Terms & Conditions
AUTO TRANSPORTATION BROKERAGE AGREEMENT
This Auto Transportation Brokerage Agreement (“Agreement”) is entered into on the date indicated on the invoice between Premium Auto Transportation LLC, a federally licensed property broker (“Broker”), and the individual or entity requesting brokerage services (“Shipper”). The motor carrier that physically transports the vehicle is referred to as the “Carrier.”
Broker is licensed by the Federal Motor Carrier Safety Administration (“FMCSA”) under MC 1615165 and USDOT 4190979.
BROKER IS A FEDERALLY LICENSED PROPERTY BROKER AND IS NOT A MOTOR CARRIER. BROKER DOES NOT OWN, OPERATE, OR CONTROL ANY TRANSPORT VEHICLES AND DOES NOT PHYSICALLY TRANSPORT VEHICLES. BROKER’S ROLE IS STRICTLY LIMITED TO ARRANGING TRANSPORTATION SERVICES WITH INDEPENDENT, FMCSA-AUTHORIZED MOTOR CARRIERS. BROKER DOES NOT TAKE POSSESSION OF, HAVE CUSTODY OF, OR EXERCISE CONTROL OVER SHIPPER’S VEHICLE AT ANY TIME. ALL TRANSPORTATION SERVICES ARE PERFORMED BY AN INDEPENDENT MOTOR CARRIER. BY ENTERING INTO THIS AGREEMENT, SHIPPER ACKNOWLEDGES AND AGREES THAT BROKER IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, NEGLIGENCE, OR PERFORMANCE OF THE CARRIER, EXCEPT AS REQUIRED BY APPLICABLE FEDERAL LAW.
1. Scope of Services and Broker Status Disclosure
1.1 Broker agrees to arrange transportation of Shipper’s vehicle from the origin to the destination designated by Shipper using independent, FMCSA-authorized motor carriers.
1.2 Broker’s brokerage services shall be deemed rendered and complete upon successful dispatch of an authorized Carrier to the pickup location designated by Shipper, unless the pickup or delivery locations are inaccessible or unsafe as described in Section 8 of this Agreement.
1.3 As a courtesy and without assuming additional liability, Broker may assist Shipper with shipment status updates, communication facilitation, provision of carrier credentials and insurance information, and general guidance regarding claims procedures against the Carrier.
1.4 Any assistance provided under this Agreement shall not expand Broker’s obligations beyond those imposed on brokers under applicable federal law.
1.5 All motor carriers used by Broker are independent contractors and are not employees, agents, partners, or representatives of Broker. Broker does not control the methods, manner, routes, equipment, drivers, or operational decisions of the Carrier.
1.6 Nothing in this Agreement shall be construed to create any agency, partnership, joint venture, or employment relationship between Broker and any Carrier. Carrier is solely responsible for the transportation of the vehicle and for compliance with all applicable federal, state, and local laws and regulations governing motor carriers.
2. Payment Terms and Brokerage Disclosure
2.1 Shipper agrees to pay the total transportation cost as disclosed in the written quote or invoice provided by Broker.
2.2 Broker may require partial payment to confirm booking and/or full payment prior to pickup unless otherwise agreed in writing. Broker may also, with Carrier authorization, collect a portion of transportation charges on behalf of the Carrier to facilitate the transportation process and ensure compliance with dispatch requirements. Such payments may be collected prior to dispatch and may be identified as a secondary payment or carrier payment.
2.3 If Shipper elects to pay by credit card, payment may be collected by Broker. If Shipper elects to pay by cash on delivery, payment may be made directly to the Carrier for transportation charges.
2.4 Any booking fee or service fee charged by Broker shall be deemed earned upon assignment of a Carrier and shall be subject to the cancellation terms of this Agreement.
2.5 Shipper acknowledges and agrees that payment made to Broker is for brokerage and administrative services related to carrier sourcing and coordination, and not for the physical transportation of the vehicle.
2.6 The motor carrier transporting the vehicle shall be solely responsible for any loss, damage, delay, or theft occurring during transportation. Broker shall not be liable for cargo loss or damage except to the extent directly caused by Broker’s own negligence.
3. Price Adjustments
3. Price Adjustments and TruePrice Guarantee
3.1 TruePrice Guarantee
For shipments designated by Broker as eligible for the TruePrice Guarantee, the transportation price confirmed by Broker shall not increase after booking. Any increase in carrier costs, market rates, fuel prices, route demand, or other transportation-related expenses shall be absorbed by Broker. To qualify, the TruePrice Guarantee must be expressly stated on the invoice, quote, order confirmation, or other written communication issued by Broker.
3.2 Standard Market-Based Pricing
For shipments that are not designated as eligible for the TruePrice Guarantee, quoted prices are based on prevailing market conditions, carrier availability, fuel costs, route demand, seasonal fluctuations, and the vehicle information provided by Shipper. While Broker utilizes industry pricing tools, historical shipment data, real-time market analysis, and carrier availability information to provide accurate estimates, transportation rates may fluctuate prior to carrier assignment. Broker does not guarantee that a carrier will accept a shipment at the initially quoted rate. Broker does not benefit from increases in transportation charges, and any approved increase shall be paid to the Carrier performing the transportation services. Shipper agrees that price adjustments resulting solely from market conditions shall not, by themselves, constitute a breach of this Agreement.
3.3 Final Price Confirmation
Final pricing shall be confirmed before Carrier dispatch, and any increase or decrease for non-TruePrice Guarantee shipments shall require Shipper’s consent.
3.4 Advance Notice Requirement
For orders booked with initial payment at least four (4) working days before the scheduled pickup date, Broker shall provide notice at least forty-eight (48) hours prior to pickup if there is a change in price or carrier availability, allowing Shipper an opportunity to make alternate arrangements. If Broker fails to provide such notice within the required timeframe, Shipper shall be entitled to receive double the amount paid in advance.
3.5 Consent to Revised Pricing
Consent to revised pricing may be provided verbally, in writing, by text message, or by email.
3.6 Right to Cancel
If Shipper declines a revised price that was provided at least forty-eight (48) hours prior to pickup, Shipper may cancel the order and receive a full refund of any advance payment.
4. Carrier Verification and Double-Brokerage Prevention
4.1 Upon dispatch, Broker shall provide Shipper with the Carrier’s legal name, USDOT or MC number, and driver contact information.
4.2 Shipper shall verify that the Carrier arriving for pickup matches the information provided by Broker before releasing the vehicle.
4.3 If the information does not match, Shipper shall not release the vehicle and shall immediately notify Broker.
4.4 If Shipper releases the vehicle or signs the Bill of Lading without verification, Broker shall not be responsible for any resulting loss, delay, damage, theft, or fraud.
4.5 Unauthorized Re-Brokerage
Broker arranges transportation with motor carriers that maintain active operating authority and insurance at the time of dispatch. If a motor carrier, without Broker’s knowledge or authorization, transfers, assigns, or re-brokers the shipment to another carrier or third party, such action shall be considered an unauthorized act of the carrier.
4.6 Liability for Unauthorized Carrier Actions
Broker shall not be liable for any loss, damage, delay, theft, or fraud resulting from any unauthorized re-brokerage, subcontracting, or reassignment performed by the motor carrier without Broker’s knowledge or consent, provided Broker exercised reasonable diligence in selecting the carrier.
5. Cancellation, Refund Policy, Authorized Communications and Anti-Impersonation Policy
5.1 All cancellation requests must be submitted in writing to info@premiumautotransportation.com and must include the order ID.
5.2 For orders cancelled at least 48 hours before pickup date, the customer is entitled to receive a full refund, no questions asked. If less than 48 hours are left and no Carrier has been assigned at the time of cancellation, Shipper shall be entitled to a full refund of any amount paid in advance.
5.3 If Shipper cancels after a Carrier has been assigned, Broker may retain a service fee of $249 or the amount paid, whichever is less, to cover administrative costs and potential Truck Order Not Used (“TONU”) charges.
5.4 Pickup dates are estimates only and are not guaranteed. Delays within a reasonable pickup window shall not constitute a breach of this Agreement.
5.5 If Broker is unable to dispatch a Carrier on the agreed pickup date, Shipper may cancel the order and receive a full refund of any advance payment.
5.6 If Shipper elects not to cancel and Broker continues searching for a Carrier, the order shall remain active.
5.7 If no Carrier is dispatched and Shipper becomes unresponsive, Broker shall cancel the order and refund any advance payment after twenty (20) days.
5.8 Official Communication Channels
Shipper acknowledges and agrees that all official communications from Broker shall originate exclusively from the following authorized email domains and addresses:
info@premiumautotransportation.com
dispatch@premiumautotransportation.com
premiumautotranss@gmail.com, which is authorized solely for receiving Zelle payments
Email addresses ending in @premiumautotransportation.com
Except for the authorized Zelle payment email listed above, no other email domains, free-mail accounts including Gmail, Yahoo, Outlook, or similar, messaging applications, social media accounts, or third-party platforms are authorized to bind Broker or modify the terms of this Agreement.
5.9 No Authority Outside Official Channels
Broker shall not be responsible for, and Shipper agrees not to rely upon, any communication, payment instruction, contract modification, dispatch confirmation, or representation that does not originate from an authorized @premiumautotransportation.com email address. Any communication received from phone numbers, email addresses, or messaging accounts not publicly listed on Broker’s official website shall be deemed unauthorized unless independently verified by Shipper through Broker’s main office contact information.
5.10 Verification Requirement
Shipper agrees to independently verify any change in payment instructions, pricing, dispatch information, or contract terms by contacting Broker through an authorized email address listed in Section 5.1 prior to acting in reliance upon such communication. Failure to verify unauthorized communications shall relieve Broker of liability arising from fraud, impersonation, wire fraud, phishing, social engineering, or similar deceptive conduct by third parties.
5.11 No Affiliation with Similarly Named Entities
Shipper acknowledges that Broker, Premium Auto Transportation LLC (MC 1615165 | USDOT 4190979), is a federally licensed property broker and is not affiliated with any motor carrier, brokerage, or transportation company operating in the State of Maryland or elsewhere that may have a similar or confusingly similar name.
Broker shall not be responsible for actions, representations, insurance documents, contracts, or conduct of any unrelated entity using a similar name, whether intentionally or otherwise.
5.12 Impersonation and Fraud Disclaimer
Broker shall not be liable for losses, damages, delays, or disputes resulting from:
(a) impersonation of Broker by third parties,
(b) spoofed email domains or fraudulent phone numbers,
(c) unauthorized individuals claiming to represent Broker, or
(d) fraudulent carriers misrepresenting affiliation with Broker.
Shipper acknowledges that transportation fraud and identity spoofing are industry-wide risks and agrees that Broker’s responsibility is limited to communications originating from its verified corporate domain.
5.13 Binding Authority
Only written communications originating from an authorized @premiumautotransportation.com email address shall have authority to modify pricing, dispatch terms, cancellation terms, or any other provision of this Agreement.
6. Authorized Accounts and Payment Policy, Chargebacks and Payment Disputes
6.1 Shipper acknowledges that Broker provides non-tangible brokerage, sourcing, and administrative services which begin immediately upon order confirmation, including carrier sourcing, market placement, and coordination activities.
6.2 Prior to initiating any chargeback, payment dispute, or reversal with a bank, card issuer, or payment processor, Shipper agrees to submit a written dispute or refund request to Broker at info@premiumautotransportation.com and allow Broker a minimum of three (3) business days to investigate and respond.
6.3 If Broker determines that a refund is due under the terms of this Agreement, Broker shall process the refund within a commercially reasonable timeframe.
6.4 If Shipper initiates a chargeback without first complying with Clause 6.2, Broker may contest the chargeback by submitting this Agreement, invoices, dispatch records, carrier assignment confirmations, and communication logs as evidence that services were rendered.
6.5 Nothing in this Agreement limits Shipper’s rights under applicable card network rules or consumer protection laws; however, this Agreement establishes the agreed dispute resolution process between the parties.
6.6 Shipper shall be responsible for any fees, penalties, or costs imposed on Broker by payment processors, acquiring banks, or card networks arising from chargebacks initiated in bad faith or in violation of this Agreement.
6.7 Nothing in this Agreement shall restrict Shipper’s right to post truthful reviews, opinions, or accounts of their experience. However, Broker reserves all rights and remedies available under applicable law with respect to knowingly false statements of fact, fraudulent reviews, or defamatory content that causes demonstrable harm to Broker’s business, reputation, or operations.
7. Liability and Insurance
7.1 Broker shall not be liable for loss, damage, delay, or theft caused by the Carrier, except to the extent such liability is caused directly by Broker’s own negligence or as otherwise required by applicable law.
7.2 Broker shall confirm, at the time of Carrier dispatch, that the Carrier maintains active insurance coverage as required by applicable FMCSA regulations and that the Carrier’s operating authority is active and valid at the time of dispatch.
7.3 All claims for vehicle damage or loss must be filed directly with the Carrier.
7.4 Broker’s maximum liability, if any, shall not exceed the brokerage fee actually paid by Shipper.
7.5 Claims Involving Stolen or Unauthorized Vehicles
If any vehicle transported under this Agreement is later alleged to be stolen or transported without the consent of the lawful owner, Broker shall not be liable provided Broker acted in good faith in arranging transportation with a duly licensed and insured motor carrier. Any such claims shall be directed to the motor carrier responsible for the shipment.
8. Vehicle Condition and Shipper Responsibilities
8.1 Shipper represents and warrants that the vehicle is operable unless otherwise disclosed and is free from leaks, unsafe modifications, hazardous materials, or conditions that may prevent safe transport.
8.2 Shipper agrees to provide accurate and complete information regarding the vehicle’s condition at the time of booking. Any misrepresentation shall constitute a material breach of this Agreement.
8.3 Shipper is solely responsible for removing all personal belongings from the vehicle and acknowledges that Carriers are not responsible for loss or damage to personal items left in the vehicle.
8.4 Shipper is responsible for documenting vehicle condition at pickup and delivery and for noting any visible damage on the Bill of Lading.
8.5 Shipper is responsible for notifying Broker, prior to dispatch, of any restrictions or accessibility issues at the pickup or delivery locations, including but not limited to narrow streets, low bridges, gated communities, residential restrictions, weight limits, or local regulations prohibiting commercial transport vehicles.
8.6 If a pickup or delivery location is inaccessible or unsafe for the Carrier’s equipment, Shipper agrees to meet the Carrier at a mutually agreed nearby location.
8.7 Shipper agrees that such alternate meeting location may be required within a radius of up to twenty (20) miles from the original pickup or delivery address.
8.8 Failure by Shipper to disclose accessibility issues may result in delays, additional fees imposed by the Carrier, or rescheduling, for which Broker shall not be held responsible.
8.9 Vehicle Ownership and Authorization
Shipper represents and warrants that they are the lawful owner of the vehicle being shipped or have full authorization from the vehicle’s lawful owner to arrange transportation. By placing an order, Shipper certifies that they have the legal authority to release the vehicle for shipment. Broker does not verify ownership, title status, registration, lien status, or authorization of the person requesting transportation and relies solely on Shipper’s representations.
8.10 Misrepresentation of Ownership
Shipper agrees that Broker shall not be liable for any claims, damages, losses, or legal actions arising from shipment of a vehicle that is stolen, fraudulently obtained, subject to ownership dispute, or transported without the true owner’s authorization. Shipper agrees to indemnify and hold Broker harmless from any claims, liabilities, damages, or legal expenses arising from misrepresentation of vehicle ownership or authorization to ship the vehicle.
9. Vehicle Condition, Bill of Lading, and Damage Claims
9.1 Broker does not inspect vehicles and does not prepare condition reports. Broker relies on Shipper and Carrier documentation.
9.2 At pickup, Shipper or Shipper’s authorized representative must inspect the vehicle with the Carrier and ensure all pre-existing visible damage is accurately noted on the Bill of Lading prior to signing.
9.3 The Bill of Lading constitutes the official receipt and condition report for the vehicle at origin and delivery.
9.4 At delivery, Shipper or Shipper’s authorized representative must inspect the vehicle immediately before signing the delivery Bill of Lading. Any newly observed visible damage must be written on the delivery Bill of Lading at the time of delivery.
9.5 Signing the delivery Bill of Lading without noting damage may be treated by the Carrier and its insurer as confirmation that the vehicle was delivered in the same condition as received.
9.6 Broker shall not be responsible for damage claims that are not properly documented on the delivery Bill of Lading at the time of delivery.
9.7 All damage, loss, or delay claims must be filed directly with the Carrier in accordance with the Carrier’s insurance policy requirements and applicable law. Nothing in this Agreement shall be interpreted as making Broker the Carrier or assuming Carrier liability.
9.8 As a courtesy only, Broker may provide Carrier contact and insurance information and may facilitate communications. Such assistance does not create liability and does not make Broker responsible for investigating, adjusting, settling, or paying any claim unless caused directly by Broker’s own negligence.
9.9 Broker’s maximum liability, if any, shall not exceed the brokerage fee actually paid by Shipper, and Broker shall not be liable for diminished value, loss of use, rental car expenses, incidental, special, consequential, exemplary, or punitive damages.
10. Delivery Timeframes
10.1 Transit times are estimates only and may be affected by weather, traffic, mechanical issues, governmental actions, or other circumstances beyond Broker’s control.
10.2 Broker shall not be responsible for Carrier delays once the vehicle is in transit.
11. Force Majeure
11.1 Neither party shall be liable for failure or delay caused by events beyond reasonable control, including acts of God, natural disasters, labor disputes, or governmental actions.
12. Indemnification
12.1 Shipper agrees to indemnify and hold Broker harmless from all claims, damages, losses, or expenses arising from Shipper’s breach of this Agreement, inaccurate vehicle information, failure to disclose accessibility issues, or failure to comply with applicable requirements.
13. Dispute Resolution and Governing Law
13.1 This Agreement shall be governed by applicable federal law and FMCSA regulations, and to the extent not preempted, the laws of the State of Texas.
13.2 Any dispute, claim, or controversy arising out of or relating to this Agreement or the services provided shall be resolved through binding arbitration, except for claims eligible for small-claims court.
13.3 Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules or other applicable AAA rules then in effect. Unless the parties agree otherwise, the arbitration shall take place in Harris County, Texas, and may be conducted by video conference where permitted by the AAA.
13.4 Each party shall be responsible for its own attorney’s fees and costs unless a statute or arbitration rule provides otherwise. The arbitrator may award fees and costs to the prevailing party where permitted by applicable law.
13.5 This Agreement supersedes all prior written or oral communications between the parties.
13.6 If a claim or dispute is determined by the arbitrator or court to have been brought in bad faith, for harassment, or without reasonable legal basis, the party bringing such claim may be responsible for all reasonable attorney’s fees, arbitration costs, and related legal expenses incurred by the other party.
14. Confidentiality
14.1 Broker may share Shipper’s contact and shipment information with Carriers solely for the purpose of arranging transportation.
14.2 All other confidential or proprietary information shall be maintained in confidence.
14.3 Broker’s Privacy Policy, as published on Broker’s website, describes how Broker collects, uses, stores, and shares personal information. By submitting an order, Shipper acknowledges that shipment information may be processed in accordance with Broker’s Privacy Policy, which is incorporated herein by reference.
15. Assignment and Exclusivity
15.1 Shipper grants Broker the exclusive right to arrange transportation for the vehicle during the active order period. Nothing in this Agreement prevents Shipper from obtaining competing quotes prior to booking; however, once an order is submitted and accepted, Broker shall have the exclusive right to arrange transportation for that shipment during the active order period.
15.2 Broker may cancel the order if Shipper engages another broker after booking.
16. Storage, Refusal, and Lien Rights
16.1 If Shipper refuses delivery or fails to pay required charges, the vehicle may be placed in storage at Shipper’s expense and subject to the Carrier’s lien rights.
16.2 Broker shall not be responsible for storage, redelivery, or lien-related costs.
16.3 If Shipper becomes unreachable, fails to provide delivery instructions, refuses delivery, or fails to pay transportation charges, the vehicle may be placed in storage at the direction of the Carrier. All storage charges, redelivery fees, and related costs shall be the sole responsibility of Shipper.
16.4 Broker shall not be responsible for storage charges, vehicle disposition, lien enforcement, or any damages arising from Shipper’s failure to accept delivery, respond to the Carrier, or fulfill payment obligations.
17. Class Action Waiver
17.1 All disputes shall be brought on an individual basis only, and no class or representative actions are permitted.
18. Co-Brokerage Authorization
18.1 Broker may engage other licensed brokers when necessary, including for specialized or cross-border transportation.
19. Entire Agreement; Non-Reliance; Amendments
19.1 This Agreement constitutes the entire and exclusive agreement between Broker and Shipper concerning the subject matter hereof and supersedes all prior or contemporaneous representations, communications, negotiations, proposals, understandings, or agreements, whether written, oral, electronic, or otherwise.
19.2 Shipper acknowledges and agrees that in entering into this Agreement, Shipper has not relied upon any statement, promise, representation, warranty, or assurance made by Broker or any of Broker’s employees, agents, or representatives that is not expressly set forth in this Agreement.
19.3 Any quotes, estimates, advertisements, website content, marketing materials, or verbal statements are for informational purposes only and shall not be deemed binding unless expressly incorporated into this Agreement in writing.
19.4 Shipper agrees that no oral statements, customer service communications, or prior course of dealing shall modify, supplement, or override the express terms of this Agreement.
19.5 Any modification, waiver, or amendment to this Agreement must be in writing and expressly acknowledged by Broker.
19.6 If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
20. Electronic Acceptance and E-SIGN Consent
Shipper agrees that this Agreement may be executed and accepted electronically. By submitting an order, clicking an acceptance checkbox, providing electronic consent, replying affirmatively by text or email, or submitting payment, Shipper acknowledges and agrees that Shipper has reviewed and agrees to be legally bound by this Agreement; Shipper consents to conduct this transaction electronically; electronic signatures, electronic records, and electronic communications shall have the same legal effect as handwritten signatures; and this Agreement satisfies any requirement for a written contract under applicable law, including the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act).
Shipper further agrees that a printed copy of this Agreement and any electronic records shall be admissible in any legal proceeding to the same extent as original business records maintained in documentary form.
Premium Auto Transportation LLC
Suite 370, 1717 Turning Basin Drive
Houston, TX 77029
MC 1615165 | USDOT 4190979