TERMS AND CONDITIONS
Sentry Scout Limited Liability Company now referred as Sentry Scout and the client considered from now on as the Carrier is a federally licensed motor carrier operating and engaged in the transportation of freight in intrastate or/and Interstate commerce as a common carrier. Carrier wishes to engage Sentry Scout as a “Safety and Compliance Management Company” in the capacity of coordination and management of the compliance of the U.S. Department of Transportation regulations and the Federal Motor Carrier Safety Administration investigations. The Carrier hereby acknowledges that nothing in this agreement shall be interpreted as creating an employer/employee, independent contractor, or any type of employment relationship between Carrier and Sentry Scout. The service will be provided 100% remotely for any registration, monitoring, audit assistance or logistics coordination. Both parties may cancel the service agreement (without any cancelation fees) if any of the parties fail in their responsibilities.
1. Responsibilities
Sentry Scout
Scout Sentry will assist the Carrier in a weekly and monthly basis by monitoring the compliance and safety regulations upon eligibility. The Carrier hereby retains Sentry Scout to perform the services designated herein at the rates provided on “Premium Coverage” attached hereto. In accordance with this administrative service agreement, the Carrier hereby retains Sentry Scout and its authorized employee (Safety Manager) to contact by email, phone, or text message any Third-Party Providers, Driver, Employee or Government Entities for audit or service purposes (Transportation and Logistics related). DMV (Department of Motor Vehicles) agents or any other entities necessary to comply with tasks or regulations compliance. Pursuant to this agreement, Sentry Scout shall not send a driver for drug/alcohol testing, cancel, or hire an ELD provider or pay state permits without Carrier’s prior consent.
Carrier
Carrier agrees to pay Sentry Scout at a monthly rate per driver and an initial audit fee as shown on “Premium Coverage”. Carrier hereby acknowledges that payment must be rendered to Sentry Scout via Credit Card, Bank Transfer or PayPal. Sentry Scout will execute a charge between the 25th and 28th of each month. The service will be provided between Monday to Friday between 8:00 AM to 5:00 PM. The Carrier will be solely responsible for the timely delivery in good condition of shipments.
Tendered under this Agreement. Carrier hereby acknowledges that it is not being retained as an employee or independent contractor of Sentry Scout and that Sentry Scout responsibilities are limited to assisting Carrier in safety regulations administration, storage of Driver Qualification files, DOT compliance consulting and FMCSA audit assistance. Carrier warrants that it is solely Independent from Sentry Scout and exercises exclusive control over its equipment, employees, and the means and methods of carrying out its contractual obligations. To provide a proper service, the carrier has the obligation of providing initial information to create the structure of a Safety Department, this is not limited to units ELD logins, Driver’s General information, Third Party Provider if any, FMCSA logins, Units CAB Cards, Bills of Lading, Maintenance Receipts, Annual Inspections, and other documents necessary to fulfill a proper service. Pursuant to this agreement, the Carrier will reply or respond by phone or email to any reports or request for documents from the Safety Manager. The Carrier is uniquely accountable for maintaining all required insurance coverages for the protection of the public in accordance with and limited to ICC regulations under 49 U.S.C. 13906 which Sentry Scout makes no representations as to whether the subject insurance may or not provide coverage to Carrier.
2. Indemnification & Limitation of Liability
Carrier agrees to pay, indemnify, defend and hold harmless Sentry Scout and its owners, agents and employees against any and all loss, liability, damages, claims, costs and/or expenses which are in any way caused, contributed to, or exacerbated by the breach of contract, intentional or negligent acts or omissions of Carrier, its employees, drivers, helpers contractors, subcontractors or agents, on each shipment coordinated for the Carrier pursuant to this Agreement. Carrier further agrees to indemnify, defend and hold Sentry Scout harmless from all and any allegations, claims, liability or costs for injury to persons and/or damage to property which are in any way caused, contributed to or exacerbated by the breach of contract, negligent or intentional acts or omissions of Carrier, its employees, drivers, helpers, subcontractors, independent contractors or agents, or arising out of Carrier’s operations hereunder, including but not limited to claims for respondent superior, negligent selection, hiring or supervision of the Carrier; its employees, agents or subcontractors.
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3. Internal Sentry Scout Policies
Refunds
All charges made for the Carrier that are destined for state/federal fees, third party providers, lab drug/alcohol tests, clearinghouse queries and not limited to the mentioned, will not be refunded. All charges made to the Carrier that are destined for Sentry Scout fees may be refunded if they are requested in the first 48 hours after the charge, the refund will subtract all external or government charges as mentioned before.
Driver List
The Carrier understands that must notify Sentry Scout of any termination or hire of drivers to update the driver list. Also, the carrier understands that if any drivers are chosen to perform a drug and/or alcohol test, the Carrier will be responsible for ensuring they go in for testing (Sentry Scout will do 3 attempts).
Warranty
The Carrier accepts the whole responsibility of any harmful results on DOT investigations if the cause is negligence or failing to provide documents to the assigned Safety manager in a timely manner.
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