Terms and Conditions

ABOUT QUOTATION.This estimate includes line haul, fuel surcharge, and other applicable charges as noted, and if required, permits, escorts and other fees required associated with the transport of heavy and specialized loads. Estimate does not include any delay or detention fees that may occur before or during transport, loading or unloading process. The estimate is based on the sizes and weights provided. Any variances in either weights and/or dimensions from what was originally quoted may cause this estimate to change. Consignor, Shipper, Consignee, Receiver, Owner (the responsible party for freight payment) shall be required to pay for any original permits ordered or any other charges and all revisions as the result of the dimension and/or weight change. Unless otherwise noted this estimate is valid for Fifteen (15) days from the date of the estimate. On multi-axle heavy haul loads this estimate is based upon Shipper (at loading point) providing at its own expense equipment for the un-decking and assembly of the multi-axle heavy haul equipment, if required. At the unloading point this estimate is based on Receiver of freight providing at its own expense, equipment necessary for the disassembling and restacking the multi-axle trailer unit if required. If utilities or Police escorts are involved in the estimated move, they are not included in the price quoted. Utilities and Police escorts will be billed at actual costs plus 15%.
Freight payment is required within thirty (30) days of Carrier’s billing date, unless a different time period is agreed to prior to shipment. If a different payment period is set by Carrier, it shall continue on all shipments until changed in writing. A one- and one-half percent (1.5%) minimum ten dollars ($10.00) per month late fee will be assessed on each freight bill not paid within thirty (30) days of Carrier’s billing date. Payment must be made in U.S. dollars. Payment by credit card (Discover, MasterCard, or Visa) will incur associated convenience fees. (varies by provider)
PAYMENT RESPONSIBILITY.If the party signing this agreement is not the bill to party, their signature on this agreement acknowledges they are acting in good faith for the bill to party, and therefore assume liability for the transportation charges in the event of non-payment by the bill to party. No Bill of Lading, Delivery Receipt, or other document marked “prepaid” or with Section 7 executed on the Bill of Lading shall limit Carrier’s right to pursue collection of freight charges from either the consignor or consignee.
PERMITS/PERMITS ORDERING PROCESS AND CHANGES.The truck may not be loaded until all permits have been issued to the Carrier depending on scope of load. Due to the volatility of city, county, or state permit mandates, revised permit restrictions, township or municipalities own permit requirements and at the time of quotation this information was not available or unknown to the Carrier, this quote must be considered an estimate only. This includes additional police or DOT escorts if required. Shipment is subject to change if transport occurs during frost law mandates and may cause the change in equipment, and additional cost as the result thereof. Depending on the size, weight or individual state, city or county mandates or their individual workload, approval on heavy, specialized shipments or oversize permits may, in some instances, take between two (2) to four (4) weeks or occasionally longer. Therefore, it is necessary for the Shipper to give the Carrier sufficient advance notice for the permit approval process and for the scheduling of such shipments. Shipper, Consignor, Receiver, Consignee or Owner may be required to provide permit support letters. Carrier will assist if needed.
BILL OF LADING/GOVERNING RULES AND REGULATIONS.Unless otherwise stated herein, the shipment(s) are governed by the Uniform Straight Bill of Lading. The signature by the Carrier’s representative on any other bill of lading other than the Uniform Straight Bill of Lading, acknowledges only the Carrier’s acceptance of the freight and not its terms and conditions. Any terms within the Uniform Straight Bill of Lading found to be in conflict with any terms of this agreement, terms provided herein take precedence over any terms within the Uniform Straight Bill of Lading.
Cargo Liability on this shipment(s) is released to a value of the lesser of $2.50 per pound or $250,000, unless Carrier is notified in writing prior to pick-up of a higher declared level of Carrier liability and requests and receives a quote for the higher level of Carrier liability and the corresponding additional freight charges in writing prior to shipment. The higher level of Carrier liability and the corresponding additional freight charge must be stated on the Bill of Lading, otherwise the Carrier’s liability will not exceed the lesser value of $2.50 per pound or $250,000. A declared value shipment is subject to excess value charges. Used machinery is limited to damage caused by impact or collision only and is further limited to $.10 per pound or $10,000 whichever is less. In the event of damage to cargo, claimants’ recovery shall be limited to the sums set forth in this paragraph, or the higher level of Carrier liability agreed to in writing prior to shipment, and shall be calculated based on manufactured replacement cost of the cargo in like, kind, condition, and quality and shall in no instance include, incidental, consequential, punitive, or special damages. Carrier shall be entitled to receive payment of its freight charges on the damaged shipment within it terms set herein. The damage cap set forth herein are for all available damages. In no event shall the claimant be entitled to damages of any kind in excess of the limits set forth herein or as agreed in writing prior to shipment exchange for higher freight charge. Carrier not responsible for any rust damage caused by temperature induced condensation.
CONDITIONS OF TRANSPORT
1. Two (2) hours free time for loading and unloading. After expiration of free time, any additional time spent for loading or unloading subject to detention charges
2. Carrier not liable for any special, punitive, incidental or consequential damages, including loss of profit, sales or income or production downtime.
3. Customer shall not deduct or offset a cargo claim or other alleged claim or debt from the freight charges owed Carrier.
4. Used Machinery must be cleaned and free of production grease and oil to protect Carrier’s tarps from oil or grease contamination. All metal protrusions must be padded by Shipper to protect Carrier’s tarps from tearing. All tanks, reservoirs must be cleaned and purged of oil, contaminants, or water by Shipper before loading.
5. Shipper and Receiver are responsible for providing at origin and destination a clear accessible lane for the maneuvering of Carrier’s equipment as well as a place to park the truck/trailer for, as the case may be for loading or offloading. In the event parking is not available at the job site, as suitable staging area must be provided at the loading site or unloading site until the loading/offloading can occur. If necessary, the shipper or receiver will be responsible for arranging a staging area if requested by the Carrier. Additionally, if any security, additional permits, police or private escorts are required or delay or detention charges occur it will be the responsibility of the Shipper/Receiver to assume such additional charges to be paid to the Carrier.
6. Unless other arrangements are made the Shipper/Consignor are responsible for loading the cargo on the carrier’s trailer; Receiver/Consignee are responsible for unloading the cargo from the carrier’s trailer.
7. Unless other arrangements are made Shipper responsible for providing the blocking and bracing for each shipment.
8. Carrier not responsible for the unpacking, removal, or disposal of any crating, blocking, bracing or any other packaging material.
9. Estimate does not include if applicable pier service fees. If Carrier must advance these charges, the Shipper/Consignor, Receiver/Consignee or Owner who may responsible for all charges and will be invoiced by the Carrier for advancing such fees.
10. Shipments to or from Mexico: The Carrier’s General, Auto and Cargo is limited to only the U.S. portion of the transportation. For insurance coverage in Mexico please reach out to your insurance carrier. NOTE: It is agreed, that at the time the U.S. Carrier delivers the load to the freight forwarder, and/or makes interline transfer to the Mexican Carrier at any U.S./Mexico interchange point, Shipper agrees to look solely to the forwarder or Mexican interchange carrier, without recourse to the U.S. Carrier.
11. This agreement and its terms and conditions shall be construed under and governed by the laws of the State of Michigan. The parties agree that jurisdiction and venue for any legal proceedings arising from or in any way connected to this agreement will lie in the United States District Court, Eastern District of Michigan or Macomb County, Michigan and both parties hereby submit and consent to the jurisdiction and venue of such courts. In the event of any litigation arising from breach of this agreement, or the services provided under this agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including court costs, attorney fees and all other related expenses incurred in such litigation.
12. Carrier may require the use of a substitute carrier. In such occurrences, Shipper, Consignor or Owner agree to waive the requirement that Carrier notify in writing under TITLE 49 USC 13901 the shipment(s) are to be moved by a substitute carrier.
13. Shipper/Consignor is responsible for fastening all loose equipment attached to machinery or bases. In addition, Shipper/Consignor must notify Carrier of all loose equipment that cannot be fastened to machinery or bases before each move. If Shipper/Consignor fails to either fasten or provide notice of fastening to Carrier, Carrier shall be absolved from any liability for any damage to the freight which is in possession of Carrier.