At the time of pickup, 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 Lading.
At the time of delivery, Customer will carefully inspect the vehicle in the presence of the Carrier 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 Montway Inc./Carrier and their agents are relieved of any further responsibility. Carrier damage claims are covered by a minimum of $750,000 public liability and property damage. All claims must be submitted in writing within 24 hours of delivery. Montway Inc. will share the Carrier insurance policy details upon request. Customer agrees that Montway Inc. 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 Montway Inc. is a registered transportation and property broker and is acting solely in the capacity of a broker. Montway Inc. will act as an agent for Customer in arranging for the transportation, however, Montway Inc. does not itself provide transportation or assume carrier or insurance obligations.
Customer allows Montway Inc. to contract with other licensed and insured Motor Carrier(s), (hereinafter referred to as "Carrier"), to transport the vehicle(s) described in the shipping order. Montway Inc. and Carrier reserve the right to use multiple modes of transportation, including but not limited to truck, rail and ship.
All ocean shipments are subject to the terms and conditions of the Oceanic Transporter. The oceanic transporter assumes limited liability for damages and Customer is hereby advised to inquire with the Carrier about purchasing additional insurance prior shipping.
Customer further agrees and understands that Montway Inc.’s sole responsibility in the transaction between the customer and Montway Inc. is to procure a carrier for shipment of the customer’s property. Customer understands that Montway 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:
Limitation of Liability. The total cumulative liability of Montway to Customer for any and all claims and damages, whether arising from statute, contract, tort or otherwise, shall not under any circumstances exceed the total fees paid by Customer to Montway for Montway’s services on the respective order.
- 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 No. 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.
UNDER NO CIRCUMSTANCES WILL MONTWAY 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 AN ORDER OR A SHIPMENT OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.