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 12. Arbitration carefully which requires arbitration to first resolve any claim that you may have against NTS.
- “Additional Services” means upgrades and additional services ordered by the Customer such as vehicle top-loading, guaranteed pick up date, covered transport, additional personal belongings,
- “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 details regarding the Order. Bill of Lading can serve as a receipt or a contract between the Carrier and
- “Carrier” means a motor carrier of property, as defined at 49 U.S.C. §13102(14), duly licensed by State and/or Federal Department of Transportation, or a carrier of goods by sea pursuant to 46 U.S.C. § 30701.
- Carrier Form” means a receipt, inspection report, Bill of Lading, shipping order or similar document provided by the Carrier at Point of Origin and/or
- “C.O.D.” means collect on delivery or payment on
- “Customer” means the individual, company or other entity, including its agents and representatives, ordering the transportation of
- “Customer’s Agent” means an individual over the age of 18 designated by Customer to act on Customer’s behalf or as an
- “Destination” means the Shipment drop off location designated by the Customer or as later modified by mutual agreement between NTS and Customer prior to
- “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,
- “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 (DOT), 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 NTS is not a Carrier.
- “Order” means Customer’s request for NTS to arrange for the transportation of Customer’s Shipment.
- “Order Confirmation” means any written confirmation from NTS to the Customer confirming the Customer’s Order and other details including but not limited to description of Shipment, Point of Origin, Destination, dates and quoted
- “Point of Origin” means the Shipment pick up location designated by Customer or as later modified by mutual agreement between NTS and Customer prior to
- “Shipment” means the Customer’s property — an automobile or motorized vehicle — arranged for transportation in accordance with these
- 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.
- NTS’s services are deemed completed when a Carrier has accepted Customer’s Order.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Shipment by sea. The Customer understands and accepts that no personal property of any nature or value and no illegal goods will be allowed in the Shipment for transportation by sea, and the Customer will ensure that the Shipment is empty except for O.E.M. or factory-installed equipment. The Customer is responsible for furnishing all required documents and paperwork required by U.S. and international customs. The Customer must share the vehicle identification number (V.I.N.), license plate number, color of the vehicle, and approximate U.S. dollar value when placing the Order. If the Point of Origin or Destination is a shipping port, the Customer agrees to pay any additional fees.
4. Customer Warranties
- Customer warrants that Customer will comply with all applicable laws, rules, and regulations, including but not limited to customs laws, import and export laws, and governmental regulation of any country to, from, through, or over which the Shipment may be carried. The Customer agrees to furnish such information and documents as necessary to comply with applicable laws, rules, and regulations. NTS assumes no liability to Customer or any other person for any loss or expense due to Customer’s failure to comply with this provision. Any Customer’s Agent and/or entity acting on behalf of Customer also warrants that it has the right to act on behalf of Customer and the right to bind Customer legally.
5. Pickup and Delivery of Shipment
- Customer understands and accepts that a change to the point of Origin and/or Destination may be necessary due to municipal zoning restrictions, road conditions, road closures, low-hanging trees, low-hanging wires, narrow streets, residential area restrictions, etc.
- If the Carrier cannot access the Point of Origin or Destination, the Customer agrees to meet the Carrier at an alternate location for the Carrier to pick up or drop off the Shipment safely.
- Customer must be present at the Point of Origin and Destination for the pickup and/or delivery of a Shipment, or the Customer must designate a Customer’s Agent if the Customer is unavailable for any reason.
- At the time of pickup at the Point of Origin, the Customer or Customer’s Agent agrees to (1) carefully inspect the Shipment with the Carrier for pre-existing damage and (2) acknowledge the condition of the Shipment by (a) noting any pre-existing damage on the Carrier Form or Bill of Lading, (b) signing the Carrier Form or Bill of Lading, and (c) requesting a copy of same from the Carrier. The Customer or Customer’s Agent must photograph the Shipment from all angles at the Point of Origin.
- At the time of delivery at the Destination, the Customer or Customer’s Agent agrees to carefully inspect the Shipment in the presence of the Carrier for possible transit damage and note any new damage as an exception on the Bill of Lading. Again, the Customer or Customer’s Agent must photograph the Shipment from all angles before signing the Bill of Lading. The Customer or Customer’s Agent agrees to sign and require a final copy of the Bill of Lading signed by the Carrier to serve as a final Shipment condition report, especially in case of a dispute with the Carrier.
- Customer understands and accepts that Customer’s or Customer Agent’s signing of the Carrier’s Form or Bill of Lading at Destination without any notation of any damage, regardless of the lighting or weather conditions at the time of inspection, will serve as confirmation that Customer received the Shipment at Destination in satisfactory condition and that NTS and the Carrier will have no further responsibility.
6. Carrier Responsibilities
- Carrier shall (i) pick up and deliver Customer’s Shipment as close to Customer’s door or Customer’s designated Point of Origin and Destination as legally and safely possible, and (ii) transport the Shipment in a commercially reasonable manner.
- Carrier may issue a Carrier Form, receipt, or Bill of Lading at the Point of Origin and/or Destination. Customer or Customer’s Agent agrees to read such Carrier Form carefully as it may constitute a contract of transportation between Customer and Carrier, and Customer will contact Carrier directly with any disputes or questions regarding such documents.
- Customer understands and agrees that Customer may also be subject to the Carrier’s terms and conditions of service, tariffs, rules, or classification, copies of which must be requested by the Customer directly from the Carrier.
7. Fees and Payment
- Customer agrees to pay all amounts due in full for each Order and any Additional Services as per the terms of the Order Confirmation and these TERMS without any offsets, chargebacks, or reductions by Customer for any actual, pending, or un-filed claims, losses, delays, or damages. NTS accepts credit or debit cards, Zelle, and E-Transfer. There is a non-refundable processing fee of 4% if paying by credit or debit card.
- For Shipments over the sea and internationally, Full Payment is required upon placement of the Order.
- The Customer must make all payments for the balance due to Carrier for C.O.D. on or before the delivery of the Shipment in cash, certified funds, cashier’s check, or money order made payable to the Carrier. Customers WILL NOT use personal checks, debit or credit cards when making payments to the Carrier.
- Any outstanding invoices for NTS’s services shall accrue an interest rate of two percent (2%) per month, and Customer shall be liable to NTS for all expenses incurred by NTS, plus reasonable attorney’s fees, to collect any outstanding charges.
- If the Shipment is placed in storage due to Customer’s refusal to pay the fees or accept delivery from the Carrier for any reason, then the Shipment may be placed in storage at Customer’s expense and subject to Carrier’s lien for transportation charges until Customer pays in full the outstanding balance. All storage and redelivery charges will be the Customer’s responsibility, and the Customer agrees that the Customer will not look to NTS for reimbursement.
- For Shipments over the sea and internationally, Full Payment is required upon placement of the Order.
8. Cancellation and Refund Policy
- If Customer cancels the Order before a Carrier is assigned, Customer agrees to pay a service fee of one hundred and fifty dollars ($150.00).
- If the Order is canceled after a Carrier accepts the Order, such reasons including but not limited to the Customer canceling an Order, NTS canceling an Order due to the Customer’s breach of these TERMS, or if the Carrier is denied pick up of the Shipment when the Carrier arrives at the Point of Origin, the Customer agrees to pay a minimum of two hundred and fifty dollars ($250.00) in cancellation fees. The Customer understands and accepts that the Customer may be subject to additional cancellation fees, including but not limited to a dry run fee, redelivery fee, truck ordered not use fee (TONU), layover fee, and or diversion miles fee imposed by a Carrier and other vendors contracted to fulfill the Customer’s Order.
- If a customer reschedules the order after a carrier has been assigned, the customer acknowledges and agrees to pay a re-dispatch fee of ($150.00).
- Customer is entitled to a refund for only the unfulfilled portion of the services. If Additional Services were paid for but not rendered for any reason and the Shipment was delivered, the sole remedy for the Customer shall be a refund for the unfulfilled portion of the Additional Services fees.
- The Customer must submit cancellation of an Order in writing via email sent to email@example.com. Cancellations made via telephone, text, chat, or any other medium are not accepted by NTS.
- The Customer represents and warrants it has insurance or is self-insured to satisfy any damage or freight loss involving the NTS brokerage services. Furthermore, the Customer acknowledges that NTS is not obligated to provide cargo insurance and is not legally liable for any loss, damage, or freight delay. NTS will provide details regarding the Carrier’s cargo insurance upon request.
10. Loss, Damage or Delay Claims
- NTS is a property transportation broker; therefore, it is not and will not be liable for any cargo loss and damage claims for any reason.
- If Customer has a claim for loss or damage to a Shipment, then Customer understands and agrees that the party liable for all such claims is the Carrier and not NTS, and it is Customer’s responsibility to file any claim directly with the Carrier who transported the Shipment.
- If Customer decides to file a claim against the Carrier, Customer must promptly report such a claim to NTS, but in no event later than 24 hours of the delivery so that NTS may provide the Customer with relevant documents regarding the Carrier in a commercially reasonable manner.
- Customer is hereby informed and understands that claims against motor Carriers are governed by federal law, the Carmack Amendment to the I.C.C. Termination Act of 1995, 49 U.S.C. §14706, and claims against ocean Carriers are handled by the Carriage of Goods by Sea Act, 46 U.S.C. §30701. The Customer is urged to seek independent legal advice (at the Customer’s sole expense) on these laws in case of a claim.
- Customer understands and agrees that NTS and the Carrier are not liable for any cargo loss or damage caused by acts or omissions that are out of NTS’s or Carrier’s control. Including but not limited to damage caused by normal wear and tear, rock chips, debris, weather conditions, including hail, storm, or other acts of God, riots, strikes, political unrest, acts of terrorism, loose, worn, or broken parts of a Shipment, or personal items in the Shipment. NTS and the Carrier will not be responsible for any mechanical or electrical malfunctions, including but not limited to engine, transmission, rear-end motor mounts, drive trains, wiring systems, cooling systems, window motors, radios, stereo systems, alarm systems, switches, alignments, or suspension, etc.
11. Bilateral Contracts
- The Customer authorizes NTS to negotiate and enter into contracts with carriers to transport The Customer’s Shipment. Such agreements may include terms that limit the Carrier’s liability for loss or damage to the Customer’s freight. CUSTOMER understands and agrees that such limitations of liability will bind it.
- Customer agrees to indemnify, defend and hold NTS and their employees, officers and directors harmless from and against any losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses (including attorneys’ fees), and costs, suits, actions and claims (whether actual, potential, threatened or pending), brought by any person or entity, including damages for injury or death of persons and/or damage to Property, including real Property and/or the environment, claim liability and damages, arising from the acts or omissions of Customer, its agents, employees or representatives.
13. Limitation of Liability
- The total cumulative liability of NTS for any claims and damages, whether arising from statute, contract, tort, or otherwise, shall not under any circumstances exceed the total fees paid by Customer to NTS for NTS’s services under the respective Order Confirmation.
- EXCEPT AS OTHERWISE PROVIDED HEREIN, NTS MAKES NO WARRANTIES FOR ANY OF ITS SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.
- UNDER NO CIRCUMSTANCES WILL NTS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO A SHIPMENT OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- In the unlikely event NTS is unable to resolve a Customer dispute, claim, or controversy arising out of or relating to these TERMS, an Order, NTS’s services, or any other Customer engagement with NTS (“Dispute”), including Disputes that accrued before Customer accepted these TERMS. The Customer agrees to resolve all such Disputes through mandatory arbitration. The American Arbitration Association will administer the arbitration (“A.A.A. “) per the A.A.A.’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes.
- These TERMS and the parties’ agreement hereunder shall be construed per Title 49, the United States Code, and the laws of the State of Texas.
- NTS shall be an independent contractor with respect to the Customer, and nothing herein contained shall be construed to be inconsistent with such relationship or status.
- Except as expressly outlined in these TERMS, Customer may not assign rights hereunder without NTS’s prior written consent. These TERMS are binding on and inure to the benefit of the parties and their respective successors and assigns.
- The invalidity or unenforceability of any TERMS provision shall not affect the validity or enforceability of any other provisions herein.
- These TERMS supersede all prior written or oral representations and constitute the entire agreement between Customer and NTS and may not be changed by anyone except for NTS. Customer warrants that Customer has read these TERMS in their entirety and, by continuing with the transaction fully understands and agrees to them.
- Customer waives any claims or defenses based in whole or part on Customer not having read, not knowing, or not understanding these TERMS.