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