SERVICE AGREEMENT FOR VEHICLE TRANSPORT ARRANGEMENT
This Agreement is made and entered into between:
Over Fracht LLC, a logistics broker registered in California, USA, and licensed by the Federal Motor Carrier Safety Administration (FMCSA), hereinafter referred to as the “Broker”,
and
The party hereinafter referred to as the “Client“, who authorizes the Broker to arrange the transportation of their vehicle.
Together referred to as the “Parties”.
1. Subject of the Agreement
The Client authorizes, and the Broker undertakes, to select and engage a licensed motor carrier (hereinafter referred to as the “Carrier”) to transport the Client’s vehicle within the United States or by international route.
The Broker is not a carrier, does not perform physical transportation, and is not liable for the Carrier’s actions beyond selection and information transfer.
2. Definitions
- Carrier: A licensed transportation company that physically transports the Client’s vehicle.
- Bill of Lading (BOL): A document signed upon pickup/delivery recording the condition of the vehicle.
- FAD (First Available Date): The first available date for vehicle pickup.
- Order Confirmation / Rate Confirmation: Confirmation of the transport price and terms.
- Order: The Client’s confirmed details of the vehicle, route, dates, and transport type.
3. Acceptance of Terms
Submitting an order on the Broker’s website, by phone, or email constitutes the Client’s acceptance of this Agreement. Upon confirmation, the Client shall pay the required portion of the fee as specified by the Broker.
4. Broker Services
The Broker shall:
- Select a Carrier licensed with DOT/FMCSA;
- Notify the Client of the Carrier’s name, pickup date, and contact details;
- Transfer all necessary order details to the Carrier; liProvide license and insurance documentation of the Carrier upon request.
5. Broker’s Limited Liability
The Broker shall not be held liable for:
- Delays, damage, or losses caused by the Carrier;
- Contents of the vehicle or personal items left inside;
- Carrier’s failure to fulfill their obligations.
In the event of a claim, the Broker shall:
- Provide the Carrier’s contact details;
- Provide documents required for filing an insurance claim;
- Assist, but not guarantee, compensation from the Carrier.
6. Client Obligations
The Client agrees to:
- Provide accurate information about the vehicle: model, size, condition, operability;
- Specify correct pickup and delivery addresses;
- Ensure the presence of a person 18+ years old for pickup/delivery;
- Remove personal belongings, alarms, mounted racks, toll devices;
- Prepare the vehicle for transport (1/4 to 1/2 tank of fuel, working condition).
7. Payment
- Payment is structured as:
- a broker fee (charged or authorized upon Carrier assignment),
- the balance — paid in cash or certified check to the Carrier upon delivery.
- Payment methods: debit/credit card, Zelle, ACH, cash (on delivery), or as agreed.
- If payment is refused — the Carrier may hold the vehicle until full payment is made.
8. Order Confirmation and Dispatch
The Client will receive notification of Carrier assignment, estimated pickup/delivery dates, transport type, and driver’s name by email, phone, or SMS.
9. Pickup and Delivery
- The Carrier will load the vehicle as close as legally and safely possible to the provided address.
- If access is restricted (narrow streets, low branches, weight limits), the Client must provide an alternative location or contact person.
- A BOL with photos must be completed before pickup and after delivery.
10. Damage and Claims
- All damages must be noted on the BOL at delivery.
- Claims without noted damage on BOL will not be accepted.
- Claims for loss or damage must be submitted directly to the Carrier or their insurer.
The Broker may provide copies of documents but is not a party to insurance disputes.
11. Insurance
- The Broker only works with Carriers that have valid insurance under FMCSA standards:
- Minimum $1,000,000 liability insurance;
- Minimum $100,000 cargo insurance.
- All claims must be submitted directly to the Carrier or their insurance provider.
- The Client has the right to request a copy of the Carrier’s insurance policy before pickup.
12. Force Majeure
The Broker is not responsible for transportation delays or failure due to:
- Weather conditions;
- Traffic congestion;
- Strikes or protests;
- Accidents or equipment failures;
- Actions of third parties beyond the Broker’s control.
13. Cancellations and Changes
- Cancellation before Carrier assignment — subject to a minimum fee from $50.
- Cancellation after Carrier assignment — full broker fee is charged and non-refundable.
- Cancellation after vehicle pickup — full transport cost is payable by the Client.
- Changes to address, dates, or vehicle — allowed only before Carrier assignment and may incur additional charges if made later.
14. Double Booking
The Client agrees not to list the same shipment with other brokers.
If double booking is discovered, the Broker has the right to cancel the order without refund of the broker fee.
15. Delay Compensation
If delivery is delayed by 10 days or more, the Broker may offer a rental car reimbursement:
- Up to $30/day;
- Maximum 5 days (total $150);
- With valid receipts from a rental company.
16. Vehicle Disclosure
The Client must provide accurate vehicle details. If the vehicle:
- Is misrepresented in size/type;
- Has undisclosed damages or is inoperable;
- Cannot be picked up as agreed;
The Broker or Carrier may:
- Adjust the rate;
- Delay the pickup;
- Refuse transport without broker fee refund.
Any costs arising from such changes are the Client’s responsibility.
17. Vehicle Contents
Shipping personal items inside the vehicle is allowed only:
- With prior Broker approval;
- Up to 100 lbs (45 kg);
- No restricted/prohibited items (weapons, drugs, alcohol, documents, etc.).
Carrier insurance does not cover personal belongings inside the vehicle.
18. Use of Name or Branding
The Client shall not use the Broker’s name, logo, or trademark:
- In public statements, posts, advertisements, or reviews,
- Without prior written permission from the Broker.
19. Confidentiality
All commercial terms, pricing, routes, and Carrier contact details are confidential.
The Client may not share or use them to bypass the Broker.
20. Electronic Communication
The Parties agree that:
- Documents may be signed electronically (PDF, e-signature, scanned copies);
- Communications via email, SMS, or messaging apps have legal effect.
21. Payment Terms
- Broker fee is charged upon Carrier assignment and is non-refundable.
- The remaining balance is paid by the Client either to the Broker or directly to the Carrier upon delivery:
- Cash, money order, cashier’s check;
- Zelle or ACH if agreed in advance.
- Payment details and total amounts are provided in the Order Confirmation.
22. Refund Policy
- Refunds are allowed only per the cancellation policy (Clause 13).
- If the vehicle is not picked up due to the Broker’s fault — the full amount is refunded.
- All refund requests must be submitted in writing to the Broker’s email.
23. Dispute Resolution
All disputes under this Agreement shall be resolved through:
- Negotiation between the Parties;
- If unresolved — arbitration or litigation in the jurisdiction of the Broker’s registration (unless otherwise agreed).
Class actions are prohibited. Each dispute is handled individually.
24. Indemnification
The Client agrees to:
- Not hold the Broker liable for Carrier’s actions or omissions;
- Reimburse the Broker for any losses (including legal fees) resulting from the Client’s breach of this Agreement.
25. Limitation of Liability
The Broker is not responsible for:
- Vehicle damage;
- Delivery delays;
- Personal belongings in the vehicle;
- Mechanical or electrical issues.
Maximum Broker liability is limited to the broker fee.
26. Legal Force of E-Signatures
Electronic signatures or confirmations by email are as legally valid as handwritten signatures.
27. Severability
If any provision is held invalid, the remaining provisions shall remain in effect.
28. Effective Date
This Agreement takes effect upon:
- Online order submission;
- Verbal or email confirmation;
- Or signed electronic form.
29. Term of Agreement
This Agreement is valid until the transport is completed or officially canceled.
Some clauses (liability, confidentiality, arbitration) remain in effect after delivery.