Auto Transport Terms & Conditions (Industry Standards)
Montway Auto Transport is a registered and bonded property broker (MC#611862) and a licensed carrier (MC#615110) with U.S. Department of Transportation. This agreement between the customer, (hereinafter referred to as "Customer"), and Montway Auto Transport allows Montway Inc to contract with another licensed and insured Motor Carrier(s) to transport the vehicle(s) described in this shipping order.
Cancellation & Refund policy
You have the option to cancel the shipping order any time at no cost to you & no cancellation fees, prior to your order has been assigned (dispatched) to a Carrier (transporter)! The amount paid will be refunded in full.
Refunds will be processed within 48 business hours of cancellation request.
Cancellation of your order must be processed ONLY in writing via email sent to firstname.lastname@example.org Montway Auto Transport does not accept/honor cancellations via phone call.
Once a Carrier (transporter) has been assigned (contracted) to your shipping order, Montway Auto Transport notifies the Customer via email (the one provided when you’ve booked our services).
Order(s) booked as "Discounted cash price" - partial payment required:
If the Customer decides to cancel the shipping order after a Carrier (transporter) has been assigned (contracted) the partial payment (deposit) will not be refunded and it will serve as administrative cancellation fee to your order to pay for services rendered.
Order(s) booked as "Regular price" - full payment required:
If the Customer decides to cancel the shipping order after a Carrier (transporter) has been assigned (contracted) an administrative cancellation fee of $159.00 will be assessed to your order to pay for services rendered! The remaining balance will be refunded in full.
Contract Terms and Liability Disclaimer
- Carrier will pick up and deliver as close to your door as legally and as safely as possible. A mutually agreeable place to load or unload may be necessary because of low hanging trees, low hanging wires, narrow streets and residential area restrictions.
- Montway Auto Transport 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. Montway Auto Transport / 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. Montway Auto Transport / Carrier shall not be held liable for failure of mechanical or operating parts of your vehicle.
- Montway Auto Transport / Carrier jointly and separately are authorized to operate and transport his/her or their motor vehicle between its pick up location and the destination set forth on this shipping order-bill of lading.
- Customer must prepare vehicle for transport. All loose parts, fragile accessories, low hanging spoilers, etc. must be removed or secured. Shipper 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 (prefer 1/4 tank).Any part of the vehicle that falls off during transport is the Customer's responsibility including damages caused by said part to any vehicles(s) and/or person involved.
- 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 in one suitcase OR bag in trunk only, with no heavy articles, and not to exceed 100 lbs.. Carrier and Montway Auto Transport is not liable for personal items left in vehicle, nor for damage caused to vehicle from 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 Montway Auto Transport / Carrier may confiscate or dispose of said items with no remuneration. Montway Auto Transport and 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.
- International orders, the car must be empty except for factory installed equipment. Indicate serial #, and give car's approximate value in U.S. dollars. Shipper 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 Port will be subject to additional charge of $100.00! The booked price on our website http://www.montway.com doesn't include that extra charge of $100.00
- If the vehicle is inoperable or oversize (dual or oversize wheels, extra-large, racks, lifted, limo, etc.), Customer must inquire as to extra charges. If Montway Auto Transport is not advised of inoperable or oversized / modified vehicles prior to pick-up, all extra charges must be paid in cash or money order upon delivery.
- The Customer agrees that Montway Auto Transport has the right to reject (cancel) any order for any reason at any time.
- 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. The Carrier and Customer will both acknowledge the condition of the vehicle and Customer will sign and receive a copy of the bill of lading.
- At the time of delivery, Customer and Carrier will carefully inspect the vehicle for transportation damages. The 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 the Customer, regardless of weather or time of day. Signing the bill of lading and inspection report without notation of any damage verifies that Customer has received vehicle(s) in satisfactory condition, and that Montway Auto Transport, Carrier, and their agents are relieved of any further responsibility. Trucking damage claims are covered by a minimum of 3/4 of million dollars public liability and property damage. All claims must be submitted in writing within 24 hours of delivery. Montway Auto Transport will share the carrier insurance policy upon request.
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:
a) Claims and payment of freight charges are two entirely different transactions.
b) ICC regulations prohibit withholding payment of freight bills because of a pending claim (Administrative Ruling No. 128)
c) 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.
- Carrier accepts responsibility of vehicle after pre-inspection is done and is signed by the Customer. Carrier responsibility will end when the vehicle is delivered and Customer signs final inspection.
- Montway Auto Transport / 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/item.
- The 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/deposit due to Montway Auto Transport / Carrier in full and will not try to offset any dispute for damage claims and/or delays etc from freight (transport) charges! It is the Customer's responsibility to have any payment due when the Carrier arrives, unless the balance has been prepaid 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 car carrier (trucker) and not - Montway Auto Transport. Personal checks, debit or credit cards for orders booked as "Discounted cash price" will NOT be accepted for the remaining balance - No exceptions! The Customer agrees that if the payment cannot be made by these methods, the vehicle/item will be stored at the Customer's expense until Customer pays in full all transport charges. Should the Customer be unable to accept delivery for any reason, the vehicle/item will be placed in storage. Any and all storage and re-delivery charges will be the responsibility of the Customer.
- This Agreement shall be construed in accordance with the laws of the State of Illinois.
- The parties here agree that all actions or proceedings arising in connection with 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 the Cook county, in the State of Illinois. 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.
This agreement and any shipment here under is subject to all terms and conditions of the carrier's tariff and the uniform straight bill of lading, copies of which are available at the office of the carrier.
This supersedes all prior written or oral representation of Montway Auto Transport and constitutes the entire agreement between Customer and Montway Inc and may not be changed except in writing signed by an officer of Montway Auto Transport.
Montway Auto Transport U.S. Department of Transportation Broker's license number is 611862 and Carrier's license number is 615110.