Thank you for choosing National Transport Services (“NTS”) for your vehicle’s transport. By using our services, you and the person or entity you represent accept all of the terms of service (“TERMS”) stated herein. In the event of a conflict between these TERMS and those in any other document, including a motor carrier bill of lading, tariff or service guide, or any other documents, these TERMS will supersede and control as between you and NTS. These TERMS cannot be modified by anyone except for NTS.
Please read Section 14. Arbitration carefully which requires arbitration to first resolve any claim that you may have against NTS.
1. Definitions
a. “Additional Services” means upgrades and additional services ordered by the Customer, such as vehicle top-loading, guaranteed pick-up date, covered transport, personal belongings, Etc.
b. “Bill of Lading” means a document provided by the Carrier to the Customer at delivery documenting the details of the Shipment and its condition, Point of Origin, Destination, and other information regarding the Order. Bill of Lading can serve as a receipt or a contract between the Carrier and Customer.
c. “Carrier” means a motor carrier of property, as defined at 49 U.S.C. §13102(14), duly licensed by the State and/or Federal Department of Transportation, or a carrier of goods by sea according to 46 U.S.C. § 30701.
d. “Carrier Form” means a receipt, inspection report, Bill of Lading, shipping order, or similar document provided by the Carrier at the Point of Origin and/or Destination.
e. “C.O.D.” means collect on delivery or payment on delivery.
f. “Customer” means the individual, company, or other entity, including its agents and representatives, ordering the transportation of Shipment.
g. “Customer’s Agent” means an individual over 18 designated by Customer to act on Customer’s behalf or as an agent.
h. “Destination” means the Shipment drop-off location designated by the Customer or as later modified by mutual agreement between NTS and the Customer before delivery.
i. “Inoperable” means a state or condition in which a Shipment cannot function or be driven for any reason, including but not limited to its parts having been removed, altered, damaged, or deteriorated such parts including but not limited to engine, transmission, wheels, steering mechanism, brakes, tires, Etc.
j. “NTS” means National Transport Services, its affiliates, and subsidiaries. NTS is a transportation broker as defined at 49 U.S.C. § 13102(2), arranging for the transportation of freight through third-party Carriers and is duly licensed by the Department of Transportation (D.O.T.), and is registered with the Federal Motor Carrier Safety Administration (FMCSA) under Docket No. MC-1069679 and/or other government agencies as may be required by law. NTS is not a Carrier.
k. “Order” means the Customer’s request for NTS to arrange the transportation of the Customer’s Shipment.
l. “Order Confirmation” means any written confirmation from NTS to the Customer confirming the Customer’s Order and other details, including but not limited to the description of Shipment, Point of Origin, Destination, dates, and quoted rate.
m. “Point of Origin” means the Shipment pick-up location designated by the Customer or as later modified by mutual agreement between NTS and Customer before transport.
n. “Shipment” means the Customer’s property — an automobile or motorized vehicle — arranged for transportation per these TERMS.
2. Services
a. Upon Customer’s request, NTS will arrange for the transportation of Customer’s Shipment by Carriers subject to these TERMS. NTS reserves the right, in its sole discretion, to refuse or cancel any Order at any time.
b. NTS’s services are deemed completed when a Carrier has accepted Customer’s Order.
c. Customer understands and accepts that NTS (i) operates only as a transportation broker, (ii) is not a motor carrier or transporter, and (iii) does not hold itself out as providing the transportation of property.
d. Customer expressly understands and agrees that NTS never takes custody or possession of, transports, or handles Customer’s Shipment or assumes any liability for the Shipment.
e. All ocean transportation arranged by NTS will also be subject to the terms and conditions of the ocean Carrier’s bill of lading, tariff, schedules, rates, and rules. Ocean Carriers offer limited liability coverage for loss or damage, and the Customer must inquire with the ocean Carrier about purchasing additional insurance.
f. NTS shall provide Customer with an estimated pickup and delivery date; however, delays may occur before and/or during transport due to weather or road conditions, government regulations, mechanical problems, and other causes beyond NTS’s control. NTS cannot and does not guarantee delivery dates or times. The Customer understands and accepts that NTS is not responsible or liable for any losses or expenses caused by delays of any kind or for any reason.
3. Customer’s Responsibilities
a. Accuracy of Information. The Customer understands and accepts that only the Customer is responsible for ensuring the accuracy of all the details, including the description of the Shipment (year, make, model, body style, trim, etc.), Point of Origin, Destination, fees, and special instructions in the Order Confirmation, and as applicable, on the Carrier’s Form, Bill of Lading, or other required documents. Any changes or corrections to the Shipment description or any other changes to an Order may result in additional fees or cancellation of the Order. The Customer waives all claims against NTS for additional charges or cancellation if the Shipment does not match the Shipment listed in the Order Confirmation.
b. Shipment size and condition. The Customer must inform NTS about the Shipment’s size and condition at the time of booking and before the pickup date. The Customer understands and accepts that if the Shipment is or becomes inoperable during the transit, or if the Shipment (i) is modified from the original equipment manufacturer (“O.E.M.”) condition with features including but not limited to aftermarket spoilers, lowered chassis, height modifications, etc., (ii) is oversized due to but not limited to dual or oversized wheels, extra-large tires, racks, lifted chassis (iii) is a large vehicle such as a limousine or a hearse, then the Carrier may charge additional fees to transport such Shipment or refuse to transport the Shipment altogether.
c. Preparing Shipment. The Customer understands and accepts that the Customer is responsible for preparing the Shipment for transportation. Before Shipment, customers must secure or remove all loose parts, fragile accessories, low-hanging spoilers, etc. Before Shipment, the Customer must remove all non-permanent, outside-mounted luggage and other racks. Shipment must be tendered to Carrier in operable condition with no more than a quarter tank of fuel. Customer understands and accepts that Customer is responsible for any damages, losses, and claims to the Shipment, other vehicles, and/or persons caused by any part of the Shipment that becomes loose or detached during the transport.
d. Alarm. The Customer must disarm any alarm system installed in the Shipment or provide clear instructions for disengaging it to the Carrier. If the Alarm is activated during the transit, and there are no keys or instructions to turn it off, Carrier may be forced to silence Alarm by any reasonable means available and without recourse by the Customer.
e. Personal Property. Customers may leave one suitcase OR one bag carrying personal Property, which shall not exceed one hundred pounds (100 lbs.) and must be confined to the trunk or storage area of the Shipment. The Customer must notify NTS and Carrier of such personal Property in the Shipment at the Point of Origin before loading the Shipment. The Customer understands and accepts that the Carrier has the right to reject any personal property in the Shipment if transporting such personal Property is unsafe or violates the law. The Customer is advised not to leave any negotiable instruments, legal papers, jewelry, furs, money, cash or currency, antiques, or any valuable articles in the Shipment. The Customer understands and accepts that the Carrier and NTS are not liable for personal items of any kind and value left in the Shipment or for damage caused by excessive or improper loading of personal items. If Customer puts personal Property in the Shipment, Customer does so at Customer’s own risk.
f. Prohibited Items. Customer understands and accepts that Customer is prohibited from loading any explosives, guns, ammunition, weapons, flammable products, live pets, live plants, any contraband, drugs or narcotics, alcoholic beverages, and or any illegal goods in the Shipment. Customer understands and accepts that upon discovery, such prohibited items and/or the Shipment may be confiscated or disposed of by law enforcement, or NTS may cancel the Carrier and the Order in entirety without any remuneration or compensation to Customer, and Customer will be solely responsible for any fees, fines, damages, or other liabilities arising from a violation of this Section.