Terms & Condition
Terms and Conditions for the Arrangement of Motor Carrier Transportation by Speedline Auto Transport LLC.
These terms and conditions of service (the “Terms and Conditions”) constitute a legally binding contract among the Parties (defined below) and shall apply solely to services provided by Speedline Auto Transport LLC (“Speedline”) for the arrangement of transportation services in North America. The Terms and Conditions are subject to change by Speedline upon posting on Speedline’s website from time to time. Speedline is bonded and duly authorized as a property broker with the Federal Motor Carrier Safety Administration. All orders, unless stated otherwise and agreed upon in writing, are cash upon delivery of the vehicle (cash or cashier’s check/certified check).
- Definitions:
a. “Auxiliary Services” are those services that are performed prior to or subsequent to transportation, such as storage, which is requested by the Customer and arranged by Speedline as an additional service.
b. “Bill of Lading” is the reference to the official shipping document, sometimes completed by the CUSTOMER or, in some cases, by the Carrier or other authorized person or entity accepting the Shipment, containing pertinent information about the Shipment, such as weight, condition of the Shipment, and the like. The Bill of Lading may include, but not be limited to, shipping documents directly referred to and titled as a Bill of Lading and also other shipping documents commonly used in the industry, such as a Delivery Receipt, etc., which duly authorize the Carrier to accept the Shipment.
c. “Bill to Party” is the person or entity to whom the Bill of Lading instructs Speedline to issue the invoice for the Shipment.
d. “Carrier” is the person or entity selected by Speedline to actually perform the transportation of the Shipment with its own means of transport under its own motor carrier authority and subject to carrier liability as a result of an express or implied undertaking to assume such liability.
e. “Consignee” is the person or entity listed as the “ship to” party or to whom the Bill of Lading instructs the Carrier to deliver the Shipment.
f. “CUSTOMER” or “Shipper” includes the person or entity with whom Speedline has contracted to arrange to move the Shipment and any Person who directly benefits from services performed pursuant to the Terms and Conditions.
g. “Parties” include the CUSTOMER, the Consignee, the consignor, Speedline, and any other Person having a present or future interest in the Shipment or any Person acting on behalf of any of the above-mentioned parties with respect to a Shipment.
h. “Person” means any individual, corporation, limited liability company, joint venture, trust, partnership, or other entity.
i. “Speedline” means Speedline Logistics Inc., its affiliated companies, and their respective employees, officers, directors, and agents performing freight brokerage services pursuant to the Terms and Conditions.
j. “Shipment” or “Vehicle” is the cargo listed and described on the Bill of Lading, to be transported by the Carrier, or as amended in subsequent written documentation provided to Speedline.
2. Agreement to Terms and Conditions. In tendering a Shipment to Speedline for Speedline to arrange for the transportation of the same or otherwise engaging the services of Speedline in any other fashion, CUSTOMER agrees that the version of the Terms and Conditions in effect at the time the shipment is tendered to Speedline for the arrangement of transportation will apply to the Shipment, and its transportation by the Carrier, and the Auxiliary Services, which no agent or employee of the Parties may alter. To the extent the Terms and Conditions conflict with a Bill of Lading or other shipping documents, the Terms and Conditions shall control. Further, except to the extent the Terms and Conditions conflict with any written agreement (other than a Bill of Lading or shipping document) between the Parties, the Terms and Conditions shall supersede any alleged or asserted oral agreement, promise, representation, or understanding between the Parties. In the case of conflict between the Terms and Conditions contained herein and those set forth by the Carrier’s General Rules Tariff, these Terms and Conditions shall apply.
3. Quotations. Except as set forth in a written agreement between the CUSTOMER and Speedline, quotations as to freight charges or other charges provided by Speedline to the CUSTOMER are valid for seven (7) calendar days. CUSTOMER understands that quotations are provided to CUSTOMER in reliance on the information furnished to Speedline at the time the quotation is provided and are subject to change based on actual weights, the actual make, model, or condition of the Vehicle, dimensions, and volumes tendered by the CUSTOMER, as well as due to unforeseen or unanticipated costs, occurrences, or events which are beyond the control of Speedline.
4. Customer’s Warranty; Preparation of Vehicle for Transport; and Post-transport Conditions. Customer warrants that each Shipment is properly classified and completely described on the Bill of Lading or other relevant shipping documentation furnished by Customer, and that each Shipment is, except as otherwise noted on the Bill of Lading, in good order and condition. The customer also warrants its compliance with all applicable laws, rules, and regulations, including, but not limited to, customs laws, import and export laws, and Hazardous Materials laws. The customer shall furnish such information and attach to the Bill of Lading such documents as are necessary to comply with all laws, rules, and regulations. The customer further agrees to the following:
a. Preparation of Vehicle for Transport: The customer must prepare the Vehicle for transport and remove all loose parts and fragile accessories, including, without limitation, low-hanging spoilers. Customer shall defend, indemnify, and hold Speedline Logistics Inc. (Speedline) and the Carrier harmless from any claims, damages, or loss arising out of any part of the Vehicle coming loose or falling off during transport of the vehicle, including, without limitation, claims for damage to other property or personal injury (including death) to any person.
b. Removal of Racks: The customer must remove all nonpermanent, outside mounted luggage and other racks from the Vehicle prior to transportation.
c. Vehicles Must be in Operable Condition: Vehicles must be tendered to the Carrier in good running condition (unless otherwise noted) with no more than a half tank of fuel and no less than ¼ tank of fuel.
d. Alarm Systems Disarmed: Customers must disarm any alarm system installed in the Vehicle or provide valid instructions with regard to disarming the alarm prior to the transportation of the vehicle. If an alarm sounds, and there is no key or instructions to turn it off, the Carrier may silence the alarm by any means, and the Customer agrees that neither Speedline nor the Carrier will be liable for any damage to the vehicle in such an instance.
e. Motor Carrier/ Speedline Not Liable for Personal Property: The customer must remove all luggage and personal property from the Vehicle prior to transportation unless the Customer has disclosed the contents of the personal property to Speedline prior to transportation of the Vehicle, and Speedline agrees to such items being left in the Vehicle. The customer agrees that neither Speedline nor the Motor Carrier is liable for any personal property left in the Vehicle in violation of this condition. Any personal property left in the Vehicle not disclosed and agreed to by Speedline is at the Customer’s own risk, and the Customer agrees to defend, indemnify, and hold Speedline and the Motor Carrier harmless from any claims related to any personal property left in the Vehicle in violation of this condition. Motor Carrier will not take an inventory of personal items. The Customer further acknowledges and understands that the Carrier’s cargo insurance may not cover any personal items left in the Vehicle.
f. Oversized; Inoperable Vehicles: Customers will be assessed additional charges for oversized Vehicles (including, without limitation, limousines, lifted vehicles, and dual or oversized wheels). If the Vehicle is oversized, the Customer is responsible for inquiring about the additional charges. If Speedline is not advised that the Vehicle is inoperable or oversized prior to pick-up, additional charges must be paid in cash or money order to the Carrier prior to transportation.
g. Pre-trip Inspection: The Carrier and Customer will, prior to transportation, inspect the Vehicle for pre-existing damage to the exterior by completing a vehicle inspection report recorded on the Bill of Lading. The Carrier and Customer will execute the vehicle inspection report to acknowledge the pre-transportation condition of the Vehicle. The customer will receive a copy of the signed Bill of Lading and vehicle inspection report. The Carrier’s responsibility for the Vehicle begins after the pre-trip inspection is completed and signed.
h. Delivery: Customer, or an agent of Customer designated by Customer prior to transportation, must be present at delivery. After transportation of the Vehicle, the Carrier and the Customer will inspect the Vehicle for any damage that occurred during transport. The Carrier and Customer will sign a final copy of the Bill of Lading acknowledging the condition of the Vehicle at delivery. If the Bill of Lading is signed without notation of any damage, the Customer is affirming that he/she received the Vehicle in good condition. The Carrier’s responsibility for the Vehicle ends when the Customer signs the final bill of lading.
i. Toll Charges: Neither Speedline nor the Carrier is responsible for any toll charges or fees incurred by the Customer or another party for Vehicles transported by the Carrier. It is the Customer’s responsibility to turn off and/or remove any toll transponders from the Vehicle prior to transportation thereof. The customer agrees to release and hold Speedline and the Carrier harmless from any toll charges incurred during the transportation of the Vehicle.
5.Independent Contractors: It is understood between Speedline Logistics Inc. (Speedline) and CUSTOMER that Speedline 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 Speedline or its operations, employees, or carriers. Speedline does not exercise or retain any control or supervision over the Carrier or over the Carrier’s operations or employees. Speedline does not exercise or retain any control or supervision over CUSTOMER or over the CUSTOMER’s operations or employees.
6. Waiver: Failure of either party to insist upon performance of any of these Terms and Conditions, or to exercise any right or privilege herein, or the waiver of any breach of any of these terms and conditions, shall not be construed as thereafter waiving any such terms, conditions, provisions, rights, or privileges, but the same shall continue and remain in full force and effect as if no forbearance or waiver had occurred.
7. Back Solicitation: CUSTOMER shall not solicit the services of Speedline’s motor or other freight carriers where the CUSTOMER’s use of such carrier first occurred through the Speedline’s efforts. If the CUSTOMER breaches this provision, Speedline shall be entitled, as reasonable damages and not as a penalty, to a commission of fifteen percent of the gross revenue from traffic assigned by CUSTOMER to such carrier for a period of fifteen months. CUSTOMER also agrees that the breach of this provision entitles Speedline to obtain an injunction against CUSTOMER in a court of competent jurisdiction, at Speedline’s option.