Shipper and Heartland Shipping and Logistics, Inc. (HSL) Agree To The Following:
Deposit Billed To: Credit Card
TERMS & CONDITIONS OF SERVICE
- Heartland Shipping and Logistics, Inc is a registered and bonded property broker (MC#063109). This agreement is between solely the customer and his, her or its duly authorized agents, (hereinafter referred to as “Customer”), and HEARTLAND SHIPPING AND LOGISTICS, Inc. referred to as Heartland Shipping.
Contract Terms and Liability Disclaimer
- Carrier will pick up and deliver as close to Customer’s door as legally and safely as possible. A mutually agreed upon place to load or unload the vehicle(s) may be necessary due to low hanging trees, low hanging wires, narrow streets and residential area restrictions.
- Heartland Shipping shall provide Customer with an estimated pick up and estimated delivery date. However, delays may occur prior to, and/or during, transport due to weather, road conditions, mechanical problems, etc. There are absolutely no guarantees regarding pick up or delivery times and dates. Heartland Shipping/Carrier shall not be held responsible for loss or damages occasioned by delays of any kind or for any reason, car rental fees or any accommodation fees. Heartland Shipping/Carrier shall not be held liable for failure of mechanical or operating parts of Customer’s vehicle.
- Carrier is authorized to operate and transport Customer’s motor vehicle between its pick-up location and the destination set forth on the shipping order and Bill of Lading.
- Customer must prepare vehicle for transport. All loose parts, fragile accessories, low hanging spoilers, etc. must be removed or secured. Customer shall remove all non-permanent, outside mounted luggage and other racks prior to shipment. Vehicles must be tendered to Carrier in good running condition (unless otherwise noted) with no more than a half tank of fuel (preferably 1/4 tank). Any part of the vehicle that falls off during transport is Customer’s responsibility including damages caused by said part to any vehicles(s) and/or person
- Customer must disarm any alarm system installed in the vehicle or provide proper instructions for this matter. In the event said alarm sounds and there are no keys or instructions to turn it off, Carrier may silence alarm by any means.
- Luggage and personal property must be confined to one suitcase OR one bag in the trunk only, with no heavy articles, and is not to exceed 100 lbs. Carrier and Heartland Shipping are not liable for personal items left in vehicle, nor for damage to vehicle caused by excessive or improper loading of personal items. No personal property shall be transported in customer’s vehicle(s) that includes, but is not limited to, Explosives, Guns, Ammunition, Flammable Products, Narcotics, Negotiable and Legal Papers, Alcoholic Beverages, Jewelry, Furs, Money, Live Pets, Live Plants or any unlawful contraband. Customer agrees that Heartland Shipping/ Carrier may confiscate or dispose of said items with no remuneration. Heartland Shipping/Carrier will not be held responsible for delivery of personal property. If Customer wishes to put items in the vehicle, he does so at his own risk.
- Alaska/Hawaii & International Orders: the car must be empty except for factory installed equipment. Indicate the serial number and give car’s approximate value in U.S. dollars. Customer is responsible for the proper customs paperwork. (Ask the assigned Carrier for help with these documents.) Any order placed on our website that has a pick up and/or delivery location, such as a port, will be subject to an additional charge of $100.00. The booked price on our website http://www.HeartlandShipping.com does not include the extra charge of $100.00.
- If the vehicle is inoperable or oversized (dual or oversized wheels, extra-large, racks, lifted, limo, etc.) Customer must inquire as to the extra charges. If Heartland Shipping is not advised of inoperable or oversized/ modified vehicles prior to pick up, all extra charges must be paid in cash or money order to the Carrier upon
- Double Broker/Exclusivity Policy. Customer agrees that Heartland Shipping has the right to reject (cancel) any order for any reason at any time. Customer also understands Heartland Shipping’s exclusivity policy. Customer has been given full disclosure of the purpose and value of exclusivity with our service and the this exclusive relationship is required for Heartland Shipping to successfully conduct our services. Without exclusivity Heartland Shipping cannot guarantee the Customer will have their vehicle picked up or delivered within any reasonable time frame. Heartland Shipping has the right to charge Customer a Double Broker fee if Customer hires another firm/company to transport their vehicle before properly terminating the agreement with Heartland Shipping must be notified by Customer if Customer is going to use another company for their services after a 24-hour period. Heartland Shipping has the right to charge a $100 double broker fee for a breach of this exclusivity clause. Heartland Shipping will support evidence of a double brokered job by screen shots, emails, or other written/verbal means and notify the customer they are in breach of our exclusivity clause to ensure the customer is aware of the matter.
- Suggested vs Negotiated Pricing: Heartland Shipping will always initially offer a suggested price, which will come with a 98% carrier match rate. The suggested price reflects the current market rate for any particular shipment based on the web tools and software Heartland Shipping uses for pricing shipments. Customers are allowed to negotiate this rate, which Heartland Shipping calls Negotiated Price. Negotiated Price does not come with the same 98% pick up guarantee. Negotiated Prices are subject for further negotiating if a reliable driver, according to the Heartland Shipping safety standards, which include years in business, reputation ratings, insurance coverage and other factors, is not found. Customer has been given explicit warning on the nature of our dynamic pricing model. Due to Heartland Shipping subcontracting loads to thousands of carriers pricing will vary from driver to driver. Heartland Shipping agrees to negotiate on behalf of the customer and to find a carrier for the Customer’s negotiated price, however Heartland Shipping has the right to counter offer with a Carrier’s price. Heartland Shipping will work to meet and connect Customers to a Carrier, whom of which can meet the price demands of Customer, however this is not a 100%guarantee and Customer will be given clear warning up front whether or not their budget is sufficient for transportation.
- At the time of pick up, Customer and Carrier will carefully inspect the vehicle for pre-existing damage (exterior only) by completing a vehicle inspection report recorded on the Bill of Lading. Carrier and Customer will both acknowledge the condition of the vehicle and Customer will sign and receive a copy of the Bill of
- At the time of delivery, Customer and Carrier will carefully inspect the vehicle for possible damages incurred during transit. Carrier and Customer will both acknowledge the condition of the vehicle and Customer will sign and receive a final copy of the Bill of Lading.Damage must be noted in the proper place on the Bill of Lading and signed by Customer regardless of weather conditions, time of day or day of week. Signing the Bill of Lading and inspection report without notation of any damage verifies that Customer has received his vehicle(s) in satisfactory condition, and that Heartland Shipping/ Carrier and their agents are relieved of any further responsibility. Carrier damage claims are covered by a minimum of $750,000.00 public liability and property damage. All claims must be submitted in writing within 24 hours of Heartland Shipping will share the Carrier insurance policy details upon request. Customer agrees that Heartland Shipping is not liable for any property damage claims to Customer’s vehicle and that his, her or its sole remedy is against the Carrier.Customer agrees and understands that Heartland Shipping is a registered transportation and property broker and is acting solely in the capacity of a broker. Customer allows Heartland Shipping to contract with other licensed and insured Motor Carrier(s), (hereinafter referred to as “Carrier”), to transport the vehicle(s) described in this shipping order.Customer further agrees and understands that Heartland Shipping’s sole responsibility in the transaction between the customer and Heartland Shipping. is to procure a carrier for shipment of the customer’s property. Customer understands that Heartland Shipping never takes possession of, transports, or delivers the Customer’s property.Customer agrees and understands that all claims for damage to property arising out or occurring during the taking possession of, transporting, or delivery of Customer’s property falls under the Carmack Amendment, if the transport is interstate.
As outlined in Section 10761 of the Interstate Commerce Act (49 USC 10761) the payment of freight charges may not be postponed due to alleged loss or damage. These charges should be paid in full and the portion applicable to the lost or damaged item should be included in the freight claim.
The following items are important to remember:
- Claims and payment of freight charges are two entirely different transactions.
- ICC regulations prohibit withholding the payment of freight bills due to a pending claim. (Administrative Ruling 128)
- Without payment of the freight charges, payment for transportation has not been made. A valid claim will not be paid until freight charges are made.
- Customers are allowed to cancel at any time before a carrier is assigned to pick up the vehicle (this process is called dispatching), for any reason what so ever. Once the vehicle is dispatched the customer cannot cancel under any circumstances without a fee. Only cancellations made before a carrier is assigned will be honored and these cancellations must be sent by email to info@HeartlandShipping.com and the subject line must read: Cancellation Request -Order ID.
- If Customer decides to cancel the shipping order after a Carrier (transporter) has been assigned (dispatched), $199.00 or deposit amount, whichever number is greater, will be assessed as our services have been rendered when a Carrier (transporter) is assigned to pick up your vehicle. This fee justifies the opportunity cost lost due to the cancellation made by the customer after a carrier is assigned to pick up the customer’s vehicle.
- Once a Carrier has been assigned to a shipping order, Heartland Shipping notifies Customer via email (the email provided at service booking).
- A $100 hold will be placed on the Customer’s credit card and held as a retainer. This amount will be put towards the total cost of the deposit amount. Deposits may vary in amount. If the deposit is larger than $100 the Customer’s card will be charged the difference in order to make up the full amount of the deposit. If the deposit amount is less than $100 the customer’s credit card will be refunded the difference in order to match the amount of the deposit.
- A minimum of $44 or 5% of the total tariff including the booking and deposit fee will be charged if the customer requires or demands to pay for the the transport tariff in full, up front, instead of cash or certified funds to the Carrier upon delivery.
- A booking fee of $14 will be charged either at the time of booking or the time of dispatch. This fee is nonrefundable under any circumstances.
- DRY RUN fees are fees charged when the customer changes their dates of either pickup or delivery after the vehicle as already been dispatched to a carrier. Dates may not change at this point under any circumstances. The dry run fee is $150 and will be processed immediately if the customer is not prepared for pickup or delivery.
- Heartland Shipping receives a $140 deposit or greater. Heartland Shipping never accepts a lower deposit amount than $140 unless the total shipment costs a total of $500. In this case Heartland Shipping will accept a lowered deposit of $100. Deposits are subject to change.
- After a cancellation is made Heartland Shipping has 7 business days to approve and authorize the cancellation. During this wait period a carrier still may be assigned to the shipment and the shipper may agree to accept a carrier’s offer.
- Deposits are never refundable once charged. However, the shipper may request a shipping credit for a future shipment for the amount of the deposit charged. This is called SHIPPING CREDIT. Heartland Shipping must see the credit as legitimate and the claim must be made through the email only – info@HeartlandShipping.com with the subject line reading: Shipping Credit Request.
Contract Terms Continued Media/Web Properties Terms & Disclaimer
- Carrier accepts responsibility of vehicle after pre-inspection is done and Bill of Lading is signed by the Customer. Carrier responsibility will end when the vehicle is delivered and Customer signs final Bill of Lading inspection.
- Heartland Shipping/Carrier will not be responsible for damage caused by acts of God, hail or storm damage, or damage resulting from worn/broken parts of vehicle or added personal items.
- Customer shall, in their absence, designate a person to act as their agent at the point of pick up and/or delivery if for any reason they are unavailable.
- Customer warrants that he/she will pay the transportation price/partial payment due to Heartland Shipping/Carrier in full and will not try to offset any dispute for damage claims and/or delays etc. from freight (transport) charges. It is Customer’s responsibility to provide payment when Carrier arrives- unless the balance has been pre-paid in full. All payments to Carrier on orders booked as “Discounted Cash Price” must be in the form of cash, cashier’s check or money order – no exceptions. Certified funds must be made payable to the delivering Carrier and not to Heartland Shipping. Personal checks, debit or credit cards for orders booked as “Discounted Cash Price” will NOT be accepted for the remaining balance – no exceptions. Customer agrees that if the payment cannot be made by these methods, the vehicle will be stored, at Customer’s expense, until Customer pays in full all transport charges. Should Customer be unable to accept delivery for any reason, the vehicle will be placed in storage. Any and all storage and re-delivery charges will be the responsibility of Customer.
- This Agreement shall be construed in accordance with the laws of the State of New York.
- The parties here agree that all actions or proceedings arising in connection to this agreement shall be tried and litigated exclusively in the State or Federal (if permitted by law and a party elects to file an action in federal court) courts located in New York City, in the state of New York. This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this section. Each party waives any right it may have to assert the doctrine of forum non-convenience or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section. By action of this provision, the parties agree to submit to the personal jurisdiction of the aforementioned court.
- Customer shall defend, indemnify, and hold harmless Heartland Shipping. from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, imposed by a court of law or by administrative action of any federal state or local agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Heartland Shipping, or the Carrier, its personnel, employees, agents, or contractors in connection with or arising out of Heartland Shipping or the Carrier’s actions. The indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, attorney’s fees, and related costs or expenses, and any reimbursements to Heartland Shipping for all legal expenses and costs incurred by it.
- This agreement and any shipment here under is subject to all terms and conditions of Carrier’s tariff and the uniform straight Bill of Lading, copies of which are available at the office of Carrier. This supersedes all prior written or oral representation of Heartland Shipping and constitutes the entire agreement between Customer and Heartland Shipping and may not be changed except in writing signed by an officer of Heartland Shipping Customer warrants that he, she or it has read this agreement in its entirety and by continuing with the transaction, fully understands and agrees to its terms. Further, Customer waives any claims or defenses based in whole or in part on not reading, knowing, or understanding these terms and conditions and agrees to indemnify and hold harmless Heartland Shipping for any fees or costs, including attorney’s fees and costs, arising out of any claims or defenses asserted based upon not reading, having knowledge or or understanding these terms and conditions.
This supersedes all prior written or oral representation of HSL and constitutes the entire agreement between shipper and HSL and may not be changed except in writing signed by an officer of HSL.
Heartland Shipping and Logistics, Inc.
USDOT Number 3074537
MC NUMBER: 063109