Document Reference: CARRIER-TC-012026
These Carrier Terms and Conditions (“Agreement”) govern the relationship between Transcar Auto Shippers, Inc. (“Broker” or “Transcar”), a licensed property broker under MC# 179012, and the motor carrier (“Carrier”) accepting loads f rom Transcar. By accepting any load f rom Transcar, Carrier agrees to be bound by these terms and conditions in their entirety.
ACCEPTANCE OF LOAD CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
1. CARRIER QUALIFICATIONS AND AUTHORITY
Carrier represents and warrants that it:
- Holds valid operating authority issued by the Federal Motor Carrier Safety Administration (FMCSA) and is registered as a motor carrier
- Maintains a “Satisfactory” or better safety rating with the FMCSA, or is “Unrated” with no adverse safety history
- Maintains all required licenses, permits, and registrations for interstate and intrastate transportation
- Complies with all applicable federal, state, and local laws, rules, and regulations, including but not limited to FMCSA regulations, DOT requirements, and Hours of Service rules
- Employs only qualified, properly licensed drivers who have passed all required drug and alcohol testing
- Will immediately notify Transcar of any change in authority status, insurance coverage, safety rating, or any event that materially affects Carrier’s ability to perform transportation services
2. INSURANCE REQUIREMENTS
Carrier shall maintain, at its sole expense, the following minimum insurance coverage:
- Auto Liability Insurance: Minimum $1,000,000 combined single limit per occurrence
- Motor Truck Cargo Insurance: Minimum $100,000 per vehicle / $250,000 per occurrence, with no exclusion for unattended vehicles
- Workers’ Compensation: As required by law in all states of operation
- General Liability: Minimum $1,000,000 per occurrence
All insurance policies shall name Transcar Auto Shippers, Inc. as an Additional Insured and Certificate Holder. Carrier shall provide Certificates of Insurance upon request and shall provide thirty (30) days’ advance written notice of cancellation, non-renewal, or material change in coverage.
Carrier’s insurance shall be primary and non-contributory. Failure to maintain required insurance coverage shall be grounds for immediate termination and withholding of all payments.
3. INDEPENDENT CONTRACTOR STATUS
Carrier is an independent contractor and not an employee, agent, partner, or joint venturer of Transcar. Carrier shall have exclusive control over its employees, drivers, equipment, and operations. Carrier is solely responsible for all employment-related taxes, benefits, workers’ compensation, and compliance with employment laws.
Nothing in this Agreement creates an employment relationship between Transcar and Carrier or Carrier’s employees or drivers.
4. PROHIBITED ACTIVITIES
DOUBLE BROKERING STRICTLY PROHIBITED: Carrier shall not re-broker, co-broker, subcontract, assign, or interline any shipment tendered by Transcar to any other carrier, broker, or third party without prior written consent f rom Transcar. Violation of this provision shall result in:
- Immediate forfeiture of all payments for affected shipments
- Carrier liability for all damages, claims, and losses resulting f rom unauthorized re-brokering
- Immediate termination of Carrier’s relationship with Transcar
- Potential legal action for breach of contract and f raud
5. EQUIPMENT REQUIREMENTS
Carrier shall provide safe, clean, and properly maintained equipment suitable for transporting vehicles. All equipment must:
- Meet all DOT and FMCSA safety requirements
- Be properly equipped with functioning tie-downs, straps, and wheel chocks
- Have adequate capacity for the assigned load
- Display current registration, inspection stickers, and required placards
- Be equipped with adequate cargo insurance decals as required by law
6. VEHICLE INSPECTION REQUIREMENTS
COMPLETE INSPECTIONS ARE REQUIRED FOR PAYMENT – NO EXCEPTIONS!
Due to the rising number of drivers not completing proper inspections, claims are being filed that the transporter is liable for. To protect both Carrier and Transcar, the following inspection requirements are MANDATORY:
- SuperDispatch BOL App Required:
- Drivers MUST use the SuperDispatch BOL App for all vehicle inspections
- ALL existing damages must be noted on the inspection report – no exceptions
- A minimum of SIX (6) photographs must be taken at pickup and SIX (6) at delivery
- Photos must clearly show all sides of the vehicle, roof, and any existing damage
- The inspection report MUST be signed and dated by the customer at both pickup AND delivery
- Consequences for Non-Compliance:
- BLANK OR INCOMPLETE INSPECTIONS: $100.00 will be deducted from the agreed rate for any blank or incomplete inspection submitted
- Missing photos, missing signatures, or failure to note existing damage will be considered an incomplete inspection
- Repeated failure to complete proper inspections will result in removal f rom Transcar’s carrier network
7. PAYMENT TERMS AND CONDITIONS
Standard Payment Terms:
Invoices will be paid within THREE (3) BUSINESS DAYS of date received IF AND ONLY IF the following conditions are met:
- Complete inspection performed through SuperDispatch BOL App
- All existing damages noted on inspection report
- Minimum of 6 photos taken at pickup and 6 photos at delivery
- Customer signature obtained at pickup and delivery
- Vehicle delivered within agreed-upon transit time
Delayed Payment:
If an incomplete inspection report is submitted, payment will be DELAYED until Transcar receives confirmation from the customer that there is no damage claim. This delay may extend payment up to thirty
(30) days or longer depending on customer response.
Payment Withholding:
If damages occur during shipment, payment will be WITHHELD until the damage claim is fully resolved. Transcar reserves the right to deduct the cost of damage repairs f rom Carrier’s payment if Carrier is found liable for the damage.
Rate Adjustments:
Prolonged and late transit times could result in a price adjustment and discount to the customer, which may be deducted from Carrier’s rate. Carrier will be notified of any such adjustments.
8. TRANSIT TIMES AND COMMUNICATION
PLEASE USE REALISTIC TRANSIT TIMES – THEY WILL BE GIVEN TO OUR CUSTOMERS!
When accepting a load, Carrier must provide an accurate and realistic estimated delivery date. This date will be communicated to the customer and sets their expectations.
- Communication Requirements:
IF YOU ENCOUNTER DELAYS OR PROBLEMS, YOU MUST ADVISE TRANSCAR AND THE CUSTOMER ASAP!
- Notify Transcar immediately of any mechanical breakdowns, accidents, or other delays
- Provide updated ETAs when delivery will be delayed
- Respond to Transcar communications within a reasonable time (same business day)
- Failure to communicate delays may result in rate reductions and removal f rom carrier network
9. PICKUP AND DELIVERY PROCEDURES
- Pickup:
- Carrier must contact customer 24 hours in advance to confirm pickup appointment
- Carrier must arrive within the agreed pickup window
- Carrier has the right to refuse vehicles that are not in the condition represented (non-running when quoted as running, different vehicle than ordered, )
- Carrier must immediately notify Transcar if vehicle cannot be picked up as scheduled
- Delivery:
- Carrier must contact customer 24 hours in advance to confirm delivery appointment
- Delivery must be made to the address specified on the dispatch sheet
- If customer is not available, Carrier must contact Transcar for instructions – DO NOT leave vehicle unattended
- Obtain customer signature on delivery inspection before departing
10. CARGO LIABILITY AND CLAIMS
Carrier assumes full liability for loss or damage to cargo f rom the time of pickup until delivery, except for:
- Acts of God (weather, earthquakes, )
- Acts of war or terrorism
- Pre-existing damage properly documented on the pickup inspection
- Inherent mechanical defects of the vehicle
Claims Process: In the event of a damage claim, Carrier agrees to cooperate fully with Transcar and the customer in investigating and resolving the claim. Carrier shall provide all documentation, photos, and information requested within f ive (5) business days.
Right to Offset: Transcar reserves the right to offset any damage claims, deductibles, or other amounts owed by Carrier against payments due to Carrier for this or any other shipment.
11. INDEMNIFICATION
Carrier shall defend, indemnify, and hold harmless Transcar, its officers, directors, employees, and agents f rom and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising f rom or related to: (a) Carrier’s performance or failure to perform under this Agreement; (b) any act or omission of Carrier or its employees, drivers, or agents; (c) any breach of this Agreement by Carrier; (d) any cargo loss or damage; (e) any personal injury or property damage caused by Carrier; or (f ) any violation of law by Carrier.
12. CONFIDENTIALITY AND NON-SOLICITATION
- Confidentiality: All customer information, rates, business practices, and other information provided by Transcar is Carrier shall not disclose any such information to third parties or use it for any purpose other than performing services for Transcar.
- Non-Solicitation: Carrier agrees not to solicit or accept business directly f rom any customer of Transcar for a period of two (2) years following the last shipment performed for Violation of this provision shall result in liquidated damages equal to 25% of the gross revenue f rom any diverted business, plus Transcar’s costs of enforcement including attorney’s fees.
13. TERMINATION
Either party may terminate this Agreement at any time with or without cause by providing written notice to the other party. Termination shall not affect:
- Carrier’s obligation to complete any loads already in transit
- Either party’s rights or obligations with respect to shipments completed prior to termination
- The confidentiality and non-solicitation provisions, which shall survive termination
- Any indemnification obligations
14. FORCE MAJEURE
Neither party shall be liable for delays or failures in performance resulting f rom causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, government actions, labor disputes, or severe weather conditions. The affected party shall promptly notify the other party and use commercially reasonable efforts to resume performance.
15. GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. To the extent applicable, the provisions of 49 U.S.C. § 14101(b)(1) shall apply.
Dispute Resolution: Any dispute arising f rom or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association in Tarrant County, Texas. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs. CARRIER WAIVES ANY RIGHT TO A JURY TRIAL.
16. MISCELLANEOUS PROVISIONS
- Assignment: Carrier shall not assign or transfer this Agreement or any rights or obligations hereunder without Transcar’s prior written consent.
- Entire Agreement: This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements and
- Amendments: Transcar reserves the right to amend these Terms and Conditions at any Continued acceptance of loads after amendment constitutes acceptance of the amended terms.
- Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and
- Waiver: Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
