Conditions of Service for Logixtrek LLC

Effective Date: 11/15/2023

1. Agreement Overview The entire agreement between Logixtrek LLC (“Carrier- MC 1590829”) and Any Broker under FMCSA consists of: (i) these Terms and Conditions of Carrier Services, and (ii) any additional terms proposed by Broker in writing and signed by Carrier (collectively, the “Agreement”). This Agreement becomes binding when accepted by Both Broker and Carrier through acknowledgment or performance. These Terms and Conditions apply to all shipments received by Carrier and may be amended by Both at its sole discretion. Any terms proposed by Broker that conflict with this Conditions of Service is void unless specifically agreed to in writing by Carrier.

2. Carrier Representations and Warranties Carrier represents and warrants that it:

a. Is a registered Motor Carrier of property, authorized to transport property under contracts with shippers, receivers, and brokers. b. Maintains a satisfactory U.S. DOT Safety Rating and will promptly notify Broker if the rating becomes “unsatisfactory” or “conditional.” c. Will transport property under its own operating authority and according to this Agreement. d. Makes these representations to induce Broker to enter this Agreement. e. Acknowledges that a shipper’s use of Broker’s name on the bill of lading is for convenience and does not change Broker’s status as a property broker or Carrier’s status as a motor carrier. f. Will not re-broker, subcontract, assign, or lease shipments without Broker’s prior written consent. Carrier remains liable for any loss or damage, and Broker may pay amounts owed directly to the delivering carrier if Carrier breaches this provision. g. Complies with all applicable federal, state, and local laws related to its services, including those regarding hazardous materials, driver training, and safety regulations. h. Will immediately notify Broker if its federal operating authority is revoked, suspended, or rendered inactive, or if there are changes in ownership or insurance status.

3. Broker Responsibilities a. Broker agrees to solicit freight transportation business for Carrier, providing the place of origin, destination, and any special shipping instructions. b. Broker will conduct billing services, and Carrier shall invoice Broker for agreed-upon charges (“Rate Confirmation”), which will be incorporated by reference. c. Fuel surcharges and accessorial charges will be applied as outlined in the Accessorial  Schedule on Section 7.1 through 7.7 and must appear separately on Rate Confirmation Under Pickup or Delivery Section. d. Broker is responsible for payment to Carrier, provided Carrier is not in default. If payment is not made within 60 days, Carrier may collect from all parties involved after giving 10 days’ prior written notice. e. Broker will notify Carrier immediately of any changes to its federal operating authority or insurance status. f. Broker arranges transportation but does not perform it.

4. Carrier Responsibilities Carrier agrees to provide necessary equipment and qualified personnel to complete transportation services without using third-party equipment unless expressly authorized in writing by Broker. Carrier will not use equipment that has transported hazardous waste. All shipments will be transported and delivered promptly or as otherwise agreed in writing.

5. Liability a. Carrier is liable for any loss or damage to shipments received for transportation under this Agreement, per the terms of 49 U.S.C. §14706. b. Carrier shall issue a compliant bill of lading for all property received. Responsibility for the freight commences upon taking possession and continues until delivery. c. The measurement of loss or damage is based on the lesser of the shipper’s invoice price or cost of manufacture. d. Neither party is liable for consequential damages unless prior written notice of potential loss was given.

6. Indemnity a. Carrier shall defend, indemnify, and hold Broker harmless from any claims arising from Carrier’s performance or breach of this Agreement, including cargo loss or damage. b. Carrier shall also indemnify Broker against claims from Carrier’s employees or contractors resulting from Carrier’s services. c. Indemnification includes legal fees incurred due to freight loss and damage claims.

7. Compensation and Accessorial Schedule: Carrier Compensation would be determined by the Agreed and Signed Rate Confirmation for the Standard Linehaul rate or all in rate only. Any additional compensation included but not limited to Detention, Layover, Driver Assist, Lumper, Late Fees etc would be impose by the Accessorial Schedule here unless until it is discussed, reviewed, agreed and Signed Clearly As a Line item in the Rate Confirmation Document Under Pickup or Delivery Section of the Rate Confirmation Document. Any Fine Print, Annotation or Annex in Rate Confirmation would be outweigh by this Accessorial schedule unless it is discussed, reviewed, agreed and Signed Clearly As a Line item in the Rate Confirmation Document. Inability to  Review the Accessorial Schedule would result a De facto agreement between Broker and Carrier and Carrier assume the right to Bill, Invoice and Collect the Accessorial fees As Per the Schedule here in 7.1 to 7.7 unless it is Reviewed and disagreed by the Broker after signing the Rate Confirmation Document by the Carrier.

7.1 Carrier Would Bill Detention Pay After 2 hours of Hold in a Shipper or Receiver’s Location at a rate of 40$/hour at 15 min Fraction to its multiple of total hours from between Check In and Check Out Time. Maximum hours of Detention is 6 hours on a 8hours continuous hold, beyond that Layover Changes would apply by 7.1-7.7 schedule. In and event of FCFS or Work-in facility 3hours would be standard Schedule for Detention. For Late or Early Arrival 4 hours would be Standard Detention cut off.

7.2 For Multi Pick or Drop the Detentions Pay would be calculated after the total Stops x 2 hours increment FCFS/Work-In detention schedule does not Apply. Additional Stoppage Charge is 100$ per Stoppage plus the miles run at 2.25$/miles all miles at a min 150$ per Stoppage. Moreover, Detention for beyond 2 hours Load/Unload time and Layover Charges May Applies as Not Agreed on the Rate Confirmation as a Linehaul item as per 7.1-7.7 schedule. 

7.3 Standard Layover Pay is Determined at min 350$ for the First Day and Nonnegotiable amount of 750$ per Consecutive day for the Same Load Lifecycle to compensate the time and opportunity loss and cover the cost of running a Active and Safe Company to Cover Driver Pay, Insurance, Equipment Rent, IRP and Other Operating Cost.

7.4 Driver Assist is 100$/hour and its multiple at a 15min increment but not recommended unless it is that necessary to deliver the load on time. However, Detention Schedule would also Apply on top of Driver Assist Pay if both Applicable i.e Delivery Takes More than two Hours. For the Denied Product Disposal would be 50$ min Processing Fees, would be calculated prorated per mile 2.25$ and additional cost of disposal, Restoration, Recycle or return would be charged and wait time for instruction would be charge as detention schedule. TONU, Truck Order Not Used are a fixed cost of 250$ Plus the Detained Hours and the Mile Driven to Shipper would be charge at 2.25$/mile. Force Truck Wash and Required Scale Ticket required to reimburse at a full amount if required to haul the load, however, Unhygienic trailer wash is exempt from the reimburse and carrier would take the action to qualify to haul that specific product. Escott service fee need to be reimburse to its full amount. Load Supporting/Securing equipment and accessories are Carrier responsibility i.e padlock, Seal, Tie, Load Bars, Straps etc. 

7.5 Lumper are recommended to pay by the Full Amount by the Broker as We assume No responsibility as a carrier for Unloading the Freight from the Vehicle/Trailer. Any Associated Processing fee, Money Code Issuance Fee or that sort would be paid by the Broker. In case Carrier are required to involved to Pay or Participate to Pay Lumper, Carrier would Bill extra 5% on top of the Total Amount paid for Service for Factoring and Payment Processing Service Fees.

7.6 Carrier would be liable for Late fee, and fine for not accepting tracking geolocation if Agreed in a written communication as a Specific line item and Broker has to communicate as written form of communication apart form the Rate Confirmation Fine Print, Annex, Annotation. It has to communicate Clearly and get acceptance form the Carrier as a separate Line item. Blending this as a general note with other general information would result denial of penalty and we highly recommend to get confirmation. Carrier Assume no responsibility if unable to comply due to Break Down, Weather, Road Hazard or Technology malfunction like out of coverage are for Geo Tracking etc. Carrier Assume Responsibility to Communicate with broker as early as possible or immediately after the incident and failure to establish effective communication would result responsibility. Partial Job would be evaluated and Agreed before any party assume rights to Apply or deduct full Amount or certain amount without a written and signed agreement i.e 50% rate cut for missing scale ticket etc.

7.7 Any Additional Payment except detention need to be mentioned on the updated Rate Confirmation before completing the job and Detention Approval need to update on the Rate Con within 48hours of POD submittal. Inability to send updated rate confirmation with the detention would result invoice adjustment as per the Schedule 7.1 to 7.7 mentioned here.

7.8 Loss and Damage Claims Carrier shall comply with 49 C.F.R. §370.1 et seq. for processing all claims and must respond to cargo loss or damage claims within 60 days. Failure to do so shall be deemed an admission of liability.

8. Insurance Carrier shall provide certificates of insurance with minimum limits as follows:

1. Employer’s liability insurance: $1,000,000 per occurrence.
2. Comprehensive general liability insurance: $1,000,000 per occurrence.
3. Automobile insurance: $1,000,000 per occurrence.
4. Cargo insurance: $100,000 minimum per shipment.
5. Workers’ compensation insurance as required by law. All policies must name Broker as an Additional Insured and include a waiver of subrogation if applicable.

9. Independent Contractor Carrier operates as an independent contractor and is responsible for all drivers, labor, equipment, and supplies necessary for its transportation obligations.

10. Non-Exclusive Agreement This Agreement does not bind either party to exclusive services. Both parties may enter similar agreements with others.

11. Assignment of Rights Carrier assigns all rights to collect freight charges from shippers or responsible third parties to Broker.

12. Collection and Right to be compensated Carrier has the right to contact Directly to the Shipper/Customer and Receiver for the compensation if not paid by the Broker within the 60 days of the Delivery and Providing POD along with supporting documentation of work completion. Carrier Assume right to file against the Broker Bond for Any or All Linehaul and Accessorial amount if not Paid by the Terms. 

13. Waiver Failure to enforce any provision does not constitute a waiver of any future breach or failure.

14. Term and Termination This Agreement is effective for each of the Load/PO/BOL and we agree and consider each of the load is individual and independent to each other and no comingling or reference other loads is not recommended.

15. Confidentiality Both parties agree to keep confidential all financial information and customer data shared during the course of this Agreement. Violations may result in injunctive relief and recovery of costs.

16. Force Majeure Neither party is liable for delays caused by circumstances beyond their control, provided notice is given within 48 hours.

17. Entire Agreement This Agreement represents the entire understanding between the parties and supersedes prior agreements. No extrinsic evidence will be introduced in any legal proceedings.

18. Severability If any part of this Agreement is found invalid, the remaining provisions will continue in full effect.

19. Governing Law This Agreement will be governed by the laws of the State of Illinois for FMCSA and Illinois DOT, and any disputes shall be subject to the courts of Illinois and Corporate issues would be address in State of Maryland.

For Logixtrek LLC: Abdul Matin Shuvo Co-Owner 11/15/2023