TERMS & CONDITIONS OF SERVICE of AUTO TRANSPORT
1. Pickup and delivery are door to door unless there are restrictions. If your vehicle is inoperable or oversize (dual or oversize wheels, extra-large, racks, lifted, limo, etc.), you must notify us when booking the shipment. If carrier is not advised of such conditions in advance, there may be extra charges. All extra charges must be paid in cash or money order, at carrier discretion, made payable to delivery company. Despite of any vehicle condition, it must roll, brake, and steer. 2. The carrier and driver jointly and separately are authorized to operate their motor vehicle and transport your vehicle between pickup and destination locations set forth on this shipping order bill of lading. 3. IronBridge Freight Logistics agrees to provide a carrier to transport your vehicle as promptly as possible in accordance with your instructions but cannot guarantee pickup or delivery on a specified date or time. If the customer cancels an order the deposit will be refunded in full. IronBridge Freight Logistics reserves the right to reject any auto shipping order and will refund the deposit in full. 4. If a shipping rate was chosen greater than the Standard Rate, it cannot be changed once a carrier has been assigned, regardless of estimated shipping dates or date of assignment. All changes to the shipping price, whether greater or lesser in amount, must occur prior to vehicle assignment and acknowledged by IronBridge Freight Logistics via email. The carrier accepted your vehicle for shipping and reserved space for it based upon the amount offered and is not responsible for how long it took to have it assigned, picked up or delivered. 5. Shipper shall remove all non-permanent outside mounted luggage and other racks prior to shipment. Vehicles must be tendered to carrier in good running condition (unless otherwise noted) with no more than a half tank of fuel (prefer 1/4 tank). 6. Luggage and personal property must be confined to trunk, with no heavy articles, and not to exceed 100 lbs. Carrier is not liable for personal items left in vehicle, nor for damage caused to vehicle from excessive or improper loading of personal items. IronBridge Freight Logistics does not agree to pay for your rental of a vehicle, nor shall it be liable for failure of mechanical or operating parts of your vehicle. 7. Trucking damage claims, although rare, are the responsibility of the assigned carrier who is required by law to carry a minimum of 3/4 of a million dollars public liability. All claims must be noted and signed for at time of delivery and submitted in writing to the assigned carrier within the terms of that carrier's bill of lading. IronBridge Freight Logistics will share the carrier insurance policy information upon request but is not the entity responsible for any damages. The assigned carrier is solely responsible for the condition of your vehicle while in possession of your vehicle. 8. No electronic equipment, valuables, plants, live pets, alcohol, drugs, or firearms may be left in the vehicle. 9. For international orders, the car must be empty except for factory installed equipment. Indicate serial number and provide approximate value in U.S. dollars. Shipper is responsible for the proper customs paperwork. (ask the assigned carrier for help with these documents) 10. This agreement and any vehicle transport here under are subject to all terms and conditions of the carrier's tariff and the uniform straight bill of lading, copies of which are available at the office of the carrier. This supersedes all prior written or oral representation of IronBridge and constitutes the entire agreement between shipper and IronBridge and may not be changed except in writing signed by an officer of IronBridge Freight Logistics. IronBridge Freight Logistics’ U.S. Department of Transportation Broker's license number is 2858744. SCOPE
If Customer has agreed, either electronically or via a signed agreement with IronBridge Auto Transport to terms and conditions applicable to this vehicle transport service, then those terms and conditions shall apply to this service order. If no such current agreement with IronBridge Auto Transport exists, then the terms and conditions contained herein ("Terms & Conditions of Service") shall apply to all quotations made and contracts of Service entered into between IronBridge Auto Transport and Customer, irrespective of whether Customer accepts these Terms & Conditions of Service by a written acknowledgement, by implication, or by acceptance of goods hereunder. Any term or condition on any order or other document submitted by Customer shall be of no force or effect whatsoever and IronBridge Auto Transport specifically rejects any different or additional terms and conditions proposed by Customer. PRICE Prices shall be as set forth on the agreement between IronBridge Auto Transport and customer. This agreed price is stated above. Customer and IronBridge may agree to a different price. IronBridge Auto Transport reserves the right to accept or decline any order at any time. IronBridge Auto Transport will not be liable for any failure to ship an order. Prices include standard freight and insurance using an IronBridge Auto Transport selected carrier. There are no taxes or hidden fees.
IronBridge Auto Transport will make every effort to place Customer's vehicle on an authorized carrier usually within one to several days of customer's designated first date available to ship. Conditions that may cause delays are weather, seasonal shifts of carrier traffic and possibly remote location of either the pickup or delivery. Customer shall not hold IronBridge Auto Transport responsible for any delay for any reason.
A deposit is due when booking any shipment. The remaining balance owed is always paid to the driver upon delivery (not pickup) with a money order or cash. If credit is extended by IronBridge Auto Transport, Customer will be invoiced upon shipment of vehicle and payment of such invoice is due no later than three days from the date of invoice. IronBridge Auto Transport reserves the right to change Customer's credit terms at any time. THE REMEDIES SET FORTH IN THESE TERMS AND CONDITIONS OF SERVICE SHALL BE CUSTOMERS SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF THESE TERMS & CONDITIONS OF SERVICE BY IRONBRIDGE AUTO TRANSPORT. GENERAL TERMS
Governing Law. These Terms & Conditions of Service will be governed and interpreted under the laws of Georgia U.S.A., without regard to its conflict of law’s provisions. Severability. If a court of competent jurisdiction holds that any provision of these Terms & Conditions of Service is invalid or unenforceable, the remaining provisions of these Terms & Conditions of Service will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of these Terms & Conditions of Service. Waivers. A party's waiver of any breach by the other party or failure to enforce a remedy will not be considered a waiver of subsequent breaches of the same or of a different kind. Assignments. Customer shall not assign its order, or any interest therein, or any rights hereunder without the prior written consent of Seller. Entire Agreement. These Terms & Conditions of Service contain all the agreements, warranties, understandings, conditions, covenants, and representations made between Customer and IronBridge Auto Transport. Neither Customer nor IronBridge Auto Transport will be liable for any agreements, warranties, understandings, conditions, covenants, or representations not expressly set forth or referenced in these Terms & Conditions of Service. Customer acknowledges that IronBridge Auto Transport reserves the right to refuse any different or additional provisions in purchase orders, invoices, or similar documents, and such refused provisions will be unenforceable. Customer further acknowledges to have waived their right to privacy if customer chooses to publish in any media an opinion of the company, and that in the interest of fairness the customer's name, town and state may be publicly disclosed. Modifications. No modification to these Terms & Conditions of Service will be binding unless in writing and signed by an authorized representative of each party.
TERMS & CONDITIONS of Broker - Shipper Agreement
INTRODUCTION: The Broker is a licensed Property Broker by the Federal Motor Carrier Safety Administration (“FMCSA”) authorized to arranges for freight transportation on behalf of the Shipper or Shipper’s customer. A Shipper is who uses the services of Broker to facilitate the transportation of goods from its origin to its destination. BROKER and SHIPPER are legally bound to the following Agreement in addition to any federal and state laws pertaining to Broker/shipper Agreement. AGREEMENT: 1. TERM. The term of this Agreement is valid for one (1) year; it will automatically be renewed for successive one (1) year periods; provided, however, that this Agreement may be terminated without reason at any time by Broker’s or Shipper’s action in giving thirty (30) days prior written notice to one another. This Agreement does not grant Broker an exclusive right to provide transportation related services to Shipper or its Customers nor does this Agreement obligates Broker to provide exclusive service to Shipper or its customers. 2. BROKER’S COMPLIANCE WITH LAW. Broker represents and warrants that it is legally qualified to operate as a property Broker and to provide the transportation services described herein. Broker guarantees to obey all federal, state and local laws regarding the provision of such brokerage services. The Broker is an independent entity from a motor carrier in selling, negotiating, providing and arranging for transportation for compensation, and that the actual transportation of shipments tendered to Broker shall be performed by third-party motor carriers. 3. RATES, CHARGES AND PAYMENTS. Shipper shall tender certain shipments upon availability to Broker. Unless otherwise agreed by the Parties, Broker will charge and Shipper will pay the rates agreed to transport a load moving from an origin to a destination. Shipper agrees to pay Broker within fifteen (15) days of receiving the invoice, with interest accruing monthly at a rate of one percent (1%). Shipper shall also be liable for any expenses, including attorney fees, Broker incurs in collecting its rates and charges. In an event Shipper requests additional services other than transporting loads, or if unexpected services need to be performed the following table of accessorial charge will list the charges for such service provided. However, any other services that are not mentioned on this table shall be discussed and rate will be set at time of load agreement. Detention CV ST TT $65.00 Per hour after 1 hour Per hour after 1 hour Per hour after 1 hour Cap $250.00 per 24 hours. Convention detention $65.00 Per hour after 2 hrs. no cap. Hand Load/unload CV ST TT $75.00 $125.00 $200.00. Pallet jack Pallet jack Inside Delivery CV ST TT Per quote Per quote Per quote Layover CV ST TT $150.00 $150.00 $250.00 Each + detention Each + detention Each +detention Saturdays $50.00 Per occurrence Sundays/holidays $75.00 Per occurrence COD $25.00 Per occurrence. Additional Stop $65.00 Per occurrence + mileage Lift-gate $75.00 Per shipment Hospital $40.00 Per shipment Residential $25.00 Per shipment. Truck clean out fee $200.00. Debris removal $65.00. Pallet/skid exchange $20.00 + stop off fee TONU* CV ST TT $100.00 $175.00 $250.00 + Mileage + Mileage + Mileage Fuel surcharge Per FSC schedule CV: Cargo van applied to shipments of up to two pallets and maximum weight of 2000 lbs. Each pallet cannot exceed dimensions 48x40x48 ST: Straight truck applied to shipments of up to 12 pallets and maximum weight of 10000 lbs. Each pallet cannot exceed dimensions 48x40x88 (subject to vehicle limitation). TT: Tractor Trailer. Maximum weight of 48,000 lbs. (subject to vehicle limitation). Shipping Locations: Customer is responsible to ensure that all shipping locations are valid and equipped to load/unload scheduled vehicle. All shipping locations must provide BOL. TONU: TRUCK ORDERED, NOT USED charge applies to all shipments cancelled within 24 hours of original pickup time. TONU charge is calculated per shipment plus mileage from dispatch location to pick up location and back to dispatch location. TONU charge will waived if truck is cancelled within 20 minutes of booking. Freight Payment: All freight bill payments will be made within 30 days of shipment date. Late Payments are subject to 2.5% interest charge. Quotes: All quotes are based on the equipment availability at the time of quoting. 4. INDEMNIFICATION. a. Shipper shall indemnify, defend and save Broker , its employees, and agents harmless from and against any and all liability, claims, loss, costs, fines, penalties, expenses (including attorney’s fees), judgments, or demands on account or damage of any kind whatsoever, including but not limited to personal injury, property damage, cargo damage, or any combination thereof, suffered or claimed to have been suffered by any person or persons, arising out of Shipper’s performance under this Agreement to the extent such claim is proximately caused by 1) the negligence or intentional misconduct of Shipper; 2) Shipper’s or its employees’ or agents’ violation of applicable laws or regulations; or 3) Shipper’s or its employees’ or agents’ breach of this Agreement, except to the extent such liability, claims or loss represent consequential or special damages, or are the result of the negligence or other wrongful conduct of Broker. b. The indemnified Party shall promptly tender the defense of any claim to the indemnifying Party. c. In no event shall either Party be responsible for any special or consequential damages under this Agreement. 5. INDEPENDENT CONTRACTOR. Broker represents and warrants that it is an independent contractor under this Agreement and that its employees are under Broker’s exclusive management and control, and that Shipper neither exercises nor retains any control over Broker, its operations or employees in any manner whatsoever. 6. CONTRACT CARRIERS. Broker shall make reasonable efforts to place Shipper’s loads with responsible Servicing Motor Carriers authorized to perform the services required by Shipper for the purposes of transporting the loads with reasonable dispatch under the direction of Shipper. In no event will Broker tender any goods of Shipper to a Servicing Motor Carrier holding an “unsatisfactory” safety rating. Broker also agrees to utilize only Servicing Motor Carriers that possess all insurance coverages required by applicable law. However, the Parties understand and agree that Broker, by signing this Agreement, makes no express or implied warranties or guarantees concerning delivery time or the locating of a Servicing Motor Carrier to provide the transportation services requested by Shipper. Moreover, Shipper acknowledges and agrees that such Servicing Motor Carriers might limit Shipper’s recovery for claims for cargo loss, damage or delay. 7. BROKER INSURANCE. BROKER shall comply with all bonding requirements imposed upon it by law, including its obligation to maintain a surety bond. 8. CARGO LOSS, DAMAGE, OR SHORTAGE. If Shipper or its customers file a cargo loss, damage or shortage claim, Broker may facilitate claims filing and processing with the Carrier if Shipper submits to Broker, within six (6) months of the date of delivery, a written claim, fully supported by all relevant documentation, including but not limited to the signed delivery receipt, listing the nature and cause of the claim for cargo damage. Shipper understands and agrees that the underlying Carrier may have a limitation of liability in place that limits Shipper’s recovery with respect to such claims. Broker may, in its sole discretion and without liability to Shipper, discontinue pursuit of claims with the Carrier if that claim is not resolved within sixty (60) days of receipt by Broker. Broker shall have no liability for cargo loss, damage, or shortage except to the extent such claims are caused by Broker’s negligent acts or omissions, in which event, Broker’s liability shall be limited to the amount owed to Broker by Shipper with respect to the services provided by Broker that relate to the commodities at issue. With respect to the standard for Broker negligence with respect to Carrier’s insurance, BROKER shall be deemed to be negligent only if the Carrier fails to maintain insurance as required by law. Broker shall require its servicing Motor Carriers to maintain at least the minimum required by law in cargo loss and damage insurance. 9. SHIPPING DOCUMENTS. Unless otherwise agreed in writing, all shipments tendered shall be accepted on a bill of lading which shall function as a receipt of the goods only; the terms and conditions of any bill of lading will not apply to transportation provided pursuant to this Agreement. Upon request of Shipper, Broker shall instruct Carriers to obtain a delivery receipt from the consignee, showing the products delivered, condition of the shipment and the date and time of delivery. 10. NOTIFICATION OF ACCIDENTS OR DELAYS. Broker agrees to notify Shipper of any accident or other event of which Broker becomes aware during the transport of any load which prevents the motor carrier from making a timely or safe delivery. 11. ELECTRONIC COMMUNICATION. The Parties agree that they shall be free to communicate with each other as to BROKER’S service under this Agreement via electronic means per the terms and conditions of the following “section” I, II, III, and IV: I. Pursuant to Regulatory Guidance Concerning Electronic Signatures and Documents, 74 Fed. Reg. 411 (Jan. 4, 2011), issued by the Federal Motor Carrier Safety Administration (“FMCSA”), BROKER and SHIPPER hereby consent and agree to conduct business using, to the extent either party elects to do so in a particular instance, one or more of the following methods: (a). Captured Image Method. Under the Captured Image Method, an image of a scripted name or legal mark is created using a stylus on an electronic pad, and that image is then used to populate an electronic version of the document to be signed electronically by BROKER, SHIPPER, or both, as authorized by FMCSA in its guidance in response to Question 6 at 74 Fed. Reg. 411, 413. (b). Email Method. Under the Email Method, electronic signatures are accomplished through the exchange of email correspondence in a manner that identifies and authenticates BROKER or SHIPPER as the sender of the email correspondence. II. This consent encompasses the use of electronic methods to transmit and effect the signature of any document, including, without limitation, any supplement, modification, addendum, amendment, notice, consent and/or waiver, required by this Agreement or required by FMCSA regulations to be generated and maintained (or exchanged by private parties), including, without limitation, driver applications, driver histories, and other qualification records, leases formed under 49 C.F.R. Part 376, driver-vehicle inspection reports, and records of duty status. III. The parties agree that when the PARTIES use any of the electronic methods described in this section to accomplish electronic signatures, the chosen method: (1) identifies and authenticates Broker or Shipper as the source of the electronic communication; (2) indicates Broker’s or Shipper’s approval of the information contained in the electronic communication; and (3) produces an electronic document with the same integrity, accuracy, and accessibility as a paper document or handwritten signature. IV. Either party may elect, with respect to any document, to use a manual/hardcopy signature, provided that the election shall not preclude the other party from applying an electronic signature to the same document. 12. ASSIGNMENT/MODIFICATION/BENEFIT OF AGREEMENT. This Agreement may not be assigned or transferred in whole or in part. This Agreement shall be binding upon and inure to the benefit of the Parties hereto. 13. SEVERABILITY. If any portion of this Agreement constitutes a violation of any law, the Parties agree that the unlawful portion shall be severable and that the remaining provisions of this agreement shall continue in full force and effect. 14. DISPUTE RESOLUTION. This Agreement shall be deemed to have been drawn in accordance with the statutes and laws of the state of Georgia and if any disagreement or dispute arises between the PARTIES, the laws of Georgia shall apply and any lawsuit relating to this Agreement must be brought in state or federal courts in Fulton county in Georgia. Each party to this Agreement specifically submits to the exclusive personal jurisdiction of those courts. 15. COMPLETE AGREEMENT. This Agreement, except for any orally agreed upon over the road transport rates not set forth in the “Accessorial Charge” table and the Parties’ electronic communications as authorized under section 11, constitutes the Parties entire agreement with reference to the subject matters herein, and may not be changed, waived, or modified except in writing signed by both Parties.
TERMS & CONDITIONS of Broker - Carrier Agreement
WITNESSETH: (1) CARRIER is an authorized motor contract carrier of property under Federal Motor Carrier Safety Administration (FMCSA) to provide transportation of property to the general public or under contract with shippers and receivers of general commodities (2) BROKER is a licensed broker of property authorized by the FMCSA and controls the transportation of the commodities to be tendered to CARRIER, in accordance with the criteria established in the governing law and, thus is a shipper under those criteria. NOW THEREFORE, in consideration of the representation made herein, the parties agree as follows: (a) The CARRIER shall issue a bill of lading for property it receives for transportation under this contract and shall be liable to the person entitled to recover under the bill of lading. The liability imposed by this paragraph is for the actual loss or injury of the CARRIER. The Carrier's liability shall be the same as a carrier's liability under 49 U.S.C. 11707. (b) CARRIER agrees to maintain cargo insurance in the amount of minimum $100,000 to compensate those parties entitled to recover under the preceding paragraph. CARRIER shall cause its insurance carrier to forward forthwith to BROKER a standard Certificate of Insurance which Certificate shall require the insurance carrier to give BROKER written notice 30 days prior to the cancellation of such cargo insurance. The cargo insurance shall be in the form required by 49 C.F.R. 1043.2(b), and shall have no exclusions or restrictions that would not be accepted by the Federal Motor Carrier Safety Administration for a filing under the statutory requirements of the above-cited section, but shall, in all respects, be identical to the cargo insurance filed in accord with said section. (c) CARRIER's liability shall begin at the time cargo is loaded upon carrier’s equipment at point of origin and continue until said cargo is delivered to the designated consignee at destination, or to any intermediate stop off party. (d) CARRIER agrees to defend and hold harmless BROKER against any and all loss or damage claims on each shipment transported by CARRIER pursuant to this Agreement. CARRIER further agrees to defend and hold harmless broker from any and all liability, cost, and damages to persons and/or property arising out of CARRIER's operation hereunder, including but not limited to all road, fuel, and other taxes, fees or permits, related to the shipments transported by the CARRIER as arranged by BROKER. II. SPECIFIC OBLIGATIONS OF BROKER (a) BROKER shall offer to CARRIER for shipment a minimum quantity of one vehicle per year of shipments for each year this agreement remains in effect and the carrier shall agree to transport those shipments tendered during that period. (b) Unless agreed otherwise, BROKER arranges with the receiver of the vehicle that the CARRIER collects payment on delivery (COD) the agreed amount on the rate confirmation. III. RATES AND CHARGES The transportation rate negotiated between the parties is detailed on the rate confirmation. Additional rates or modifications of the rate maybe established or amended on the rate confirmation in order to meet specific shipping schedules, as mutually agreed, but such changes shall be communicated by initiating party via facsimile or electronic mail, to the other party, and the approval of the change shall be demonstrated by the second party initialing the change, and returning by facsimile machine or electronic mail, the proposed change with the initialed approval. IV BILLS OF LADINGS The bill of lading shall note that the shippers were transported by CARRIER, acting as a carrier, and that the shipment was arranged by BROKER, acting as a broker. The name of the underlying shipper shall be inserted in the blank for the shipper and the name of the consignee shall be inserted in a blank for the consignee. When BROKER has assembled multiple statements into carload or truckload lots, the list of underlying shippers will be attached as Appendix to the bill of lading. V. COMPLIANCE WITH 49 U.S.C. 10102 Both parties recognize that motor contract carrier service is based on the CARRIER either (1) assigning motor vehicles for a continuing period of time for the exclusive use of the shipper or (2) providing a service designed to meet the distinct needs of the shipper. This Agreement does not contemplate the assignment of motor vehicles under continuing agreements, but the contract arrangement has been designed to meet the distinct needs of the BROKER. The BROKER needs the CARRIER to assume full liability for the actual loss or injury to the property tendered to the CARRIER to negate a possibility of the CARRIER moving these goods on released rates with a limitation of liability, and paragraph I specifically imposes this obligation upon the CARRIER. Paragraph VI (a) imposes a further obligation on the CARRIER that claims shall be settled in accordance with 49 C.F.R. 1005, and this is also designed to meet the distinct needs of the broker further the BROKER> Further, the BROKER needs a single forum for the settlement of disputes, and paragraph VI (b) meets this distinct need of the BROKER. VI. PROVISIONS AS TO THE SETTLEMENT OF CARGO CLAIMS AND OTHER DISPUTES (a) Cargo claims shall be settled in accordance with the regulations codified at 49 C.F.R. 1005. (b) If any dispute arises about any matter covered by the terms of the Motor Contract Carrier Agreement, the dispute must be submitted, by the party who alleges a violation filing a complaint with the Federal Motor Carrier Safety Administration. The complaint shall contain specific references to pertinent statutory provisions and regulations of the Federal Motor Carrier Safety Administration and the terms of this contract that the complainant believes have been violated. Such a complaint shall be submitted in accordance with all the provisions of 49 C.F.R. 1111. No court action shall be taken by either party prior to the decision of the Federal Motor Carrier Safety Administration, and the decision of the Federal Motor Carrier Safety Administration shall be a binding, final and non-appealable decision. If for any reason the Federal Motor Carrier Safety Administration refuses to accept the complaint, or refuses to make a ruling on the subject matter of the complaint then the parties recourse shall be to the judicial system, either state or federal. VII. RELATIONSHIP The relationship of the CARRIER to the BROKER shall, at all times, be that of an independent contractor, except that the BROKER shall be the agent for the collection of charges, in case the shipper pays the BROKER. VIII. TREBLE COMISSION FOR BACK SOLICITATION CARRIER shall not solicit traffic from any shipper, consignor, consignee, or customer of BROKER (1) where the availability of such traffic first became known to CARRIER as a result of BROKER's efforts, or (2) where the traffic of the shipper, consignor, consignee, or customer of the BROKER was first tendered to the CARRIER by the BROKER. If CARRIER breaches this agreement and “back-solicits” the BROKER's customers and obtains traffic after the involved traffic first begins to move, BROKER will be paid a commission from the CARRIER of 43.5% or the transportation revenue received on the movement of the traffic, which amounts to treble commission. IX. ACTS OF GOD Neither party hereto will be liable for the failure to tender or timely transport freight under this AGREEMENT if such a failure, delay, or other omission is caused by strikes, act of god, war, accidents, civil disorder, or through compliance with legally constituted order of civil or military authorities. X. GOVERNING STATUES AND REGULATIONS This AGREEMENT shall be governed by title 49 of the United States Code and Title 49 of the Code of Federal Regulations. This AGREEMENT is to become effective on the signed date below, and shall remain in effect for a period of one year from such date, and from year to year thereafter, subject to the right of either party hereto to cancel or terminate the AGREEMENT at any time open not less than thirty 30 days' written notice of one party or the other .
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