Vehicle Transport Order Contract

1.1 As used in this Agreement:

1.1.1 “Additional Services” means upgrades and additional services ordered by you such as vehicle top-loading, guaranteed pick up date, covered or enclosed transport, additional personal belongings, etc.

1.1.2 “Bill of Lading” means a document provided by the Carrier to the Customer at delivery documenting the details of the Shipment and its condition, Point of Origin, Destination and other details regarding the Order. Bill of Lading can serve as a receipt or a contract between the Carrier and Customer.

1.1.3 “Carrier” or “Motor Carrier” means a motor carrier of property, as defined at 49 U.S.C. §13102(14), duly licensed by State and/or Federal Department of Transportation, or a carrier of goods by sea pursuant to 46 U.S.C. § 30701.

1.1.4 “Carrier Form” means a receipt, inspection report, Bill of Lading, shipping order or similar document provided by the Carrier at Point of Origin and/or Destination.

1.1.5 “Cash on Delivery” or “C.O.D.” means payment or collect on delivery.

1.1.6 “Customer” or “you” means the individual or other entity ordering the transportation of Shipment.

1.1.7 “Customer’s Agent” means an individual over the age of 18 designated by Customer to act on Customer’s behalf or as an agent.

1.1.8 “Destination” means the Shipment drop off location designated by the Customer or as later modified by mutual agreement between Haulify and Customer prior to delivery.

1.1.9 “Inoperable” means a state or condition in which a Shipment cannot function or be driven for any reason including but not limited to its parts having been removed, altered, damaged or deteriorated such parts include but are not limited to the engine, transmission, wheels, steering mechanism, brakes, tires, etc.

1.1.10 “Haulify”, “we”, “us” or “our” means Haulify LLC, its affiliates and subsidiaries. Haulify operates as a transportation broker as defined in 49 U.S.C. § 13102(2) and is registered with the Federal Motor Carrier Safety Administration under Docket No. MC#1739768 / DOT#4424061. Haulify is licensed by the United States Department of Transportation and arranges motor vehicle transportation by third party Motor Carriers for compensation.  Haulify is not a Motor Carrier. Haulify does not operate or own any transport trucks or equipment or motor carriers.  Haulify’s role as a broker is complete once your Vehicle Transport Order has been accepted by a Carrier, although, we may still communicate with you about the Shipment.  Haulify has a contract with JCT Automotive LLC, also a transportation broker under 49 U.S.C. § 13102(2), through which JCT performs operational broker services on our behalf. We may also work with other third-party service providers and use third-party software, platforms, and applications in connection with our services.

1.1.11 “Vehicle Transport Order” means Customer’s request for Haulify to arrange for the transportation of Customer’s Shipment.

1.1.12 “Order Confirmation” means written confirmation from Haulify to the Customer confirming the Customer’s Order and other details including but not limited to description of Shipment, Point of Origin, Destination, dates and quoted rate.

1.1.13 “Point of Origin” means the Shipment pick up location designated by Customer or as later modified by mutual agreement between Haulify and Customer prior to transport.

1.1.14 “Shipment” means Customer’s motor vehicle arranged for transportation by a Carrier in accordance with this Agreement.

2.1 Upon your request by submitting a Vehicle Transport Order, we will arrange for the transportation of your motor vehicle by one or more Carriers, subject to this Agreement. We reserve the right, in our sole discretion, to refuse or cancel any Vehicle Transport Order at any time.

2.2 Completion of Our Services.  Our services are considered complete once your Vehicle Transport Order has been accepted by a Carrier.

2.3 Our Role as Broker.  You understand and agree that Haulify: (i) operates solely as a transportation broker; (ii) is not a Motor Carrier or transporter; and (iii) does not represent or hold itself out as providing transportation services.

2.4 No Custody Assumed.  You understand and agree that Haulify does not take custody or possession of your Shipment, nor does Haulify transport or handle the Shipment in any way.  Haulify does not assume any liability for your Shipment.  

2.5 Disclosed Co-Brokerage Authorization. You acknowledge and agree that we may outsource some or all of our brokerage operations to our contractor, JCT Automotive LLC, also a licensed transportation broker, or to other third-party service providers.  You further acknowledge and agree that JCT Automotive LLC may be engaged to perform operational brokerage services and assist in fulfilling any Vehicle Transport Orders you submit. 

2.6 Delivery Estimates and Delays.  We will provide you with an estimated pickup date and an estimated delivery date for your Shipment.  However, you understand and agree that delays may occur before or during transport due to factors beyond our control, including but not limited to weather, road, and traffic conditions, government regulations, mechanical problems, and other unforeseen events.  We CANNOT and DO NOT guarantee delivery dates or times. You understand and agree that we are not responsible or liable for any losses or expenses caused by delays of any kind or for any reason.  We do not participate in the actual transportation of your Shipment.  

3.1 Accuracy of Information. You are solely responsible for ensuring the accuracy of all information provided in the Vehicle Transport Order and Order Confirmation, including but not limited to details about the Shipment (such as the year, make, model, body style, trim, etc.), Point of Origin, Destination, applicable fees, any special instructions included in the Order Confirmation, and, as applicable, on the Carrier’s Form, Bill of Lading, or other required documents. Any corrections or modifications to the Shipment description or to the Vehicle Transport Order may result in additional fees or cancellation of the Vehicle Transport Order.  You hereby waive all claims against Haulify and its affiliates for additional charges or cancellation resulting from any discrepancies between the actual Shipment and the information listed in the Vehicle Transport Order and/or Order Confirmation.   

3.2 Shipment size and Condition. You must inform us about the Shipment’s size and condition at the time of booking and prior to the pickup date. You understand and agree that if the Shipment is or becomes Inoperable during transit, or if the Shipment: (i) is modified from the original equipment manufacturer condition with features such as aftermarket spoilers, lowered chassis, height modifications, etc.; (ii) is oversized due to but not limited to dual or oversized wheels, extra-large tires, roof racks, lifted chassis; or (iii) is a large vehicle such as a limousine or a hearse, then the Carrier may charge additional fees to transport such Shipment or refuse to transport the Shipment altogether.

3.3 Preparing Shipment. You are solely responsible for ensuring that the Shipment is properly prepared for transportation prior to the scheduled pickup date, including but not limited to by securing or removing all loose parts, fragile accessories, low hanging spoilers, etc. and removing all non-permanent, outside mounted luggage racks and other accessories prior to shipment. You understand and agree that the Shipment must be tendered to the Carrier in an operable condition with no more than a quarter tank of fuel. You understand and agree that you are responsible for any damage, injury, or loss to the Shipment, other vehicles, or persons that is caused or contributed to be caused by any part of the Shipment that becomes loose or detached during transportation.

3.4 Alarm. You must disarm any alarm system installed in the Shipment or provide the Carrier with clear written instructions on how to deactivate it, including any necessary keys or passcodes. If the alarm system is triggered during transit and no keys, passcodes, or instructions have been provided, the Carrier may silence alarm by any reasonable means, and you waive any claims against the Carrier (and us) for doing so.

3.5 Personal Property. You may place one suitcase or bag containing personal property in the Shipment, provided it does not exceed one hundred pounds (100 lbs.) and is securely stored in the trunk or designated storage area.  You must notify both Haulify and the Carrier of the inclusion of personal property at the Point of Origin prior to loading.  You acknowledge and agree that the Carrier has the right to reject any personal property if its transport is deemed unsafe or unlawful.  You are strongly advised not to include negotiable instruments, legal documents, jewelry, furs, money, currency, antiques, or other valuable items in the Shipment. Haulify and the Carrier disclaim all liability for any personal items left in the Shipment, regardless of value, or for any damage to the Shipment resulting from excessive or improper loading of such items. Any personal property placed in the Shipment is done so at your sole risk.

3.6 Text Message Consent.  You agree that we and our authorized partners may contact you via automated text messages for service updates and promotional purposes. You may opt out of receiving marketing messages at any time by replying “STOP”.

3.7 Prohibited Items. You are strictly prohibited from including in the Shipment any explosives, firearms, ammunition, weapons, flammable materials, live animals or plants, contraband, illegal drugs or narcotics, alcoholic beverages, or any other illegal goods. You acknowledge and agree that if any such prohibited items are discovered in the Shipment, such items and/or the Shipment may be subject to confiscation or disposal by law enforcement authorities or the Carrier.  In such cases, we and the Carrier reserve the right to cancel the Vehicle Transport Order in its entirety without any refund, credit, or other compensation to you.  You further agree to assume full responsibility for any and all fines, penalties, fees, damages, or liabilities arising from a violation of this Section 3.7, including any legal or enforcement actions taken by government authorities. 

4.1 Legal and Regulatory Compliance.  You represent and warrant that you will comply with all applicable laws, rules, and regulations, including but not limited to customs, import, export, and other governmental requirements of any country, state, county, or municipality through which the Shipment may pass or to which it may be transported. You agree to furnish all information and documentation necessary to ensure compliance with such laws and regulations.  We shall not be liable to you or any third party for any loss, delay, penalty, or expense resulting from your failure to comply with this Section 4.1.  

4.2 Authority to Bind Customer.  Any Customer’s Agent, as well as any entity acting on behalf of Customer, represents and warrants that they are duly authorized to act on Customer’s behalf and have the legal authority to bind Customer.  

5.1 Access & Routing Limitations.  You understand and agree that changes to the Point of Origin and/or Destination may be required due to municipal zoning restrictions, road conditions, closures, low-hanging trees or wires, narrow streets, residential access limitations, or other similar factors.  

5.2 Alternative Point or Origin or Destination.  If the Carrier is unable to access the designated Point of Origin or Destination, you agree to meet the Carrier at an alternative location that allows for the safe pickup or delivery of the Shipment.  The alternative location shall be determined by the Carrier in its sole discretion based on safety, accessibility, and operational feasibility.

5.3 Pickup and Delivery Attendance.  You must be present at both the Point of Origin and the Destination for the pickup and delivery of the Shipment.  If you are unavailable for any reason, you must designate a Customer’s Agent to act on your behalf.  

5.4 Pickup Inspection Procedure.  At the time of pickup at the designated Point of Origin, you or Customer’s Agent agrees to: (i) conduct a thorough inspection of the Shipment with the Carrier for any pre-existing damage; and (ii) confirm 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 the signed document(s) from the Carrier. You or Customer’s Agent is strongly encouraged to photograph the Shipment from all angles at the Point of Origin for your own records.

5.5 Delivery Inspection Requirements.  At the time of delivery at the Destination, you or Customer’s Agent agree to carefully inspect the Shipment in the presence of the Carrier for any potential transit damage.  Any new damage must be clearly documented as an exception on the Bill of Lading. You or Customer’s Agent further agree to sign the Bill of Lading and request a final signed copy from the Carrier, which will serve as the official record of the Shipment’s condition and may be used in the event of a dispute between you and the Carrier regarding or relating to any damage to the Shipment caused during transportation.  

5.6 Final Delivery Acknowledgement.  You understand and agree that if you or Customer’s Agent signs the Carrier’s Form or Bill of Lading at the Destination without noting any damage, regardless of lighting, weather conditions, or other circumstances at the time of inspection, such signature shall constitute confirmation that the Shipment was received in satisfactory condition.  In such cases, neither we nor the Carrier shall have any further responsibility or liability for the Shipment.  

6.1 Carrier Service Obligations.  The Carrier shall: (i) pickup and deliver Customer’s Shipment as close as legally and safely possible to Customer’s door or designated Point of Origin and Destination, and (ii) transport the Shipment in a commercially reasonable manner.

6.2 Carrier Documentation Terms.  The Carrier may issue a Carrier Form, receipt, or Bill of Lading at the Point of Origin and/or Destination. You or Customer’s Agent agree to carefully review any such document, as it may serve as a contract of transportation between you and the Carrier.  You are responsible for contacting the Carrier directly with any questions or disputes related to these documents.  

6.3 Carrier Terms Applicability. You understand and agree that you may also be subject to the Carrier’s separate terms and conditions of service, including any applicable tariffs, rules, or classifications.  It is your responsibility to request copies of these documents directly from the Carrier. 

7.1 Payment Terms & Conditions.  You agree to pay all amounts due in full for each Vehicle Transport Order and any Additional Services in accordance with the terms set forth in the Order Confirmation and this Agreement.  Payment must be made without any offsets, chargebacks, or deductions by you for any actual, pending, or unfiled claims, losses, delays, or damages.  Payment for Haulify’s brokerage services is due when your Vehicle Transport Order has been accepted by a Carrier, as Haulify’s brokerage services are deemed fully rendered at that time.

7.2 Carrier Payment Requirements.  All Cash on Delivery or C.O.D. payments for the balance due to the Carrier must be made on or before delivery of the Shipment.  Acceptable forms of payment include cash, certified funds, cashier’s check, or money order, all made payable directly to the Carrier.  You may not use personal checks, debit cards, or credit cards for any payments to the Carrier.  

7.3 Late Payment Penalties.  Any unpaid invoices for Haulify’s services shall accrue interest at a rate of one and a half percent (1.5%) per month.  You shall also be liable for all costs incurred by us in collecting outstanding amounts, including reasonable attorney’s fees and other collection-related expenses.  

7.4 Storage & Nonpayment Consequences.  If the Shipment is placed in storage due to your refusal to pay fees or accept delivery from the Carrier for any reason, the Shipment may be placed in storage at your expense and subject to the Carrier’s lien for transportation charges until the full outstanding balance is paid. All storage and redelivery charges shall be your sole responsibility, and you agree not to seek reimbursement from Haulify for any such expenses, costs, or charges.

8.1 Order Cancellation Policy.  You may cancel a Vehicle Transport Order at any time without incurring fees, provided the Vehicle Transport Order has not yet been accepted by a Carrier.  If the Vehicle Transport Order is cancelled after the Carrier has accepted your Vehicle Transport Order, whether by you or by us due to your breach of this Agreement, or if the Carrier is unable to pick up the Shipment for any reason upon arrival at the Point of Origin, you agree to pay a minimum cancellation fee of two hundred forty-nine dollars and 00/100 cents ($249.00), as our transportation brokerage services are considered rendered at that point. You further understand and agree that additional cancellation-related charges may apply, including, but not limited to, a dry run fee imposed by the Carrier or other fees from third-party vendors engaged to fulfill the Vehicle Transport Order.  

8.2 Refund Eligibility Policy.  You are entitled to a refund only for the unfulfilled portion of services, if any.  If Additional Services were paid for but not rendered, and the Shipment was nonetheless delivered, your sole remedy shall be a refund of the fees paid for the unfulfilled portion of those Additional Services.  

8.3 Order Cancellation Method.  To cancel a Vehicle Transport Order, you must submit a written cancellation request via email to info@haulify.com.  Cancellations made by telephone, text message, chat, or any other method will not be accepted.   

9.1 Broker Liability Disclaimer.  As a property transportation broker, we are not the Carrier or a motor vehicle carrier and shall not be held liable for any cargo loss or damage claims for any reason. 

9.2 Loss or Damage Claims.  If you have a claim for loss or damage to a Shipment, you acknowledge and agree that the Carrier, not Haulify, is solely liable for such claims.  It is your responsibility to file any claim directly with the Carrier that transported the Shipment.   

9.3 Loss or Damage Claims; Notification to Haulify.  If you choose to file a claim against the Carrier, you must notify Haulify of the claim promptly, and in no event later than forty-eight (48) hours after delivery of the Shipment.  This allows us to provide you with relevant Carrier-related documentation in our possession in a commercially reasonable manner.  

9.4 Governing Law for Loss or Damage Claims.  You are hereby informed and acknowledge 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.

9.5 Force Majeure Disclaimer.  You understand and agree that neither Haulify nor the Carrier shall be liable for any cargo loss or damage resulting from acts or omissions beyond their control, including but not limited to damage caused by weather events (e.g. hail, storms, or other acts of God), riots, strikes, political unrest, acts of terrorism, or issues related to loose, worn, or broken parts of the Shipment, as well as any personal items contained within the Shipment.  

10.1 Customer Indemnification Obligation.  Customer agrees to indemnify, defend, and hold harmless Haulify, its affiliates, and their respective employees, officers, and directors from and against any and all losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses (including reasonable attorney’s fees), and costs, as well as any suits, actions, or claims (whether actual, potential, threatened, or pending) brought by any person or entity, for injury, death, or damage to persons, real or personal property, or the environment arising from or relating to in any manner the acts or omissions of Customer, Customer’s Agent, or other agents, employees, or representatives acting on Customer’s behalf.

11.1 Cumulative Liability Cap.  The total cumulative liability of Haulify for any and all claims or damages, whether arising from statute, contract, tort, or any other legal theory, shall under no circumstances exceed the total fees actually paid by Customer to Haulify for Haulify’s services under the applicable Vehicle Transport Order and Order Confirmation.

11.2 Disclaimer of Warranties.  EXCEPT AS OTHERWISE PROVIDED HEREIN, HAULIFY MAKES NO WARRANTIES WITH RESPECT TO ITS SERVICES AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

11.3 Limitation of Liability.  UNDER NO CIRCUMSTANCES SHALL HAULIFY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, OR LITIGATION), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO A SHIPMENT OR THIS AGREEMENT, EVEN IF HAULIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.1 Arbitration.  Any dispute, controversy, claim, or cause of action between the parties arising out of or relating in any way to this Agreement, a Vehicle Transport Order, Haulify’s services, or any other Customer engagement with Haulify will be resolved by binding arbitration administered by the American Arbitration Association with judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, rather than in court, except that Customer or Haulify may bring suit only in the courts of the State of Michigan or in the United States District Court for the Eastern District of Michigan to (i) enjoin infringement or other misuse of intellectual property rights, or (ii) obtain other injunctive or equitable relief.

12.2 Enforceability.  If the arbitration provision in Section 12.1 is deemed unenforceable by a court of competent jurisdiction, the parties agree that any dispute, controversy, claim, or cause of action shall be brought exclusively in the courts of the State of Michigan or in the United States District Court for the Eastern District of Michigan.

12.3 Required Notice to Haulify.  Before initiating arbitration or any legal proceeding, you must send a written notice to us at least thirty (30) days in advance.  This notice must be personally signed by you and must clearly state your identity, the legal claims being asserted, and the relief you are seeking.  The notice must be sent to: Haulify LLC at 1965 Blue Stone Lane, Commerce Township, Michigan 48390.  Delivery must be made via USPS certified or express mail (signature required), Federal Express, or UPS.

13.1 This Agreement will be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without regard to any conflict of law provisions.  Further, the parties agree to the exclusive jurisdiction of the courts of the State of Michigan or in the United States District Court for the Eastern District of Michigan to resolve any dispute, claim, or controversy that relates to or arises in connection with this Agreement (and any non-contractual disputes and/or claims relating to or arising in connection with it) and that is not subject to mandatory arbitration under Section 12.1 above.

14.1 Nothing in this Agreement or Customer’s use of Haulify’s services shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.

14.2 Assignment. We may assign our rights and obligations under this Agreement, in whole or in part, to any individual or entity at any time without notice. Neither Customer nor Customer’s Agent may not assign any of Customer’s rights or obligations under this Agreement without our prior written consent.  Any attempt to do so without our prior written consent will be null and void.

14.3 Severability.  If any Section or provision of this Agreement is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that Section or provision shall be severed, and the remaining Sections and provisions shall remain in full force and effect.  To the extent permitted by applicable law, you waive any statutory and common law rule that may allow a contract to be construed against its drafter. 

14.4 Section Headings.  Section headings or titles or captions are for convenience only and shall not affect the interpretation of this Agreement.  

14.5 No Waiver. Any failure by us to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of that right or provision.

14.6 Entire Agreement.  This Agreement, together with any terms, conditions, or notices in the documents referenced in this Agreement unless expressly stated otherwise, constitute the entire agreement and understanding between Customer and Haulify concerning the subject matter hereof and supersedes all prior agreements or understandings with respect thereto.  Notwithstanding the foregoing, Customer may also be subject to additional terms, conditions, notices, posted policies (including but not limited to Haulify’s website’s Terms of Use and Privacy Policy), guidelines, or rules that may apply when Customer uses Haulify’s services.

14.7 Acknowledgement of Agreement. Customer represents and warrants that he/she/it has carefully read this Agreement in its entirety, fully understands its terms, and, by proceeding with the transaction, agrees to be bound by them.