Joyner Brokerage — Broker-Shipper Agreement
1. Purpose & Scope
This Broker-Shipper Agreement ("Agreement") governs the relationship between Joyner Transportation & Logistic Services LLC ("Joyner," "Broker," "we," "us," or "our"), a licensed property freight broker holding FMCSA Broker Authority, and shippers ("Shipper," "you," or "your") who use Joyner's freight brokerage services to arrange transportation of their freight. By tendering freight to Joyner for brokerage, you agree to be bound by this Agreement, the Commission & Payment Terms, and the Liability & Claims Handling Policy, all incorporated herein by reference.
2. Joyner's Role as Broker
Joyner acts solely as a property freight broker in arranging transportation under this Agreement. Joyner arranges for the transportation of Shipper's freight by motor carriers but does not itself transport freight or assume carrier liability under this Agreement. The actual transportation of freight is performed by independent motor carriers under their own FMCSA operating authority. Joyner selects carriers using commercially reasonable judgment and in compliance with applicable FMCSA carrier vetting requirements.
JOYNER IS NOT A MOTOR CARRIER AND DOES NOT ASSUME CARRIER LIABILITY FOR FREIGHT LOSS, DAMAGE, OR DELAY UNDER THIS AGREEMENT, EXCEPT AS EXPRESSLY PROVIDED IN THE LIABILITY & CLAIMS HANDLING POLICY. SHIPPER ACKNOWLEDGES JOYNER'S ROLE AS A BROKER AND AGREES THAT CARRIER LIABILITY UNDER THE CARMACK AMENDMENT APPLIES TO THE MOTOR CARRIER TRANSPORTING THE FREIGHT.
3. Shipment Tendering
To tender freight to Joyner for brokerage, Shipper must provide the following information for each shipment:
- Origin and destination addresses, including contact names, phone numbers, and any special access requirements
- Commodity description, NMFC class, and any hazardous material classifications with applicable UN numbers and proper shipping names
- Weight, dimensions, and piece count
- Pickup date and time requirements and any required delivery date or appointment
- Special handling, temperature, or equipment requirements
- Declared value of the shipment where applicable
- Any shipper-specific routing or carrier restrictions
Shipper is responsible for the accuracy of all shipment information. Joyner is not liable for service failures, additional costs, or freight claims resulting from inaccurate or incomplete shipment information provided by Shipper.
4. Carrier Selection & Vetting
Joyner selects carriers for Shipper's freight using the following minimum vetting criteria:
- Active FMCSA motor carrier operating authority
- Safety rating of Satisfactory or unrated (Unsatisfactory and Conditional rated carriers are not used)
- Minimum auto liability insurance of $750,000 (general freight) or $1,000,000 (hazmat)
- Minimum cargo insurance of $100,000 per occurrence
- Executed Broker-Carrier Agreement with Joyner
Joyner selects carriers based on availability, service capability, and price. Joyner does not guarantee the use of any specific carrier or equipment type unless expressly agreed in writing. Shipper may provide preferred or excluded carrier lists, which Joyner will honor on a commercially reasonable basis subject to carrier availability.
5. Rates & Charges
Joyner provides freight rate quotes to Shipper based on current market rates, lane demand, and carrier availability. Quoted rates are valid for the period specified in the rate quote. Rates are subject to adjustment for:
- Actual weight, dimensions, or commodity that differ from the information provided at the time of quote
- Accessorial charges incurred during the shipment, including detention, liftgate, residential delivery, fuel surcharge adjustments, and redelivery charges
- Hazardous materials handling fees where not included in the original quote
- Reweigh or reclassification charges where the carrier determines the freight description is inaccurate
All rate adjustments will be communicated to Shipper with supporting documentation. See the Commission & Payment Terms for billing and payment details.
6. Shipper's Responsibilities
Shipper is responsible for:
- Properly preparing freight for shipment, including adequate packaging, labeling, marking, and palletization appropriate for the mode of transport
- Providing accurate freight descriptions, weights, and dimensions — Shipper is liable for additional charges resulting from inaccurate descriptions
- Complying with all applicable DOT hazardous materials regulations for hazmat shipments, including proper classification, packaging, labeling, and documentation
- Having freight ready for pickup at the time specified in the booking confirmation
- Providing carrier drivers with safe, accessible loading conditions and reasonable loading and unloading assistance
- Notifying Joyner promptly of any shipment problem, including freight not ready, address changes, or consignee issues
7. Freight Claims
Freight claims for loss of or damage to shipments arranged through Joyner's brokerage are governed by the Liability & Claims Handling Policy. Joyner will assist Shipper in filing and pursuing freight claims against the responsible carrier. Joyner's liability as broker for freight loss or damage is limited as described in the Liability & Claims Handling Policy.
8. Confidentiality
Both parties agree to keep confidential the pricing, rates, and terms of this Agreement and all non-public information disclosed in connection with the brokerage relationship. Joyner will not disclose Shipper's freight volumes, lanes, commodity types, or pricing to Joyner's other shipper clients. Shipper will not disclose the carrier rates or margins disclosed by Joyner to Shipper's competitors or to other brokers.
9. Term & Termination
This Agreement is effective upon Shipper's first freight tender to Joyner and continues until terminated by either party upon thirty (30) days' written notice. Termination does not affect obligations arising from shipments tendered before the termination effective date. All outstanding invoices are due and payable immediately upon termination.
10. Indemnification
Shipper agrees to indemnify, defend, and hold harmless Joyner from and against all claims, liabilities, damages, losses, costs, and expenses (including attorneys' fees) arising from: (a) inaccurate shipment information provided by Shipper; (b) improper packaging or preparation of freight by Shipper; (c) Shipper's violation of applicable law, including hazmat regulations; or (d) Shipper's failure to have freight ready for pickup as scheduled.
11. Limitation of Liability
JOYNER'S TOTAL LIABILITY TO SHIPPER AS A BROKER FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE BROKERAGE FEE PAID BY SHIPPER FOR THE SPECIFIC SHIPMENT GIVING RISE TO THE CLAIM. JOYNER IS NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM BROKERAGE SERVICES, INCLUDING LOST PROFITS OR PRODUCTION DELAYS.
12. Dispute Resolution & Governing Law
All disputes arising out of or relating to this Agreement are subject to the Joyner Arbitration & Dispute Resolution Policy, including the binding arbitration agreement and class action waiver. This Agreement is governed by applicable federal transportation law and, to the extent state law applies, by the laws of the State of Georgia.
13. Contact
Brokerage inquiries: brokerage@myjoyner.com | Joyner Transportation & Logistic Services LLC | Atlanta, Georgia.