MANUFACTURER AND CARRIER AGREEMENT
MONTHLY SHIPMENT GUARANTEE
Agreement made on _________ (date), between
__________, a corporation organized and existing under the laws of
_____________ (state) with its principal office located at
________________________________ (address), ______________________ (city),
_____________ County, __________ (state), referred to as carrier, and __________,
a corporation organized and existing under the laws of _______________ (state)
with its principal office at ______________________________________________
(address), ______________ (city), ______________ County, ___________ (state),
referred to as shipper.
RECITALS
A. Shipper is engaged in the business of
manufacturing __________ (specify product).
B. Shipper desires to contract with carrier for the
transportation of its products.
C. Carrier is willing to transport, as a contract
carrier under private agreement, the products of shipper.
In consideration of the mutual covenants and
promises set forth in this agreement carrier and shipper agree as follows:
SECTION ONE
TRANSPORTATION
1
Carrier will transport the manufactured products for
shipper from points in __________ (city), __________ County, to points in
__________, __________ and ___________ Counties or from points in such counties
to ______________ (city), _______________ County, by means of carriers trucks.
SECTION TWO
GUARANTEED MONTHLY SHIPMENT
Shipper agrees to turn over to carrier for delivery,
in accordance with this agreement, shipments of not less than __________ pounds
per month of such products, originating in or at any of the places designated
or covered by SECTION ONE of this agreement.
SECTION THREE
COMPENSATION
Shipper shall compensate carrier for such
transportation services at the minimum rate prescribed by the Public Utility
Commission of __________ (state).
SECTION FOUR
STATEMENTS OF SERVICES
Carrier will present to shipper an itemized
statement, __________ (weekly or monthly or as the case may be), covering the
services rendered during the preceding __________ (week or month or as the case
may be), and shipper shall pay carrier for such services rendered under this
agreement within __________ days after rendition of such statement.
SECTION FIVE
LOSS, DAMAGE, OR BREAKAGE
Carrier shall be responsible for any loss, damage,
or breakage to the product so transported in accordance with this agreement
when such loss, damage or breakage occurs while the products are in the custody
of carrier, its agents or employees, except for loss, damage, or breakage
caused by acts of God or other acts not under the control of carrier, its
agents or employees.
Carrier agrees to carry suitable accident, fire, and
theft insurance on all products so transported for shipper by carrier.
SECTION SIX
CANCELLATION
This agreement shall remain in effect for __________
days from the date of this agreement and shall continue thereafter until
canceled on __________ days written notice by one party to the other at the
addresses indicated below or such other addresses as may, from time to time,
during the continuance of this agreement, be designated in writing by one party
to the other.
SECTION SEVEN
BINDING EFFECT
This agreement shall be binding on and inure to the
benefit of the successors and assigns of the parties to this agreement.
In witness whereof, the parties have executed this
agreement at __________ (designate place of execution) the date and year first
above written.
_________________________________________ _____________________
Signature
Date