DRIVEAWAY QUOTES LLC
BROKER-SHIPPER AGREEMENT
TERMS & CONDITIONS
(1) DEFINTIONS: “Broker” refers to DriveAway Quotes LLC, licensed as a freight broker by the Federal Motor Carrier Safety Administration (FMCSA) in Docket Number MC: 1313249, and as a licensed broker, arranges for freight transportation by utilizing carriers; “Shipper” refers to the person for whom the freight brokering services are being performed, or any agent Shipper has authorized to act on behalf of Shipper. “Vehicle” refers to the freight being brokered for the Shipper. “Bill of Lading” refers to any bills of lading provided by any third-party carrier or port facility involved in the movement of Vehicle. “Carrier” refers to the actual transport carriers physically moving the Vehicle and performing the transportation, including both movement by land and sea. “Driver” refers to the operator of any third-party carrier trucks or boats. “Booking Confirmation” refers to the DriveAway Quotes LLC document provided to Shipper confirming the fee for arranging transportation services, shipment ready date, service type, shipment origin and destination, vehicle details, and optional purchase of any additional coverage. “Terms and Conditions” refers to the DriveAway Quotes LLC document containing detailed terms and conditions regarding shipment information, Shipper acknowledgements and agreements, and Shipper’s signature. “Shipment Requirements” refers to the document following the Terms & Conditions containing requirements and reminders to Shipper. “Agreement” refers to the complete agreement between Shipper and Broker and encompasses “Booking Confirmation,” “Terms & Conditions,” and “Shipment Requirements.”
(2) Broker’s Services: The Broker shall make reasonable efforts to place the Shipper’s vehicle transportation needs, hereinafter referred to as the “load” or “loads”, with responsible carriers for the purposes of transporting the Shipper’s vehicles with reasonable dispatch according to the Shipper’s specifications and directions.
(3) Tender of Shipments: When the services of the Broker are requested, the Shipper shall tender information on each load to be transported to the Broker providing descriptive specifications as to each such vehicle, the location of where the load is to be retrieved and the destination location for the load, together with such other information which is necessary for the Broker to procure pricing from possible carriers for the safe and expeditious handling of the load. The Shipper agrees to provide such information for each such vehicle in the load as the Broker may reasonably require in order to provide its services. The Shipper further agrees to fully comply with all applicable federal and state regulations which preclude or strictly regulate the shipment of any goods or equipment which do or could pose a danger to any carrier or the public.
(4) Procurement of Carrier: Upon receipt of the proper tender of a load from the Shipper to include all necessary information which must be provided to any prospective carrier, the Broker shall offer the transport of the load to such responsible carriers whose pricing is available to the Broker and who represent the ability and desire to provide transportation for a load of the type tendered by the Shipper. When and as such pricing becomes available, Broker will provide the identity for each of the various carriers available and agreeable to provide transportation for the Shipper’s load, the pricing quote from each, together with such other pertinent information on each carrier as is known to the Broker. If upon receipt of the information from the Broker concerning the carriers available for the transport of the Shipper’s load and the pricing quotes, the Shipper desires to then proceed with the shipment of the load, the Shipper shall designate to the Broker the carrier to be utilized for such transport and the Shipper’s agreement to pay to the Broker the pricing quote for such transport.
(5) Payment of Transport Fees: Upon designation from the Shipper to the Broker as to the selection of the carrier to be utilized for such transport, the Shipper will provide the Broker with the credit card information necessary to authorize payment of the shipping fee deposit. Shippers credit card will be charged the deposit amount of no more than 25% of the total cost of the shipment upon the Carrier’s acceptance of the load. The remaining balance and any unanticipated but necessary expenses incurred to complete such shipment will be paid to the Driver upon delivery of the load to the ultimate designation. The Shipper will pay the remainder of all shipping fees and for any actual out-of-pocket expenses with proper receipt provided, reasonably and necessarily incurred to accomplish the shipment of the load of the actual out-of-pocket expenses.
(6) Applicable Law - Consent to Venue: It is agreed by the Shipper and the Broker that this Agreement is entered into in the State of Georgia, that the Shipper is doing business in the State of Georgia, and the Agreement shall be construed and enforced under the applicable Georgia law. Further, the Shipper and the Broker further specifically agree that any controversy related to this Agreement, or the services provided or to be provided by the Broker, or for any fees or costs due the Broker by the Shipper for its services, can only be brought, litigated, and resolved in the Superior Court of Pike County, Georgia, and by the execution hereof, the parties hereto approve, consent and agree to the exclusive jurisdiction of the Superior Court of Pike County, Georgia, for all such purposes. Either party claiming a breach of the obligations of the other must bring a civil action to recover damages or amounts claimed under this Agreement within two (2) years from the date of shipment involved. Any matters not filed within the above limitations period shall be barred.
(7) Compliance with Applicable Laws and Regulations: Each of the parties hereto do covenant and warrant to the other that they are and shall be in compliance with all of the applicable federal and state laws and regulations that govern their respective obligations for the shipment of vehicles of the type and kind that are and will be the subject matter of any load or loads involved in and with the dealings and agreements of the parties.
(8) Broker’s Responsibilities: The Broker represents and warrants to the Shipper:
(a) Compliance: That it is duly and legally qualified to operate as a Broker and to arrange the transportation services contemplated herein and will comply with applicable laws regarding the provision of such Brokerage services. However, it is specifically understood and agreed by the Shipper that the Broker functions only as an independent entity, and not as a carrier or as the agent or representative of any carrier, in selling, negotiating, providing and arranging for transportation of a load or loads for compensation.
(b) Refused Goods. Broker shall notify Shipper of any refused delivery of any tendered load at the Shipper’s and/or third-party locations and request additional instructions regarding delivery or storage of the tendered load. Such notice by Broker shall be provided as soon as reasonably practical.
(c) Delay - Accidents. Broker shall notify Shipper if the Broker becomes aware of any accidents, spills, theft, hijacking or other events which impair the safe and prompt delivery of the Shipper’s load or loads.
(d) Delivery Receipt. Broker shall obtain an acknowledgment of delivery for all shipments by notation on the bill of lading. At the request of Shipper, Broker agrees to provide copies of same to Shipper in sufficient detail to substantiate billing for the services provided.
(e) Carrier Insurance. Broker shall only broker Shipper’s vehicular transports to those Carriers that maintain policies of insurance as follows:
- General Liability/Property Damage: $1,000,000
- Cargo Liability Coverage:
1 Car Hauler: $50,000
2‐3 Car Hauler: $100,000
4‐5 Car Hauler: $150,000
6‐8 Car Hauler: $250,000
9‐10 Car Hauler: $250,000
- Any other insurance required by an appropriate authority.
(f) Broker Insurance. Broker agrees to maintain at its own expense during the term of this Agreement the following insurance coverage amounts:
- General Liability Coverage: $500,000
(9) Broker’s Lien: It is expressly agreed, as a condition of Broker's provision of shipping services to Shipper, that Broker shall have a lien on all of Shipper’s properties in the Broker's possession for the total amount owed to Broker for all transportation charges, storage and charges for related services, including charges related to vehicles previously delivered upon the promise of Shipper to pay such charges. No further notice of this lien shall be provided to Shipper.
(10) VEHICLE OWNERSHIP & CONTROL: Shipper warrants that he/she is the legal owner of the Vehicle, or that he/she has been authorized to enter into this Agreement arranging for transportation of Vehicle. Shipper acknowledges and agrees that the person listed as consignee on Bill of Lading is Shipper’s agent for purposes of approving charges, accepting delivery of the Vehicle, and releasing Carrier from liability. If Vehicle is turned over to Carrier by any person other than Shipper, Shipper acknowledges that all persons signing the Bill of Lading on Shipper’s behalf are Shipper’s agents and fully authorized to deliver possession of the Vehicle on the terms stated herein and on the Bill of Lading. By Shipper’s signature, Carrier is authorized to transport Vehicle from point of origin to point of destination and to operate Vehicle for the purpose of loading and unloading. Insertion of Broker’s name on Bill of Lading is for Shipper convenience only and shall not change Broker’s status as a broker.
(11) VEHICLE CONDITION: Shipper shall remove all non-permanent exterior attachments prior to shipment. Any non-permanent part that falls off during transport is Shipper’s responsibility including damages caused by said part to any persons or property involved. At origin of shipment, Shipper must furnish Carrier with one set of keys to the ignition, doors, trunk and any locked compartments. Vehicle tendered to Carrier must be in a safe condition for purposes of driving. Vehicle must be able to be started in the manner intended by the manufacturer. Vehicle shipped must drive, brake, and steer, and the tires must hold air. If Vehicle fails to meet any of these requirements, Shipper may be subject to additional fees, or Vehicle may be refused for transport by Carrier. In the event Vehicle becomes inoperable during transport, Shipper will be responsible for any additional costs incurred by Carrier or Broker to complete transport.
(12) PERSONAL EFFECTS: Personal property and effects are permitted in Vehicle up to a weight of one hundred (100) pounds. All property must be stored either in the trunk or below window line. Broker and Carrier are NOT responsible for personal effects or property of any kind left in Vehicle. Items in Vehicle must comply with all state and federal laws. Items that do not comply with all state and federal laws are subject to seizure, or if additional fees are incurred by Carrier, said fees will be forwarded to Shipper for payment. If Vehicle contains more than one hundred (100) pounds of additional items, it may be refused for pickup, or may be subject to additional fees upon pickup or delivery.
(13) Cargo Loss, Damage, or Shortage. In the event of a loss, damage or other claim relative to the transport of the Shipper’s load or loads, the Shipper agrees to notify Broker immediately by phone and to subsequently submit to Broker 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 damage within twenty (20) days following the date of delivery. No claims or allowances for damages or delay will be considered unless clearly noted on the delivery receipt or bill of lading signed by the consignee at delivery. Broker agrees to submit and negotiate all such claims with the responsible carrier and to keep Shipper advised of the status of all such claims. Upon request by Shipper, Broker shall assign its rights, if any, against the carrier to Shipper. Nothing herein shall be construed to restrict any right or cause of action Shipper may have against any carrier involved with the transportation of Shipper’s load or loads.
14) CARRIER IS NOT RESPONSIBLE FOR:
Any glass damages. Mechanical or electrical functions and damage caused by failing mechanics, electrical demise, alignment or suspension, exhaust assembly, any exhaust system, muffler, or tail pipes. No exceptions. Under carriage damage, and damage resulting from overloaded or lowered cars. Shipper is responsible for preparing vehicle for shipment. Securing lose parts, mufflers, or tail pipes, spoilers, non-stock kit additions, antennas, and switches. Any part that falls off during transport is Shipper’s responsibility, as are leaking fluids, including damages caused by said parts or fluids to any and all other vehicles involved. It is the Shipper’s responsibility to notify Carrier of any and all fluid leaks.
DAMAGE TO VEHICLE CAUSED BY
a) Vehicle that cannot be driven on or off transport truck under its own power and/or
b) Vehicle having defective or insufficient brake, parking brake, or parking gear.
c) Damage caused by freezing of engines or cooling system or batteries.
d) Any convertible tops that are loose, torn, or show excessive wear.
e) Bras, and/or any type of canvas covering material.
The Carrier WILL NOT be responsible for damage NOT caused by driver.
(15) DAMAGE CLAIMS: Carrier will inspect Vehicle at its origin to note obvious defects. Vehicle must have a clean exterior, to allow for proper inspection. Report of overall condition of Vehicle as shown on the Bill of Lading is not to completely describe every defect. Minor defects resulting from normal use and pre-existing damages are not transport-related damage. No claims will be considered for damage after transport that may have existed prior to transport. Shipper or Consignee shall inspect Vehicle at delivery using the same standards as were used at the origin. All transport-related damage or exceptions must be noted on the Bill of Lading at time of delivery. A claim for damages not documented on Bill of Lading will be denied, as signing the Bill of Lading upon acceptance of delivery without any notation of damage constitutes conclusive evidence that the Shipper or Consignee has received Vehicle in acceptable condition and that all other parties are relieved of liability. Damage claims must be made within five (5) days of delivery and include all pictures of alleged damage. Damage claims made more than five (5) days after delivery, or with incomplete documentation, will be denied. In the event of transport-related damage, estimates from two different repair shops must be provided. If damage is noted or should occur, all charges owed to Broker must be paid prior to initiating the claim. Shipper agrees Broker or Carrier will not be held liable for the following: a) Damage not detected at inspection locations due to poor visibility because of weather, lighting conditions, or Vehicle that is received dirty or in “As Is” or Inoperable condition. b) Damage to the undercarriage, lower body panels in Vehicle with less than 8” clearance, exhaust systems, tires, rims, suspension, wheel bearings, tie-downs, mechanical functions such as but not limited to: brakes, alignment, tuning, charging systems, batteries, or interior components as no evaluation is made of these components or systems at pickup or delivery of Vehicle. c) Damage caused by leaking fluids such as battery acid, motor oil, transmission fluid, brake fluid, power steering fluid, radiator coolant, or industrial fallout or fallout resulting from “acts of God.” d) Acts of Public Authority. e) Diminution in value of Vehicle, fees for rental cars, or any other claimed expense or consequential damage f) Damage caused by Shipper, including but not limited to damage caused by Shipper’s failure to remove non-permanent exterior attachments from Vehicle.
(16) COVERAGE: In the event of transport-related damage to Vehicle, Carrier provides limited cargo insurance. A copy of the Carrier insurance policy can be provided to Shipper upon assignment of Carrier. In the event of transport-related damage to Vehicle, Shipper agrees to acquire estimates from two different repair shops and understands Carrier will select the appropriate estimate for reimbursement. Rental car fees will not be covered. Shippers agree that any claims for damage will be taken up directly with Carrier, and agree liability for said damages, as well as all Driver negligence, lies solely with Carrier. Broker will provide Shipper with the name, address, and phone number of the Carrier used for transport and will assist Shipper in providing any other necessary information, should a claim arise. As a broker, Broker will make every effort to assist Shipper in handling claims against the Carrier, but the final decision rests with the Carrier.
(17) LIABILITY: It is further agreed by the parties that their respective liabilities under this Agreement shall be as follows:
(a) Broker’s Limited Liability. Broker shall not be liable, under any circumstances, to Shipper for the loss or damage to Shipper’s vehicles. Liability, if any, for such losses and damages to Shipper shall be borne solely by the carriers responsible for the transportation of the Shipper’s vehicle. Broker’s liability to Shipper, if any, for any breach of representation, warranty or covenant under this Agreement shall be limited to the total compensation for services paid or owed to the Broker by the Shipper under this Agreement in connection with such services.
(b) Shipper’s Liability. Shipper shall be directly liable to Broker for the agreed upon costs of the shipment of its loads, and to the Broker and its carriers for costs and accessorial charges incurred by either as the result of an order being canceled by Shipper or as required to perform pick-up or delivery of Shipper orders.
(c) Carrier’s Liability. The Carrier’s limit of liability for any total loss vehicle[s] shall be the actual cost of any verifiable expenses thereon, including Carrier’s freight charges thereon. With respect to any total loss vehicle[s], the Carrier shall not be responsible for any lost profit.
(d) No Special Damages. In no event will either party be liable to the other for any lost revenues, lost profits, incidental, indirect, consequential, special or punitive damages.
(18) TRANSIT TIME: Shipper acknowledges that all transit times are estimates. Broker does not guarantee pickup or delivery on specified dates but will make a good faith attempt to meet quoted timeframes. Shipper acknowledges that in the event of any delays, Broker or Carrier will not be liable for rental car, hotel stays, or any other claimed expense or consequential damage.
(19) No Exclusivity: It is understood and agreed between the parties hereto that Broker shall be free to accept freight for transportation from shippers other than Shipper and that Shipper shall be free to tender freight for transportation to Brokers other than Broker.
(20) Shipping Document: Unless otherwise agreed in writing, all shipments tendered shall be accepted on a bill of lading acceptable to Shipper as the shipping document. The parties agree that bills of lading and delivery receipts shall be used solely as receipts for shipment and to identify the vehicle transported, place of pickup and delivery, shipper and consignee and other information as required by Shipper. In the event of a conflict between the bill of lading terms and this Agreement, this Agreement shall prevail. Upon request of Shipper, Broker shall require all carriers to obtain a delivery receipt from the consignee, showing the products delivered, condition of the shipment and the date and time of such delivery.
(21) Term: The term of this Agreement shall be one year and shall automatically renew for like periods until cancelled by either party. Either party can cancel this Agreement by fourteen (14) days written notice to the other.
(22) COMPLETE AGREEMENT: Shipper acknowledges the Agreement encompasses the Booking Confirmation, Terms & Conditions, and Shipment Requirements. Said documents constitute the complete agreement between Broker and Shipper and all prior written or oral representations of Broker are considered null and void. Terms and Conditions may not be modified except for in a writing signed by an officer of Broker. In the event the Booking Confirmation needs to be updated, Broker will obtain verbal confirmation from Shipper, and provide Shipper with updated copy. Any “Additional Comments” added by Shipper to the Booking Confirmation are merely requests and are not binding in any way.
(23) SERVICE: It is understood between Broker and Shipper that while Carrier has authorized Broker to invoice Shipper for services provided by Carrier, Broker is not an agent for the Carrier or Shipper and remains at all times an independent contractor. Broker agrees for the amount stated on the Booking Confirmation to arrange for transportation of Shipper’s Vehicle pursuant to the terms and conditions of the Agreement and in compliance in all material respects with all federal, state and local laws and regulations relating to the brokerage of freight covered by the Agreement. Broker’s responsibility under the Agreement is limited to arranging for, but not actually performing transportation of Shipper’s Vehicle.
(24) DELIVERY AND STORAGE: The liability on the part of Carrier ceases upon unloading of Vehicle at or near the agreed upon location, port, or storage facility and is considered as being delivered. Unclaimed Vehicle may incur storage fees. Fees are determined by individual storage facilities and are subject to change. For an accurate assessment of possible storage fees Shipper must contact a Representative. Shipper alone, and not Broker, is responsible for any storage fees due to failure to claim Vehicle. Storage fees are payable to the facility storing unclaimed Vehicle. Failure of Shipper to accept delivery of Vehicle more than thirty (30) days after its arrival shall authorize Broker or other persons in possession of Vehicle to foreclose its lien on Vehicle as provided by the laws of the state of Vehicle’s then current location. Shipper is responsible for any and all charges associated with the delivery or pickup from a storage facility of other non-standard locations. If charges are due when Carrier arrives to receive Vehicle, charges will be forwarded to the Shipper’s bill for payment.
(25) CANCELLATION POLICY: The option to cancel a shipping order is available at any time, at no cost and with no cancellation fee, as long as the order has not yet been accepted by selected Carrier. Our services are considered rendered when the selected Carrier has accepted a load. The Shipper must cancel the shipment 48 hours before first available pick-up time in order to avoid a cancellation fee. If the Shipper cancels shipment within 48 of first available pick-up time, the deposit becomes non-refundable. If the Shipper cancels shipment within 24 hours of first available pick-up time, the deposit is non-refundable and a dry-run fee of $250 will be assessed. Refunds will be processed within 48 business hours of the cancellation request. Cancellation of an order must be submitted in writing via email sent to Dispatcher@DriveAwayQuotes.com or by phone call (858) 225-5327. Once a Carrier has accepted your load, DriveAway Quotes notifies Shipper via email (to the email address provided at service booking).
(26) DRY-RUN POLICY: In the event a Driver is dispatched to pick up Vehicle and prior arrangements have been made to do so, and Vehicle is not available for pickup within thirty (30) minutes of Driver arrival, a “dry-run” fee of one hundred dollars ($150) will be imposed. Additionally, all shipments are allocated thirty (30) minutes for delivery at contracted point of destination. Deliveries that exceed this allotted period due to Shipper unavailability will incur the “dry-run” fee. For every additional thirty minutes after the initial thirty minutes, an additional $75 dollars in fees will be incurred. If pickup or delivery at the agreed upon location is impossible or impracticable due to weight restrictions, low trees, small roads, or other obstacles, Shipper agrees to meet Driver in a safe and legal location for loading or unloading of Vehicle. Failure to do so may result in the imposition of the “dry-run” fee. In the event Shipper requests a change of pickup or delivery address less than seventy-two (72) hours prior to first available pickup or delivery, requests may be denied, or additional fees may be imposed. If for any other reason, a dispatched Driver must refuse pickup, including but not limited to Vehicle condition, or a Shipper exhibiting offensive, inappropriate, or vulgar language or behavior, the “dry-run” fee may be imposed. Imposed fees will be forwarded to Shipper’s bill for payment.
(27) Indemnification. Broker shall defend, indemnify and hold harmless Shipper from any loss or damage, including loss, damage or injury to persons or property, that Shipper may incur as a direct result of Broker’s negligent acts or omissions. However, it is understood and agreed that Broker assumes no liability for bodily injury, property damage or public liability arising out of the involved transportation of the Shipper’s vehicles. Shipper shall defend, indemnify and hold harmless Broker from any and all loss or damage, including loss, damage or injury to persons or property, that Broker may incur as a direct result of Shipper’s negligent acts or omissions.
(28) Relationship of the Parties: Broker represents and warrants that it is an independent contractor under this Agreement, and that its agents and/or employees are under Broker's exclusive management and control, and that Shipper neither exercises nor retains any control over Broker, its operations, agents or employees in any manner whatsoever. Further, the Shipper represents and warrants that it is an independent contractor under this Agreement, and that its agents and/or employees are under Shipper's exclusive management and control, and that Broker neither exercises nor retains any control over Shipper, its operations, agents or employees in any manner whatsoever.
(29) Assignment: Neither party may assign this Agreement or any rights hereunder without the prior written consent of the other party. However, Broker may subcontract and co-broker any shipments made on behalf of Shipper under this Agreement.
(30) Force Majeure: Except with respect to payment obligations pursuant to this Agreement, neither party is liable for nonperformance or defective or late performance of any of its obligations under this Agreement to the extent and for such periods of time as such nonperformance, defective performance or late performance is due to reasons outside such Party’s control, including acts of God, strikes, failure of utilities, war (declared or undeclared), action of any governmental authority, riots, revolutions, fire, floods, explosions, sabotage, nuclear incidents, lightning, weather, earthquakes, storms, sinkholes, or epidemics.
(31) Entire Agreement: This Agreement contains all of the agreements of the parties relative to the matters addressed herein, and no provision hereof may be changed, waived, or modified except in writing signed by both parties.
(32) Severability of Provisions: If any of the provisions or terms of this Agreement shall be deemed for any reason to be invalid or unenforceable by any court or authority of competent jurisdiction, such invalid or unenforceable terms or provisions shall be deemed severable from the remaining terms and provisions hereof which shall remain of full force and effect binding the parties to the full extent of the obligations therein imposed.
(33) Authority of Signatories: The undersigned agent and representatives of the parties do hereby warrant in their individual capacities that they are seized of the necessary authority to execute this Agreement on behalf of the party for whom they act, and that by their execution of this Agreement their respective parties are bound to the full extent of the warranties and obligations herein assumed and imposed.
(34) Miscellaneous: Time is of the essence of this Agreement. The obligations and benefits herein related shall inure to the benefit of the successors and assigns of the parties. The paragraph and subparagraph captions are provided only for the convenience of the parties and shall be deemed to be inclusive of all of the matters related therein.
