Party, are authorized to, and intend to, bind their respective Party.
9. Each Party represents to the other that its entry into this Agreement does not, and will not,
violate the term of any judgment, decree or ruling, or any contract with any third party.
III. GENERAL TERMS
1. Applicability. This Agreement applies to all services, as further defined herein, arranged for
by HCS and provided by Carrier
(“Services”). Services provided by Carrier may be related to
a shipment originating with HCS, as the “Shipper,” or with a customer of HCS as the “Shipper.”
2. Independent Contractor. The relationship between HCS and Carrier shall be that of an
independent contractor and at no time shall the employees, agents, or associates of one be
considered to be employees, agents, or associates of the other.
A. Carrier shall have the sole responsibility for, and control of, the performance of the Services
including the delivery of the goods, provided hereunder, and shall provide all direction for the
method and manner of performing Carrier’s obligations to this Agreement, and shall bear all
costs and expenses arising out of such Services and delivery of goods.
B. Carrier shall procure necessary licenses, provide appropriate maintenance, and furnish all
supplies necessary for the proper operation of the equipment used and furnished in
performance of the Services.
C. Carrier shall have sole responsibility for, and pay any and all wages, fees, payroll taxes,
assessments, or other expenses relating to, employees or agents of Carrier which may be
required to be paid under any law.
D. HCS shall neither have, nor exercise, control, direction or supervision over Carrier or the
personnel furnished or used by Carrier to perform the Services under this Agreement.
E. Carrier
shall be the “employer” of himself and any carrier employee within the meaning of
3401(d) of the Internal Revenue Code.
Schmieding
Carrier Agreement
4/5/2019
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