General Conditions of Transfers
TRUCK TRANSFER (TT) Terms and conditions
Standard Terms & Conditions
TRUCK TRANSFER INC. | TRUCK TRANSFER (US) INC.
CUSTOMER SERVICES AGREEMENT: AGREEMENT & ASSUMPTION OF RESPONSIBILITY BY CUSTOMER OF THE STATED AND BELOW NOTED TERMS & CONDITIONS GOVERNING SINGLE TRUCK AND EQUIPMENT DELIVERIES
GENERAL ACKNOWLEDGMENT: WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED
TRUCK TRANSFER (TT ) and customer (“Customer”) have not signed and executed a separate agreement pertaining to the services provided by TT, the services described herein and in the TT rate quote or other TT-authorized document (“TT Document”) provided to Customer by TT shall set forth the rights and obligations of TT and Customer, and shall be governed by this Customer Service Agreement (the “Agreement”). This Agreement has been authorized by representatives of TT and Customer as of the date the service was first provided to Customer by TT (the “Effective Date”). The term of this Agreement is for a period commencing on the Effective Date and until such time the services have been terminated. TT may change this Agreement at any time. The Customer must review the Agreement on a regular basis, available for viewing at www.trucktransfer.com. The changed Agreement is in effect immediately. If you do not agree to the terms of the changed Agreement, then you must stop using the Services. If you do not stop using the Services, then your use of the Services will be governed under the terms of the changed Agreement.
Terms of payment on approved accounts are net 21 days from date of invoice. Interest will be charged on overdue accounts at 1.5 percent per month compounded monthly. Customer is responsible for all costs and expenses, including, without limitation, actual attorney’s fees incurred by TT or its agent(s) relating to the collection of delinquent accounts. All vehicles being transported must, as and when required by applicable transportation or other regulatory authority requirements, contain a fully functioning fire extinguisher, first aid kit, and flares or triangles. In the event TT incurs fines due to the lack of necessary safety equipment, fines will be billed to the Customer, plus applicable surcharge.
All vehicles being transported must have mud flaps, fully functioning rear lights, marker lights, turn signals, tail lights, and minimum tire skid depth of 3/32 inches. Any costs incurred in repairing or installing any of the above noted items in order to prepare a vehicle for transport will be the responsibility of the Customer signing below. All repairs or alterations made on behalf of and connected with these items on behalf of the Customer will carry the applicable surcharge. Vehicles should be prepared for the climate conditions of their destination. This includes engine coolant, transmission fluids, and other fluids.
Customer warrants that the size and weight of the vehicle or equipment specified herein comply with applicable transportation or other regulatory authority requirements. In the event the vehicle or equipment is delayed or re-routed as a result of inaccurate size or weight information, the Customer will be liable for all costs incurred.
During the course of transporting any vehicle or series of vehicles, should TT become subject to an enforcement action, resulting from the failure of any such vehicle to pass an inspection by the Canadian Ministry of Transportation or by the American Department of Transportation, which results in TT being required to make a court appearance, Customer acknowledges and agrees that Customer will be responsible for all travel expenses, mileage charges, and an $800.00 per diem labour charge. This fee is calculated for each day the TT employee is in court or while traveling to and from court proceedings.
Should a TT employee, independent contractor, or subcontractor be required to appear before a regulatory agency with regards to a compliance failure of the Customer’s vehicle or court of law to give testimony on Customer’s behalf, Customer acknowledges and agrees that Customer will be responsible for all reasonable travel expenses, mileage charges, and an $800.00 per diem labour charge for each day the TT employee is appearing in court or before a regulatory agency, or while traveling to and from regulatory agency or court proceedings.
All freight invoices are subject to a fuel surcharge. In the event a Customer retracts or withdraws an order from TT, or in the event TT cancels an order by reason of any breach by Customer of its obligations hereunder or otherwise, which TT hereby expressly reserves the right to do, the Customer accepts and acknowledges that the Customer will be completely responsible for all charges and costs incurred up to the point of order cancellation. If TT has incurred costs in connection with the initial order, TT has the right to charge said costs to the Customer plus applicable surcharges. TT may also charge for the local or regional pick up of all units plus the fuel purchased.
TT disclaims any liability for mechanical failure. Partial or complete failure or loss of any of the following components will not be the responsibility of TT unless such failure was a direct result of negligence caused solely by TT, as determined by an industry recognized expert, including, but not limited to: engine, transmission, clutch, bearings, drive line, U-Joints, rear ends, axles, and oil pans.
TT disclaims any liability and responsibility for damage or claims pertaining to road hazard, such as tire or other repairs necessary for delivery. Road hazard damage is damage caused by road debris including, but not limited to stone chips, tires, salt, and sand damage.
All costs related to vehicle breakdowns while the vehicle is in transit or parked or staged at any TT facility will be the sole responsibility of the Customer. Breakdown charges include, but are not limited to, lodging, transportation, roadside repairs, thawing, boosting, towing, driver extraction fees, meals, expired permits, and missed flights. TT will charge the applicable surcharge on all breakdown-related charges incurred or paid for on the Customer’s behalf.
TT reserves the right to charge for idle driver hours due to breakdown, lay-over, or wait time in accordance with the Schedule of Standard Charges.
In the interest of saving time and money, acceptance of TT’s quote and/or contract is the Customer’s pre-authorization to TT to incur up to a maximum of $800.00 plus surcharge in Breakdown Charges (as defined in Paragraph 12 above) deemed necessary by TT to complete delivery. TT will furnish all applicable receipts on completion. The Customer hereby authorizes all necessary repairs and acknowledges this indebtedness for purposes of the Mechanic’s Lien Act, the Consumer Protection Act, and possessory lien statutes of the prevailing jurisdiction.