TERMS AND CONDITIONS Bellevue logistics LLC The Client and The Broker agree as follows: The fee for our service becomes due as soon as The Terms and Conditions have been signed and returned by the client to the transport company. Client warrants that client is the legal owner of the Vehicle/Personal Property being transported (the "Vehicle/Personal Property"), or that Client has been duly authorized by the legal owners to enter into this Contract for transportation of the Vehicle/Personal Property. In the event that the client cancels this Contract for any reason whatsoever after dispatch of transport without 24 hour notice, there may be a partial fee for having to find the driver another load on such short notice. the A "dry run" fee may be assessed in the event that the Transport is close to or at pickup location and Client is unavailable or unwilling to provide the Vehicle/Personal Property for transportation at the time and the date stipulated in the agreement. Client, upon tender of the Vehicle/Personal Property to The Broker or its transportation agent, and the consignee, upon acceptance of delivery by Client or its agent, shall be jointly liable for any and all unpaid charges payable on account of the shipment and transport costs. If for some reason no deposit has been prepaid, at the time of loading or at time of dispatch, the Client shall pay all tariff amounts upon delivery of load. In the event that forms of payments are not available at delivery, the Client shall be responsible for any and all storage fees assessed. In order to make pick up/delivery, the Client agrees to meet The Carrier at a specified time and place if necessary. Client shall pay all costs, including without limitation storage, towing, and additional delivery costs, incurred as a result of Client's breach of any warranty or obligation under this Contract. Signing The Driver's bill of lading or its transportation agent’s bill of lading at the destination without notation of damage shall be evidence of satisfactory delivery of the Vehicle/Personal Property. Once the bill of lading is signed Client verifies the vehicle condition and waves all rights for any additional claims. The Broker's responsibility for the Vehicle/Personal Property commences when the bill of lading is issued and signed by the driver and terminates when the Vehicle/Personal Property is signed for at the destination. The Broker or any of its agents shall not be liable for damages, including without limitation to any of the following, not caused by their negligence: Damage caused by fluids, acids, cooling system antifreeze, industrial fallout, or damage caused by acts of God. Damage that is undetectable due to Vehicle/Personal Property's condition or glass damage caused by normal wear and road use. Mechanical malfunctions, exhaust assembly, frame, alignment, tire damage, soft top convertibles, suspension, tuning of the engine, or damage that is a result of tie-downs tearing or breaking. Auto rental accruals. Damage resulting from the Vehicle/Personal Property being overloaded. Damage to the Vehicle/Personal Property because it cannot be driven on or off the transporter under its own power or has defective or insufficient brakes, parking brakes, or parking gear. The liability of The Broker or any of its agents for negligence causing damage to the Vehicle/Personal Property shall be limited to the amount paid by the Client for the transportation of the Vehicle/Personal Property. The carrier company's insurance covers any damages that may be had in transport due to fault of their own. The Client shall be responsible for preparing the Vehicle/Personal Property for shipment. All loose parts, fragile or protruding accessories, low hanging spoilers, antennas, etc., must be removed and/or properly secured. Any part of the Vehicle/Personal Property that falls off during transport is the Client's responsibility, including damages caused to any other Vehicle/Personal Property involved if 3rd party damages occur. The Client agrees to hold The Broker and its agents harmless for any costs, losses, or damages and claims if caused by the Client's breach of any warranty or obligation under this Contract. The Broker warrants and the Client acknowledges that The Broker is licensed by the Federal Motor Carrier Safety Administration. The Broker and its transportation agent transporting the Vehicle/Personal Property are hereby authorized to operate and transport the Vehicle/Personal Property from the point of origin to the destination specified in The Carrier's bill of lading. The carrier is authorized to drive if necessary, the Vehicle/Personal Property either at the point of origin or point of destination between the points of loading/unloading and the points of pickup/delivery, and the Carrier company shall provide cargo insurance for the same. In the event that there are any unforeseen delays regarding delivery, federal regulations require that all outstanding freight charges be paid without deductions. The Client agrees to properly note any damage claimed at the time of the delivery of the Vehicle/Personal Property and to pay the balance of the delivery charges in cash or other payment method agreed upon with broker or carrier. Damages not noted on the transportation agent's bill of lading will not be honored (no exceptions). Any claim of damage caused by the carrier must be made within 15 days of delivery specifying the damage claimed. The carrier transporting the Vehicle/Personal Property shall be liable for any and all damage claims arising from the transport. The Client agrees to file all claims to transport carrier as identified on the carrier's bill of lading/delivery receipt and to bring any legal action for damages against such transportation agents only. The Client agrees to release and hold harmless The Broker from any such claims. After the Client makes the Vehicle/Personal Property available to The Broker for transport, The Broker shall make use of al potential and full efort to have the vehicle picked up and delivered as agreed upon betwen Client and Broker. The Client may incur additional fees if the Vehicle/Personal Property is or becomes inoperable during transport, or if the Vehicle/Personal Property is oversized or overweight unless the Vehicle/Personal Property has disclosed this iformation to broker prior to making the agreement. The Client shall, in their absence, designate someone to act as the Client's agent at the points of pick up and/or delivery. This Contract constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. It supersedes all prior negotiations, letters, and understandings relating to the subject matter hereof. This Contract may not be amended, supplemented, or modified in whole or in part except by an instrument in writing signed by the party or parties against whom enforcement of any such amendment, supplement, or modification is sought. This Contract will be construed in accordance with the laws of the state of Washington, without application of its choice-of-law principles. No person, other than The Broker's transportation agencies and other agents, shall be deemed to possess any third-party beneficiary right pursuant to this Contract. It is the intent of the parties hereto that no direct benefit to any third party, other than The Broker's transportation agencies and other agents, is intended or implied by the execution of this Contract. The Broker's transportation agent and other agents are express third-party beneficiaries of the terms of this Contract. The client agrees to have their respective insurance companies that issue property damage insurance waive any rights of subrogation that those companies may have against the Broker as Carrier company's insurance covers those matters under contract.
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