THIS BROKER/SHIPPER CONTRACT (the “Contract”) is made between the client signing this Contract (the”Client or shipper ¨) and the company NEWHOPE ENTERPRISES– Mc # 1302733. The Client and NEWHOPE ENTERPRISES agree as follows:
1. Client warrants that HE/SHE is the registered legal owner of the shipment being transported (the”Shipment”), or that Client has been duly authorized by the legal owners to enter into this Contract for transportation of the shipment.
2. In the event that Client cancels this Contract for any reason whatsoever, Client shall pay NEWHOPE ENTERPRISES a cancellation fee which will be a minimum of $100.00, and a maximum of the Reservation Fee, in addition to any other amounts due under this Contract. Additionally, a “dry run” fee of up to $200.00 may be assessed in the event Client is unavailable or unwilling to provide the Shipment for transportation as of the first date of availability as designated on the shipping form.
3. In the event that NEWHOPE ENTERPRISES is not able to get the shipment assigned to a carrier in 7 business days from the first available Date, the Client has the option of keeping the order open or canceling for a full refund of the Reservation Fee. If an order is canceled before the First Available Date, or within 7 days following the First Available Date for any reason, the Reservation Fee is non-refundable. Once a Carrier has been assigned for pickup.
4. Client, upon tender of the Shipment to NEWHOPE ENTERPRISES or its transportation agents, 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, including but not limited to, sums advanced or disbursed by NEWHOPE ENTERPRISES or any of its agents on account of such shipment and any and all costs of collection including costs and reasonable attorney’s fees.
5. Signing the carrier’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 Shipment.
6. Client shall pay any and 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.
7. The Transport Broker’s responsibility for the shipment commences when the bill of lading is issued and signed by the driver and terminates when the shipment is signed for at the destination.
8. NEWHOPE ENTERPRISES or any of its agents shall not be liable for damages, including without limitation any of the following, not caused by their negligence:
9. Trucking damage claims are covered by the carrier, NEWHOPE ENTERPRISES will do its due diligence and help you file the claim with the carrier’s insurance.
10. NEWHOPE ENTERPRISES is a property broker and does not transport vehicles, but, brokers out transportation’s services, therefore should not be liable for any damages to the shipment.
11. The Client shall be responsible for preparing the shipment for transport. All loose parts, fragile or protruding accessories, etc., must be removed and/or properly secured. Any part of the shipment that falls off during transport is the Client’s responsibility, including damages caused to
any other property involved.
12. The Client agrees to indemnify, defend and hold NEWHOPE ENTERPRISES and its agents
harmless for any costs, expenses, damage, losses, and claims caused by the Client’s breach of any warranty or obligation under this Contract.
13. NEWHOPE ENTERPRISES warrants and the client acknowledges that NEWHOPE ENTERPRISES is licensed by the Federal Motor Carrier Safety Administration to broker out transportation services.
14. The transportation company transporting the shipment shall be liable for any and all damage claims arising from the transport. The Client agrees to file all claims with such transportation agent as identified on the transportation agent’s bill of lading/delivery receipt and to bring any legal action for damages against such transportation agent only. The Client agrees to release and hold harmless NEWHOPE ENTERPRISES from any such claims.
15. After the Client makes the shipment available to NEWHOPE ENTERPRISES for transport, NEWHOPE ENTERPRISES shall use its best efforts to deliver the shipment in an expedient manner. However, NEWHOPE ENTERPRISES does not guarantee the date or time of delivery.
16. The Client shall, in its absence, designate someone to act as the Client’s agent at the points of pick up and/or delivery.
17. payment must be completed upon pick up. Pickup and delivery is from your door to door unless residential area restrictions apply.
18. 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.
19. 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.
20. If a carrier is sent out and the vehicle isn’t ready as indicated by the shipper there will be an additional $100.00 rescheduling fee. NEWHOPE ENTERPRISES must be notified, should the shipper be unavailable for pick up or delivery, the shipper must have an alternate representative take his/her place as a shipper. If for any reason the vehicle becomes unavailable during a scheduled pick-up window, after an order has been placed, NEWHOPE ENTERPRISES has the right to cancel the order