Terms & Conditions for Auto Transport
1. HJM Shipping agrees to have vehicle(s) described on quotation shipped on or about the dates requested. HJM Shipping will find a licensed Carrier (agent) to fulfill the terms and conditions of this agreement. HJM Shipping does not guarantee a specific pickup or delivery date.
2. This order is subject to all terms and conditions of the Carrier’s bills of lading, copies of which are available at the office of Carrier and are incorporated herein.
3. Carrier’s responsibility begins when the shipper or his agent signs the bill of lading at pickup, and terminates when the shipper or his agent signs the bill of lading at delivery. HJM Shipping must be notified, should the shipper be unavailable for pickup or delivery, and his agent must be designated at that time. If a carrier is sent out and vehicle cannot be picked up there will be an additional $100.00 rescheduling fee.
4. HJM Shipping hereby notifies shipper that their vehicle will be driven on and off the transporter, or to and from the transporter at the pickup or delivery site. Should the carrier be unable to access either site, this does not relieve the consignee from making a reasonable effort to meet the truck at a suitable location. In order to fully deliver your vehicle you must be willing to travel up to 5 miles from the designated pickup or delivery point if necessary.
5. All vehicles to be delivered with a balance due shall be paid by CASH or CASHIERS CHECK ONLY (US funds). Should delivery be attempted after attempted notification (3 to 24 hours voice notification to phone numbers provided by shipper) and shipper or his agent does not have proper funds or is unavailable to receive delivery, vehicle(s) will be taken to and left at the nearest terminal at the discretion of the carrier, where shipper will have to retrieve and pay for storage or redelivery fees.
6. HJM Shipping does not guarantee transport by any specific driver/carrier.
7. If you are shipping an inoperable vehicle, you may be required to help load and unload said vehicle at the discretion of the driver. Should vehicle(s) become inoperable during transport, $150.00 will be due at time of delivery in addition to any other moneys owed. It is shipper’s responsibility to make sure vehicle is in proper working order. Problems, such as but not limited to, a dead battery, bad alternator, loose cables, etc that makes the vehicle inoperable during transport will increase the transport price by $150.00.
8. HJM Shipping or its agents will not knowingly transport vehicles with personal or household items in the passenger or trunk compartment. Federal regulation prohibits HJM Shipping or its agents from doing so. If such items are shipped unbeknown to HJM Shipping or its agents, such items become the sole responsibility of the shipper. Should damage occur in your car you will be subject to additional fees at the discretion of the transporting company. This is Federal Law and under no control of HJM Shipping.
9. HJM Shipping or its agents will not be responsible for vandalism, acts of God (fire, flooding, hail, sand storm, tornadoes, earthquakes) or objects flying from the road or sky during transport. Shippers should maintain their own insurance for these reasons. Enclosed transport is available at a higher price if necessary to ensure the condition of the vehicle.
10. Shipper is responsible for preparing the vehicle(s) for transport, all loose parts fragile or protruding accessories, low hanging spoilers, fog lights, antennas, etc., must be removed and/or properly secured. Any part that falls off in transit is shipper’s responsibility, including damages done by said part to any and all vehicles involved.
11. If damage should occur, all moneys owed for transport must be paid to initiate a claim. Damage must be noted in the proper place on the bill of lading, and signed by driver and shipper, regardless of weather, or time of day. Signing the bill of lading without any notation of damage verifies that shipper or his agent has received the said vehicle in good condition, and that HJM Shipping and its agents are relieved of any further responsibility. Shipper or his agent MUST check vehicle thoroughly.
12. HJM Shipping and its agents must also be notified of any damage by phone within 24 hours. Shipper must submit in writing a description of damage, clear pictures, and 2 estimates within 10 days of receipt of said vehicle directly to the designated carrier for any resolution to be initiated. HJM Shipping will support you in this effort should such a problem occur, but in no way will HJM Shipping accept responsibility for any negligence of the assigned carrier. If your vehicle is valued at a higher than market rate, we suggest you purchase a special insurance rider OR pursue the enclosed transport option.
13. Shipper specifically waives any right to judicature of this matter at any other location. HJM Shipping can only be liable for up to the amount of the deposit located on your quotation. In no case can HJM Shipping be held liable for the designated carrier’s damage. HJM Shipping will provide carriers insurance certificate and carrier information should any controversy arise.
14. If you place an order with us, you have the option to cancel any time prior to your vehicle being assigned to a transporter. If your vehicle is booked on a transporter before you fax or email your cancellation, you will be charged a $75 fee, which is paid to the trucker. It is HJM Shipping's goal to only get paid if we perform the service of Auto Transport Broker. If a Carrier is assigned to your order and then you cancel your order, for any reason, a $75 fee must be paid to the Carrier for gas, logistics and lost fees.
15. HJM Shipping is a licensed and bonded Property Broker. WE are responsible for booking the shipment of cars with a licensed and insured Motor Carrier Corporation, who handle their own damage claims. It may take a few weeks to process your claim, since the drivers must return to their terminals with the original Bill of Lading condition reports. HJM Shipping does not transport your vehicle or ensure it's transport. HJM Shipping provides the services of finding a licensed (by the Dept. of Transportation) & insured (we personally call the insurance company of the Carrier prior to dispatching the order) Auto Transport Carrier and logistically bringing the Carrier and the Customer together.
16. HJM Shipping will not be responsible for demurrage at any Port Facilities.
17. By submitting your order online, HJM Shipping understands you are placing your order and accept the terms and conditions (in lieu of your signature) found here and on HJM Shipping's web site. By sending a faxed check to HJM Shipping OR by giving your Credit Card information to Paypal OR one of our representatives to book your order with us, you are agreeing to all of these Terms & Conditions.
18. Customers must make their vehicle available during the transport time, if the vehicle becomes unavailable at any time after the order has been place and a carrier has been assigned, HJM Shipping holds right to cancel the order.
Neither HJM Shipping nor its agents shall be responsible for the following:
- Damage to undercarriage, exhaust system, suspension, wheel bearings, tie downs, brakes, alignment, tuning, charging system or battery. (No evaluation is made of these components or systems at pickup location) therefore HJM Shipping or its agents do not accept responsibility for them.
- Damage not detected at pickup location due to poor weather or lighting conditions.
- Damage to car phones or antenna under any condition (suggests that they may be removed)
- Loss of or damage to audio or video equipment not installed at the factory. Including antenna that does not retract to within 3 inches of the vehicles body.
- Damage or fines incurred because shipper left personal or household items in vehicle.
- Damage caused by fluids or objects flying up from the roadway, or out of the sky.
- Damage to cloth or vinyl convertible or decorative tops over 2 years old.
- Damage to T-tops, boots, bras, caps, or any other type of canvas covering.
- Damage caused by leaking fluids, such as battery acid, motor oil, transmission fluid, brake fluid, power steering fluid, radiator coolant, or fallout resulting from acts of god.
- Damage caused by freezing of cooling system and/or battery.
- Damage caused by failure of factory tie-downs or pull through from tie-down holes.
- Damage to, or caused by any vehicle that cannot be driven on or off the transport under its own power. (Vehicle will not run, or has lost its braking system).
Terms & Conditions for Heavy Haul Transport
The term “Carrier” shall mean the motor carrier ultimately transporting Shipper’s freight hereunder.
The term “Shipper” shall mean the company sending the goods or freight. Shipper is the party who consigns the freight for transportation hereunder. For purposes of defining the obligations, limitations and restrictions hereunder, such definition shall include Shipper’s agents, forwarders, brokers and other representatives. It is the responsibility of all such parties to provide notice and copies of those terms and conditions to each other.
The term “consignee” shall mean the person or party to whom the freight is to be delivered hereunder. The term “Included Released Value” shall have the meaning given in Section 3.1 below.
The term “Hotpack” referenced in these terms and conditions refers to Head of the Pack Transport, LLC, as applicable to the particular shipment and authority under which services are being performed. When cargo is transported by an affiliated motor carrier, broker services are provided by Hotpack.
Shipper and its agents consent to the use of Hotpack’s affiliated brokerage entity to broker loads that Hotpack do not perform using their own equipment. Shipper and its agents expressly agree that they will not attempt to hold Hotpack liable in the capacity of motor carrier. Shipper and its agents further agree they will not attempt to hold Hotpack liable in the capacity of a broker, nor to attempt to make any claim against Hotpack in connection with transportation services performed by any other motor carrier. The Carrier actually transporting the freight at issue shall be the sole party responsible in the capacity of motor carrier.
I. PRICING TERMS
1.1 General. Quotes are based on information provided by the customer. Price is based on one driver per truck and dock-to-dock delivery. Unless otherwise specified, price includes 90 minutes of free time on each end for loading/unloading for tractor service, and 45 minutes of free time on each end for loading/unloading LTL (straight truck) service. Detention is calculated in ¼ hour increments. Detention rate depends on the tractor/trailer combination used. Unless indicated above, the price excludes charges for detention time, per diem and additional stops. The quoted rate depends on the value, weight and dimensions of the property described. Any changes to the actual dimensions, description or weight of the load will result in revisions to the quoted price. For oversize/overweight loads, the price includes all required permits and escorts as required based solely on the description provided at the time of issuing the quote.
1.2 Dunnage, Stripping and Packing. Rates do not include the cost of any Shipper mandated materials for temporary blocking, bracing, stripping, saddles, dunnage, or supports, including pipe racks and stakes, required to protect the freight and make it secure for transportation.
1.3 Tarps or Covers. Rates do not include tarps or other covers. When carrier is required by law, or when required by Shipper or Consignee, to cover a load with tarps or other types of covering, additional charges will be assessed.
1.4 Stop-Offs. Stop-off charges may be assessed when Carrier is required to pickup from multiple origins or deliver to multiple destination locations.
1.5 Attempted Pickup. When Carrier is requested to dispatch a vehicle to a point designated by the Shipper, and such vehicle is furnished but not used due to no fault of the Carrier, an attempted pickup charge and fuel charge will be assessed. This charge may vary depending on the type and size of truck and the dead head distance driven by the truck to pickup the load.
1.6 Attempted Delivery. If, through no fault of the Carrier, a shipment is rejected wholly or in part by Consignee, Shipper shall be responsible for all freight charges as though the shipment has been accepted by Consignee. In addition, the rejected shipment will be returned to the point of origin or other location designated by Shipper. The return of the rejected shipment shall be treated as a new shipment, and Shipper shall be responsible for all freight charges. If Shipper subsequently requests Carrier to re-deliver the shipment, the re-delivery shall also be treated as a new shipment and rated accordingly.
1.7 Weighing. Carrier reserves the right to weigh any shipment for the purpose of verifying weight for revenue billing and for conformance with federal, state, or municipal laws regarding maximum weight. When a vehicle is weighed, either empty or loaded, at the request of the Shipper or Consignee, a weigh charge will be assessed for each time the vehicle is weighed.
II. OUT OF GAUGE, HAZMAT AND OTHER SPECIAL LOADS
2.1 Laws. Laws and regulations are subject to change and may affect quote. All permit costs along with time to obtain permits could change and if so will be communicated at time of order. There is no guarantee as to how long it may take for a permit authority to issue a permit, and Carrier is not responsible for any costs associated with delays in transit due to permit office delays or any other governmental intervention.
2.2 Distance Computation. When shipments move under special permits required by and obtained from a state, municipal, or other governmental agency that specifies the route to be traveled by the Carrier, the mileage to be used for rate calculations shall be the mileage traveled via the route specified in the permits. A change in dimensions may change the route and rate.
2.3 Hazardous Materials Provision. Shipper accepts all U.S. Department of Transportation requirements governing hazardous materials. Among other requirements, the Shipper must provide a legible bill of lading with proper Hazmat information, including the Shipper’s certificate containing all required information such as emergency response number and hazardous material information, and affix any required placards before or at the time that the shipment is tendered. Failure to comply with these requirements will relieve Carrier of any and all liability for loss or damage directly or indirectly caused to or by the hazardous materials. Any mis-declared hazardous materials may be warehoused at the Shipper’s risk and expense, or destroyed without compensation. Unless otherwise specified, quotes do not cover hazardous material or cargo containing hazardous material as defined by the U.S. DOT.
2.4 Overweight Liability. Carrier will not knowingly violate weight restrictions under federal, state or municipal laws. Advance written notification by Shipper of overweight shipments is required. Carrier will take whatever actions are necessary to bring equipment into compliance. Any fines or expenses resulting from overweight shipments, in addition to any permit fees, will be included in the invoice and charges to be paid for the shipment.
2.5 Direct Discharge. Loads transferred directly to/from ships, barges, or other marine vessels shall be subject to additional charges.
2.6 Utility Assistance. Unless specifically indicated otherwise, costs for utility assistance such as telephone, cable, power, and DOT/Municipal Signal Stops are not included. If required, these services will be invoiced as additional to this quote, at cost plus an administrative fee.
III. LIMITATIONS OF LIABILITY
3.1 Cargo Value. Because quoted rates depend on the value of the property transported, Shippers may be required to state, in writing, the value of their property. All rates automatically include cargo coverage up to $100,000 per shipment (“Included Released Value”): provided that loads brokered by Hotpack shall be the responsibility of the Carrier, and Shipper agrees to look solely to that Carrier and its insurance for any claim. Hotpack’s liability shall be limited to $2.50 per pound, up to a maximum of $75,000, and solely in the capacity of a broker and not a Carrier.
If a Shipper seeks greater coverage than previously described, the Shipper must declare the value to Carrier in writing prior to shipping the cargo. Carrier’s liability for cargo loss or damage will not exceed Included Released Value unless Shipper requests an increase in legal liability by (a) submitting a written request for a higher Released Value, (b) paying the additional rate for the difference between the desired Released Value and the Included Released Value, and (c) obtaining a specially assigned identification number is advance in writing. All monetary liability for transportation services will be limited to the amount of cargo insurance provided, unless a greater value is noted and accepted, in which case additional cargo insurance costs will be assessed. Carrier is not responsible for hidden or concealed damage. Carrier is not responsible for incidental or consequential damages. All cargo liability insurance for performed by third party trucking companies on behalf of Hotpack shall be subject to the amounts, terms, conditions and limitations of such third party trucking company’s insurance policy. Any higher cargo insurance amounts shown on insurance certificates from time to time provided shall not amend or conflict with the liability limitations herein.
3.2 Inadvertence Clause. If a Shipper declares a value exceeding Included Released Value per truckload or the actual value of the cargo, whichever is less, without insertion of the corresponding specially assigned identification number, the shipment will not be accepted, but if the shipment is inadvertently accepted, it will be considered as being released to a value of Included Released Value per truckload or the actual value of the cargo, whichever is less, and the shipment will move subject to such limitation of liability.
3.3 Commodity Limitations. Carrier does not hold out to transport jewelry, manufactured tobacco products, ammunition, art objects, currency, documents, items of unusual value or rare metals. Unless otherwise indicated herein or agreed to by contract in writing, Carrier does not hold out to provide temperature-controlled service.
3.4 Limitation of Carrier Liability. Notwithstanding the fact that an estimated delivery date may be provided, transportation services are not required to be performed by a particular schedule or in time for a particular market, but the responsibility for providing transportation services on a shipment is solely with reasonable dispatch, as that term is defined at common law. It is agreed that Carrier and Hotpack (for a brokered load) shall not be responsible for special or consequential damages resulting from delayed delivery.
4.1 Force Majeure; Conflict. Carrier and Hotpack (for a brokered load) shall not be liable for failure to perform any obligation resulting from circumstances beyond its control, including but not limited to any force majeure, act of God, riot, war, terrorist act, civil disturbance, fire, explosion, flood, strike, lock-out, or labor disturbance. In the event of any discrepancy or conflict between the terms and conditions stated herein and those of any customer or Shipper, the terms and conditions herein shall control, unless changes have been made by obtaining prior written approval in advance by an officer of Hotpack.
4.2 Freight Broker. Hotpack reserves the right to assign the Shipper’s load to another carrier. Shipper’s insertion of Carrier’s name as the carrier on a bill of lading or other document shall be for the Shipper’s convenience only and shall not affect the status of the actual motor carrier transporting the property (motor carrier) or entity arranging for the transportation (broker).
4.3 Advancing Charges. Hotpack may advance for collection from Shipper, owner or Consignee, lawful charges of connecting air, rail, water, or motor carrier; storage and other lawful charges on property stored in public warehouses or other storage; dock, pier, wharf or stevedore fees and charges, advance charges for rigging, crane service and in bond or customer house charges; and other lawful charges that may be associated with the transportation of the freight. Such charges will be paid by Hotpack and billed to the Shipper or Consignee at actual cost plus administrative fees determined by Hotpack.
4.4 Shipper Load and Count. All shipments shall be loaded by the Shipper and unloaded by the Consignee. Carrier’s drivers are instructed to sign bills of lading as Shipper load and count or “SLC”. Inadvertent omission of this notation shall not result in a presumption of Carrier liability for shortage or damage (in the absence of upset or accident) where the driver was either not present or not allowed to observe the loading and unloading.
4.5 Invoices. As a convenience to Shipper, all Hotpack invoices are processed by Hotpack. Hotpack administrative support in issuing invoices shall not alter Hotpack’s role in connection with a particular shipment, as the act of invoicing is a purely administrative function performed independent of transportation services. In the event of a loss, Shipper’s claim and any remedies shall be directed to, and the sole responsibility of the Carrier performing transportation services for the particular shipment at issue, to the extent of any claim for loss, damage or delay. Delivery receipts and proofs of delivery will be provided upon specific request in accordance with the provisions of these terms and conditions.
4.6 Collection and Payment Charges. A reasonable deposit (10-20%) will be required via credit card once a scheduled pickup date has been set up. The balance of the contracted price will be due on delivery in a cashier’s check or wired funds directly to the Carrier. In the event that freight bills are not paid by either Shipper or Consignee, payment for such charges may be sought from either party.
4.7 Payment Without Offset. Shipper and/or Consignee shall pay all freight charges when due without offset for any cause, including but not limited to cargo claims. All claims for loss or damage shall be governed by these terms and conditions and neither Shipper nor Consignee shall deprive Hotpack of proper cargo insurance adjustment by unilateral deduction of claims from payment of freight charges due on delivery. In the event that Shipper or its agents “short pay” freight charges or deduct charges from freight bills without Hotpack’s authorization to do so I writing, prior to the deduction, Shipper and its agents waive their right to any contested cargo claim that is set-off against freight charges.
4.8 Interest and Fees on Past Due Accounts. Hotpack will assess one and one-half percent (1 ½%) interest per month beginning on the 30th day after payment is due. In no event does Hotpack seek greater interest than allowed by applicable law, as it is the intent of Hotpack to comply with the maximum rate of interest laws. In the event Hotpack deems it necessary to retain the services of legal counsel to collect any outstanding indebtedness, Shipper shall pay attorney’s fees, collection service fees and court filing fees in the amount of $500 or thirty-five percent (35%), whichever is greater.
4.9 Lien for Freight Charges. Carrier shall have a possessory lien on shipments in its dominion and control for the payment of freight charges past and present.
4.10 Venue and Jurisdiction. This agreement shall be construed to have been entered in Los Angeles County, California, and performable in Los Angeles County, California. Hotpack is based out of California, from where it communicates, performs services and invoices are sent. All payments are to be made in California and all parties consent to the jurisdiction of California and to venue in Los Angeles County, California. It is expressly acknowledged and agreed that any suit arising from the payment or collection of freight charges shall be filed in the appropriate state or federal court in Los Angeles, California.
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