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The Service Agreement
The service agreement is a non-binding
document which delineates the terms and conditions under which each party
agrees to operate. It splits the responsibilities and liabilities bewteen
TruckStaff and the client. It relieves the client of all responsibility
for worker's compensation injuries to the drivers. And it confirms that
the client will maintain liability insurance covering the vehicle, cargo,
and driver.
Since this agreement is non-binding, the
client is under no obligation to use TruckStaff at any time. By having
this document on hand, however, we will be able to react immediately when
the need arises. Some of the areas covered by the Service Agreement are
highlighted below:
Client Specific Information
You will need to supply the following
information
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Client Name
Client Address
Credit References
Client Needs
Hourly Rates
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Legal Status
Client Telephone
Bank References
CDL Class
Mileage Rates
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Supervision
The client has direct control and supervision
of the driver.
Wages and Fees
There is a four-hour minimum charge paid
for each driver. Cancellation must be received two hours prior to report
time to avoid a four-hour minimum charge.
Drivers being paid by the mile will be
paid by the hour for:
Delivery time in excess of two hours
Delay time in excess of two hours
Layover time in excess of 14 hours.
Overtime is apid at a rate of 1 1/2 times
the hourly rate for work performed in excess of 40 hours per week. Drivers
may be hired on a permanent basis after the prescribed number of hours
for a predetermined fee.
Agreement
TruckStaff will assign qualified drivers to
perform duties for the Customer. The Customer makes the final selection.
The Customer shall indemnify and defend TruckStaff against any liabilities
or claims of bodily injury, property damage, theft, or collision involving
any vehicles, equipment, or cargo.
TruckStaff will maintain all applications
and employment records as required by FMCSR-Part391 regulations and current
law. The Customer has the right to inspect these records at any time.
TruckStaff will not be liable for any loss
of business except for services not yet performed. Customer will maintain
all insurance with limits of $1,000,000 combined signle limit per occurrence
covering all vhecicles, equipment, and cargo. Each party waives any right
to subrogation.
Customer agrees to honor the employer status
of TruckStaff and agrees not to directly hire driver for a six-month period
or agrees to pay a placement fee.
Customer agrees to provide a weekly tally
of hours and miles performed by the driver and submit it by the following
Monday. Customer payment is due upon receipt of invoice. A 1 1/2% service
charge will be applied to outstanding amounts in excess of 30 days.
This agreement may be terminated by either
party with 30 days written notice.
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