Terms & Conditions
The following Terms and Conditions constitute a legal contract between Breamway LLC and the Customer, including their authorized representatives (hereinafter referred to as “Customer”). These Terms and Conditions govern any vehicle shipment arranged by the Customer through Breamway LLC.
These Terms and Conditions shall be integrated into and form an integral part of any and all orders placed with Breamway LLC by the owner(s) or agent(s) designated in the Order Form. Breamway LLC is a duly licensed and bonded Transport Broker Company registered with the United States Department of Transportation (USDOT).
The Customer acknowledges that Breamway LLC is a registered transportation broker company and hereby authorizes Breamway LLC to hire licensed and insured Motor Carriers (hereinafter referred to as “Carrier”) to transport the Customer’s vehicle(s), as specified in the shipping Order Form.
Pickup and Delivery
- The Customer acknowledges and agrees that Breamway LLC is authorized to arrange transportation from the pickup location to the specified destination location on the Order Form. Furthermore, the Carrier assigned by Breamway LLC is authorized to transport the Customer’s motor vehicle(s) from the designated pick-up and drop-off locations, which must be specified in the shipping order and Bill of Lading.
- The Carrier shall pick up and deliver the Customer’s vehicle(s) as close to the Customer’s desired locations as possible, in compliance with legal requirements and safety concerns. If necessary, the Customer and Carrier may agree on a new location due to legal concerns (such as restricted areas) or unsafe conditions (such as low hanging trees, hanging wires, narrow streets, etc.).
- Breamway LLC makes no guarantee as to pickup or delivery dates or times. Weather issues, mechanical issues, road delays, or other unforeseen circumstances may cause delays prior to and/or during shipment. As a result, Breamway LLC shall provide the Customer with an estimated but not guaranteed delivery and pickup date.
- Breamway LLC shall not be liable for any costs, damages, or losses incurred as a result of delays of any kind or for any reason. This includes any car rental or other types of lodging fees incurred by the customer. Furthermore, Breamway LLC cannot be held liable for mechanical or operating parts of the Customer’s vehicle failing.
Transportation
- The Customer is responsible for preparing their vehicle(s) for shipment. Before transport, any items that are not permanently attached to the vehicle should be removed. Any loose parts must be removed and/or secured by the customer (such as low hanging spoilers, fragile accessories, etc.) Furthermore, any outside mounted storage or racks must be removed by the Customer. The Customer must also deactivate any alarm systems that are installed in the vehicle. If they do not, they must provide instructions to the Carrier. If they do not provide the Carrier with keys or instructions to turn off an alarm and the alarm sounds, the Carrier has the authority to silence the alarm through any means.Unless otherwise noted in the order or previously discussed, the Customer must present all vehicles to the Carrier in good running condition. If any part of the vehicle falls off during transport, it is the Customer’s responsibility, not the Carrier’s. This includes any damage caused by those parts to any vehicle(s) or person involved.
- Unless otherwise noted in the order or previously discussed, the Customer must present all vehicles to the Carrier in good running condition. If any part of the vehicle falls off during transport, it is the Customer’s responsibility, not the Carrier’s. This includes any damage caused by those parts to any vehicle(s) or person involved.
- Breamway LLC ships vehicles throughout the United States and offers auto shipping services to Alaska, Hawaii, and Puerto Rico via vessels. Therefore, for any Ocean Transport orders, the Customer must completely empty the vehicle(s) of all items other than factory-installed equipment.
- If the vehicle specified on the shipping order is inoperable or oversized (for example, dual or oversized wheels, lifted, racks, extra-large, limo, etc.), the Customer must notify Breamway LLC and inquire about any additional charges that may apply.
- If the Customer is unable to be present at the time of pickup or delivery for any reason, they must appoint someone else to act as their agent. Even if an agent is designated, the Customer understands that all of the same terms and conditions apply.
Personal Property
- The Customer may transport personal property inside the vehicle. In general, if the luggage or property weighs more than 100 pounds, the Customer should speak with the Carrier directly. Personal property left in the vehicle is not covered by the Carrier or Breamway LLC. Furthermore, neither is liable for any vehicle damage caused by excessive or improper loading of said personal property.
- The Carrier will never ship or agree to ship any dangerous or harmful personal belongings in the vehicle of the Customer (s). This includes, but is not limited to, explosives, firearms, ammunition, flammable materials, narcotics, alcoholic beverages, jewelry, money, live pets, furs, live plants, and so on. Essentially, no items that are illegal or dangerous will be transported by the Carrier.
- The Customer agrees that Breamway LLC or the Carrier has the authority to remove and/or dispose of the aforementioned dangerous items. In this case, no compensation will be provided to the Customer. Furthermore, neither the Carrier nor Breamway LLC will be held liable for the delivery of any personal property. If the Customer wishes to leave anything in the vehicle, it does so at his or her own risk.
Damages
- At the time of pickup, both the Customer and the Carrier must thoroughly inspect the vehicle for any pre-existing exterior damage. Following that, they must complete a vehicle inspection report. This report is then written down on the Bill of Lading. Both the Carrier and the Customer must acknowledge and agree on the vehicle’s condition at this time. The Customer must then sign the Bill of Lading. They should be given a copy once it has been signed.
- When the vehicle is delivered, the Customer should thoroughly inspect it again with the Carrier present, looking for any damages that occurred during the transportation process. The Carrier and Customer must then acknowledge and agree on the vehicle’s current condition. Following that, the Customer must sign and receive the final copy of the Bill of Lading.
- Any damages must be written down on the Bill of Lading. The Customer must sign the Bill of Lading after indicating any damages. If the customer signs both the Bill of Lading and the inspection report without noting any damages, it means that the customer has agreed and verified that the vehicle was received in good condition. This also verifies that the Carrier no longer is responsible or liable for anything involving the Customer’s vehicle.
- After signing the Bill of Lading, the Carrier assumes full responsibility. Cargo and liability insurance are required by law for the Carrier. All insurance claims must be made in writing within 24 hours of the vehicle’s delivery (s). On request, Breamway LLC will provide the Customer with the details of the Carrier’s insurance policy.
- The Customer agrees that Breamway LLC is not liable for any claims for property damage to the Customer’s vehicle. The liabilities instead fall on the Carrier and the Carrier’s insurance. However, neither Breamway LLC nor the Carrier will be held responsible for damage caused by force majeure (i.e. damage from storms) or any damages that occur from worn/broken parts of the vehicle or added personal belongings.
- The Customer also agrees and understands that Breamway LLC is only responsible for finding a Carrier to transport the Customer’s vehicle or property. As a result, after the first inspection is completed and the Customer signs the Bill of Lading, the Carrier assumes full responsibility for the vehicle. The Carrier is no longer liable after the vehicle is delivered, the final inspection is completed, and the Customer signs the Bill of Lading. After the Carrier delivers the vehicle, the final inspection is completed, and the Customer signs the Bill of Lading, the Carrier is no longer liable.
Payment Process
- Breamway LLC will notify the Customer based on the contact information provided during the booking process once a Carrier has been selected, assigned, and dispatched for the Customer’s shipping order. All orders placed through Breamway LLC require a deposit consisting of a small portion of the total payment at the time of pickup. This nonrefundable deposit is determined by the variables of the specific shipment. This includes factors such as the vehicle’s type and condition, the type of shipment requested, and the shipment’s distance (based on the pickup and drop off locations).
- The services of Breamway LLC are considered rendered once a Carrier is assigned to an order and begins travel to the pickup location. As a result, the small deposit fee charged at the time of pickup is considered payment for services already rendered. As a result, the deposit is nonrefundable. Any outstanding payments must be made to the Carrier at the time of delivery.
- When the Carrier delivers the vehicle, the Customer is responsible for providing the full payment owed. These payments can be made in cash, money order, or cashier’s check. Other forms of payment, such as business checks, credit or debit cards, should be agreed upon prior to delivery between the Carrier and the Customer. Please note that funds must be made payable to the delivering Carrier and not to Breamway LLC.
- The Customer understands that if he or she is unable to make the payment, the vehicle will be stored at the Customer’s expense. The vehicle will be held until the Customer has paid in full all transportation charges. Furthermore, if the Customer (or the Customer’s designated representative) is unable to accept the delivery for any reason, the vehicle will be stored. The Customer will then be responsible for any storage and/or re-delivery fees.
- Furthermore, the Customer agrees to pay in full the full price of the shipment owed to Breamway LLC or the Carrier. This means that the Customer agrees not to challenge the payment for any reason (such as damage claims, delays, or other unforeseen circumstances). If any of these issues arise, the Customer must make a note of them on the Bill of Lading. Following that, the Customer must file a claim with the Carrier’s insurance. This is treated as a separate issue from the payment for transportation services.
Cancellation Policy
- If the Customer wishes to cancel their order, they must immediately contact their representative or another member of Breamway LLC.
- The Customer agrees that Breamway LLC also has the right to reject or cancel any order. Breamway LLC reserves the right to cancel an order for any reason and at any time
Liability
- Breamway LLC is released from any and all actual or alleged causes of action, loss, liability, claims, demands, injuries, and/or damages under the terms of this agreement (to persons or property). Breamway LLC is not liable for any damages or penalties imposed by a court of law or an administrative action of any federal, state, or local agency as a result of any acts, negligence, omissions, or willful misconduct by Breamway LLC or the Carrier (or any personnel, agents, or connected parties).
- This includes, without limitation, the payment of any penalties, fines, attorney’s fees, or other related expenses, as well as any reimbursements to the Company for all legal expenses and costs incurred by it. In addition, these terms shall override all previous written or oral communication between Breamway LLC and the Customer. Once a Customer books the services of Breamway LLC, they have agreed to all of the above terms. The Customer warrants that they have read this agreement in its entirety and accepts the terms.
The Customer understands that by engaging in a transaction with Breamway LLC, they are agreeing to the terms and conditions. The Customer also waives any claims based on failure to read or comprehend these terms and conditions. This means that the Customer will not hold Breamway LLC liable for any costs or fees incurred as a result of failing to read, comprehend, or be aware of the contract terms for Breamway LLC as defined above. Breamway LLC reserves the right to change, alter, or update these terms and conditions at any time.