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This Service Agreement - Truck Driving Services is a legally binding document that establishes the terms and conditions between the driver and the customer for the provision of truck driving services. The agreement highlights the importance of prompt and timely performance of the driver's obligations and emphasizes the need for compliance with state, city, and/or county laws, regulations, and guidelines applicable to the services.
The agreement begins with an interpretation section that defines key terms and clarifies the scope of the agreement. It includes provisions for the driver's obligations, such as abiding by laws and regulations, possessing a valid driver's license, and providing current health examinations. The driver is required to make best and commercially reasonable efforts to provide the services in a professional and diligent manner, using industry standards and good commercial practice.
The completion of the work section emphasizes the importance of timely completion of the services by the agreed completion date. It allows for the possibility of granting an extension of time for completion if there are valid reasons for the delay. In case of non-completion by the completion date, the customer is entitled to liquidated damages at a specified rate per week.
The service fees section outlines the payment terms and conditions. The customer agrees to pay the driver a service fee at a per-mile rate, and the driver is responsible for invoicing the customer by a specified date each month. The driver may also incur expenses related to the services, which should be itemized and supported by proof of purchase and receipt.
The agreement includes provisions for vehicle maintenance, license and insurance, warranties and indemnities, term and termination, ownership of materials, confidential information, announcements/publicity, amendment, assignment, severability, further assurance, warranty of capacity and power, force majeure, and no rights under contracts for third parties.
The agreement also includes provisions for arbitration and proper law, notices and service, and counterparts. It specifies the addresses of the parties for the purpose of serving notices and allows for the execution of the agreement in multiple counterparts.
Overall, this Service Agreement - Truck Driving Services is a comprehensive document that protects the rights and interests of both the driver and the customer, ensuring clear expectations, timely performance, and proper compensation for the services provided.
To use this Service Agreement - Truck Driving Services, follow these steps:
1. Review the agreement: Familiarize yourself with the terms and conditions outlined in the agreement, including the driver's obligations, completion of the work, service fees, and other provisions.
2. Customize the agreement: Modify the agreement as necessary to reflect the specific details of the truck driving services to be provided, such as the completion date, service fee rate, and any additional terms or conditions.
3. Enter the parties' information: Fill in the names and principal places of business of both the driver and the customer in the designated sections of the agreement.
4. Specify services and obligations: Clearly describe the type(s) of truck driving services to be provided by the driver and outline the driver's obligations, including compliance with laws and regulations, possession of a valid driver's license, and provision of current health examinations.
5. Determine completion date and damages: Agree on the completion date for the services and specify the amount of damages per week that the customer is entitled to in case of non-completion by the completion date.
6. Establish service fee and payment terms: Determine the service fee rate and specify the invoicing and payment terms, including the due date for payment and any expenses that may be incurred by the driver.
7. Address vehicle maintenance, license, and insurance: Clarify the responsibilities for vehicle maintenance, depending on whether the driver or the customer owns the vehicle used for the services. Ensure that the customer is licensed and approved for doing business in the relevant jurisdiction.
8. Include warranties and indemnities: Outline the driver's obligations to promptly notify the customer of any delays, problems, or complaints related to the services and to provide necessary further services to rectify any defects.
9. Determine the term and termination: Decide on the duration of the agreement and the circumstances under which either party may terminate the agreement, including notice periods and refund provisions.
10. Address ownership of materials and intellectual property: Specify that materials and goods delivered to the site become the property of the customer and clarify the ownership and use of intellectual property developed under the agreement.
11. Ensure confidentiality of information: Establish confidentiality obligations for the driver regarding the customer's confidential and protected information and specify the return or destruction of such information upon termination.
12. Comply with announcement and publicity requirements: Obtain written approval from the other party before making any announcements or disclosures related to the agreement, unless required by law or regulatory bodies.
13. Review and execute the agreement: Carefully review the finalized agreement, ensuring that all necessary modifications and additions have been made. Sign the agreement on behalf of the parties, preferably in multiple counterparts.
By following these steps, you can effectively use this Service Agreement - Truck Driving Services to establish a clear and mutually beneficial relationship between the driver and the customer for the provision of truck driving services.