements under 49 U.S.C.

13906(b) and 49 CFR 387.307, effective as of the day of - - - - ----- -----• 12:01 a.m., standard time at the address of the trustor, provided such date is not less than thirty (30) days after the actual receipt of this notice by the FMCSA.

(witue;y 11 ure)

Onlyfinaucial institutions as defined under,19 CFR 387.307(c) may qual!fy to act a< Tmstee.Trustee, by tile above <ignnture, certifies tlrat it is a financial institution and has legal authority to assume tire obligations of Trustee and the financial ability to discharge therrr .

(affix Tru<tee sal)

Dnrc Signed Signatur·e of Autlrorized Repremrrntive

ofTrustE:or Trustor

Carrier Packet for carriers v6.T

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