pioneer transfer customer packet 121711

Since 1988, we’ve been promising customers that we’ll work harder than anyone else to earn and keep their business. We believe in that so strongly that we made it our mission statement. This is about more than finding a truck to move your freight—we’re focused on providing quality freight broker service and expertise to our customers. Using a large, nationwide network of over 25,000 professional carriers who provide fast, reliable freight delivery, we’re able to make sure that the carriers who move your freight have the equipment, knowledge and ability to get the job done right. And you don’t need to worry; we treat your shipments as our own and have regular communication with our carriers regarding the status of your loads.

Our customers know they’re going to get fair-market pricing and on-time shipment deliveries from working with our experienced, professional freight brokers. They also know they’re going to get fantastic customer service which is just one of the many reasons they partner with us again and again.

Visit us online at www.pioneertransfer.com for more information.

Need more proof? Our customers are so happy with us, they don’t

mind if you give them a call to check us out:

• Mr. D’s Transportation, Cindy Troup, 714.206.0884

• The Milky Whey, Brandon Skarston, 406.542.7373

• Northern Lights, Nick Garst, 515.576.2181

pioNeerTraNsfer:respected. reliable. responsive.

CUsTomer paCKeT

CUsTomer paCKeT

at pioneer Transfera QUiCK LooK

800.325.4650

ViTaL sTaTisTiCs:• MC 212834

• TIA $250,000 Surety—The highest TIA

bond available

• EIN: 38-3848289

• Headquartered in Sioux City, Iowa

• SCAC is PTFL

• Dun & Bradstreet number: 19-521-6916

• Transcore/DAT credit score: 101

• Getloaded® credit score: 103

• Internet Truckstop® average days to pay: 24/Experience

factor: A

• TIA member since 1989

• Red Book Business Character award

• Remit-to address: 57 Littlefield St., Avon, MA 02322

• Stable, long-term company founded in 1988

• First Advantage’s GOLD BOOK BROKER

• TIA Performance Certified

• First-rate customer service available 24/7

• Dedicated carrier relationships

• Transportation for most commodities

• Weekend deliveries/pick-ups

• Expedited services

pioNeer TraNsfer CUsTomer paCKeT 3

Form W-9(Rev. December 2011)Department of the Treasury Internal Revenue Service

Request for Taxpayer Identification Number and Certification

Give Form to the requester. Do not send to the IRS.

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2.

Name (as shown on your income tax return)

Business name/disregarded entity name, if different from above

Check appropriate box for federal tax classification:

Individual/sole proprietor C Corporation S Corporation Partnership Trust/estate

Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶

Other (see instructions) ▶

Exempt payee

Address (number, street, and apt. or suite no.)

City, state, and ZIP code

Requester’s name and address (optional)

List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN)Enter your TIN in the appropriate box. The TIN provided must match the name given on the “Name” line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.

Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter.

Social security number

– –

Employer identification number

–

Part II CertificationUnder penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and

3. I am a U.S. citizen or other U.S. person (defined below).

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4.

Sign Here

Signature of U.S. person ▶ Date ▶

General InstructionsSection references are to the Internal Revenue Code unless otherwise noted.

Purpose of FormA person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA.

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners’ share of effectively connected income.

Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:

• An individual who is a U.S. citizen or U.S. resident alien,

• A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States,

• An estate (other than a foreign estate), or

• A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners’ share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income.

Cat. No. 10231X Form W-9 (Rev. 12-2011)

interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirementgenerally, payments other than interest and dividends, you are not required to sign the certification, but you must

General InstructionsSection references are to the Internal Revenue Code unless otherwise

01/01/12

2034 S AUBIN ST, PO BOX 2567

C

PIONEER TRANSFER, LLC

X

SIOUX CITY, IA 51106

3 8 3 8 4 8 2 8 9


PIONEER TRANSFER, LLC

P O Box 2567 Sioux City, IA 51106 Phone: 712/274-2332 Fax: 712/274-2946

CUSTOMER/BROKER TRANSPORTATION AGREEMENT

THIS AGREEMENT, “Agreement,” is entered into this _____ day of __________, 20__, by and between PIONEER TRANSFER, LLC, a Corporation organized under the laws of Delaware, having offices at 2034 South Saint Aubin Street, Sioux City, Iowa 51106 (BROKER), and _____________________________________, a corporation, LLC, LP (or other entity ______) organized under the laws of the state of ________________ and having offices at ________________________________________________________ (CUSTOMER), collectively, the “PARTIES.”

RECITALS

A. BROKER is licensed as a Property Broker by the Federal Motor Carrier Safety Administration (FMCSA) in Docket Number

MC-212834 and, as a licensed broker, arranges for freight transportation. A copy of BROKER’S authority is attached as Appendix A and a copy of BROKER’S Trust Fund Agreement is attached as Appendix B;

B. CUSTOMER, to satisfy some of its transportation needs, desires to utilize the services of BROKER to arrange for

transportation of CUSTOMER’S freight and BROKER desires to provide its transportation services.

C. The individuals signing this Agreement on behalf of BROKER and CUSTOMER are expressly authorized to do so. NOW, THEREFORE, intending to be legally bound, BROKER and CUSTOMER agree as follows:

AGREEMENT

1. TERM. Subject to paragraph 11, the term of this Agreement shall be one (1) year, commencing on the date first mentioned above and

shall automatically renew for successive one-year periods provided, however, that either Party may terminate this Agreement on 30-days written notice to the other Party, with or without cause, or as otherwise provided in this Agreement.

2. SERVICE. BROKER agrees to arrange for transportation of CUSTOMER’S freight pursuant to the terms and conditions of this

Agreement and in compliance in all material respects with all Federal, state, and local laws and regulations relating to the brokerage of the freight covered by this Agreement. BROKER’S responsibility under this Agreement shall be limited to arranging for, but not actually performing, transportation of CUSTOMER’S freight.

3. VOLUME.

a. CUSTOMER agrees to tender a minimum of three (3) shipments per year to BROKER, and BROKER agrees to arrange for the transportation of said shipments, as well as any other shipments offered by CUSTOMER. CUSTOMER is not restricted from tendering freight to other brokers or directly to motor carriers unless that broker or motor carrier has been introduced to CUSTOMER by BROKER at which time written permission must be obtained from BROKER. BROKER is not restricted from arranging transportation for other parties.

b. CUSTOMER shall be responsible to BROKER for timely and accurate delivery instructions and description and value of the cargo, including any special handling requirements, for any shipment.

4. FREIGHT CARRIAGE. BROKER warrants that it has entered into, or will enter into, bilateral contracts with each carrier it utilizes in the

performance of this Agreement. BROKER further warrants that those contracts comply with all applicable Federal and state regulations and shall include the following provisions:

a. Carrier shall agree to defend, indemnify, and hold BROKER and CUSTOMER harmless from all damages, claims, or losses arising out of its performance of the Agreement, including cargo loss and damage, theft, delay, damage to property, and personal injury or death.

b. Carrier shall agree that its liability for cargo loss or damage shall be no less than that of a Common Carrier as provided for in 49 USC 14706 (the Carmack Amendment). Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability.

c. Carrier shall agree to maintain at all times during the term of the contract, insurance coverage with limits not less than the following:

General Liability/Property Damage $1,000,000 Auto Liability $1,000,000 Cargo Liability $ 100,000 Worker’s Compensation As required by law


Customer/Broker Transportation Agreement – PIONEER TRANSFER LLC Page 2/3 BROKER shall verify that each carrier it utilizes in the performance of this Agreement has insurance coverage as defined above.

d. Carrier shall agree that the provisions contained in 49 CFJ 370.1 et seq. shall govern the processing of claims for loss, damage, injury, or delay to property and the processing of salvage.

e. Carrier shall authorize BROKER to invoice CUSTOMER for services provided by Carrier. Carrier shall further agree that BROKER is the sole party responsible for payment of its invoices and that, under no circumstances, will Carrier seek payment from the shipper, consignee, or CUSTOMER.

f. Carrier shall agree that at no time during the term of its contract with BROKER shall it have an “Unsatisfactory” safety rating as determined by the Federal Motor Carrier Safety Administration (FMCSA). If Carrier receives an Unsatisfactory safety rating, it shall immediately notify BROKER. BROKER shall not knowingly utilize any carrier with an Unsatisfactory safety rating in the performance of this Agreement.

g. BROKER further warrants that it will require proof of insurance and operating authority from each Carrier and, should BROKER utilize the services of any Carrier or other broker on CUSTOMER’S behalf, which Carrier and/or broker does not have proof of insurance and/or operating authority, BROKER agrees to indemnify and hold harmless CUSTOMER from all legitimate claims not paid by Carrier, including but not limited to cargo loss and damage claims.

5. RECEIPTS AND BILLS OF LADING. If requested by CUSTOMER, BROKER agrees to provide CUSTOMER with proof of acceptance

and delivery of such loads in the form of a signed Bill of Lading or Proof of Delivery as specified by CUSTOMER. Shipper’s insertion of BROKER’S name on the bill of lading shall be for shipper of CUSTOMER convenience only and shall not change BROKER’S status as a property broker. The terms and conditions of any freight documentation used by BROKER or carrier selected by BROKER may not supplement, alter, or modify the terms of this Agreement.

6. PAYMENTS. BROKER shall invoice CUSTOMER for its services in accordance with the rates, charges, and provisions set forth in

Appendix C, attached, and any written supplements or revisions that are mutually agreed to between the PARTIES. If rates are negotiated between the PARTIES and not otherwise confirmed in writing, such rates shall be considered “written,” and shall be binding upon BROKER’S invoice to CUSTOMER and CUSTOMER’S payment to BROKER. CUSTOMER agrees to pay BROKER’S invoice within 30 days of invoice date without deduction or setoff. BROKER shall apply payment to the amount due for the specified invoice, regardless whether there are earlier unpaid invoices. Payment of the freight charges to BROKER shall relieve CUSTOMER, shipper, consignee, or other related party of any liability to the carrier for non-payment of its freight charges. BROKER hereby covenants and agrees to indemnify CUSTOMER, shipper, consignee, or other related party against such liability.

7. CLAIMS. BROKER will assist CUSTOMER is resolving freight loss and damage claims. CUSTOMER shall notify BROKER as

promptly as practicable following any loss, damage, or delay in delivery of any shipment. CUSTOMER must file claims for cargo loss or damage with BROKER within one hundred eighty (180) days from the date of such loss, shortage or damage which, for the purposes of the Agreement, shall be the delivery date or in the event of non-delivery, the scheduled delivery date. CUSTOMER must file any civil action against BROKER in a Court of Law within two (2) years from the date the carrier or BROKER provides written notice to CUSTOMER that the carrier has disallowed any part of the claim in the notice. Carriers utilized by BROKER shall agree in writing with BROKER to be liable for cargo loss or damage. The carriers’ cargo liability for any one shipment shall not exceed $100,000 unless BROKER is notified by CUSTOMER of the increased value prior to shipment pickup and with reasonable advance notice to allow BROKER and/or the Carrier to procure additional insurance coverage. It is understood and agreed that the BROKER is not a Carrier and that the BROKER shall not be held liable for loss, damage or delay in the transportation of CUSTOMER’S property unless caused by BROKER’S negligent acts or omissions in the performance of this Agreement. If payment of claim is made by BROKER to CUSTOMER, CUSTOMER automatically assigns its rights and interest in the claim to BROKER so as to allow BROKER to subrogate its loss. In no event shall BROKER or BROKER’S Carrier be liable to CUSTOMER or anyone else for special, incidental, or consequential damages that relate to loss, damage or delay to a shipment unless CUSTOMER has informed BROKER in written or electronic form prior to or when tendering a shipment or series of shipments to BROKER of the potential nature, type, and approximate value of such damages, and BROKER specifically agrees in written or electronic form to accept responsibility for such damages.

The PARTIES shall notify each other within sixty (60) days of learning of any claims other than cargo loss or damage claims, and shall file any such claims with the other Party within one hundred eighty (180) days from the date of notice. Civil action, if any, shall be commenced in a Court of Law within two (2) years from the date either Party provides written notice to the other Party of such a claim.

8. INSURANCE. BROKER agrees to procure and maintain at its own expense and at all times during the term of this Agreement, the

following insurance coverage amounts:

A. Comprehensive general liability insurance covering bodily injury and property damage $1,000,000

B. Contingent Cargo insurance $ 100,000 BROKER shall submit to CUSTOMER a certificate of insurance as evidence of such coverage and which names CUSTOMER as “Certificate Holder.”


Customer/Broker Transportation Agreement Page 3/3 9. SURETY BOND. BROKER shall maintain a surety bond or trust fund agreement as required by the Federal Motor Carrier Safety

Administration in the minimum amount of $10,000 and furnish CUSTOMER with proof upon request. 10. HAZARDOUS MATERIALS. CUSTOMER and BROKER shall comply with all applicable laws and regulations relating to the

transportation of hazardous materials as defined in 49 CFR 172.800 and 173 et seq. to the extent that any shipments constitute hazardous materials. CUSTOMER is obligated to inform BROKER immediately if any such shipments do constitute hazardous materials. CUSTOMER shall defend, indemnify and hold BROKER harmless from any penalties or liability of any kind including reasonable attorney fees, arising out of CUSTOMER’S failure to comply with applicable hazardous materials laws and regulations.

11. DEFAULT. Both Parties will discuss any perceived deficiency in performance and will promptly endeavor to resolve all disputes in

good faith. However, if either party materially fails to perform its duties under this Agreement, the party claiming default may terminate this Agreement on ten (10) days written notice to the other Party. CUSTOMER shall be responsible to pay BROKER for any services performed prior to the termination of this Agreement and for shipments not yet completed and/or not yet invoiced to CUSTOMER.

12. ASSIGNMENT/MODIFICATIONS OF AGREEMENT. Neither Party may assign or transfer this Agreement, in whole or in part, without

the prior written consent of the other party. No amendments or modification of the terms of this Agreement shall be binding unless in writing and signed by the PARTIES.

13. SEVERABILITY/SURVIVABILITY. In the event that the operation of any portion of this Agreement results in a violation of any law, or

any provision is determined by a court of competent jurisdiction to be invalid or unenforceable, the Parties agree that such portion or provision shall be severable and that the remaining provisions of the Agreement shall continue in full force and effect. The representations and obligations of the PARTIES shall survive the termination of this Agreement for any reason.

14. INDEPENDENT CONTRACTOR. It is understood between BROKER and CUSTOMER that BROKER is not an agent for the Carrier or

CUSTOMER and shall remain at all times an independent contractor. CUSTOMER does not exercise or retain any control or supervision over BROKER, its operations, employees, or carriers.

15. NOTICES. Any and all notices required or permitted to be given under this Agreement shall be in writing (or fax) and shall be

addressed as follows:

BROKER: CUSTOMER:

Pioneer Transfer, LLC ________________________________ 2034 S St Aubin St, P O Box 2567 ________________________________ Sioux City, IA 51106 ________________________________ Phone: 712/274-2332 Fax: 712/274-2946 ________________________________ ________________________________

16. FORCE MAJEURE. Neither Party shall be liable to the other for failure to perform any of its obligations under this Agreement during

any time in which such performance is prevented by fire, flood, or other natural disaster, war embargo, riot, civil disobedience, or the intervention of any government authority, or any other cause outside of the reasonable control of the CUSTOMER or BROKER provided that the Party so prevented uses its best efforts to perform under this Agreement and provided further, that such Party provide reasonable notice to the other Party of such inability to perform.

17. ENTIRE AGREEMENT. This Agreement, any confirmation letter, and any rate quotes constitute the entire agreement of the Parties

with respect to the matters contained herein and supersede any prior oral or written agreement(s) between CUSTOMER and BROKER. This Agreement may not be modified except by mutual written agreement executed by the Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first written above. PIONEER TRANSFER LLC CUSTOMER _________________________________________ _________________________________________ Signed Signed KARI DOBROVOLNY _________________________________________ Printed Printed CHIEF OPERATING OFFICER _________________________________________ Title Title

IN WITNESS WHEREOF,

PIONEER TRANSFER LLC

__________________________________Signed

KARI DOBROVOLNY


CERTIFICATE HOLDER

© 1988-2009 ACORD CORPORATION. All rights reserved.ACORD 25 (2009/09)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE

LOCJECTPRO-POLICY

GEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY

GENERAL LIABILITY

PREMISES (Ea occurrence) $DAMAGE TO RENTEDEACH OCCURRENCE $

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GENERAL AGGREGATE $

PRODUCTS - COMP/OP AGG $

$RETENTION

DEDUCTIBLE

CLAIMS-MADE

OCCUR

$

$

AGGREGATE $

EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)

INSRLTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF(MM/DD/YYYY)

POLICY EXP(MM/DD/YYYY) LIMITS

WC STATU-TORY LIMITS

OTH-ER

E.L. EACH ACCIDENT

E.L. DISEASE - EA EMPLOYEE

E.L. DISEASE - POLICY LIMIT

$

$

$

ANY PROPRIETOR/PARTNER/EXECUTIVE

If yes, describe underDESCRIPTION OF OPERATIONS below

(Mandatory in NH)OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

$

COMBINED SINGLE LIMIT(Ea accident)

BODILY INJURY (Per person)

BODILY INJURY (Per accident)

PROPERTY DAMAGE(Per accident) $

$

$

$

INSRADDL

WVDSUBR

N / A

$

$

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).

The ACORD name and logo are registered marks of ACORD

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED

PHONE(A/C, No, Ext):

PRODUCER

PRODUCERCUSTOMER ID #:

ADDRESS:E-MAIL

FAX(A/C, No):

CONTACTNAME:

NAIC #

INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

8/23/2011

Mary RichardsonWolpert Insurance Agency, Inc.18 John Street PlaceWorcester MA 01609

508-459-4700 [email protected]

4561

Underwriters at LloydsPioneer Transfer, LLC2034 S. St Aubin StreetSioux City IA 51106

Transguard 21849American Home Assurance CoCharter Oak Fire Ins. Co

89711104THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOWHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

A XSZ 06861 7/29/2011 12/20/2011 1,000,000

X 50,000

X 1,000

1,000,000

2,000,000

included

D A5-CAP-9141C217-COF-10 7/29/2011 12/15/2011 1,000,000

X

B TWC323724-03 7/29/2011 11/1/2011 X X

1,000,000N

1,000,000

1,000,000C Motor Truck Cargo 051769059 8/15/2011 8/15/2012 $250,000

Reefer Breakdown$15,000

Per Brokered LoadIncludedDed per Load

Coverages subject to policy forms and conditions

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEDBEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREDIN ACCORDANCE WITH THE POLICY PROVISIONS.

PIONEER TRANSFER, LLC2034 S ST AUBIN, P O BOX 2567SIOUX CITY IA 51106

pioneer transfer customer packet 121711

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