Rolling Thunder Motorcycle Rally - Washington, DC on May 27, 2013 - Rally Bike Bus Motorcycle Transport

Rolling Thunder

May 27-30, 2013
Washington, DC

info@rallybikebus.com

(855) 725-5928

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Terms And Conditions

These are the detailed terms and conditions for shipping a bike with Rally Bike Bus

RALLY BIKE BUS IS A FREIGHT BROKER. SHOULD CUSTOMER ELECT TO USE RALLY BIKE BUS’ FREIGHT SERVICES, THE FOLLOWING TERMS AND CONDITIONS WILL APPLY TO ALL SHIPMENTS.

The Customer, Shipper and/or Consignee (hereinafter collectively referred to as "Customer") agrees to these TERMS AND CONDITIONS which no agent or employee of the parties may alter. Rally Bike Bus is a bonded “FREIGHT BROKER” and is licensed by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSCA) and other government agencies as required by law.

Definitions 
Freight Brokerage: Rally Bike Bus is a Freight Logistics Company, also known as a “Freight Broker.” The federal government’s laws and regulations protect Freight Brokers from liability claims due to loss or damage. Freight Brokers are barred from accepting consignment (taking control) of freight. At no time does Rally Bike Bus hold, handle, store or transport freight. CUSTOMER ACKNOWLEDGES THAT RALLY BIKE BUS IS A FREIGHT BROKER AND NOT A FREIGHT CARRIER. Rally Bike Bus provides access to carrier rates and carrier services. Rally Bike Bus also ensures at all carriers are properly licensed and bonded for all services they provide for the Customer.

Freight Carrier: The freight carrier (herein also referred to as "carrier" or “carriers” or “shipper”) is a dually licensed and registered company that provides the actual transportation of your shipment. The freight carrier(s) is subject to all state and federal laws and regulations applicable to the transportation of this shipment and is therefore exclusively liable for the shipment. Customer understands and agrees that the freight carrier or carriers that actually transport the shipment(s) is/are exclusively responsible for the transportation and delivery of your shipment. Customer is subject to all terms and conditions of Freight Carrier.

Customer: Customer is defined as the party arranging for the shipment.

Bill of Lading (BOL): This Bill of Lading is non-negotiable and has been prepared by the enrolled Customer or by Rally Bike Bus on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer. The General Rules Tariffs, set forth by the carrier or carriers that actual provided the transportation of the shipment, will in every instance take precedence in all legal proceedings and, when applicable, will take precedence over the Rally Bike Bus’ TERMS AND CONDITIONS stated herein. If not stated within, the carrier’s General Rules Tariff, Rally Bike Bus TERMS AND CONDITIONS shall control. All Terms, including, but not limited to all the limitations of liability, shall apply to the selected carrier and their agents and contracted carriers.

Customer’s Warranties 
Customer warrants their compliance with all applicable state & federal laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried. The Customer agrees to furnish such information and complete and attach to the Bill of Lading such documents as are necessary to comply with such laws, rules and regulations. Rally Bike Bus assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision. Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind the Customer. Rally Bike Bus may choose to cancel this shipping agreement and will not be held liable for the shipment if any of the following occur: BOL is not signed by the Customer, unauthorized alteration or unauthorized use of this BOL, shipments tendered to any carrier other than that designated by Rally Bike Bus and shipments tendered with any bill of lading not issued by Rally Bike Bus.

The Customer is responsible for providing accurate weights, sizes and description of shipment. Customer understands that all freight rates are quoted as tailgate or curbside pick-up and delivery to a commercial location and or carrier terminal drop off or pick up. Residential services are available and are charged as an assessorial service. If pickup and or delivery are requested by the Customer, the Customer warrants the locations will be carrier equipment accessible. Customer agrees to provide the means to load and unload the shipment unless these services have been arranged for as an assessorial service. Customer agrees to ensure the shipment is properly prepared for transport by freight carrier (packaging and addressing) unless these services have been arranged for as an assessorial service. The Customer agrees to pay for all services as actually provided by Rally Bike Bus and the carrier.

Required Use of Bill of Lading
The Customer is required to use the Rally Bike Bus’ generated BOL. Customer agrees to sign the BOL provided by Rally Bike Bus prior to pick-up. Customer must then provide a copy of the signed BOL to the shipper or carrier (the party at the point of pickup). Customer, or an agent of the Customer, shall consign the shipment directly to the actual transporting carrier. Accordingly, the Customer agrees to that the consigned freight carrier will be exclusively liable for loss or damages.

Necessary Documentation
If the Customer does not complete all the documents necessary for shipment, or if the documents which they submit are not appropriate for the services, the Customer hereby instructs Rally Bike Bus, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, Rally Bike Bus is not obligated to do so.

Calculation of Rates & Charges
This shipment was rated based on information provided by the Customer and approved by the Customer. Rate calculation includes: the type of item(s) being shipped (class), weight, size, volume, type of packing, number of items and commercial or residential pickup or delivery, type of service requested and transit time. Shipping charges may include discounts from Rally Bike Bus’ standard rates and are conditional based on payment within the terms of this agreement.

Assessorial Services
Assessorial services are services provided by the carrier in addition to the basic transportation of the shipment. Customer agrees to pay for all services requested and or any service(s) associated with a particular pickup or delivery location.

Delay of Shipment 
This service is not a guarantee for Pickup time. Pickup Day is not included in the qualification and calculation of transit time. Neither Rally Bike Bus nor the actual carrier shall be held liable for delays in delivery caused by accidents, governmental intervention, weather conditions, other acts of god or any other circumstance that are beyond the control of American Freight Companies and or the carrier(s). In no case, shall the Customer hold Rally Bike Bus liable for other losses the Customer may have experienced as a consequence of transit times greater the expected.

Payment of Services
Customer accepts full responsibility for a correct and accurate BOL. Customer agrees to pay for all services as actually provided. Billing will be based on the actuality of the following; Actual commodity shipped, actual net shipping weight including packing, crating and pallet, actual dimensions, actual volume, actual freight class, number of items, type of service requested and other applicable accessorial charges. Including, but not limited to all duties, customs assessments, governmental penalties and fines, taxes, and Rally Bike Bus attorney fees and legal costs allocable to this shipment and/or all disputes related to the shipment. Customer agrees they will be responsible for all charges payable, including any adjustments, on account of such Customer’s shipment. These charges and adjustments, if any, will be automatically debited to the Customer’s credit card or bank account. The Customer understands that Rally Bike Bus is not the actual carrier and as such, the Customer will not deny Rally Bike Bus payment for reasons related to disputes with the carrier.

Method of Payment
Unless otherwise agreed, payment for all services is by Credit Card (Visa, Master Card, Discover or American Express) which is issued in the Customer’s name and which Customer is authorized to use when registering for the service. This card will be used as your primary method of payment. All payments shall be made pursuant to the terms of the pricing and other information relating to the service, which is available RallyBikeBus.com web site and incorporated by reference in this Agreement, including the provisions of the billing option you selected. It is your responsibility to update the credit card information that you use to pay for the Service. Customer’s right to use the service is subject to any limits established by your credit card issuer. If you do not update your credit card information, Rally Bike Bus may suspend your use of the service.

Cancellation of Services
Customer may request cancellation at any time up to 14 days prior to the shipping date. If the Customer elects to cancel the service, the freight broker will issue a full refund for any funds received. There will be no service or cancellation charges.

Exclusions of Liability
Customer agrees that Rally Bike Bus will not be held liable for any loss, miss-delivery or non-delivery caused by the act, default or omission of the Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof. Rally Bike Bus will not be held liable for losses, miss-delivery or non-delivery caused by violation(s) by the Customer of any of the TERMS AND CONDITIONS contained in the Bill of Lading or of the carrier’s General Rules Tariff including, but not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to shipments not acceptable for transportation or shipments acceptable only under certain conditions. Rally Bike Bus is not liable for losses, miss-delivery or non-delivery caused by the acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labor disputes, weather conditions or mechanical delay or failure of truck, aircraft or other equipment. Rally Bike Bus is not liable for failure to comply with delivery or other instructions from the Customer or for the acts or omissions of any person other than employees of Rally Bike Bus. Subject to the limitations of liability contained in this Bill of Lading and the carrier’s General Rules Tariff, Rally Bike Bus shall only be liable for loss, damage, miss-delivery or non-delivery caused by Rally Bike Bus own gross negligence. Rally Bike Bus’ liability therefore shall be limited to the fees that Rally Bike Bus has earned with respect to the subject shipment. RALLY BIKE BUS CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, RALLY BIKE BUS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT RALLY BIKE BUS HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.

Claims and Limitations of Liability
All shipments are covered under the carrier’s limited liability coverage as noted below. Customer may secure additional liability coverage through any third party freight insurance provider. Consignee agrees to inspect the shipment at the time of delivery and document any damage on the delivery bill.

Full Truck Load Freight
Truck load (TL) freight carriers are required by law to carrier a minimum of $100,000.00 of cargo insurance. This coverage protects the Customer from theft, loss, or damage due to fire or vehicle accident. It does not cover loss caused during normal transit. It is assumed that damage occurring independent of an accident involving the vehicle is a consequence of improper or inadequate packing or crating.

Claims
The Customer must file all freight cargo claims in writing with Rally Bike Bus within 48 hours of delivery. 
Rally Bike Bus will act as liaison and assist the Customer in the processing of their claim with the actual freight or cargo insurance carrier. The filing of a claim does not relieve the responsible party for payment of freight charges. Customer’s account must be paid in full prior to processing a claim for loss or damage. Please contact Rally Bike Bus for more details regarding carrier and cargo insurance or carrier and cargo liability.

Venue, Forum Selection and Choice of Law
Customer acknowledges that Rally Bike Bus is a Freight Broker and not the actual Freight Carrier. Customer also agrees that the services provided by Rally Bike Bus are limited to brokering of freight between the parties of Customer and Carrier and that this service was secured, executed, processed and recorded as a service within the State of New York. All US Freight carrier(s) brokered through Rally Bike Bus are subject to all state and federal laws and regulations applicable to the transportation of freight. The Customer acknowledges that the transportation of their freight is performed exclusively by the Freight Carrier and not performed by Rally Bike Bus.Understanding this; the Customer agrees to hold Rally Bike Bus harmless for services (i.e. transportation of freight) performed by the Freight Carrier. Customer agrees to pay Rally Bike Bus per agreement regardless of any disputes that may or may not occur with the Freight Carrier.

Arbitration of Disputes
Rally Bike Bus and Customer agree that any disputes and or claims relating to services provided by Rally Bike Bus and or the freight carrier including but not limited to issues of; weight, class, size, damage and or service, will be resolved with binding arbitration, to be keep confidentially between Rally Bike Bus and Customer. Both parties agree that the arbitration will be decided by one arbitrator, in accordance with the Code of Procedure of the National Arbitration Forum (“NAF”), and that the arbitration will be in New York County, New York.

Legal Action subsequent to arbitration
All parties including Rally Bike Bus, the Customer and the Carrier agree that the venue for any legal action relating to services provided by Rally Bike Bus shall be filed exclusively in New York County or in the United States Court for the Southern District of New York. Customer shall be liable for all legal and collection fees.

Changes In Terms & Conditions
Rally Bike Bus shall have the right at any time to change or modify the terms and conditions applicable to Customer’s use of Rally Bike Bus or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on RallyBikeBus.com, or by electronic or conventional mail, or by any other means by which Customer obtains notice thereof. Any use of Rally Bike Bus.com by Customer after such notice shall be deemed to constitute acceptance by Customer of such changes, modifications or additions.

Binding Acceptance
Acceptance of Rally Bike Bus’s TERMS and CONDITIONS is redundantly required in the course of booking each shipment. This occurs by the Customer’s use of RallyBikeBus.com, when securing a quote, when registering as a Customer and/or when tendering a shipment. Additionally, a copy of these TERMS and CONDITIONS is provided with each Bill of Lading (BOL) and finally, the use of Rally Bike Bus’ BOL requires the acceptance of these TERMS and CONDITIONS.

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