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Document Description
This Service Agreement - Truck Driving Services is a legally binding document entered into between the driver and the customer. The agreement outlines the terms and conditions for the provision of truck driving services by the driver to the customer. It is important as it establishes the rights and obligations of both parties, ensuring clarity and preventing any misunderstandings.
The agreement begins with an interpretation section, defining key terms and providing general provisions. It includes definitions for terms such as 'agreement' and 'services', ensuring that both parties have a clear understanding of the terms used throughout the document.
The driver's obligations are outlined in section 2, which includes affirmations of having a valid driver's license and providing services in a professional and diligent manner. The driver is also required to comply with all applicable laws and regulations, including those related to anti-bribery and corruption, and data protection.
Section 3 emphasizes the importance of timely completion of the work. It states that time is of the essence and that the services should be completed by the agreed completion date. If there is a delay, the customer may grant an extension of time for completion.
Section 4 addresses service fees and payment terms. The customer agrees to pay the driver a service fee at a per-mile rate, and the driver will invoice the customer monthly. Late payment will incur a 5% per month late charge. The driver may also incur expenses, which will be reimbursed by the customer upon submission of an invoice.
Sections 5 and 6 cover vehicle maintenance and license/insurance requirements. Depending on whether the driver or the customer owns the vehicle used for the services, they will be responsible for vehicle maintenance. The customer is also required to be licensed and approved for doing business in the relevant jurisdiction.
Section 7 includes warranties and indemnities. The customer is required to promptly report any defects in the driver's performance, and the driver is obligated to rectify any defaults. The driver's liability is capped to the amount of fees received under the agreement. The customer also agrees to indemnify the driver against any liabilities arising from the services.
Section 8 outlines the term and termination of the agreement. The agreement will be effective for a specified period or until the completion of services, and either party may terminate the agreement under certain circumstances.
Sections 9 and 10 address ownership of materials and confidentiality. The driver reserves intellectual property rights in the deliverables but grants the customer a license to use them. The parties are required to keep the terms of the agreement and any confidential information confidential.
Section 11 covers announcements and publicity, stating that no announcement or disclosure shall be made without the prior written approval of all parties.
Section 12 states that any variation of the agreement must be in writing and signed by the parties. It also clarifies that a variation does not constitute a general waiver of any provisions.
Section 13 prohibits the customer from assigning the agreement or sub-contracting the performance without the driver's consent.
Section 14 includes a severability clause, stating that if any provision of the agreement is held to be illegal or unenforceable, it shall be deemed not to be included, but the remaining provisions shall remain in full force and effect.
Section 15 requires the parties to perform all further acts and execute any further documents necessary to implement the agreement.
Section 16 contains a warranty of capacity and power, with each party representing that it has the authority and capacity to enter into and carry out its obligations under the agreement.
Section 17 addresses force majeure, stating that none of the parties shall be liable for any failure or delay in performing their obligations due to causes outside their reasonable control.
Section 18 clarifies that the agreement does not confer any rights on third parties.
Section 19 encourages the parties to resolve any disputes amicably and in good faith. It also includes a jurisdiction clause.
Section 20 covers notices and service, specifying the methods and timing of delivering notices between the parties.
Section 21 allows the agreement to be executed in counterparts, with each counterpart constituting one instrument.
This detailed description provides a comprehensive overview of the entire document, highlighting the importance of each section and its relevance to the parties' rights and obligations.
How to use this document?
To use this Service Agreement - Truck Driving Services, follow these steps:
1. Review the entire agreement to understand its terms and conditions.
2. Ensure that both parties' information, including their principal place of business, is accurately entered in the agreement. This will help identify the parties clearly.
3. Specify the price and completion date of the services to be provided by the driver. This will ensure that both parties are aware of the expectations and deadlines.
4. Describe the type(s) of services to be provided by the driver in detail. This will help avoid any misunderstandings regarding the scope of work.
5. Agree on the length of warranty and time of payment after the completion of the work. This will ensure that both parties are aware of the payment terms and the length of the warranty.
6. If the services are not completed by the completion date, specify the amount of damages per week that the customer is entitled to. This will make both parties aware of the consequences of non-completion.
7. If there are any services outside the scope defined in the agreement, create a new agreement for those services.
8. Keep records of all expenses incurred by the driver while performing the services. Submit an invoice itemizing each expense, along with proof of purchase and receipt.
9. In case of any disputes with an invoice, notify the driver in writing along with any substantiating documentation or a detailed description of the dispute within 5 business days.
10. Furnish the necessary supplies and equipment required to deliver and complete the services, unless otherwise agreed upon.
11. If the driver owns the vehicle used for the services, they are responsible for all vehicle maintenance. If the customer owns the vehicle, they are responsible for maintenance.
12. Comply with all applicable laws and regulations related to the services, including anti-bribery and corruption, and data protection.
13. Promptly report any defects in the driver's performance to ensure timely rectification.
14. Keep the terms of the agreement and any confidential information confidential, unless required by law or with prior written approval.
15. Seek written approval from all parties before making any announcements or disclosures related to the agreement.
16. Any variations to the agreement must be in writing and signed by all parties.
17. If any provision of the agreement is deemed illegal or unenforceable, it shall be deemed not to be included, but the remaining provisions shall remain in effect.
18. Perform all further acts and execute any further documents necessary to implement the agreement.
19. In case of any disputes, attempt to resolve them amicably and in good faith. Consider the jurisdiction clause for resolving any legal matters.
20. Follow the specified methods and timing for delivering notices between the parties.
By following these steps, you can effectively use this Service Agreement - Truck Driving Services and ensure compliance with its terms and conditions.
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