Thank you for selecting Monarch Transport Group Inc (“Monarch Transport Group Inc”) as your vehicle transportation provider. By utilizing our services, you and the individual or organization you represent acknowledge and agree to all of the terms and conditions of service (“TERMS”) outlined in this agreement. If there is any inconsistency between these TERMS and any other document, such as a motor carrier bill of lading, tariff or service guide, or any other documents, these TERMS will take precedence and govern your relationship with Monarch Transport Group Inc. These TERMS may only be amended by Monarch Transport Group Inc and cannot be altered by any other party.
“Customer” or “You” means the person or entity that is seeking to ship a vehicle.
“Carrier” means the person or entity that is providing the transportation services.
“Monarch Transport Group Inc” means the company that is providing the brokering services.
Monarch Transport Group Inc agrees to provide the following services to the Customer:
• Locate a Carrier to transport the Customer’s vehicle.
• Negotiate the terms of the transportation contract with the Carrier.
• Facilitate the transportation of the Customer’s vehicle.
The Customer agrees to pay Monarch Transport Group Inc for these services as set forth in Section 3 below.Upon your request, Monarch Transport Group Inc will arrange for the shipping of your belongings by qualified carriers. Monarch Transport Group Inc reserves the right to refuse or cancel any order at any time.
Monarch Transport Group Inc’s services are considered complete when a carrier has accepted your order.
You understand and agree that Monarch Transport Group Inc:
• Is a transportation broker, not a motor carrier or transporter.
• Does not hold itself out as providing the transportation of property.
• Never takes custody or possession of, transports, or handles your belongings.
• Assumes no liability for your belongings.
All ocean transportation arranged by Monarch Transport Group Inc will also be subject to the terms and conditions of the ocean carrier’s bill of lading, tariff, schedules, rates, and rules. Ocean carriers offer limited liability coverage for loss or damage, and you must inquire with the ocean carrier about purchasing additional insurance.
Monarch Transport Group Inc will provide you with an estimated pickup and estimated delivery date, but delays may occur due to weather, road conditions, government regulations, mechanical problems, and other causes beyond Monarch Transport Group Inc’s control. Monarch Transport Group Inc cannot and does not guarantee delivery dates or times. You understand and accept that Monarch Transport Group Inc is not responsible or liable for any losses or expenses caused by delays of any kind or for any reason.
• Full Payment Due
– You agree to pay all amounts due in full for each order and any additional services as per the terms of the order confirmation and these terms without any offsets, chargebacks, or reductions by you for any actual, pending, or unfiled claims, losses, delays, or damages.
– Payment for Monarch Transport Group Inc’s services is due when a carrier accepts an order as Monarch Transport Group Inc’s services have been rendered at that point.
– All payments for the balance due to the carrier for COD must be made on or before the delivery of the shipment in the form of cash, certified funds, cashier’s check, or money order made payable to the carrier. You will not use personal checks, debit, or credit card when making payments to the carrier.
– Any outstanding invoices for Monarch Transport Group Inc’s services shall accrue an interest rate of 1.5% per month and you shall be liable to Monarch Transport Group Inc for all expenses incurred by Monarch Transport Group Inc, plus reasonable attorney’s fees, to collect any outstanding charges.
• Storage
– If shipment is placed in storage due to your refusal to pay the fees or accept delivery from the carrier for any reason, then the shipment may be placed in storage at your expense and subject to the carrier’s lien for transportation charges until you pay in full the outstanding balance. Any and all storage and redelivery charges will be your responsibility and you agree that you will not look to Monarch Transport Group Inc for reimbursement.
• Accuracy of Information
– You agree to provide accurate and complete information about your shipment, including the year, make, model,body style, trim, and any other relevant details. You also agree to update your information if it changes.
– If you provide inaccurate or incomplete information, you may be charged additional fees or your shipment may be
delayed or cancelled.
– You agree to accept responsibility for any losses or expenses caused by inaccurate or incomplete information.
• Shipment Size and Condition
– You agree to notify Monarch Transport Group Inc about the size and condition of your shipment at the time of booking.
– If your shipment is or becomes inoperable during transit, or if it is modified from the original equipment manufacturer (OEM) condition with features including but not limited to aftermarket spoilers, lowered chassis, height modifications, etc., the carrier may charge additional fees to transport it or refuse to transport it altogether.
– If your shipment is oversized due to but not limited to dual or oversized wheels, extra-large tires, racks, lifted chassis, or if it is a large vehicle such as a limousine or a hearse, the carrier may charge additional fees to transport it or refuse to transport it altogether.
• Preparing Shipment
– You agree to prepare your shipment for transportation by securing or removing all loose parts, fragile accessories,low hanging spoilers, etc. prior to shipment.
– You agree to remove all non-permanent, outside mounted luggage and other racks prior to shipment.
– Your shipment must be tendered to the carrier in operable condition with no more than a quarter tank of fuel.
– You agree to accept responsibility for any damages, losses, and claims to your shipment, other vehicles, and/or persons that are caused by any part of your shipment that becomes loose or detached during transit.
– If your shipment has an alarm system, you agree to disarm it or provide clear instructions for disengaging it to the carrier. In the event such alarm is activated during transit, and there are no keys or instructions to turn it off, the carrier may be forced to silence alarm by any reasonable means available and without recourse by you.
• Personal Property
– You may leave one suitcase OR one bag carrying personal property which shall not exceed one hundred pounds (100 lbs.) and must be confined to the trunk or storage area of the shipment.
– You must notify Monarch Transport Group Inc and the carrier of such personal property in the shipment at the point of origin prior to loading of the shipment.
– The carrier has the right to reject any personal property in the shipment if transporting such personal property is unsafe or violates the law.
– You are advised not to leave any negotiable instruments, legal papers, jewelry, furs, money, cash or currency,antiques, or any valuable articles in the shipment.
– The carrier and Monarch Transport Group Inc are not liable for personal items of any kind and value left in the shipment, or for damage to shipment caused by excessive or improper loading of personal items. If you put personal property in the shipment, you do so at your own risk.
• Prohibited Items
– You agree that you are expressly prohibited from loading any explosives, guns, ammunition, weapons, flammable products, live pets, live plants, any contraband, drugs or narcotics, alcoholic beverages, and or any illegal goods in the shipment.
– Upon discovery, such prohibited items and/or the shipment may be confiscated or disposed of by law enforcement, or the carrier and the order may be cancelled.
If the Carrier has not yet accepted the Order, the Customer can cancel it without incurring any cost or cancellation fees. However, if the Carrier has accepted the Order and the Customer cancels it or if Monarch Transport Group Inc cancels the Order due to the Customer’s violation of the terms or if the Carrier is unable to pick up the Shipment at
the Point of Origin, the Customer will be responsible for a minimum of $199. This is because Monarch Transport Group Inc has already provided some of its services at that point. The Customer may also be charged additional cancellation fees, such as a dry run fee imposed by the Carrier or other vendors involved in fulfilling the Order.
If the Customer cancels the Order, they are entitled to a refund for the portion of the services that were not yet fulfilled. If the Customer paid for Additional Services that were not provided for any reason and the Shipment was delivered, the Customer’s only remedy is a refund for the unfulfilled portion of the Additional Services fees.
To cancel an Order, the Customer must send a written email to {Monarchtransportgroup@gmail.com}. Monarch Transport Group Inc will not accept cancellations made through any other means, such as telephone, text, or chat.
You agree to:
• Comply with all applicable laws, rules, and regulations, including but not limited to customs laws, import and export laws, and governmental regulations of any country to, from, through or over which the Shipment may be carried.
• Provide such information and documents as are necessary to comply with applicable laws, rules, and regulations.
• Authorize Monarch Transport Group Inc to act on your behalf in complying with applicable laws, rules, and regulations.
Monarch Transport Group Inc assumes no liability to you or to any other person for any loss or expense due to your failure to comply with this provision. Any of your agents or entities acting on your behalf also agree to warrant that they have the right to act on your behalf and the right to legally bind you.
• Changes to Point of Origin and/or Destination
– If the carrier is unable to access the Point of Origin or Destination, you agree to meet the carrier at an alternate location in order for the carrier to safely pick up or drop off the shipment.
– If you are unavailable for any reason, you may designate a customer’s agent to meet the carrier.
• Pickup at the Point of Origin
– At the time of pickup, you or your agent must inspect the shipment carefully with the carrier for pre-existing damage, and acknowledge the condition of the shipment by:
? Noting any pre-existing damage on the carrier form or bill of lading,
? Signing the carrier form or bill of lading, and
? Requesting a copy of same from the carrier.
– You or your agent are also urged to photograph the shipment from all angles at the Point of Origin.
• Delivery at Destination
– At the time of delivery, you or your agent must carefully inspect the shipment in the presence of the carrier for possible transit damage and clearly notate any new damage as exception on the bill of lading.
– You or your agent must sign and require a final copy of the bill of lading signed by the carrier to serve as a final shipment condition report, especially in case of a dispute with the carrier.
– Again, you or your agent are urged to photograph the shipment from all angles prior to signing the bill of lading.
• Acceptance of Shipment
– By signing the carrier’s form or bill of lading at Destination without any notation of any damage regardless of the lighting or weather conditions at the time of inspection, you or your agent will serve as confirmation that you received the shipment at destination in satisfactory condition and that Monarch Transport Group Inc and the carrier will have
no further responsibility.
• Pickup and Delivery
– The carrier shall pick up and deliver your shipment as close to your door or your designated point of origin and destination as legally and safely possible.
– The carrier shall transport your shipment in a commercially reasonable manner.
• Documents
– The carrier may issue a carrier form, receipt, or bill of lading at the point of origin and/or destination. You or your agent agrees to read such carrier form carefully as it may constitute a contract of transportation as between you and the carrier, and you will contact the carrier directly with any disputes or questions regarding such documents.
• Terms and Conditions
– You understand and agree that you may also be subject to the carrier’s terms and conditions of service, tariffs,
rules, or classification, copies of which must be requested by you directly from the carrier.
When it comes to claims for loss, damage, or delay to a shipment, Monarch Transport Group Inc, as a property transportation broker, cannot be held liable for any cargo loss or damage claims, regardless of the reason.If the Customer has a claim for loss or damage to their shipment, they acknowledge and agree that the Carrier is responsible for all such claims, and not Monarch Transport Group Inc. It is the Customer’s responsibility to file any claim directly with the Carrier who transported the Shipment.
If the Customer decides to file a claim against the Carrier, they must report such claim to Monarch Transport Group Inc promptly and no later than 48 hours after delivery. Monarch Transport Group Inc will then provide the Customer with relevant documents regarding the Carrier in a commercially reasonable manner.
The Customer is advised that claims against motor Carriers are governed by federal law, specifically the Carmack Amendment to the ICC Termination Act of 1995, 49 U.S.C. §14706, and claims against ocean Carriers are usually governed by the Carriage of Goods by Sea Act, 46 U.S.C. §30701. The Customer is encouraged to seek independent legal advice on these laws in the event of a claim, at their sole expense.
The Customer acknowledges and agrees that Monarch Transport Group Inc and the Carrier are not liable for any cargo loss or damage caused by factors outside of their control, including but not limited to damage caused by weather conditions such as hail, storms, or other acts of God, riots, strikes, political unrest, acts of terrorism, or any loose, worn, or broken parts of the shipment, or any personal items in the shipment.
This agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
If any provision of this agreement is held to be invalid or unenforceable, such provision will be struck from the agreement and the remaining provisions will remain in full force and effect.
No waiver of any provision of this agreement will be effective unless in writing and signed by both parties.
Customer agrees to protect, defend, and indemnify Monarch Transport Group Inc, its employees, officers, and directors from any and all losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses (including attorneys’ fees), suits, actions, and claims (whether actual, potential, threatened or pending) arising from the acts or omissions of Customer, its agents, employees, or representatives, including damages for injury or death of persons and/or damage to property, including real property and/or the environment.
If Monarch Transport Group Inc is unable to resolve a Customer dispute, claim, or controversy arising out of or relating to these terms, an Order, Monarch Transport Group Inc’s services, or any other Customer engagement with Monarch Transport Group Inc (“Dispute”), including Disputes that accrued before Customer accepted these terms, then Customer agrees to resolve all such Disputes through mandatory arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.
Under no circumstances shall Monarch Transport Group Inc’s total cumulative liability for any and all claims and damages, whether arising from statute, contract, tort, or otherwise, exceed the total fees paid by Customer to Monarch Transport Group Inc for Monarch Transport Group Inc’s services under the respective Order Confirmation.
Except as provided in these terms, Monarch Transport Group Inc makes no warranties for any of its services and hereby disclaims all warranties or representations, expressed or implied, including any implied warranties of title,non-infringement, merchantability, fitness for a particular purpose or use, and any warranties arising from course of dealing, usage, or trade practice. Monarch Transport Group Inc will not 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 a shipment or these terms, even if advised of the possibility of such damages.
These terms and the parties’ agreement hereunder shall be construed in accordance with Title 49, United States Code, and the laws of the State of Florida. Monarch Transport Group Inc shall be an independent contractor with respect to Customer, and nothing herein contained shall be construed to be inconsistent with such relationship or status. Except as expressly set forth in these terms, Customer may not assign any rights hereunder without Monarch Transport Group Inc’s prior written consent. These terms are binding on and inure to the benefit of the parties and their respective successors and assigns. The invalidity or unenforceability of any provision of these terms shall not affect the validity or enforceability of any other provisions herein. These terms supersede all prior written or oral representations and constitute the entire agreement between Customer and Monarch Transport Group Inc and may not be changed by anyone except Monarch Transport Group Inc. By continuing with the transaction, Customer warrants that they have read these terms in their entirety and fully understands and agrees to them. Customer waives any claims or defenses based in whole or in part on Customer not having read, not knowing, or not understanding these terms.
The headings in this agreement are for convenience only and will not affect its interpretation.
This agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
This agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.