DOLCHE TRUCKLOAD CORP. TERMS OF AGREEMENT AND TERMINATION

Transcription

1 DOLCHE TRUCKLOAD CORP. TERMS OF AGREEMENT AND TERMINATION 510 N Valley Mills Dr, Suite 304 Waco, TX Phone (800) Fax (888) This agreement is made between Corp. and Dolche Truckload (driver/contractor s name) The term of this agreement shall commence on the date set forth above and continue for as long as both parties agree to follow all the policies and conditions of this contract. This agreement shall be terminated with at least 30 days written notice by either party prior to the expiration of their intention not to renew the agreement. The party receiving notice of termination shall receive the copy of such notice and return such receipt copy to the other party. No equipment may be replaced, returned or substituted without the inspection and consent of Dolche Truckload Corp. Dolche Truckload Corp will withhold $250 per week from the contractor/driver in an escrow account up to the maximum $ in an escrow account. The escrow will be returned to the contractor/driver 45 days after the termination of the contract. Any outstanding debts will be deducted from the escrow account. If the contractor/driver doesn t give a 30-day notice of termination, Dolche Truckload Corp will not issue a refund of the escrow. By signing the following contract, you guarantee that you have at least two years of driving experience as a CDL driver. If we fail to ensure that you are an experienced driver, we reserve the right to terminate you immediately. Dolche Truckload Corp shall not be held liable for any damages, loss or destruction of the motor vehicle equipment that is listed in the LIST OF EQUIPMENT LEASED FORM. Contractor/Driver hereby released the Dolche Truckload Corp from such damage, loss and destruction of such equipment. Dolche Truckload Corp shall not be held liable for any damages, including all cost, judgments, expenses and attorney s fees to persons or property by reason of the use of the motor vehicle equipment. The contractor/driver shall be held responsible to Dolche Truckload Corp for any losses or fines incurred of the I.C.C. the contractor/driver's failure to act in accordance with federal and state laws. PROPER LOAD TRANSFERS All drivers must pick-up and deliver the load to its destination at appointed time. any late pick-up or late delivery deductions/fees due to contractor/driver s negligence will be the responsibility of the driver-contractor and not Dolche Truckload Corp. This is especially true if the driver/contract fails to notify Dolche Truckload Corp of his or her intent to be late at least 2 hours prior to the occurrence. all drivers must inspect loading and check the weight of the truck at the nearest scale. If the truck and load are overweight, the driver must notify Dolche Truckload Corp immediately and return to the last shipper for a properly weighted load. Dolche Truckload Corp is not responsible for overweight ticket and violations. during loading, the driver must be attentive to the condition of the load. If the driver notices any damages during loading, they need to call Dolche Truckload Corp and inform of the condition of the load. Dolche Truckload Corp will inform the driver on what steps to take prior to leaving the shipper. The driver must write down all damages on the bill of landing and have the appropriate shipper representative sign-off on the bills. The driver must also verify the number of pallets that were loaded, so he/she can find out if the appropriate load was the one in his trailer.

2 pg.2 Dolche Truckload Corp must be informed of all problems during loading and unloading so Dolche Truckload Corp may try to resolve these problems in a timely manner. During loading and unloading, the driver is to abide by the rules and regulations of the shipper and never to leave the truck completely unattended. Dolche Truckload Corp must be informed of any lumper or unloading fees, gate fees or any such expenses that would be acquired at some shippers and/or receivers. Dolche Truckload Corp would attempt to cover those expenses from the third party company involved. If the driver/contractor pays for such fees and fails to get approval or notifies Dolche Truckload Corp, they will not be reimbursed. All receipts (original) must be submitted for reimbursement. PAPERWORK Upon completion of delivery, all drivers must mail the following: 1. Bill of Lading with documentation of all unloading fees 2. Expense Reports and Receipts 3. Complete driver daily logs (No logbooks, no checks) and vehicle maintenance reports 4. D.O.T. Federal and State Inspection reports 5. Accident Report (if any) 6. Driver Trip Report EXAMPLES OF CAUSES FOR IMMEDIATE DISCHARGE 1. Dishonesty 2. Immoral conduct while on duty 3. Fighting 4. Possession of or being under the influence of any illegal substance 5. Contraband 6. Possession of or being under the influence of alcohol 7. Failure to immediately report any accident 8. Failure to carry out instructions or direct order(s) of a supervisor 9. Theft 10. Leading or participating in any activities that are deemed detrimental to Dolche Truckload Corp 11. Any conduct not listed above which can be deemed detrimental to Dolche Truckload Corp Dolche Truckload Corp will provide contractor/driver with all identification required by all applicable government authority with respect to the motor vehicle equipment to be used under this agreement. All such identification shall be affixed to the vehicle listed in the LIST OF EQUIPMENT LEASE FORM, while such equipment is not being used to perform service for the company pursuant to this agreement, contractor/driver shall remove all identification items from vehicle and return them to Dolche Truckload Corp. No final payment will be made until such contactor/driver has removed all identification belonging to Dolche Truckload Corp and returned them to Dolche Truckload Corp. ADVANCE PAY (Provided only after the contractor/driver has notified Dolche Truckload Corp that the vehicle is fully loaded) to be used ONLY for usual road expenses (fuel, tolls, lumpers, gate fees, etc.).

3 pg.3 All personal expenses (meals, lodging bills, etc.) should not be paid with the advance. Receipts of all expenses should be obtained and presented to Dolche Truckload Corp as listed above. ROAD PROBLEMS All contractors/drivers must complete a PRE-TRIP inspection on the truck and trailer, according to the law. Dolche Truckload Corp must be informed of any problems noticed by the contractor/driver during pre-trip inspections. Any violation tickets will be at the expense of the driver Any equipment damage due to the negligence of the driver will not be acknowledged or paid by Dolche Truckload Corp. It will be a responsibility of the driver. Any tire damages due to the negligence of the driver will be paid by the contractor/driver. Any inoperable parts discovered by the pre-trip inspection or stated on a road-side inspection report as violations, need to be addressed by the contractors immediately. This highly affects the safety profile of Dolche Truckload Corp and appropriate actions will be taken if this is ignored or neglected. INSURANCE Any road problems resulting from the negligence of the contractor/driver and leading to harm of a fellow contractor/driver, the general public, loss to the company, its employees or customers will be the responsibility of the driver/contractor. There will be a $1, insurance deductible applied to the statement of the contractor/driver shall the Police Report find them at fault. If a load is refrigerated the contractor/driver MUST check the condition and temperature of the refrigerated trailer every 2 hours, check the fuel level in the trailer, and provide Dolche Truckload Corp with separate fuel receipt. Shall a cargo claim result from the negligence of the contractor/driver, $2, deductible should be applied to the contractor/driver s statement. All contractors/drivers are required to provide complete protection and safety of the load by properly securing the cargo using load locks and/or straps. Special attention is used when transporting produce (fruit, vegetables, meat). Dolche Truckload Corp will not be held liable for damaged loads due to contractor/driver negligence or improper inspection. All drivers will be covered under Accidental Occupational insurance and will be responsible for covering the cost of the insurance premium. As a result, every driver has to agree to indemnify Dolche Truckload Corp for any liability, damages, costs and expenses, including reasonable attorneys fees, relating to a breach of his representations and warranties in the contract. LOGBOOKS All contractors/drivers are required to keep an accurate daily logbook. The contractor/driver, not Dolche Truckload Corp, will pay any violation tickets due to logbook irregularities. If a road-side inspection results in an OUT OF SERVICE for HOURS OF SERVICE violation, Dolche Truckload Corp MUST be informed immediately and the contractor/driver will be subjected to a $ fine for a first offence, $ fine for a second offence, $1,000 fine for a third offence and $,1500 fine and termination after a 4 th offence. If the load(s) is not picked-up, delivered or is pronounced late due to a OOS in HOS violation, any charges will be deducted from the contractor/driver s settlement.

4 pg.4 ALL DRIVERS MUST BE AWARE 1. Contractors/Drivers Must Check in between 7:00 am and 12:00 pm every day and check calls or texts must be sent to dispatch after being loaded and unloaded. If it is taking more than 1 hour to load/unload, Dolche Truckload Corp must be notified immediately. 2. Dolche Truckload Corp must be notified immediately in case of an emergency. 3. Failure to comply with the above will result in a FINE of $50.00 per occurrence. 4. Tempering or disabling of the GPS device installed in the truck/trailer will result in a $250 fine per occurrence and might result in the driver/contractor s immediate discharge. DETENTION AND LAY OVER POLICY Dolche Truckload Corp must be notified immediately after arriving at a shipper or receiver. If the driver/contractor is late for an appointment, no lay over or detention will be paid. All drivers/contractors must use the stamp provided by Dolche Truckload Corp if more than 2 hours expired at each shipper and or receiver. The driver must enter the location (city and state) of each shipper/receiver, along with the date, and of course, the time in and time out at that facility. The stamp goes on the BOL and it needs to be filled out and signed before leaving that facility. Dolche Truckload Corp encourages all drivers to get the signature of the loading/unloading crew before leaving. Dolche Truckload Corp covers $20 per hour detention after the 3 rd hour and $100 lay over after the 5 th hour has expired at a loading or unloading facility. Without check in calls to the dispatch team and without the official stamp and signature on the BOL, Dolche Truckload Corp cannot guarantee payment. PAYMENT FOR SERVICES RENDERED If all appropriate forms, documents and paperwork are delivered before 5pm on Friday, Dolche Truckload Corp will make a payment to the driver/contractor a week from that date (i.e. next Friday). If the driver believes that the amount of any payment is understated, the contractor/driver shall notify Dolche Truckload Corp immediately. By negotiating a check in payment for services, the driver accepts the amount of the payment. Documents such as: Signed bills of lading or shipping orders, delivery receipts, completed driver daily logs and vehicle maintenance reports, trip manifest reports, detestation reports, interline papers, fuel purchase receipts, D.O.T., Federal and State Inspection, tolls receipts and accident reports, need to be mailed prior to payment for services rendered by the driver/contractor. If a bill of lading contains record of damaged goods during shipment, or late delivery charges, contractor/driver will be liable for some or all of those charges. Payment for the services rendered on any shipments under dispute will be made only after Dolche Truckload Corp has received payment from the third party. Detentions and lay overs are paid only in the case that the driver is on time for the pick-up/delivery and the hold up is caused by the shipper/receiver. Dolche Truckload Corp will bill the broker/customer only if the BOL is stamped with in and out times at both shipper and receiver. Detention is paid after the 3 rd hour at $20 per hour and layovers are paid at $100 after 5 hours or more at any one location. D.O.T. INSPECTIONS AND VIOLATIONS If driver has been placed OUT OF SERVICE due to a log book violation he/she will be fined $450 for a first time offence, $750 for a second offence, $1,000 for a third offence and $1,500 fine and termination

5 pg.5 after a 4 th offence. Important: If the violation is not reported to Dolche Truckload Corp. the driver/contractor will be fined $450 in addition to the violation/oos amount. Drivers will be held responsible for every violation that they acquire during their time with Dolche Truckload Corp. The violations are charged based on the points of severity per CSA Every point is assessed a $20 fee (for example: violation for a bad tire is 8 points and it will cost the driver $160). Drivers and contractors will be subject to clean inspection bonuses as fallows: 1 st level clean inspection - $200, 2 nd level - $150 and 3 rd level - $100. INDEMNIFICATION All drivers and contractors shall indemnify and hold Dolche Truckload Corp harmless from any damage, expense or loss incurred by them, including attorney fees, court costs, and expense of investigation, defense, settlement, or other resolution of claim, whether or not by a third party, arising from the driver's (1) default in the performance of its obligations hereunder, (2) failure to comply with any law, statute or ordinance applicable to him, (3) operation of the equipment leased and (4) an actual or alleged act or omission of driver. DRUG AND ALCOHOL POLICY Dolche Truckload Corp has no tolerance policy for use or possession of any illegal substances that is available for review in the office. The signature bellow is a proof of receipt and understanding of the policy. HURS OF SERVICE POLICY The hours of service policy outlines the rules and regulations when it comes to your hours of service each and every day. A copy of it will be included in your application folder. The signature bellow is a proof of receipt and understanding of the policy. ACKNOWLEDGEMENT OF INDEPENDENT CONTRACTOR/DRIVER I,, agree to be considered by Dolche Truckload Corp as an independent contractor/driver, retaining sole responsibility for all withholding and employment taxes due to Federal, State or Local government. I agree to hold harmless Dolche Truckload Corp for any claims by any Federal, State or Local government agency, on account of wages, withholding and employment taxes. I HAVE READ AND UNDERSTOOD THE ABOVE POLICIES AND REQUIREMENTS FOR DOLCHE TRUCKLOAD CORP AND DO HEREBY AGREE TO ADHERE AND FOLLOW THEM AT ALL TIMES: Driver/contractor printed name Driver signature and date Dolche Truckload Corp s official Dolche Signature and date

6 Form W-9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner. Other (see instructions) 5 Address (number, street, and apt. or suite no.) 6 City, state, and ZIP code 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) Requester s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Social security number or Employer identification number Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: Form 1099-INT (interest earned or paid) Form 1099-DIV (dividends, including those from stocks or mutual funds) Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) Form 1099-S (proceeds from real estate transactions) Form 1099-K (merchant card and third party network transactions) Date Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) Form 1099-C (canceled debt) Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No X Form W-9 (Rev )