Surefire Carrier Packet 2025
Surefire Carrier Packet 2025
This Agreement is entered into this _____ day of ____________, 2025, by and between Surefire
Transportation ("BROKER"), a Registered Property Broker, Lic. No. MC- 793134 -B, and
_____________________________________________, a Registered Motor Carrier, Permit/Certificate
No. MC __________ ("CARRIER"); collectively, the "Parties". ("Registered" means operated under
authority issued by the Federal Motor Carrier Safety Administration (or its predecessors) within the U.S.
Department of Transportation).
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2. BROKER RESPONSIBILITIES:
A. SHIPMENTS, BILLING & RATES: BROKER shall inform CARRIER of (i) place of origin and destination
of all shipments; and (ii) if applicable, any special shipping and handling instructions, special equipment
requirements, or value of shipments in excess of the amount specified in Par. 3C(vi) below, of which
BROKER has been timely notified.
B. BROKER agrees to conduct all billing services to shippers, consignees, or other party responsible
for payment. CARRIER shall invoice BROKER for its (CARRIER’s) charges, as mutually agreed in writing, by
fax, or by electronic means, contained in BROKER’s Load Confirmation Sheet(s) / dispatch sheets
incorporated herein by this reference. Additional rates for truckload or LTL shipments, or modifications
or amendments of the above rates, or additional rates, may be established to meet changing market
conditions, shipper requirements, BROKER requirements, and/or specific shipping schedules as mutually
agreed upon, and shall be confirmed in writing (or by fax or email) by both Parties. Any such additional,
modified, or amended rates, changes in rates shall automatically be incorporated herein by this
reference.
C. RATES: Additionally, any rates, which may be verbally agreed upon, shall be deemed confirmed in
writing where CARRIER has billed the agreed rate and BROKER has paid it. All written confirmations of
rates, including confirmations by billing and payment, shall be incorporated herein by this reference.
Rates or charges, including but not limited to stop-offs, detention, loading or unloading, fuel surcharges,
or other accessorial charges, tariff rates, released rates or values, or tariff rules or circulars, shall only be
valid when their terms are specifically agreed to in a writing signed by both Parties.
D. PAYMENT: The Parties agree that BROKER is the sole party responsible for payment of CARRIER's
charges. Failure of BROKER to collect payment from its customer shall not exonerate BROKER of its
obligation to pay CARRIER. BROKER agrees to pay CARRIER's invoice within 30 days of receipt of the bill
of lading or proof of delivery, provided CARRIER is not in default under the terms of this Agreement. If
BROKER has not paid CARRIER's invoice as agreed, and CARRIER has complied with the terms of this
Agreement, CARRIER may seek payment from the Shipper or other party responsible for payment after
giving BROKER 90 (business days) advance written notice.
E. BOND: BROKER shall maintain a surety bond /trust fund as agreed to in the amount of $75,000
and on file with the Federal Motor Carrier Safety Administration (FMCSA) in the form and amount not
less than that required by that agency’s regulations.
F. BROKER will notify CARRIER immediately if its Federal Operating Authority is revoked,
suspended or rendered inactive for any reason; and/or if it is sold, or if there is a change in control of
ownership, and/or any insurance required hereunder is threatened to be or is terminated, cancelled,
suspended, or revoked for any reason.
G. BROKER’s responsibility is limited to arranging for, but not actually performing, transportation of
a shipper’s freight.
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3. CARRIER RESPONSIBILITIES:
A. EQUIPMENT: Subject to its representations and warranties in Paragraph 1 above, CARRIER agrees
to provide the necessary equipment and qualified personnel for completion of the transportation
services required for BROKER and/or its customers. CARRIER will not supply equipment that has been
used to transport hazardous wastes, solid or liquid, regardless of whether they meet the definition in 40
C.F.R. §261.1 et. seq. CARRIER agrees that all shipments will be transported and delivered with
reasonable dispatch, or as otherwise agreed in writing.
B. BILLS OF LADING: CARRIER shall sign a bill of lading, produced by shipper or CARRIER in
compliance with 49 C.F.R. §373.101 (and any amendments thereto), for the property it receives for
transportation under this Agreement. Unless otherwise agreed in writing, CARRIER shall become fully
responsible/liable for the freight when it takes/receives possession thereof, and the trailer(s) is loaded,
regardless of whether a bill of lading has been issued, and/or signed, and/or delivered to CARRIER, and
which responsibility/liability shall continue until delivery of the shipment to the consignee and the
consignee signs the bill of lading or delivery receipt. Any terms of the bill of lading (including but not
limited to payment and credit terms, released rates or released value) inconsistent with the terms of
this Agreement shall be ineffective. Failure to issue a bill of lading, or sign a bill of lading acknowledging
receipt of the cargo, by CARRIER, shall not affect the liability of CARRIER.
C. LOSS & DAMAGE CLAIMS:
(i) CARRIER shall comply with 49 C.F.R. §370.1 et seq. and any amendments and/or any other
applicable regulations adopted by the Federal Motor Carrier Safety Administration, U.S. Department of
Transportation, or any applicable state regulatory agency, for processing all loss and damage claims and
salvage and
(ii) CARRIER’s liability for any cargo damage, loss, or theft from any cause shall be determined
under the Carmack Amendment, 49 U.S.C. §14706; and
(iii) Special Damages: CARRIER’s indemnification liability (Par 1.H) for freight loss and damage
claims under this sub par C (ii) shall include legal fees which shall constitute special damages, the risk of
which is expressly assumed by CARRIER, and which shall not be limited by any liability of CARRIER under
Subp. (ii) above.
(iv) Except as provided in Par 1.E above, neither Party shall be liable to the other for
consequential damages without prior written notification of the risk of loss and its approximate financial
amount, and agreement to assume such responsibility in writing.
(v) Notwithstanding the terms of 49 CFR 370.9,CARRIER shall pay, decline or make settlement
offer in writing on all cargo loss or damage claims within 30 days of receipt of the claim. Failure of
CARRIER to pay, decline or offer settlement within this 60 day period shall be deemed admission by
CARRIER of full liability for the amount claimed and a material breach of this Agreement.
(vi) CARRIER’s liability for cargo damage, loss, or theft from any cause for any one shipment,
under Sub par. ii above shall not exceed $100,000 unless CARRIER is notified by BROKER or Shipper of
the increased value prior to shipment pick up.
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D. INSURANCE: CARRIER shall furnish BROKER with Certificate(s) of Insurance, or insurance policies
providing thirty (30) days advance written notice of cancellation or termination, and unless otherwise
agreed, subject to the following minimum limits: General liability $1,000,000.00; motor vehicle
(including hired and non-owned vehicles) $1,000,000.00, ($5,000,000 if transporting hazardous
materials including environmental damages due to release or discharge of hazardous substances); cargo
damage/loss, $100,000.00; workers’ compensation with limits required by law. Except for the higher
coverage limits which may be specified above, the insurance policies shall comply with minimum
requirements of the Federal Motor Carrier Safety Administration and any other applicable regulatory
state agency. Nothing in this Agreement shall be construed to avoid or limit CARRIER’s liability due to
any exclusion or deductible in any insurance policy.
E. ASSIGNMENT OF RIGHTS: CARRIER automatically assigns to BROKER all its rights to collect freight
charges from Shipper or any responsible third party on receipt of payment of its freight charges from
BROKER.
F. CARRIER assumes full responsibility and liability for payment of the following items: All applicable
federal, state, and local payroll taxes, taxes for unemployment insurance, old age pensions, workers’
compensation, social security, with respect to persons engaged in the performance of its transportation
services hereunder. BROKER shall not be liable for any of the payroll-related tax obligations specified
above and CARRIER shall indemnify, defend, and hold BROKER harmless from any claim or liability
imposed or asserted against BROKER for any such obligations.
4. MISCELLANEOUS:
A. INDEPENDENT CONTRACTOR: It is understood and agreed that the relationship between BROKER
and CARRIER is that of independent contractor. None of the terms of this Agreement, or any act or
omission of either Party shall be construed for any purpose to express or imply a joint venture,
partnership, principal/agent, fiduciary, employer/employee relationship between the Parties. CARRIER
shall provide the sole supervision and shall have exclusive control over the operations of its employees,
contractors, subcontractors, agents, as well as all vehicles and equipment used to perform its
transportation services hereunder. BROKER has no right to discipline or direct the performance of any
driver and/or employees, contractors, subcontractors, or agents of CARRIER. CARRIER represents and
agrees that at no time and for no purpose shall it represent to any party that it is anything other than an
independent contractor in its relationship to BROKER.
B. NON-EXCLUSIVE AGREEMENT: CARRIER and BROKER acknowledge and agree that this contract
does not bind the respective Parties to exclusive services to each other. Either party may enter into
similar agreements with other carriers, brokers, or freight forwarders.
C. WAIVER OF PROVISIONS:
(i) Failure of either Party to enforce a breach or waiver of any provision or term of this
Agreement shall not be deemed to constitute a waiver of any subsequent failure or breach, and shall not
affect or limit the right of either Party to thereafter enforce such a term or provision.
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(ii) This Agreement is for specified services pursuant to 49 U.S.C. §14101(b). To the extent that
terms and conditions herein are inconsistent with Part (b), Subtitle IV, of Title 49 U.S.C. (ICC Termination
Act of 1995), the Parties expressly waive any or all rights and remedies they may have under the Act.
D. DISPUTES: In the event of a dispute arising out of this Agreement, including but not limited to
Federal or State statutory claims, the Party's sole recourse (except as provided below) shall be to
arbitration. Proceedings shall be conducted under the rules of the (select one): Transportation
Arbitration and Mediation PLLC (TAM). Arbitration proceedings shall be started within eighteen (18)
months from the date of delivery or scheduled date of delivery of the freight, whichever is later. Upon
agreement of the Parties, arbitration proceedings may be conducted outside of the administrative
control of the TAM, AAA, ADR, or DRC. The decision of the arbitrators shall be binding and final and the
award of the arbitrator may be entered as judgment in any court of competent jurisdiction. The
rationale and reasoning of the decision of arbitrator(s) shall be fully explained in a written opinion. The
prevailing party shall be entitled to recovery of costs, expenses and reasonable attorney fees as well as
those incurred in any action for injunctive relief, or in the event further legal action is taken to enforce
the award of arbitrators. Arbitration proceedings shall be conducted at the office of the TAM nearest
Chicago, IL or such other place as mutually agreed upon in writing, or by conference call or video
conferencing upon agreement of the Parties, or as directed by the acting arbitration association.
Provided, however, either Party may apply to a court of competent jurisdiction for injunctive relief.
Unless preempted or controlled by federal transportation law and regulations, the laws of the State of
Illinois shall be controlling notwithstanding applicable conflicts of laws rules. The arbitration provisions
of this paragraph shall not apply to enforcement of the award of arbitration.
(i) Subject to the time limitation set forth in Subp. D above, for disputes where the amount in
controversy exceeds $5,000, BROKER shall have the right, but not the obligation, to select litigation in
order to resolve any disputes arising hereunder. In the event of litigation the prevailing Party shall be
entitled to recover costs, expenses and reasonable attorney fees, including but not limited to any
incurred on appeals.
(ii) Subject to the time limitation set forth in Subp. D above, for disputes where the amount in
controversy does not exceed $5,000, BROKER shall have the right, but not the obligation, to select
litigation in small claims court order to resolve any disputes arising hereunder. The prevailing Party shall
be entitled to recover costs, expenses and reasonable attorney fees, including but not limited to any
incurred on appeals.
(iii) (IF i AND/OR ii ARE ADOPTED, THEN iii MUST BE INCLUDED) Venue, controlling law, and
jurisdiction in any legal proceedings under Subps. i or ii above shall be in the State of Illinois.
E. NO BACK SOLICITATION:
(i) Unless otherwise agreed in writing, CARRIER shall not knowingly solicit freight shipments (or
accept shipments) for a period of 18 month(s) following termination of this agreement for any reason,
from any shipper, consignor, consignee, or other customer of BROKER, when such shipments of shipper
customers were first tendered to CARRIER by BROKER.
F. CONFIDENTIALITY:
(i) In addition to Confidential Information protected by law, statutory or otherwise, the Parties
agree that all of their financial information and that of their customers, including but not limited to
freight and brokerage rates, amounts received for brokerage services, amounts of freight charges
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collected, freight volume requirements, as well as personal customer information, customer shipping or
other logistics requirements shared or learned between the Parties and their customers, shall be treated
as Confidential, and shall not be disclosed or used for any reason without prior written consent.
(ii) In the event of violation of this Confidentiality paragraph, the Parties agree that the remedy
at law, including monetary damages, may be inadequate and that the Parties shall be entitled, in
addition to any other remedy they may have, to an injunction restraining the violating Party from
further violation of this Agreement in which case the prevailing Party shall be liable for all costs and
expenses incurred, including but not limited to reasonable attorney’s fees.
G. The limitations of liability for cargo loss and damage as well as other liabilities, arising out of the
transportation of shipments, which originate outside the United States of America, may be subject to
the laws of the country of origination.
H. MODIFICATION OF AGREEMENT: This Agreement and Exhibit A et. seq. attached may not be
amended, except by mutual written agreement, or the procedures set forth above (Pars 2.B and 2.C).
I. NOTICES:
(i) All notices provided or required by this Agreement, shall be made in writing and delivered,
return receipt requested, to the addresses shown herein with postage prepaid; or by confirmed
(electronically acknowledged on paper) fax, or by email with electronic receipt.
(ii) The Parties shall promptly notify each other of any claim that is asserted against either of
them by anyone arising out of the Parties performance of this Agreement.
(iii) Notices sent as required hereunder, to the addresses shown in this Agreement shall be
deemed sent to the correct address, unless the Parties are notified in writing of any changes in address.
J. CONTRACT TERM: The term of this Agreement shall be one year from the date hereof and
thereafter it shall automatically be renewed for successive one (1) year periods, unless terminated, upon
thirty (30) day's prior written notice, with or without cause, by either Party at any time, including the
initial term. In the event of termination of this Agreement for any reason, the Parties shall be obligated
to complete performance of any work in progress in accordance with the terms of this Agreement.
K. SEVERANCE: SURVIVAL: In the event any of the terms of this Agreement are determined to be
invalid or unenforceable, no other terms shall be affected and the unaffected terms shall remain valid
and enforceable as written. The representations, rights and obligations of the parties hereunder shall
survive termination of this Agreement for any reason.
L. COUNTERPARTS: This Agreement may be executed in any number of counterparts each of which
shall be deemed to be a duplicate original hereof.
M. FAX CONSENT: The Parties to this Agreement are authorized to fax to each other at the numbers
shown herein, (or otherwise modified in writing from time to time) shipment availabilities, equipment
and rate promotions, or any advertisements of new services.
N. FORCE MAJEURE. In the event that either Party is prevented from performing its obligations
under this Agreement because of an occurrence beyond its control and arising without its fault or
negligence, including without limitation, war, riots, rebellion, acts of God, acts of lawful authorities, fire,
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strikes, lockouts or other labor disputes, such failures to perform (except for any payments due
hereunder) shall be excused for the duration of such occurrence. Economic hardships, including, but not
limited to, recession and depression, shall not constitute Force Majeure events.
O. ENTIRE AGREEMENT: Unless otherwise agreed in writing, this Agreement contains the entire
understanding of the Parties and supersedes all verbal or written prior agreements, arrangements, and
understandings of the Parties relating to the subject matter stated herein. The Parties further intend
that this Agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic
evidence may be introduced to reform this Agreement in any judicial or arbitration proceeding involving
this Agreement.
IN WITNESS WHEREOF, we have signed this Agreement the date and year first shown above.
KeunAe Stepan
Printed Name Printed Name
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ACH/ Direct Deposit Payments
Surefire Transportation now offers electronic ACH payments with NET30 day terms. We encourage all vendors to sign-up
for direct deposit to eliminate paper checks and paper waste. There is NO FEE to receive ACH payments with terms of
NET 30 from receipt of invoice.
Our ACH program is NOT available for Canadian or International bank accounts.
Please fill out all fields below to ensure funds are sent to the correct account. PLEASE INCLUDE A COPY OF A VOIDED
CHECK.
I (we) hereby authorize Surefire Transportation LLC, hereinafter called COMPANY, to initiate credit entries to my (our)
bank account indicated below at the depository financial institution named below, hereafter called DEPOSITORY, and to
credit the same to such account. I (we) acknowledge that the origination of ACH transactions to my (our) account must
comply with the provisions of the U.S. Law.
City:________________________________________State:__________________________ Zip:____________________
Routing#:______________________________________________
Account#:______________________________________________
Signature: ________________________________________
E-mail back with a copy of a voided check to POD@SUREFIRETRANSPORTATION.COM or Fax to 888-979-6517 to enroll.
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 1235138880 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY BP202400000268 8/22/2024 8/22/2025 EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 300,000
MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
OTHER: $
A COMBINED SINGLE LIMIT $ 1,000,000
AUTOMOBILE LIABILITY AU202400005315 8/22/2024 8/22/2025 (Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
NON-OWNED
X HIRED
AUTOS ONLY
X AUTOS ONLY
PROPERTY DAMAGE
(Per accident) $
$
A X UMBRELLA LIAB X OCCUR UM202400004448 8/22/2024 8/22/2025 EACH OCCURRENCE $ 2,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000
X RETENTION $ $
DED 10,000
PER OTH-
A WORKERS COMPENSATION WC202400006928 8/22/2024 8/22/2025 X STATUTE ER
AND EMPLOYERS' LIABILITY Y/N
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000
A Contingent Auto Liability AR2024FFP01073 8/22/2024 8/22/2025 Per Occur / Aggregate 2,000,000
A Contingent Motor Truck Cargo AR2024FFP01073 8/22/2024 8/22/2025 Per Occur / Aggregate 250,000
A Errors & Omissions AR2024FFP01073 8/22/2024 8/22/2025 Per Occur / Aggregate 250,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Additional Coverage provided under Policy #AR2024FFP01073 effective 8/22/2023 to 8/22/2024 through New York Marine & General Insurance Company:
Refrigerated Contingent Motor Truck Cargo -- $100,000 per occurrence/aggregate
Dishonest Acts of Third Parties for Contingent Motor Truck Cargo -- $100,000 per occurrence/aggregate