Terms and Conditions

Thank you for choosing U.S. Pro Logistics LLC (“U.S. Pro Logistics”) for your vehicle’s transportation needs. By utilizing our services, you and the entity you represent agree to all the terms and conditions of service (“TERMS”) outlined below. In the case of a conflict between these TERMS and any other document, including a motor carrier bill of lading, tariff, service guide, or any other document, these TERMS will take precedence and govern your relationship with U.S. Pro Logistics. These TERMS can only be altered by U.S. Pro Logistics.

Please take note of Section 12. Arbitration, which requires any claims against U.S. Pro Logistics to first be resolved through arbitration.

1. Definitions

• “Additional Services” refers to any upgrades or extra services ordered by the Customer, such as vehicle top loading, guaranteed pick-up date, covered transport, and additional personal items.
• “Bill of Lading” is a document provided by the Carrier to the Customer at delivery, which outlines the details of the shipment and its condition, Point of Origin, Destination, and other relevant information about the Order. The Bill of Lading serves as both a receipt and contract between the Carrier and the Customer.
• “Carrier” refers to a licensed motor carrier of property, as defined by 49 U.S.C. §13102(14), by the State and/or Federal Department of Transportation, or a carrier of goods by sea as per 46 U.S.C. § 30701.
• “Carrier Form” is a receipt, inspection report, Bill of Lading, shipping order, or similar document provided by the Carrier at the Point of Origin and/or Destination.
• “C.O.D.” stands for collect on delivery or payment on delivery.
• “Customer” is the individual, company, or entity, including its agents and representatives, ordering the transportation of the shipment.
• “Customer’s Agent” is an individual aged 18 or over who is designated by the Customer to act on their behalf or as an agent.
• “Destination” is the shipment drop-off location designated by the Customer, or as later agreed upon by U.S. Pro Logistics and the Customer before delivery. “Inoperable” refers to a state or condition in which a shipment is unable to function or be driven for any reason, including but not limited to its parts being removed, altered, damaged, or deteriorated, such as the engine, transmission, wheels, steering mechanism, brakes, tires, etc.
• U.S. Pro Logistics is a transportation broker as defined by 49 U.S.C. § 13102(2), arranging the transportation of freight through third-party Carriers and is licensed by the Department of Transportation (DOT) and registered with the Federal Motor Carrier Safety Administration (FMCSA) under Docket No. MC-1511688, and/or any other government agencies as required by law. U.S. Pro Logistics is not a Carrier.
• “Order” is the Customer’s request for U.S. Pro Logistics to arrange for the transportation of the Customer’s shipment.
• “Order Confirmation” is any written confirmation from U.S. Pro Logistics to the Customer, confirming the Customer’s Order and details such as the description of the shipment, Point of Origin, Destination, dates, and quoted rate.
• “Point of Origin” is the shipment pick-up location designated by the Customer, or as later agreed upon by U.S. Pro Logistics and the Customer before transport.
• “Shipment” is the Customer’s property, i.e., an automobile or motorized vehicle, arranged for transportation in accordance with these TERMS.

2. Services

• U.S. Pro Logistics will arrange for the transportation of the Customer’s Shipment upon the Customer’s request, subject to the terms and conditions stated in these TERMS. U.S. Pro Logistics reserves the right to refuse or cancel any Order at any time, in its sole discretion.
• The services provided by U.S. Pro Logistics are considered complete when a Carrier accepts the Customer’s Order.
• The Customer acknowledges and agrees that U.S. Pro Logistics operates solely as a transportation broker and is not a motor carrier or transporter and does not offer the transportation of property.
• The Customer understands that U.S. Pro Logistics never takes custody, possession, handles, or transports the Customer’s Shipment, and assumes no liability for the Shipment.
• All ocean transportation arranged by U.S. Pro Logistics will also be subject to the terms and conditions of the ocean Carrier’s bill of lading, tariff, schedules, rates, and rules. Ocean Carriers offer limited liability coverage for loss or damage, and the Customer must inquire with the ocean Carrier about purchasing additional insurance.
• U.S. Pro Logistics will provide the Customer with an estimated pickup and delivery date, but delays may occur due to weather, road conditions, government regulations, mechanical problems, or other causes that are beyond its control. U.S. Pro Logistics cannot guarantee delivery dates or times, and the Customer acknowledges and accepts that U.S. Pro Logistics is not responsible or liable for any losses or expenses resulting from any delays.

3. Customer Obligations

• Accuracy of Information: The customer acknowledges that they are solely responsible for ensuring the accuracy of all details related to the shipment, including but not limited to the shipment description, origin, destination, fees, and special instructions, as listed in the Order Confirmation and any other required documents. Any changes or corrections to the shipment information may result in additional fees or the cancellation of the order. The customer waives any claims against U.S. Pro Logistics for any additional charges or cancellations that may arise if the shipment information does not match the information listed in the Order Confirmation.
• Shipment Size and Condition: The customer must provide U.S. Pro Logistics with information regarding the shipment size and condition at the time of booking and before the pick-up date. If the shipment becomes inoperable during transit or if the shipment has been modified with aftermarket parts, is oversized, or is a large vehicle such as a limousine or hearse, U.S. Pro Logistics may charge additional fees or refuse to transport the shipment altogether.
• Preparing the Shipment: The customer is responsible for preparing the shipment for transportation. This includes securing or removing loose parts and fragile accessories, removing non-permanent luggage or other racks, and tendering the shipment in operable condition with no more than a quarter tank of fuel. The customer assumes responsibility for any damages, losses, or claims that may arise from any part of the shipment becoming loose or detached during transport.
• Alarm: The customer must disarm any alarm system in the shipment or provide clear instructions for disengaging it to U.S. Pro Logistics. If the alarm is activated during transit and there are no keys or instructions available to turn it off, U.S. Pro Logistics may be forced to silence the alarm in any reasonable manner without recourse from the customer.
• Personal Property: The customer may bring one suitcase or one bag of personal property, not exceeding 100 lbs, which must be confined to the trunk or storage area of the shipment. The customer must notify U.S. Pro Logistics and the carrier of the presence of this personal property at the Point of Origin before loading the shipment. U.S. Pro Logistics and the carrier have the right to reject any personal property that may be unsafe to transport or violate any laws. The customer acknowledges that U.S. Pro Logistics and the carrier are not liable for any personal items of any kind or value left in the shipment, or for any damages to the shipment caused by excessive or improper loading of personal items. The customer assumes all risk if they choose to include personal property in the shipment.
• Prohibited Items: The customer is strictly prohibited from loading any explosives, guns, ammunition, weapons, flammable products, live pets, live plants, contraband, drugs, alcohol, or any illegal goods in the shipment. If any prohibited items are discovered, they may be confiscated or disposed of by law enforcement, and the shipment may be canceled in its entirety without any compensation to the customer. The customer assumes all responsibility for any fees, fines, damages, or liabilities that may arise from a violation of this section.
• Shipment by Sea: The customer acknowledges that no personal property or illegal goods will be allowed in the shipment for transportation by sea. The customer must ensure that the shipment is completely empty except for OEM or factory-installed equipment. The customer is responsible for providing all required documents and paperwork for U.S. and international customs, including the vehicle identification number (VIN) and its approximate value in U.S. dollars at the time of placing the order. If the Point of Origin or Destination is a shipping port

4. Customer Representations and Warranties

• The customer warrants that they will adhere to all relevant laws, regulations, and rules, including but not limited to customs laws, laws regarding imports and exports, and government regulations of any country through which the shipment may travel. The customer agrees to provide any necessary information and documents to comply with these laws, regulations, and rules. U.S. Pro Logistics will not be held responsible for any loss or expense incurred as a result of the customer’s failure to meet these obligations. Additionally, any individual or entity acting on behalf of the customer represents and warrants that they have the right to act on the customer’s behalf and legally bind the customer.

5. Shipment Pickup and Delivery

• The Customer acknowledges that changes to the Point of Origin and/or Destination may be necessary due to various reasons such as zoning restrictions, road conditions, road closures, obstacles like low hanging trees or wires, narrow streets, or restrictions in residential areas. 
• If the Carrier is unable to access the designated Point of Origin or Destination, the Customer agrees to meet the Carrier at an alternate location for a safe pickup or drop-off of the Shipment.
• For the successful pickup and delivery of the Shipment, the Customer or a designated Customer’s Agent must be present at the Point of Origin and Destination, or provide a representative if the Customer is unavailable for any reason. 
• At the time of pickup, the Customer or Customer’s Agent is required to:
  • inspect the Shipment with the Carrier for pre-existing damage, acknowledge the condition of the Shipment by:
    • a) noting any pre-existing damage on the Carrier Form or Bill of Lading,
    • b) signing the Carrier Form or Bill of Lading, and
    • c) obtaining a copy of the same from the Carrier.
  • The Customer or Customer’s Agent is encouraged to photograph the Shipment from all angles at the Point of Origin.
• Upon delivery at the Destination, the Customer or Customer’s Agent must carefully inspect the Shipment in the presence of the Carrier for possible transit damage and clearly note any new damage as an exception on the Bill of Lading. The Customer or Customer’s Agent must sign and obtain a final copy of the Bill of Lading signed by the Carrier, which will serve as the final Shipment condition report in case of a dispute with the Carrier. The Customer or Customer’s Agent is also encouraged to photograph the Shipment from all angles prior to signing the Bill of Lading.
• The Customer understands and accepts that by signing the Carrier’s Form or Bill of Lading at the Destination without any notation of damage, regardless of the lighting or weather conditions at the time of inspection, the Customer confirms that the Shipment was received in satisfactory condition, and U.S. Pro Logistics and the Carrier will have no further responsibility.

6. Carrier Responsibilities

• The Carrier will (1) pick up and deliver the Customer’s shipment as near to the Customer’s door or designated Point of Origin and Destination as legally and safely feasible, and (2) transport the shipment in a commercially reasonable way.
• The Carrier may provide a Carrier Form, receipt, or Bill of Lading at the Point of Origin and/or Destination. The Customer or the Customer’s Agent agrees to carefully read the Carrier Form, as it may be considered a transportation contract between the Customer and the Carrier, and the Customer should contact the Carrier directly for any disputes or questions about these documents.
• The Customer acknowledges and agrees that they may be subject to the Carrier’s terms and conditions of service, tariffs, rules, or classifications, which the Customer must request directly from the Carrier.

7. Fees and Payment

• The Customer agrees to fully pay all amounts owed for each Order and any Additional Services, as stated in the Order Confirmation and these TERMS, without any deductions or reductions for any claims, losses, delays, or damages that are actual, pending, or unfiled. Payment for U.S. Pro Logistics’’s services are due as soon as the Carrier accepts an Order, as the services have been rendered at that point.
• Payment for any C.O.D. Balance owed to the Carrier must be made in the form of cash, certified funds, cashier’s check, or money order, payable to the Carrier, before or during the delivery of the Shipment. Personal checks, debit cards, or credit cards are not accepted as payment methods to the Carrier.
• In case of any outstanding invoices for U.S. Pro Logistics’’s services, an interest rate of 1.5% per month will accrue and the Customer will be responsible for paying U.S. Pro Logistics for all expenses, plus reasonable attorney’s fees, incurred in collecting the outstanding charges.
• If the Shipment is placed in storage due to the Customer’s refusal to pay fees or accept delivery from the Carrier for any reason, the Shipment will be stored at the Customer’s expense and subject to the Carrier’s lien for transportation charges until the full outstanding balance is paid. All storage and redelivery charges will be the responsibility of the Customer, and the Customer agrees that they will not seek reimbursement from U.S. Pro Logistics.

8. Cancellation and Refund Policy

• Customers of U.S. Pro Logistics have the option to cancel an Order at any time before it has been accepted by a Carrier, free of charge. However, if the Order is canceled after a Carrier has accepted it, the customer will be responsible for paying a minimum cancellation fee of $199.00. This fee will apply in cases of customer cancellation, cancellation due to the customer’s breach of the terms, or if the Carrier is unable to pick up the shipment. The customer may also be subject to additional cancellation fees imposed by the Carrier or other vendors involved in fulfilling the Order.
• In the event that additional services were paid for but not rendered, the customer is entitled to a refund for the portion of the additional services fees that was not fulfilled.
• To cancel an Order, the customer must submit the request in writing via email to sales@usprologistics.com. Cancellations made through any other means, such as telephone, text, or chat, will not be accepted.

9. Loss, Damage, or Delay Claims Policy

• As a property transportation broker, U.S. Pro Logistics is not responsible for any cargo loss or damage claims, regardless of the reason. Any such claims must be directed to the Carrier who transported the shipment, as they are liable for all loss or damage claims.
• In the event of a loss or damage claim, the customer must promptly report it to U.S. Pro Logistics within 48 hours of delivery. U.S. Pro Logistics will provide relevant documents regarding the Carrier in a commercially reasonable manner.
• Claims against motor carriers are governed by the Carmack Amendment to the ICC Termination Act of 1995, 49 U.S.C. §14706, and claims against ocean carriers are typically governed by the Carriage of Goods by Sea Act, 46 U.S.C. §30701. Customers are encouraged to seek independent legal advice on these laws, at their own expense, in the event of a claim.
• Please note that U.S. Pro Logistics and its Carrier partners are not responsible for cargo loss or damage caused by circumstances beyond their control, including but not limited to weather conditions (such as hail, storms, or other acts of God), riots, strikes, political unrest, acts of terrorism, loose, worn, or broken parts of a shipment, or personal items in the shipment.

10. Indemnification

• Customer agrees to indemnify, defend and hold U.S. Pro Logistics and its employees, officers, and directors harmless from and against any and all losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses, including attorney’s fees, and costs, suits, actions and claims, whether actual, potential, threatened, or pending, brought by any person or entity, including damages for injury or death of persons and/or damage to property, including real property and/or the environment, claim liability and damages, arising from the acts or omissions of the Customer, its agents, employees, or representatives.

11. Liability Limit

• The maximum liability of U.S. Pro Logistics for any claims or damages arising from contract, statute, tort or otherwise, shall not exceed the total amount paid by the customer for U.S. Pro Logistics services in the related order confirmation. U.S. Pro Logistics does not make any warranties for its services and hereby denies all warranties, expressed or implied, including implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, and warranties arising from course of dealing, usage or trade practice. U.S. Pro Logistics will not be liable or responsible for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other damages under any legal theory, in relation to a shipment or these terms, even if advised of the possibility of such damages.

12. Arbitration

• In the event that the U.S. Pro Logistics is unable to resolve any disputes or controversies that may arise between the customer and the company regarding the terms, an order, the company’s services, or any other customer engagement, the customer agrees to resolve such disputes through mandatory arbitration. The arbitration process will be managed by the American Arbitration Association (AAA) in accordance with the AAA’s Consumer Arbitration Rules and the supplementary procedures for consumer-related disputes.

13. Miscellaneous

• These TERMS and the agreement between the parties shall be interpreted and enforced in accordance with the laws of the State of North Carolina and Title 49 of the United States Code.
• U.S. Pro Logistics will act as an independent contractor in relation to the Customer, and nothing in these TERMS should be construed as changing this status.
• The Customer may not assign any rights under these TERMS without the prior written consent of U.S. Pro Logistics. These TERMS are binding on and will benefit the parties and their respective successors and assigns.
• The invalidity of any provision of these TERMS will not affect the validity of any other provisions.
• These TERMS constitute the entire agreement between the Customer and U.S. Pro Logistics and may only be changed by U.S. Pro Logistics. The Customer confirms that they have read and fully understand these TERMS, and by continuing with the transaction, they agree to them.
• The Customer waives any claims or defenses that may be based on the fact that they did not read, were unaware of, or did not understand these TERMS.