Whitewater Freight

Terms and Conditions

The following Service Requirements apply to all shipments tendered to Carrier by Whitewater Freight Forwarding, Inc. and supersede conflicting terms in any tariff, contract, bill of lading, or any other document.

  1. DRIVER COMMUNICATION. Driver(s) are required to use Macropoint tracking on all loads. Drivers are required to notify us of any issues with Macropoint on their end.
    1. Tracking is required to start at 8:00am the day of pickup or 4 hours prior to the loading time 
    2. Tracking is required for carriers requesting detention time along with in and out times to be annotated on the BOL and signed by shipper/ receiver 
    3. Failure to track can result in loss of the load or a $250 fine for not tracking
    4. If tracking is stopped by driver at any point in the transit of the load carrier will assume a no tracking fee –
    5. Carriers are required to update driver information for tracking if there is a change – driver swaps without update and active tracking during the duration of the load will be considered not tracked loads.  
  2. PICK UP AND DELIVERY TIMES. If these times cannot be met, Whitewater must be notified immediately. Failure to meet Delivery Time may result in a reduction in compensation, at the sole discretion of Whitewater, of up to $300 per missed day, or designated shipping / receiving  window. Additional 3rd party fees may apply.
  3. Acts of God and National Disasters: No additional charges will be deducted from carrier for weather related events, or other national emergencies. Additionally, no detention or layovers will be paid for the same type of events. These are all unfortunate events that no one has any control over, and will neither be deducted from nor added to.
  4. Lumpers and Other Reimbursable Items: It is the company/drivers responsibility to call in and get approval for each item, and upon approval each item will be reimbursed with receipt for said item, showing the amount paid and date.
  5. Layovers: Layovers are considered any time a driver needs to hold over from one day to the next on a load and are paid out at $300 a day, including weekends
  6. DRIVER CHECK INS AND RATE CONFIRMATION. If rate confirmation is not signed and  returned back to Whitewater Freight,  load may be forfeited.
  7. VERIFICATION OF SHIPMENT INFORMATION. Driver must reconcile information from shipper (BOL) with information on Whitewater’s RATE CONFIRMATION SHEET. If there are discrepancies, driver must notify Whitewater immediately. No payment will be made for services performed that do not comply with RATE CONFIRMATION SHEET.
  8. NO SUBCONTRACTING. Carrier agrees to transport all shipments on their own equipment. If Carrier brokers or trip leases any shipment, unless authorized in writing by Whitewater, no payment will be made. If suspicious activity causes us to believe shipments have been double brokered, log records or other back up documents may be required for payment to be issued.
  9. EQUIPMENT: Equipment provided must match the equipment shown on the Rate Confirmation Sheet. All loads are considered dedicated with the potential for max scale weight unless noted on the rate conformation by the broker. 
  10. All equipment must display Carrier’s own signage. Any equipment that does not meet this requirement will be rejected without compensation.
  11. NO RAIL. Shipments must not, under any circumstances, be moved by rail. If a shipment is moved by rail, no payment will be made.
  12. Team Loads: If shipment requires a team, both drivers must check in with shipper, both drivers must check call daily, both drivers must check in with receiver, both drivers must be signed on all bill of ladings. If these are violated and it is not a team, rate will be reduced up to 50% One driver will be required to accept Macropoint tracking for the duration of the load 
  13. We allow 2 hours to load and 2 hours to unload before detention charges apply, if approved, they pay out at $50 a hour.
  14. Detention will not be paid unless carrier has tracking active to reflect accurate arrival and departure times.  
  15. Shipments held hostage: Any carrier that is refusing to deliver, or appears to be refusing to deliver without compensation that is not agreed to, will be sent a rate confirmation reflecting those additional charges, but will be cut back to the original rate. Forced negotiations void all updated rates and rate confirmations.
  16. Time in and time out must be shown on the bill of lading and signed by the shipper or receiver.
  17. Detention will not be paid on either end if a driver misses a pick up or delivery time.
  18. Tarping, if required, must be performed at Shipper’s location. No additional compensation will be paid for return to Shipper’s location for tarping. Failure to tarp can result in rejection of product, damaged product. Carrier will be responsible and liable due to failure to complete contracted load requirements. 
  19. WEIGHING. If shipment weighs more than 35,000 pounds, the shipment must be weighed at scales nearest to the pickup point.
  20. If shipment is determined to be overweight or over axle at scales nearest to the pickup point, Whitewater will be responsible for reasonable expenses to return to shipper for correction.
  21. If shipment is not weighed at the scales nearest to pickup point and is later determined to be overweight or overweight or over axle, neither Whitewater nor shipper shall be responsible for resulting costs in correcting the problem.
  22. EXCLUSIVE USE. Unless noted on the Rate Confirmation Sheet, all shipments will be considered to Exclusive Use. No other shipments are to be loaded on the trailers. If Carrier breaches this paragraph, compensation will be reduced by up to 50%
  23. Reconsignment: Compensation on difference in miles will be paid out at the carriers existing rate per mile on the load for each additional mile.
  24. Vehicle Identification: Vehicles must display signage that corresponds with the Carrier’s name as stated in this rate confirmation to avoid forfeiture of shipment and reporting of double brokering.
  25. Cargo Security: Security seals must not be broken without prior authorization. Unauthorized tampering with seals may result in cargo rejection and a fine of $500.
  26. Compliance: Carriers must comply with all applicable laws and regulations and will bear responsibility for any infractions resulting in fines or penalties. The Carrier must not undertake any action at the request of any party that violates legal or safety standards.
  27. Legal Operation: The Carrier is responsible for ensuring the safe, legal, and proper operation of their vehicle at all times. Any instruction from Whitewater Freight that contravenes legal requirements must be disregarded, and Whitewater Freight must be informed immediately.
  28. Communication Protocol Acknowledgment: By executing this agreement, the Carrier and their drivers confirm their capability to lawfully receive text messages dispatched by Whitewater Freight, Inc. It is imperative to understand that engaging with text messages while operating any vehicle poses significant risks of injury, death, or property damage. The Carrier, the driver, and all related personnel are obliged to review and respond to such communications exclusively when the vehicle is securely parked and stationary.
  29. The Carrier and all associated individuals fully assume responsibility for compliance with this protocol and pledge to adhere to all relevant federal, state, and local regulations concerning the management of mobile communication devices. This includes the reception, perusal, and dispatch of text messages, phone calls, or the transfer of any pertinent information to or from Whitewater Freight.
    Furthermore, the Carrier agrees to exonerate and defend Whitewater Freight against any claims that may arise in connection with the transportation of loads, any breach of the terms of this Rate Confirmation Agreement, or the overarching Broker-Carrier Agreement, to the maximum extent allowed by law.