Terms and Conditions for Real Time Transport Brokerage Services
By using the services provided through this customer portal, you (“Shipper”) agree to be bound by the following Terms and Conditions (“Terms”) set forth by Real Time Transport LLC (“Broker”), a licensed transportation broker that arranges vehicle transportation by independent, licensed, and insured motor carriers (“Carriers”). Please read these Terms carefully.
1. Our Services
- Broker Role: Broker arranges for the transportation of your vehicles (“Vehicles”) by contracting independent Carriers based on details in your Transport Order (e.g., Vehicle details, pickup/delivery addresses, VIN, year, make, model, dates, and total rate).
- Independent Contractor: Broker is not your employee or agent and cannot make agreements on your behalf.
- No Direct Transport: Broker does not transport Vehicles or take responsibility for them. Carriers handle all transportation.
- Canceling Orders: To cancel a Transport Order, notify Broker in writing immediately. Broker will inform the Carrier but is not responsible for Carrier actions (e.g., unauthorized pickups) if notice is late or not received by the Carrier.
2. Shipper Responsibilities
- Accurate Information: Provide complete and accurate Vehicle details (e.g., condition, operability, VIN, dimensions, special requirements). Shipper is responsible for any delays or damages due to incorrect information.
- Vehicle Preparation: Prepare Vehicles for transport by removing personal items, securing loose parts, and ensuring they are transport-ready. Broker and Carriers are not liable for damage due to improper preparation.
- Payment:
- Pay the total rate in the Transport Order, which covers all fees for Broker’s services.
- Invoices are sent via QuickBooks upon Vehicle delivery. Payment is due within 7 days (“Net 7”).
- Payments received after 7 days may incur administrative fees. Payments after 15 days are late and accrue a 1.5% per month late fee (or the maximum allowed by law, whichever is lower).
- You are responsible for collection costs, including legal fees, for overdue payments.
- Partial payments are not accepted unless agreed in writing by Broker.
- Shipper must guarantee that the vehicle is 100% ready for pick up prior to scheduling transportation. This includes, but is not limited to, the vehicle being paid for with the funds received by the selling party, all paperwork is finalized and received for both parties, and all keys are ready with the vehicle.
3. Carrier Selection and Responsibilities
- Carrier Vetting: Broker selects licensed, insured, and reputable Carriers with at least the minimum required cargo and liability insurance (typically $100,000 per occurrence in cargo coverage). You may request proof of Carrier insurance.
- Carrier Independence: Carriers are not Broker’s employees. Broker is not liable for Carrier actions, such as delays, damage, loss, or failure to transport.
- Claims: File claims for Vehicle damage, loss, or delays directly with the Carrier. Broker may assist but is not required to and is not responsible for claim outcomes. Shipper must notify Real Time Transport within 24-48 hours of the vehicle being delivered for any damage claims. Real Time Transport pays out all carriers within 1-3 business days after delivery is completed.
4. Liability Limits
- No Vehicle Liability: Broker is not responsible for Vehicle loss, damage, or delays caused by Carriers, acts of God, or other factors. Your remedy is with the Carrier or their insurer.
- No Special Damages: Broker is not liable for indirect losses (e.g., lost profits, business interruption), even if warned of such risks.
- Maximum Liability: Broker’s liability, if any, is limited to the total rate you paid for the Transport Order.
5. Mutual Protection
- Shipper Protection: You agree to cover Broker’s losses, costs, or legal fees caused by your breach of these Terms, incorrect Vehicle information, improper Vehicle preparation, or third-party claims related to your Vehicles.
- Broker’s Protection: Broker will cover your losses caused by Broker’s gross negligence or intentional misconduct.
6. Insurance
- Carrier Insurance: Broker ensures Carriers have required cargo and liability insurance based off the carrier sending the broker their Certificate of Insurance. Details are available upon request.
- Your Insurance: You are responsible for maintaining your own Vehicle insurance (e.g., comprehensive, collision) to cover loss or damage during transport.
7. Term and Cancellation
- Duration: These Terms start when you accept them and continue until either party gives 30 days’ written notice to end them.
- Termination for Cause: Either party can end these Terms immediately if the other breaches a major term and fails to fix it within 10 days of written notice, or if they become insolvent or file for bankruptcy.
- Effect of Termination: You must pay for all services provided before termination. Sections 4, 5, 8, and 9 survive termination.
- Cancellation Fees: If you cancel a Transport Order (except due to Broker’s major breach or insolvency) after a Carrier is assigned, you owe the full rate and any Carrier cancellation or dry run fees.
8. Dispute Resolution
- Governing Law: These Terms are governed by the laws of the United States and the state where Broker’s principal office is located, ignoring conflict of law rules.
- Arbitration: Disputes will be resolved by binding arbitration under the American Arbitration Association’s Commercial Arbitration Rules, conducted in the state of Broker’s principal office or remotely if allowed. The arbitrator’s decision is final, and each party pays its own costs, splitting arbitrator fees equally.
- Court Option: If arbitration is not allowed by law, disputes will be handled in state or federal courts where Broker’s principal office is located. You agree to those courts’ authority.
9. Data Privacy
Broker collects and processes your personal and Vehicle information to arrange transportation, in line with applicable privacy laws and our Privacy Policy. You consent to sharing necessary information with Carriers to fulfill Transport Orders.
10. Miscellaneous
- Entire Agreement: These Terms and Transport Orders are the full agreement between you and Broker, replacing any prior agreements. Your electronic acceptance (e.g., clicking “Accept” or submitting a Transport Order) is binding.
- Amendments: Changes to these Terms must be in writing and signed by both parties.
- Assignment: You need Broker’s written consent to transfer these Terms. Broker may transfer them to an affiliate or successor without your consent.
- Uncontrollable Events: Neither party is liable for delays or failures due to events beyond their control, like natural disasters, war, strikes, or government restrictions.
- Severability: If any part of these Terms is invalid, the rest remain effective.
- Notices: Notices must be in writing, sent via certified mail, overnight courier, or email with receipt confirmation.
- No Third-Party Rights: Only you and Broker (and permitted assigns) have rights under these Terms.
- Confidentiality: The total rate in the Transport Order is your only financial obligation. Broker’s fee structure and your Vehicle/business details are confidential and won’t be shared, except as needed for transport or required by law.
- Updates to Terms: Broker may update these Terms and will notify you of major changes via email or the portal. Continued use after notice means you accept the updated Terms.
By clicking “Accept” or using our services, you confirm you have read, understood, and agree to these Terms and Conditions.