REPRESENTS AND WARRANTS THAT IT Clause Examples for Any Agreement
The 'Represents and Warrants That It' clause serves to affirm that a party is making specific factual statements and guarantees about certain conditions or circumstances as of the date of the agreement. In practice, this clause requires the party to confirm, for example, that it has the authority to enter into the contract, that all necessary approvals have been obtained, or that no undisclosed liabilities exist. Its core function is to allocate risk by holding the party legally responsible for the truth and accuracy of these statements, thereby providing assurance to the other party and a basis for legal recourse if the representations prove false.
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REPRESENTS AND WARRANTS THAT IT.ĚýA. is an operator of commercial motor vehicles and/or a motor carrier, authorized to provide the transportation of goods under contracts with shippers and receivers and/or brokers of materials, wares, merchandise and general commodities, and
B. shall transport the goods (property), under its own Operating Authority and subject to the terms of this Agreement, and
C. makes the representations herein for the purpose of inducing BROKER to enter into this Agreement, and
D. agrees that a Xxxxxxx’s insertion of BROKER’s name as the carrier on a bill of lading shall be for the Shipper’s convenience only and shall not change BROKER’s or CARRIER’s status as defined above, and
E. will not re-broker, assign or interline the shipments hereunder, without prior written consent of BROKER. If CARRIER breaches this provision, BROKER shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER. Upon BROKER’s payment to delivering carrier, CARRIER shall not be released from any liability to BROKER under this Agreement. In addition to the indemnity obligation in Par 1.H, CARRIER will be liable for consequential damages for violation of this Paragraph, and F. is in, and shall maintain compliance during the term of this Agreement, with all applicable federal, provincial (or state) and local laws relating to the provision of its services including, but not limited to: transportation of Dangerous Goods (or Hazardous Materials), (including the licensing and training of drivers), to the extent that any shipments hereunder constitute Dangerous Goods (or Hazardous Materials); security regulations; customs regulations; owner/operator lease regulations; loading and securement of freight regulations; implementation and maintenance of driver safety regulations including, but not limited to, hiring, controlled substances, and hours of service regulations; sanitation, temperature, and contamination requirements for transporting food, perishable, and other products, qualification and licensing and training of drivers; implementation and maintenance of equipment safety regulations; maintenance and control of the means and method of transportation including, but not limited to, performance of its drivers, and
G. CARRIER will notify BROKER immediately if any Operating Authority is revoked, suspended or rendered inactive for any reason; and/or if it is sold, or if there is a change in control of ownership, and/or any insurance requir...
REPRESENTS AND WARRANTS THAT IT.ĚýIs a Registered Motor Carrier of Property authorized to provide transportation of property under contracts with shippers and receivers and/or brokers of general commodities.
REPRESENTS AND WARRANTS THAT IT.ĚýIs a Registered Motor Carrier of Property authorized to provide transportation of property under contracts with shippers and receivers and/or brokers of general commodities; Shall transport the property under its own operating authority and subject to the terms of this Agreement; Makes the representations herein for the purpose of inducing BROKER to enter into this Agreement; Agrees that a shipper's insertion of BROKER's name as the carrier on a xxxx of lading shall be for the shipper's convenience only and shall not change BROKER's status as a property broker nor CARRIER's status as a motor carrier. Will not re-broker, assign or interline the shipments hereunder, and that all freight tendered to CARRIER under this Agreement shall be hauled on equipment owned or leased by CARRIER. In the event that CARRIER breaches this provision, in addition to other rights herein, CARRIER shall forfeit payment for the load at issue, shall waive any and all legal rights and remedies against BROKER with regard to the load at issue and shall re-pay BROKER any funds paid or advanced on the load at issue within seven (7) days of request by BROKER. Notwithstanding termination based on breach of this section, CARRIER shall be deemed the agent of the motor carrier(s) that performed the transportation for the purposes of payment and will remain liable to BROKER as if it had hauled the load for any loss incurred by BROKER. In addition to the indemnity obligation in paragraph 3.H CARRIER will be liable for consequential damages for violation of this Paragraph, regardless of whether arising from the conduct or omissions of CARRIER, subcontractor, or any other third party. Will notify BROKER immediately if its federal Operating Authority is revoked, suspended or rendered inactive for any reason; and/or if it is sold, or if there is a change in control of ownership, and/or any insurance required hereunder is threatened to be or is terminated, cancelled, suspended, or revoked for any reason.
REPRESENTS AND WARRANTS THAT IT.ĚýA. Is a Motor Carrier of Property authorized to provide transportation of property within the United States and Canada under contracts with shippers and receivers and/or brokers of general commodities.
B. Shall transport the property, under its own operating authority and subject to the terms of this AgreementÍľ
C. Makes the representations herein for the purpose of inducing MECCA GLOBAL to enter into this Agreement.
D. Agrees that a Shipper’s insertion of MECCA GLOBAL’s name as the carrier on a bill of lading shall be for the Shipper’s convenience only and shall not change MECCA GLOBAL’s status as a property broker nor CARRIER’s status as a motor carrier. MECCA GLOBAL is not a motor carrier and assumes no motor carrier responsibility for cargo loss and damage.
E. Will not re-broker, co-broker, subcontract, assign, interline, or transfer the transportation of shipments hereunder to any other persons or entity conducting business under a different operating authority, without prior written consent of MECCA GLOBAL. If CARRIER breaches this provision, among all other remedies (whether at equity or in law), MECCA GLOBAL shall have the right of paying the monies it owes CARRIER directly to the delivering carrier, in lieu of payment to CARRIER. Upon MECCA GLOBAL’s payment to delivering carrier, CARRIER shall not be released from any liability to MECCA GLOBAL under this Agreement or otherwise, including any claims under MAP-21 (49 U.S.C. § 13901 et seq.). In addition to the indemnity obligation in Par 1.H, CARRIER will be liable for consequential damages for violation of this provision.
(i) Is in, and shall maintain compliance during the term of this Agreement, with all applicable federal, state, provincial and local laws relating to the provision of its services including, but not limited to: transportation of Hazardous Materials (including the licensing and training of Haz-Mat qualified drivers), as defined in 49 C.F.R. §172.800, §173, and §397 et seq. and/or of Dangerous Goods (as defined by and pursuant to applicable Canadian law) to the extent that any shipments hereunder constitute Hazardous Materials or Dangerous Goods as the case may be; Security regulations; Owner/operator lease regulations; Loading and securement of freight regulations; Implementation and maintenance of driver safety regulations including, but not limited to, hiring, controlled substances and alcohol testing, and hours of service regulations; Sanitation, temperature, and contamination re...