Brokers, Dealers, Freight Forwarders, Auctions, Corporate Relocation Specialists, Manufacturers and Rental Agencies. If you are a Member and a broker, dealer, freight forwarder, auction, corporate relocation specialist, manufacturer, rental agency, or other entity that posts vehicles for shipment on the CentralDispatch Site and enters into a business relationship with another Member:
You are solely and fully responsible for abiding by all applicable industry and professional standards, including, without limitation: (1) providing the agreed upon vehicle(s) to carriers at the agreed upon time and price; (2) making prompt payment of outstanding balances owed to carriers; (3) ensuring that the bill of lading accurately reflects the condition of the vehicle at pickup and delivery; (4) providing CentralDispatch with a copy of the signed bill of lading in the event of a dispute with a carrier; (5) removing from view on the CentralDispatch Site loads that you have posted for shipment once an agreement has been made to ship such loads with a carrier; (6) interacting with all parties in a professional and courteous manner; (7) maintaining adequate insurance and applicable licenses and bonds at all times; and (8) complying with all applicable laws, rules, and regulations.
You acknowledge and agree to comply with the following: (1) damage and loss claims against a carrier must be pursued independently of the contracted freight fees; (2) contracted freight fees may not, pursuant to the Interstate Commerce Act (49 U.S.C. § 10761) and related administrative rulings, be withheld or delayed in payment of any claim of damage or loss; (3) valid claims arising from damage or loss during shipment will not be paid until freight charges are paid.
Dealertrack does not enforce or monitor Members’ compliance with: (1) the obligations set out in subsections (a) and (b) above; or (2) any law, regulation, or industry or professional standard. Dealertrack disclaims all responsibility for the conduct of Members generally.
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