TERMS AND CONDITIONS for Onroad Transport and Logistics LLC – MC#1126744 (“The Broker”)
The Client and The Broker agree as follows:
- The fee for our service becomes due as soon as The Terms and Conditions have been signed and returned by the client to the transport company. If for some reason your Vehicle/Personal Property becomes unavailable for the carrier to pick up, the client will not be eligible for a refund on their deposit paid to The Broker as our services have been rendered.
- Client warrants that client is the legal owner of the Vehicle/Personal Property being transported (the “Vehicle/Personal Property”), or that Client has been duly authorized by the legal owners to enter into this Contract for transportation of
the Vehicle/Personal Property.
- In the event that Client cancels this Contract for any reason whatsoever after dispatch, the Client is to forfeit his/her deposit and will not be eligible for a refund. The Broker has a minimum cancellation charge of $100.00 in addition to any other amounts due under this Contract. A “dry run” fee may be assessed in the event the Client is unavailable or unwilling to provide the Vehicle/Personal Property for transportation as of the first date of availability as designated on the shipping form.
- Client, upon tender of the Vehicle/Personal Property to The Broker or its transportation agent, and the consignee, upon acceptance of delivery by Client or its agent, shall be jointly liable for any and all unpaid charges payable on account of the shipment, including but not limited to, sums advanced or disbursed by The Broker or any of its agents on account of such shipment and any and all costs of collection including costs and reasonable attorneys fees.
- Client shall not leave any additional items in the Vehicle/Personal Property except those attached to and part of the Vehicle/Personal Property. The Broker shall not be responsible for the loss of or damage to personal belongings, including without limitation any personal property which is not factory-installed, that is not a part of the Vehicle/Personal Property.
- If for some reason no deposit has been prepaid, at the time of loading, the Client shall pay all tariff amounts COD, including any additional charges, in cash or certified funds. In the event that said forms of payments are not available at delivery, the Client shall be responsible for any and all storage fees assessed. In order to make pick up/delivery, the Client agrees to meet The Carrier at a specified time and place if necessary.
- Client shall pay and all costs, including without limitation storage, towing and additional delivery costs, incurred as a result of Client’s breach of any warranty or obligation under this Contract. Signing The Broker’s bill of lading or its transportation agent’s bill of lading at the destination without notation of damage shall be evidence of satisfactory delivery of the Vehicle/Personal Property. Once the bill of lading is signed Client verifies vehicle condition and
waves all rights for any additional claims.
- The Broker’s responsibility for the Vehicle/Personal Property commences when the bill of lading is issued and signed by the driver and terminates when the Vehicle/Personal Property is signed for at the destination.
- The Broker or any of its agents shall not be liable for damages, including without limitation any of the following, not caused by their negligence:
- Damage caused by fluids, acids, cooling system antifreeze, industrial fallout, or damage caused by acts of God.
- Damage that is undetectable due to Vehicle/Personal Property’s condition or glass damage caused by normal wear and road use.
- Mechanical malfunctions, exhaust assembly, frame, alignment, tire damage, soft top convertibles, suspension, tuning of the engine, or damage that is a result of tie-downs tearing or breaking.
- Auto rental accruals.
- Damage resulting from the Vehicle/Personal Property being overloaded.
- Damage to the Vehicle/Personal Property because it cannot be driven on or off transporter under its own power or has defective or insufficient brakes, parking brake, or parking gear.
- The liability of The Broker or any of its agents for negligence causing damage to the Vehicle/Personal Property shall be limited to the amount paid by the Client for the transportation of the Vehicle/Personal Property.
- The Client shall be responsible for preparing the Vehicle/Personal Property for shipment. All loose parts, fragile or protruding accessories, low hanging spoilers, antennas, etc., must be removed and/or properly secured. Any part of the Vehicle/Personal Property that falls off during transport is the Client’s responsibility, including damages caused to any other Vehicle/Personal Property involved. Security systems should be disarmed and any keys or
transmitters for the said device must be provided to the transporter.
- The Client agrees to indemnify, defend and hold The Broker and its agents harmless for any costs, expenses, damage, losses, and claims caused by the Client’s breach of any warranty or obligation under this Contract.
- The Broker warrants and the Client acknowledges that The Broker is licensed by the Federal Motor Carrier Safety Administration.
- The Broker and its transportation agent transporting the Vehicle/Personal Property are hereby authorized to operate and transport the Vehicle/Personal Property from point of origin to the destination specified in The Broker’s bill of lading. The Broker is authorized to drive the Vehicle/Personal Property either at point of origin or point of destination between the points of loading/unloading and the points of pickup/delivery, and the Client shall provide insurance for the same.
- In the event that there are any unforeseen delays regarding delivery, federal regulations require that all outstanding freight charges be paid without deductions. The Client agrees to properly note any damage claimed at the time of the delivery of the Vehicle/Personal Property, and to pay the balance of the delivery charges in cash or certified funds. Damages not noted on the transportation agent’s bill of lading will not be honored (no exceptions). Any claim of damage caused by The Broker must be made within 15 days of delivery in writing, specifying the damage claimed. The transportation agent actually transporting the Vehicle/Personal Property shall be liable for any and all damage claims arising from the transport. The Client agrees to file all claims with such a transportation agent as identified on the transportation agent’s bill of lading/delivery receipt and to bring any legal action for damages against such
transportation agents only. The Client agrees to release and hold harmless The Broker from any such claims.
- After the Client makes the Vehicle/Personal Property available to The Broker for transport, The Broker shall use its best efforts to deliver the Vehicle/Personal Property in an expedient manner. However, The Broker does not guarantee the date or time of delivery.
- The Client shall pay an additional $250 if the Vehicle/Personal Property is or becomes inoperable during transport, and an additional amount for if the Vehicle/Personal Property is oversized or overweight unless the Vehicle/Personal Property is disclosed as being inoperable, oversized or overweight, respectively. All inoperable Vehicles/Personal Property must steer, brake, and roll.
- If applicable, while The Broker and its agents are driving the Vehicle for purposes of parking, storage, and other purposes incidental to the performance of the obligations under this Contract, The Broker shall have the full benefit of any insurance that has been affected by Client on the Vehicle, unless said insurance coverage is void while the Vehicle/ or property is in the possession of The Broker and its agents.
- The Client shall, in its absence, designate someone to act as the Client’s agent at the points of pick up and/or delivery.
- This Contract constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. It supersedes all prior negotiations, letters, and understandings relating to the subject matter hereof.
- This Contract may not be amended, supplemented, or modified in whole or in part except by an instrument in writing signed by the party or parties against whom enforcement of any such amendment, supplement, or modification is sought.
- This Contract will be construed in accordance with the laws of the state of Wyoming, without application of its choice-oflaw principles.
- If legal action is instituted to enforce the terms and conditions of this Contract, exclusive jurisdiction and venue for any such action will be in the state and federal courts of Laramie County, Wyoming. The parties hereto hereby irrevocably waive, to the fullest extent permitted by law, (a) any objection to jurisdiction or venue of any action arising out of or relating to this Contract brought in Laramie County, Wyoming, or any judgment entered by any court in
respect thereof, or (b) any claim that any action brought in Laramie County, Wyoming, has been brought in an inconvenient forum.
- No person, other than The Broker’s transportation agencies and other agents, shall be deemed to possess any third-party beneficiary right pursuant to this Contract. It is the intent of the parties hereto that no direct benefit to any third party, other than The Broker’s transportation agencies and other agents, is intended or implied by the execution of this Contract. The Broker’s transportation agent and other agents are express third party beneficiaries of the terms of this Contract.
- Client agrees to have their respective insurance companies that issue property damage insurance waive any rights of subrogation that those companies may have against the Broker