1. The scope of the Agreement
The Agreement covers the transport of Shipper’s products.
2. Duration of the Agreement, termination
The Agreement is ongoing.
3. Prices and price adjustment
All prices are stated, not including TAXES.
The Shipper is responsible for setting the price.
4. Payment terms
The Shipper enters card information in Stripe (payment service provider). The amount is reserved until the item is delivered.
5. Transport document / documentation
By transport, document is meant electronic consignment note notification. The Driver is responsible for correct and necessary information in the transport document. The following information must appear:
• Shipper’s name and address
• Recipient’s name and delivery address
• Packages Details & verification on what is being shipped
• Before & after photos of the item being delivered with recipient signature
The Shipper is responsible for making sure the item being shipped by the Driver is packaged well. Empty Loads has no obligation of inspection or responsibility for the goods being satisfactorily packaged. Suppose goods are sent with missing or defective packaging. In that case, the DRIVER is not obliged to pay compensation for damage due to stresses in the transport route if the damage could have been avoided if the goods had been adequately packaged.
DRIVER is responsible for checking that the items are packaged well enough upon pickup.
7. Pickup and delivery
Pick-up and delivery time is set after an offer to ship is agreed by both Shipper & Driver.
Loading and unloading the item has to be agreed upon before Driver arrives to pick up item(s).
8.Transport of temperature-controlled item(s)
When transporting temperature-controlled item(s), the Shipper is responsible for providing the correct information about the temperature for the Driver to agree to deliver.
Empty Loads assumes no responsibility for damage or impairment that may arise as a result of the goods being transported below the originally stated temperature.
The Driver does is not required to cool or heat goods during transport unless this has been agreed in writing in the individual case. The individual Driver is not authorized to enter into such an agreement. An agreement to cool or heat goods can not be entered into by endorsement on the consignment note.
If it is agreed in writing that Driver will cool down or heat goods during transport, this is at the Shipper’s risk. The Driver can not guarantee that the goods upon delivery will have the desired temperature and does not assume responsibility for any damage resulting from such cooling or heating.
Anyone who wants to claim that the goods are delayed, damaged or that the consignment is not complete must complain following the provisions of the Road Freight Act
10. Delay, damage, loss, and shortage
Empty Load acts as an intermediary of transport services and has no responsibility for delays, damage, loss, or defects that may arise in connection with the transport.
11. Especially about the sender’s insurance needs
As stated in this Agreement, Driver’s transport liability is limited in accordance with the Road Freight Act, and any other rules, and Empty Load’s own insurances do not cover liability beyond what follows from these provisions. For this reason, contractors often need to take out their own transport, goods and / or storage insurance, especially for the transport / storage of temperature-regulated goods that can be easily perishable and subject to damage.
12 Force Majeure
Should an extraordinary situation (Force Majeure) arise, which neither party could reasonably foresee at the conclusion of this Agreement, or which arises outside the parties’ control during the agreement period, and which prevents the fulfillment of this Agreement, the affected party is released from its obligations and liability under this Agreement, for as long as the extraordinary situation lasts.
Extraordinary situations (Force Majeure) include mobilization, war, civil war, vandalism, sabotage, strikes, lockouts, legal or illegal blockades, earthquakes, floods, landslides, hurricanes or other natural disasters, fires, explosions, embargoes, imports and / or or export restrictions, lack of oil or electricity, theft, robbery, vandalism, collision / traffic accident (where the Driver is not at fault), general traffic ban or restrictions imposed by public authorities in connection with, for example, accidents or terrorist suspicions, or other unforeseen accidents outside control of the parties to this Agreement, or the parties’ subcontractors.
Each party bears its own costs in connection with a Force Majeure situation.
13.Laws and regulations
When implementing the transport agreement, the following applies:
• Road Freight Contracts Act
Federal Aviation Administration (FAA) …
Federal Highway Administration (FHWA) …
Federal Motor Carrier Safety Administration (FMCSA) …
Federal Railroad Administration (FRA) …
Federal Transit Administration (FTA) …
National Highway Traffic Safety Administration (NHTSA
• The Generalization Act and regulations on the generalization of collective agreements for freight transport by road
14. Termination of the Agreement
If one of the parties materially breaches the Agreement, the other party may terminate the Agreement with immediate effect.
15. Disputes and choice of law
Disagreements or conflicts between the parties regarding the content or implementation of this Agreement shall be resolved through negotiations. If such negotiations do not succeed, disputes shall be resolved in accordance with Federal law in the ordinary courts, with Montana as the agreed State.