Terms & Conditions
AUTO TRANSPORTATION BROKERAGE AGREEMENT
This Auto Transportation Brokerage Agreement (“Agreement”) is entered into between Premium Auto Transportation LLC, a federally licensed property broker (“Broker”), and the individual or entity requesting brokerage services (“Shipper”). The motor carrier physically transporting the vehicle is referred to as the “Carrier.”
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.
1. Scope of Services and Broker Status Disclosure
1.1 Broker agrees to arrange transportation of Shipper’s vehicle using independent FMCSA-authorized carriers.
1.2 Brokerage services are deemed complete upon successful dispatch of a Carrier.
1.3 Broker may assist with shipment updates, carrier credentials, and claims guidance as a courtesy only.
1.4 Such assistance does not expand Broker obligations beyond applicable federal law.
1.5 All motor carriers are independent contractors and not employees or agents of Broker.
1.6 No agency, partnership, or employment relationship exists between Broker and Carrier.
2. Payment Terms and Brokerage Disclosure
2.1 Shipper agrees to pay the transportation cost shown in the written quote or invoice.
2.2 Broker may require partial or full payment before pickup.
2.3 Credit card payments may be collected by Broker. COD payments may be paid directly to Carrier.
2.4 Booking or service fees are earned upon Carrier assignment.
2.5 Payments made to Broker are for brokerage and administrative services only.
2.6 The Carrier is solely responsible for transportation-related loss, damage, delay, or theft.
3. Vehicle Condition and Shipper Responsibilities
3.1 Shipper warrants that the vehicle is operable unless otherwise disclosed.
3.2 Shipper must provide accurate vehicle information.
3.3 Shipper is responsible for removing personal belongings.
3.4 Shipper must document vehicle condition at pickup and delivery.
3.5 Shipper must disclose accessibility issues at pickup or delivery locations.
3.6 If locations are inaccessible, Shipper agrees to meet Carrier nearby.
3.7 Alternate meeting locations may be up to 20 miles away.
3.8 Failure to disclose accessibility issues may result in delays or extra fees.
3.9 Shipper confirms lawful ownership or authorization to ship the vehicle.
3.10 Broker is not liable for disputes involving stolen or unauthorized vehicles.
4. Carrier Verification and Double-Brokerage Prevention
4.1 Broker shall provide Carrier information upon dispatch.
4.2 Shipper must verify Carrier identity before releasing the vehicle.
4.3 Shipper must notify Broker if Carrier information does not match.
4.4 Broker is not responsible if the vehicle is released without verification.
4.5 Unauthorized re-brokerage by Carrier is prohibited.
4.6 Broker is not liable for unauthorized subcontracting by Carrier.
5. Cancellation, Refund Policy & Authorized Communications
5.1 Cancellation requests must be submitted in writing to info@premiumautotransportation.com.
5.2 If no Carrier is assigned, Shipper is entitled to a full refund.
5.3 If canceled after Carrier assignment, Broker may retain a service fee.
5.4 Pickup dates are estimates and not guaranteed.
5.5 If Broker cannot dispatch a Carrier, Shipper may cancel for a full refund.
5.6 Orders remain active if Shipper chooses not to cancel.
5.7 Unresponsive orders may be canceled after 20 days.
5.8 Official communications only originate from authorized Premium Auto Transportation email addresses.
5.9 Broker is not responsible for unauthorized communications or fraud.
5.10 Shipper must independently verify changes in payment or dispatch instructions.
5.11 Broker is not affiliated with similarly named transportation companies.
5.12 Broker is not liable for impersonation or fraudulent activity by third parties.
5.13 Only official @premiumautotransportation.com emails may modify this Agreement.
6. Chargebacks and Payment Disputes
6.1 Brokerage services begin immediately upon order confirmation.
6.2 Shipper must contact Broker before initiating chargebacks.
6.3 Refunds will be processed within a commercially reasonable timeframe.
6.4 Broker may contest improper chargebacks using dispatch and communication records.
6.5 Consumer protection rights remain unaffected.
6.6 Shipper may be responsible for bad-faith chargeback fees.
7. Liability and Insurance
7.1 Broker is not liable for Carrier-caused loss, damage, delay, or theft.
7.2 Broker verifies Carrier authority and insurance at dispatch.
7.3 Damage claims must be filed directly with Carrier.
7.4 Broker’s maximum liability shall not exceed the brokerage fee paid.
7.5 Claims involving stolen vehicles must be directed to Carrier.
8. Price Adjustments
8.1 Prices are based on market conditions and may change before dispatch.
8.2 Final pricing requires Shipper approval.
8.3 Approval may be provided verbally, by text, or by email.
8.4 If revised pricing is declined, Shipper may cancel for a full refund.
9. Vehicle Condition, Bill of Lading, and Damage Claims
9.1 Broker does not inspect vehicles or create condition reports.
9.2 Vehicle condition must be inspected at pickup.
9.3 The Bill of Lading is the official condition report.
9.4 Damage must be noted before signing at delivery.
9.5 Signing without noting damage may waive claims.
9.6 Broker is not responsible for undocumented claims.
9.7 Claims must be filed directly with Carrier.
9.8 Broker assistance with claims does not create liability.
9.9 Broker is not liable for incidental or consequential damages.
10. Delivery Timeframes
10.1 Transit times are estimates only.
10.2 Broker is not responsible for Carrier delays in transit.
11. Force Majeure
11.1 Neither party is liable for delays caused by events beyond reasonable control.
12. Indemnification
12.1 Shipper agrees to indemnify and hold Broker harmless from related claims and damages.
13. Dispute Resolution and Governing Law
13.1 This Agreement is governed by federal law and Texas law.
13.2 Disputes shall be resolved through binding arbitration.
13.3 Arbitration shall be administered by the American Arbitration Association.
13.4 Each party is responsible for its own legal fees unless otherwise awarded.
13.5 This Agreement supersedes all prior communications.
13.6 Bad-faith claims may result in responsibility for attorney fees and costs.
14. Confidentiality
14.1 Broker may share shipment information with Carriers solely for transportation purposes.
14.2 All other confidential information shall remain protected.
15. Assignment and Exclusivity
15.1 Shipper grants Broker exclusive rights to arrange transportation during the active order period.
15.2 Broker may cancel the order if another broker is engaged.
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.
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).
Printed copies and 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 Dr
Houston, TX 77029
MC 1615165 | USDOT 4190979