Thank you for choosing 007 ENTERPRISE LLC for your vehicle’s transport. By using our services, you and the person or entity you represent accept all of the terms and conditions of service (“TERMS”) stated herein. In the event of a conflict between these TERMS and those in any other document, including a motor carrier bill of lading, tariff or service guide, or any other documents, these TERMS will supersede and control as between you and Montway. These TERMS cannot be modified by anyone except for 007 ENTERPRISE.
Please read Section 12. Arbitration carefully which requires arbitration to first resolve any claim that you may have against 007 ENTERPRISE.
1. Definitions
- “Additional Services” means upgrades and additional services ordered by the Customer such as vehicle top-loading, guaranteed pick up date, covered transport, additional personal belongings, etc.
- “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.
- “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.
- “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.
- “C.O.D.” means collect on delivery or payment on delivery.
- “Customer” means the individual, company or other entity, including its agents and representatives, ordering the transportation of Shipment.
- “Customer’s Agent” means an individual over the age of 18 designated by Customer to act on Customer’s behalf or as an agent.
- “Destination” means the Shipment drop off location designated by the Customer or as later modified by mutual agreement between 007 ENTERPRISE and Customer prior to delivery.
- “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 including but not limited to engine, transmission, wheels, steering mechanism, brakes, tires, etc.
- “007 ENTERPRISE” means 007 ENTERPRISE LLC, is a transportation company licensed by the Department of Transportation (DOT), and is registered with the Federal Motor Carrier Safety Administration (FMCSA) under Docket No. MC-1197411-C and/or other government agencies as may be required by law.
- “Order” means Customer’s request for 007 ENTERPRISE to arrange for the transportation of Customer’s Shipment.
- “Order Confirmation” means any written confirmation from 007 ENTERPRISE 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.
- “Point of Origin” means the Shipment pick up location designated by Customer or as later modified by mutual agreement between 007 ENTERPRISE and Customer prior to transport.
- “Shipment” means the Customer’s property — an automobile or motorized vehicle — arranged for transportation in accordance with these TERMS.
2. Services
- Upon Customer’s request, 007 ENTERPRISE will arrange for the transportation of Customer’s Shipment by these TERMS. 007 ENTERPRISE reserves the right, in its sole discretion, to refuse or cancel any Order at any time.
- 007 ENTERPRISE services are deemed completed when customer's. order has been delivered.
- 007 ENTERPRISE shall provide Customer with an estimated pickup and estimated delivery date, however, delays may occur prior to, and/or during transport due to weather or road conditions, government regulations, mechanical problems, and other causes that are beyond 007 ENTERPRISE's control. 007 ENTERPRISE cannot and does not guarantee delivery dates or times. Customer understand and accepts that 007 ENTERPRISE is not - responsible or liable for any losses or expenses caused by delays of any kind or for any reason.
3. Customer’s Responsibilities
- Accuracy of Information. Customer understands and accepts that only Customer is responsible to ensure the accuracy of all of the details including the description of the Shipment (year, make, model, body style, trim, etc.), Point of Origin, Destination, fees, and special instructions in the Order Confirmation, and as applicable, on the Carrier’s Form, Bill of Lading, or other required documents. Any changes or corrections to the Shipment description or any other changes to an Order may result in additional fees or cancellation of the Order. Customer waives all claims against 007 ENTERPRISE for any additional charges or cancellation if the Shipment does not match the Shipment listed in the Order Confirmation.
- Shipment size and condition. Customer must inform Montway about the Shipment’s size and condition at the time of booking and prior to the pick up date. Customer understands and accepts that if the Shipment is or becomes inoperable during the transit, or if the Shipment (i) is modified from the original equipment manufacturer (“OEM”) condition with features including but not limited to aftermarket spoilers, lowered chassis, height modifications, etc., (ii) is oversized due to but not limited to dual or oversized wheels, extra-large tires, racks, lifted chassis (iii) is a large vehicle such as a limousine or a hearse, then the 007 ENTERPRISE may charge additional fees to transport such Shipment or refuse to transport the Shipment altogether.
- Preparing Shipment. Customer understands and accepts that Customer is responsible for preparing the Shipment for transportation. Customer must either secure or remove all loose parts, fragile accessories, low hanging spoilers, etc. prior to shipment. Customer must remove all non-permanent, outside mounted luggage and other racks prior to shipment. Shipment must be tendered to Carrier in operable condition with no more than a quarter tank of fuel. Customer understands and accepts that Customer is responsible for any damages, losses and claims to the Shipment, other vehicles and/or persons which are caused by any part of the Shipment that becomes loose or detached during the transport.
- Alarm. Customer must disarm any alarm system installed in the Shipment or provide clear instructions for disengaging it to the Carrier. In the event such alarm is activated during the transit, and there are no keys or instructions to turn it off, Carrier may be forced to silence alarm by any reasonable means available and without recourse by Customer.
- Personal Property. Customer 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. Customer must notify 007 ENTERPRISE of such personal property in the Shipment at the Point of Origin prior to loading of the Shipment. Customer understands and accepts that the Carrier has the right to reject any personal property in the Shipment if transporting such personal property is unsafe or violates the law. Customer is advised not to leave any negotiable instruments, legal papers, jewelry, furs, money, cash or currency, antiques, or any valuable articles in the Shipment. Customer understands and accepts that the 007 ENTERPRISE is 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 Customer puts personal property in the Shipment, Customer does so at Customer’s own risk.
- Prohibited Items. Customer understands and accepts that Customer is 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. Customer understands and accepts that 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 in entirety without any remuneration or compensation to Customer and Customer will be solely responsible for any fees, fines, damages, or other liabilities arising from a violation of this Section.
4. Customer Warranties
Customer warrants that Customer will comply with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the Shipment may be carried. Customer agrees to furnish such information and documents as are necessary to comply with applicable laws, rules and regulations. 007 ENTERPRISE assumes no liability to Customer or to any other person for any loss or expense due to Customer’s failure to comply with this provision. Any Customer’s Agent and/or entity acting on behalf of Customer also warrants that it has the right to act on behalf of Customer and the right to legally bind Customer.
5. Pickup and Delivery of Shipment
- Customer understands and accepts that a change to Point of Origin and/or Destination may be necessary due to municipal zoning restrictions, road conditions, road closures, low hanging trees, low hanging wires, narrow streets, residential area restrictions, etc.
- If the Carrier is unable to access the Point of Origin or Destination, Customer agrees to meet the Carrier at an alternate location in order for the Carrier to safely pick up or drop off the Shipment.
- Customer must be present at the Point of Origin and Destination for the pickup and/or delivery of a Shipment, or Customer must designate a Customer’s Agent if Customer is unavailable for any reason.
- At the time of pickup at the Point of Origin, Customer or Customer’s Agent agrees to 1) carefully inspect the Shipment with the Carrier for pre-existing damage, and 2) acknowledge the condition of the Shipment by a) noting any pre-existing damage on the Carrier Form or Bill of Lading, b) signing the Carrier Form or Bill of Lading, and c) requesting a copy of same from the Carrier. Customer or Customer’s Agent is also urged to photograph the Shipment from all angles at the Point of Origin.
- At the time of delivery at Destination, Customer or Customer Agent agrees to 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. Customer or Customer’s Agent agrees to 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, Customer or Customer’s Agent is urged to photograph the Shipment from all angles prior to signing the Bill of Lading.
- Customer understands and accepts that Customer’s or Customer Agent’s signing of 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, will serve as confirmation that Customer received the Shipment at destination in satisfactory condition and that 007 ENTERPRISE will have no further responsibility.
6. Carrier Responsibilities
- Carrier shall (i) pick up and deliver Customer’s Shipment as close to Customer’s door or Customer’s designated Point of Origin and Destination as legally and safely possible, and (ii) transport the Shipment in a commercially reasonable manner.
- Carrier may issue a Carrier Form, receipt or Bill of Lading at the Point of Origin and/or Destination. Customer or Customer’s Agent agrees to read such Carrier Form carefully as it may constitute a contract of transportation as between Customer and Carrier, and Customer will contact Carrier directly with any disputes or questions regarding such documents.
- Customer understands and agrees that Customer may also be subject to the Carrier’s terms and conditions of service, tariffs, rules or classification, copies of which must be requested by the Customer directly from the Carrier.
7. Fees and Payment
- Customer agrees 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 Customer for any actual, pending or unfiled claims, losses, delays, or damages. Payment for Montway’s services is due when a Carrier accepts an Order as 007 ENTERPRISE's services have been rendered at that point.
- All payments for the balance due to Carrier for C.O.D. must be made on or before the delivery of Shipment in the form of cash, certified funds, cashier’s check or money order made payable to the Carrier. Customer WILL NOT use personal checks, debit or credit card when making payments to the Carrier.
- Any outstanding invoices for 007 ENTERPRISE’s services shall accrue an interest rate of one and a half percent (1.5%) per month and Customer shall be liable to 007 ENTERPRISE for all expenses incurred by 007 ENTERPRISE, plus reasonable attorney’s fees, to collect any outstanding charges.
- If Shipment is placed in storage due to Customer’s refusal to pay the fees or accept delivery from the Carrier for any reason, then the Shipment may be placed in storage at Customer’s expense and subject to Carrier’s lien for transportation charges until Customer pays in full the outstanding balance. Any and all storage and redelivery charges will be the responsibility of Customer and Customer agrees that Customer will not look to 007 ENTEPRISE for reimbursement.
8. Cancellation and Refund Policy
- Customer may cancel an Order at any time at no cost or cancellation fees as long as the DRIVER is not on route to pick-up the vehicle. If the Order is canceled for any reason after a Carrier is on the way or have arrived at pick-up location, such reasons including but not limited to Customer canceling an Order, 007 ENTERPRISE canceling an Order due to the Customer’s breach of these TERMS or if the Carrier is denied pick up of the Shipment for any reason when the Carrier arrives at the Point of Origin, then the Customer agrees to pay a minimum of one hundred and ninety nine dollars ($199.00) in cancellation fees/ dry run fee as 007 ENTERPRISE's services have been rendered at that point. Customer is entitled to a refund for only the unfulfilled portion of the services. If Additional Services were paid for but not rendered for any reason and the Shipment was delivered, the sole remedy for the Customer shall be a refund for the unfulfilled portion of the Additional Services fees.
- Cancellation of an Order by Customer must be submitted in writing via email sent to 007enterprisellc@gmail.com . Cancellations made via telephone, text, chat or any other medium will not be accepted by 007 ENTERPRISE.