John J. Jerue Truck Broker, Inc.BROKER-MOTOR CARRIER AGREEMENTTHIS AGREEMENT is made and entered into on , 20 , by and between John J. Jerue Truck Broker, Inc.a licensed property broker pursuant to No. MC-265774 (“BROKER”) and (Please print name of Carrier), a licensed motor carrier pursuant to MC No. (Please printCarrier MC No.)(“CARRIER”).1. TERM. The Term of this Agreement shall be for one (1) year and shall automatically renew for a successive one (1)year period; provided, however, that this Agreement may be terminated as set forth herein or at any time by at leastthirty (30) days prior written notice.2. CARRIER’S OBLIGATIONS.a.CARRIER represents and warrants that it is duly and legally qualified to provide the transportationservices contemplated herein, and CARRIER agrees to comply with all federal, state, and local laws regarding theprovision of such services. CARRIER further represents and warrants that it does not have an unsatisfactory safetyrating or a proposed safety rating change issued by the U.S. Department of Transportation (“DOT”), and further agreesto comply with all federal, state, and local laws regarding the provisions of the transportation services contemplatedunder this Agreement. In the event CARRIER is audited by the DOT and/or receives an unsatisfactory safety ratingfrom the DOT, CARRIER agrees to notify BROKER within twenty-four (24) hours of such event. BROKER shallhave the right, at the option of BROKER, to terminate this Agreement immediately upon receipt of such notice of DOTaudit, safety rating change or threatened audit or change.b.CARRIER shall transport all shipments provided under this Agreement without delay, and alloccurrences which would be probable or certain to cause delay shall be immediately communicated to BROKER byCARRIER. CARRIER agrees to furnish BROKER notice immediately, or as soon as is reasonably possible, bytelephone of any occurrence or transaction which may give rise to a claim against either the CARRIER, the BROKERor the BROKER’s customer(s) under the terms of this AGREEMENT, and in accordance with BROKER’s orBROKER’s customer policy for reporting claim incidents. CARRIER hereby acknowledges that CARRIER is solelyresponsible for the inquiring of, understanding and complying with the reporting requirements of BROKER orBROKER’s customer. The CARRIER further agrees to cooperate, as requested by the BROKER or its authorizedrepresentative, in the investigation, negotiation, settlement, or litigation of any claim or suit, which may be encounteredby the BROKER, or its representative under the terms of this Agreementc.On behalf of the shipper, consignee and broker interests, to the extent that any shipments subject tothis Agreement are transported within the State of California, CARRIER warrants that: (1) all 53 foot trailers, includingboth dry-van and refrigerated equipment it operates and the Heavy-Duty Tractors that haul them within California underthis Agreement is in compliance with the California Air Resources Board (ARB) Heavy-Duty Vehicle Greenhouse Gas(Tractor-Trailer GHG) Emission Reduction Regulations; and (2) all refrigerated equipment it operates within Californiaunder this Agreement is in full compliance with the California Air Research Board (ARB) TRU ACTM in-useregulations. CARRIER shall be liable to BROKER for any penalties, or any other liability, imposed on or assumed byBROKER due to penalties imposed on BROKER’s customer because of CARRIER's use of non-compliant equipment.d.CARRIER represents and warrants to BROKER that CARRIER will be in compliance with 49 C.F.R.395.15, et seq., (the Electronic Logging Device Rule) effective December 18, 2017. If, prior December 18, 2017,CARRIER has installed and requires its drivers to use an automatic on-board recording device in accordance with 49C.F.R. 395.15, CARRIER may continue to use the compliant automatic on-board recording device no later thanDecember 16, 2019, at which time CARRIER agrees to install ELD technology in compliance with 49 C.F.R. 395.15.e.CARRIER will ensure that when any shipment moves under a seal, the seal number shall be recordedon the applicable bill of lading or receipt required by this section. In the event it becomes necessary to break a seal dueto any government action or to add or deliver any shipment to or from any conveyance, the conveyance shall be resealed prior to departure from the point of such loading or unloading, and the seal numbers shall be recorded on eachbill of lading or receipt. Otherwise, CARRIER shall agree to refrain from breaking any seal.f.CARRIER agrees that time is of the essence in its performance of this Agreement.g.Once a load is accepted by CARRIER, CARRIER is responsible for meeting their scheduled pickupand delivery appointments. CARRIER shall operate dispatch continuously, twenty-four hours per day, seven days perNotice to Carrier: Please return all pages of fully executed Agreement.Carrier Initial
week, and shall have the capability of advising BROKER of the location of a shipment at all times. CARRIER is not toviolate the current hours of service regulations as published by the FMCSA in which to transport any load on behalf ofBROKER or its customer.h.The Food Safety Modernization Act (“FSMA”) was signed into law on January 4, 2011. CARRIERmust comply with all sections of FSMA. The Rate Confirmation Sheet or bill of lading will describe requirements andhandling specifications for foods transported, including temperature controls necessary to ensure foods safety andcompliance with applicable food safety regulations (e.g., Sanitary Transportation of Foods Act; Seafood HACCP[Hazard Analysis Critical Control Point], etc.). CARRIER’s obligations under FSMA, include but are not limited to thefollowing: All transportation operations must be conducted under such conditions and controls necessary to prevent thefood from becoming unsafe during transportation operations including:(1) Taking effective measures such as segregation, isolation, or the use of packaging to protect food from contaminationby raw foods and nonfood items in the same load.(2) Taking effective measures such as segregation, isolation, or other protective measures, such as hand-washing, toprotect food transported in bulk vehicles or food not completely enclosed by a container from contamination and crosscontact during transportation operations.(3) Taking effective measures to ensure that food that requires temperature control for safety is transported underadequate temperature control.(4) Taking measures to ensure vehicles and transportation equipment meet the shipper's specifications and are otherwiseappropriate to prevent the food from becoming unsafe during the transportation operation. Such equipment shall beclean, odor free, dry, leak-proof, free of contamination, free of infestation, and that has never, to the best ofCARRIER’s knowledge, been used to transport refuse, garbage, trash or solid or liquid waste or hazardous materials.(5) Once the transportation operation is complete and upon request, provide the operating temperature specified by theshipper, if requested by the shipper, receiver or BROKER, demonstrate that it has maintained temperature conditionsduring the transportation operation consistent with the operating temperature specified by the shipper.(6) Before offering a vehicle or transportation equipment with an auxiliary refrigeration unit for use for thetransportation of food that requires temperature control for safety under the conditions of the shipment duringtransportation, CARRIER must pre-cool each mechanically refrigerated cold storage compartment as specified by theshipper.(7) If requested by the shipper or BROKER, a carrier that offers a bulk vehicle for food transportation must provideinformation to the shipper that identifies the previous cargo transported in the vehicle.(8) If requested by the shipper or BROKER, a carrier that offers a bulk vehicle for food transportation must provideinformation to the shipper that describes the most recent cleaning of the bulk vehicle.(9) Develop and implement written procedures subject to the records requirements of 21 CFR § 1.912(b).(10) Retain records to demonstrate compliance with FSMA, including training records and any other written agreementsassigning tasks in compliance with 21 CFR § 1.912(c) and (d) for a period of 12 months beyond the termination of theagreements.3. SPECIFIED SERVICES. CARRIER’s services under this Agreement are specifically designed to meet the distinctneeds of BROKER under the specified rates and conditions set forth herein. This Agreement does not grant CARRIERan exclusive right to perform the transportation related to services for BROKER or its customer.4. RECEIPTS AND BILLS OF LADING. Each shipment hereunder shall be evidenced by a receipt in such form asspecified by BROKER or alternatively, by BROKER’s customer signed by CARRIER showing the kind and quantityof product received by CARRIER at origin. The absence or loss of any such receipt shall not relieve CARRIERhereunder. Such receipt shall be prima facia evidence of receipt of such shipment in good delivery of each shipmentmade hereunder, CARRIER shall obtain a receipt showing the kind and quantity of product delivered to the consigneeof such shipment at the destination specified by BROKER, and CARRIER shall cause such receipt to be signed by theconsignee. Any terms, conditions and provision of the bill of lading, manifest or other form of receipt or contract shallbe subject and subordinate to the terms, conditions and provisions of this agreement. If any terms conflict, the termsand conditions of this Agreement shall control. CARRIER shall notify BROKER immediately, prior to proceedingfrom the location, of any exceptions made on the bill of lading, manifest or other receipt.5. CARRIER’S OPERATIONS AND EMPLOYEES. CARRIER shall, at its sole cost and expense: (a) furnish allequipment necessary or required for the performance of its obligations hereunder and CARRIER hereby agrees thatNotice to Carrier: Please return all pages of fully executed Agreement.Carrier Initial
CARRIER will not supply any equipment that has been used to transport hazardous wastes whether solid or liquid (the“Equipment”); (b) pay all expenses related, in any way, with the use and operation of the Equipment; (c) maintain theEquipment in good repair, mechanical condition and appearance; and (d) utilize only competent, able and legallylicensed personnel qualified to driver under applicable FMCSA regulations. CARRIER shall have full control of suchpersonnel and shall perform the services hereunder as an independent contractor, and shall assume completeresponsibility for all state and federal taxes, assessments, insurance (including but not limited to workers compensation,unemployment compensation, disability, pension, and social security) and any other financial obligations arising out ofthe transportation performed hereunder. It is the intention of the parties and acknowledged by the parties that neither theCARRIER nor any of its employees shall be deemed to be agents, servants, or employees of the BROKER orBROKER’s customers for any purpose whatsoever, but the CARRIER is and shall be an independent contractor and isresponsible to the BROKER as to the results to be accomplished and not as to the means and methods for accomplishingthe results.6. INDEMNITY. CARRIER hereby agrees to defend, indemnify, and hold harmless BROKER and its customers fromand against all direct and/or indirect loss, liability, damages, judgments, delay, expense, cost, including reasonableattorney fees, fines, actions and claims for injury to persons (including death) and for damage to property and of anyother loss damage, judgments, expense, cost, including reasonable attorney’s fees, which BROKER and/or its customermay incur arising out of or in connection with the operation of the Equipment by CARRIER, its employees orindependent contractors working for CARRIER (collectively “CARRIER”), including but not limited to loading,handling, transportation, unloading or delivery of any shipments made hereunder, CARRIER’s obligations under thisAgreement, or any breach by CARRIER of the terms of this Agreement. BROKER shall not be liable to the CARRIERfor any claims, actions, damages due to the negligence of CARRIER, or the shipper. This provision shall remain in fullforce and effect both during and after the Term of this Agreement.7. INSURANCE. CARRIER is required to purchase and maintain the following forms and amounts of insurancecoverage, acceptable to BROKER, as part of this Agreement:a) Automobile Liability Coverage (“AL”) in an amount not less than 1,000,000 (U.S. Dollars) peroccurrence, or such large amount as required by applicable law, with no aggregateb) Occupational accident for owner-operators or Workers’ Compensation for all employees of owneroperator/fleet drivers (in limits set forth by applicable statute);c) All Risk Broad Form Cargo Legal Liability insurance in an amount of not less than 100,000 (U.S. Dollars)per occurrence with no annual aggregate, and with no exceptions or restrictions of any type that wouldforeseeably preclude coverage relating to cargo claims. In the event said policy contains any suchexclusion, CARRIER shall obtain and furnish a surety bond or endorsement for the exclusion or restriction,including, such as theft by employee, mysterious disappearance, unattended vehicle, reefer breakdown, lossor damage due to freezing, spoilage, contamination, mildew, moss or deterioration, and any otherendorsements required by BROKER or its customer. In the event the value of a load exceeds Carrier’scargo insurance limits on file, Shipper will advise Carrier of such and Carrier shall increase the limits ontheir cargo insurance.d) Commercial General Liability (“CGL”) Insurance covering the transportation of shipments and otheroperations under this Agreement in an amount not less than 1,000,000 (U.S. Dollars) per occurrence. Suchinsurance shall also cover CARRIER’s contractual liability under this Agreement.CARRIER agrees that the above-required automobile liability coverage will be purchased and maintained under aMotor Carrier Coverage Form. Further, the CARRIER agrees to provide and maintain, at CARRIER’s sole cost andexpense, the above-required coverage by purchasing same from an insurance company with an A.M. Best’s rating of Aor better and provide BROKER with a Certificate of Insurance evidencing such coverage naming BROKER as anadditional named insured and loss payee. The certificate of insurance must be provided to BROKER upon execution ofthis Agreement, and such certificate will state that insurance carrier will provide BROKER with thirty (30) days’ noticeof cancellation or change in coverage. All policies and coverages required under this Agreement shall be consideredprimary and non-contributory with any policies or coverages of BROKER.8. FREIGHT LOSS, DAMAGE OR DELAY. CARRIER hereby acknowledges and agrees that CARRIER assumesthe same liability as a common carrier for full actual loss, subject to the provisions of 49 U.S.C. 14706 (CarmackAmendment). CARRIER’s liability for cargo loss or damage shall not be limited to the amount of cargo coverageNotice to Carrier: Please return all pages of fully executed Agreement.Carrier Initial
required herein, nor shall exclusions from coverage contained in CARRIER’s cargo insurance affect CARRIER’sliability for freight loss, damage or delay. CARRIER hereby acknowledges and agrees that CARRIER’s right tosalvage, whether CARRIER receives prior notice or not, for any product transported by CARRIER is based on andlimited to the extent the customer of BROKER allows salvage and to the extent the customer disallows salvage.CARRIER hereby waives its claim to salvage and salvage credit. Any claims arising from the services provided byCarrier shall be handled in the following manner:a)Claims for loss, damage, injury or delay to cargo may be filed with CARRIER within nine (9) months ofthe date of delivery of shipment or within twelve (12) months of a reasonable time for delivery (three months beyondagreed transit time), or within nine (9) months of the date CARRIER notifies BROKER that the shipment is lost.b)Regardless of whether CARRIER timely pays, declines, or makes settlement of any loss or damageclaim, CARRIER acknowledges and agrees that BROKER and any of its subsidiaries or related companies shall have:(1) the absolute right to set off from any amount otherwise due CARRIER to satisfy claims or shortages arising out ofthis or any other Agreement with CARRIER, and (2) the right to automatically deduct from CARRIER’s settlement theamount of the claim at any time.The filing, processing and disposition of all cargo claims shall be governed by 49 C.F.R. 370 et seq. to the extent notmodified herein. The parties agree that federal common carrier laws of liability (i.e. Carmack Amendment liability)shall apply to all shipments made, except that CARRIER shall be liable to BROKER for all economic loss, includingconsequential damages, and attorney’s fees, that are incurred by BROKER or BROKER’s customers for any freightloss, damage or delay claim. No limitation of liability found in CARRIER’s tariff, rules or classifications, includingNMFC shall in any way lessen or limit CARRIER’s liability under this paragraph.9. WAIVER OF CARRIER’S LIEN. CARRIER shall not withhold any goods transported pursuant to thisAgreement for any reason including the existence of any dispute as to prices or any alleged failure of general credit ofBROKER and CARRIER hereby waives and releases all liens that CARRIER might otherwise have to any such goodsin the possession or control of CARRIER or CARRIER’s agents, including but not limited to those under 49 U.S.C. §13707 and 49 U.S.C. § 80109.10. PAYMENTS. CARRIER will charge, and BROKER will pay for transportation services performed under thisAgreement the rates and charges as shown on the rate confirmation sheets or any written supplements or revisions(hereinafter “Rate Confirmation”) thereto signed by BROKER and provided to CARRIER. CARRIER herebyacknowledges and agrees that any Rate Confirmation provided to CARRIER by BROKER shall be deemed accepted byCARRIER unless objected to, in writing to BROKER, within twenty-four (24) hours. In the event service is providedand it is subsequently discovered that there was no applicable rate in the Rate Confirmation, the parties agree that therate paid by BROKER shall be the agreed upon rate. CARRIER shall provide to BROKER at the time of invoicing allapplicable freight bills, bills of lading, clear delivery receipts, and any other necessary billing documents enablingBROKER to ascertain that service has been provided. In no event shall BROKER be liable for any transportationcharges for which BROKER did not have primary responsibility for payment under the circumstances surrounding theinvolved shipment. CARRIER agrees that BROKER is solely responsible for all freight charges related to thetransportation services provided herein, and as such CARRIER agrees not to attempt any collection efforts againstBROKER’s customer(s) and hereby acknowledges and agrees to look only to BROKER for payment of freight charges.Compensation paid to CARRIER under this Agreement may be withheld in whole or in part by BROKER, or any or itssubsidiaries or related companies, to satisfy claims or shortages arising out of this or any other Agreement withCARRIER, or to satisfy advances made to, or on behalf of CARRIER, or to satisfy any debt owed by CARRIER toBROKER or any of its subsidiaries or related companies.11. CONFIDENTIALITY AND NON-SOLICITATION. Neither party may disclose the terms of this Agreement toa third party without the written consent of the other party except (1) as required by law or regulation; (2) disclosure ismade to its parent, subsidiary or affiliate company; or (3) to facilitate rating or auditing of transportation charges by anauthorized agent and such agent agrees to keep the terms of the Agreement confidential. CARRIER will not solicittraffic from any shipper, consignor, consignee or customer of BROKER where (1) the availability of such traffic firstbecame known to CARRIER as a result of BROKER’s efforts, or (2) the traffic of the shipper, consignor, consignee orcustomer of BROKER was first tendered to CARRIER by BROKER. If CARRIER breaches this Agreement anddirectly or indirectly solicits traffic from customers of BROKER and CARRIER obtains traffic from such customerduring the term of this Agreement, or for twenty-four (24) months thereafter, BROKER shall receive twenty-fiveNotice to Carrier: Please return all pages of fully executed Agreement.Carrier Initial
percent (25%) commission from the revenue resulting from traffic transported for the customer. CARRIER shallprovide BROKER with all documentation requested by BROKER to verify such transportation revenue.12. SUB-CONTRACT PROHIBITION. CARRIER specifically agrees that all freight tendered to it by BROKERshall be transported on equipment operated only under the DOT authority and control of CARRIER, and that CARRIERshall not in any manner sub-contract, broker, or in any other form arrange for the freight to be transported by a thirdparty without the prior written consent of BROKER. Violation of this Section 12 shall be grounds for immediatetermination of this Agreement. If CARRIER in any manner sub-contracts, brokers or otherwise arranges for freight tobe transported by a third party, in addition to any other rights and remedies available to BROKER, BROKER may in itssole discretion, pay the underlying carrier directly, which payment will relieve BROKER of any and all paymentobligations to CARRIER with respect to such load.13. SEVERABILITY. In the event that the operation of any portion of this Agreement results in a violation of anylaw, the parties agree that such portion shall be severable and that the remaining provision of this Agreement shallcontinue in full force and effect.14. WAIVER. CARRIER expressly waives any and all rights and remedies allowed under 49 U.S.C. 14101 to theextent that such rights and remedies conflict with this Agreement. Failure of BROKER to insist upon CARRIER’sperformance under this Agreement or to exercise any right or privilege herein or under law or in equity shall not be awaiver of any of BROKER’s rights or privileges.15. GOVERNING LAW AND ATTORNEY FEES. It is agreed by BROKER and CARRIER that Florida law shallgovern, without reference to the conflict of laws contained therein, disputes involving any terms of this Agreement orinterpretation thereof, whether arising in contract, tort or otherwise. CARRIER hereby waives any jurisdictional rights itmight otherwise have. It is also agreed that venue shall be in Polk County, Florida. In the event of a legal action or otherproceeding arising under this Agreement or a dispute regarding any alleged breach, default, claim, or misrepresentationarising out of this Agreement, whether or not a lawsuit or other proceeding is filed, the prevailing party shall be entitledto recover its reasonable attorneys’ fees and costs, whether incurred before suit, during suit, or at the appellate level.The prevailing party shall also be entitled to recover any attorneys’ fees and costs incurred in litigating the entitlementto attorneys’ fees and costs, as well as in determining or quantifying the amount of attorneys’ fees and costs due to it.16. ARBITRATION. Nothing contained in this Agreement shall preclude BROKER from commencing any action inany court having jurisdiction thereof with respect to any matter arising out of, relating to or pertaining to thisAgreement. However, at the sole option of BROKER, any controversy, claim or dispute, whether in contract, tort orotherwise, arising out of, relating to or pertaining to this Agreement or the interpretation, breach, enforcement or subjectmatter thereof, that cannot be settled by mutual agreement of the parties may at the sole option of the BROKER: (i) besubmitted to arbitration by one (1) arbitrator (unless the BROKER determines to have multiple arbitrators) in PolkCounty by the Transportation ADR Council, in accordance with its rules then in effect or conducted by any otherrecognized arbitration association or entity in accordance with similar rules (“Arbitration”); or (ii) be determinedthrough any alternative dispute resolution (“ADR”) procedure provided for under the laws of the state of Florida, withsuch ADR procedure to be selected by the CARRIER. Judgment upon any Arbitration award or ADR determinationmay be entered in any court of any state or county or application may be made to such court through judicial acceptanceof the award or determination and on order of enforcement, as the law of the jurisdiction may require or allow. TheArbitration award or ADR determination shall be final and no appeal shall be taken by either party. The costs of anysuch Arbitration or ADR shall be borne equally by the CARRIER and the BROKER, unless the arbitrator(s) or ADRdecision-maker deems such division of costs to be inequitable, in which event the arbitrator(s) or ADR decision-makermay allocate the costs of Arbitration or ADR among the parties thereto as s/he deems just and equitable under thecircumstances. THE CARRIER AND BROKER HEREBY WAIVE TRIAL BY JURY IN ANY ACTION,PROCEEDING OR COUNTERCLAIM BROUGHT BY OR AGAINST EACH OTHER ON, OR IN RESPECT OF,ANY MATTER ARISING OUT OF, RELATING TO OR PERTAINING TO THIS AGREEMENT, OR THEINTERPRETATION, BREACH, ENFORCEMENT OR SUBJECT MATTER THEREOF. All claims for arbitrationunder this Agreement must be brought in the party’s individual capacity and not as a plaintiff or class member in anypurported class, collective action, or representative proceeding. The arbitrator may not consolidate the claims, and maynot otherwise preside over any form of a representative or class proceeding.Notice to Carrier: Please return all pages of fully executed Agreement.Carrier Initial
17. AMENDMENT. This Agreement may be modified, at any time, and at BROKER’s sole discretion, withoutindividual notice to the CARRIER. CARRIER may review the Agreement at any time on www.jerue.com/terms orrequest a copy from [email protected] CARRIER’s acceptance of tender of a load from BROKER following any suchmodification constitutes CARRIER’s acceptance of the modified terms and conditions of the Agreement.IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their respective names bytheir duly authorized representatives as of the date first above written.CARRIER (Printed Name of Carrier)John J. Jerue Truck Broker, Inc.BROKERBY:(Signature of Authorized Representative)BY:(Signature of Authorized one:Fax:EIN:DATE:Notice to Carrier: Please return all pages of fully executed Agreement.Carrier Initial
John J. Jerue Truck Broker, Inc.CALIFORNIA AIR RESOURCES BOARD NOTICEEffective January 1, 2013, the California Air Resources Board (“CARB”) issued regulations governing the operation ofTransport Refrigeration Units (“TRUs”) on California Highways and Railways. TRUs are also referred to as reefers.The purpose of this regulation is to help enforce the CARB’s Airborne Toxic Control Measure (“ATCM”).The regulations apply to all TRUs that are transported on California highways and railways. Motor carriers are requiredto dispatch only trucks and trailers equipped with TRUs that are compliant with CARB’s TRU ATCM in-useperformance standards. Drivers are prohibited from operating non-compliant TRUs. A TRU that is operational (e.g.capable of being operated) shall be considered to operate if it is in the state of California.California-based shippers and receivers are also required to use only trucks and trailers that are compliant with theCARB’s TRU ATCM in-use performance standards. The regulations also require that the motor carrier and driver haveother shipment information, including contact information about the business entity that hired them.The State of California may assess penalties for violating the regulations.In order to comply with the new regulations, the following requirements will apply to all John J. Jerue Truck Broker,Inc. shipments that involve the use of TRU equipment for highway or railway transportation in the State of California.These requirements will apply to any shipment that is transported within the California, even if the motor carrier is notbased in California or the shipment does not originate in California. These requirements will also apply to dry shipmenthauled in a trailer equipped with a TRU.1. All carriers performing services for John J. Jerue Truck Broker, Inc. that include the transportation of freight withinthe State of California in reefer-equipped trucks, tractor-trailers, shipping containers, or railcars are required to use onlytrucks and trailers that are equipped with a TRU that complies with CARB’s TRU ATCM in-use performancestandards.2. As a carrier performing services for John J. Jerue Truck Broker, Inc. you are required to clearly show on the shipmentbill of lading the CARB IDN for any TRU equipment. As a pre-condition of John J. Jerue Truck Broker, Inc. tenderinga load of freight to Carrier, you will be required to make the following certification: Carrier certifies that any TRUequipment used to transport a load within the state of California will be in compliance with the in-use requirements ofCalifornia’s TRU regulations.3. Any carrier that violates the requirements of the CARB’s TRU regulations will be held responsible for any resultingfines and penalties and will not be hired or used by John J. Jerue Truck Broker, Inc. again until they can demonstratethat they are in full compliance with CARB’s TRU ATCM in-use performance standards.4. Carriers are responsible for ensuring tha
THIS AGREEMENT is made and entered into on _ , 20_, by and between John J. Jerue Truck Broker, Inc. a licensed property broker pursuant to No. MC-265774 ("BROKER") and (Please print name of Carrier) . BROKER due to penalties imposed on BROKER's customer because of CARRIER's use of non-compliant equipment.