RTD Website Terms and Conditions
TERMS AND CONDITIONS
- Services Provided by Company. The Company will provide for the Customer’s possessions, furniture, appliances and goods (herein “Property”) to be transported from the starting location listed above (“Starting Location”) to Customer’s destination address, also as listed above (Destination”) by providing the Customer with the services of a licensed truck driver to transport Customer’s Property (“Driver”). The Driver will possess a current valid class “A” CDL (Commercial Driver’s License) and have at least _____ years of experience operating the kind of vehicle to be rented by Customer. This Agreement is for the provision of transportation services only. The Driver will drive that Vehicle to Customer’s Destination but will NOT load or unload the Vehicle.
- Customer Responsibilities:
- Truck Rental. The Customer, at his/her sole cost, will rent a moving truck from a reputable national truck rental company (“Truck” or “Vehicle”) and deliver the Truck or have it delivered to the Starting Location to be loaded by the Customer.
When renting a Truck, a newer model year with low mileage is preferred. To increase this likelihood, the Company recommends that the Customer reserve the Vehicle with the Rental Company well in advance of the needed rental date and not wait until the last minute to do so.
- Packing, Loading and Unloading. The Customer is responsible for packing up the Property and loading it onto and unloading off of the Truck. Neither the Company nor the Driver will provide any packing, loading or unloading services or be responsible for any damage to any the Property or the Truck occurring as a result of the manner in which the Property is packed, loaded, unloaded or secured in the Vehicle. Customer will pack the Property using proper boxes, containers and protective padding.
- Vehicle Registration. The Customer will ensure that the Vehicle has the necessary paperwork proving that it is registered and that the Rental Company has added Driver [Company] as an additional permitted driver. The Driver will make him/herself available to the Rental Company to provide all information necessary to be added as an additional driver.
- The Customer will obtain, at the Customer’s sole cost, all full insurance coverage from the Rental Company including “Limited Damage Waiver (LDW), Personal Accident Insurance (PAI), Supplemental Liability Insurance (SLI) and Cargo Insurance”, will have the Driver and the Company added as additional insureds under those policies and will provide evidence of such insurance and coverage to the Company on or prior to the Start Date.
Since the Customer is renting the Vehicle, he/she is the sole person responsible to the Rental Company for loss or damage to the Vehicle. It is therefore to the Customer’s benefit to have full insurance coverage.
Cost Estimate. The cost estimate for the transportation services provided under this Agreement are set forth above (“Cost Estimate”). This quote is valid for thirty (30) days from date of this Agreement and is based on the Driver driving a Truck rented and loaded by the Customer from the Starting Location, travelling a preplanned route and delivering it to the Customer’s Destination without unloading it. The route to be taken to the Destination and the estimated miles of the trip will be determined using “Bing” miles. Included in the Cost Estimate is an estimated 10-12 hour Positioning Time. “Positioning Time” is the time it takes the Driver to get from his home to the Starting Location and from the Destination address back to his home by means of air travel, rail (including Amtrak) taxi, bus and/or other forms of ground transportation. The Positioning Time cost included in the Cost Estimate is in addition to the actual cost of the airfare and other transportation methods used by Driver during that time, which costs are also the responsibility of the Customer.
- Driver Transportation and Other Costs. The Customer is responsible for all airfare, Amtrak and other costs of transporting the Driver from his home to the Starting Location at the outset of the trip and to his home from the Destination address at the trip’s conclusion.
- Driver Transportation. All reservations are to be made and tickets purchased by Customer directly from the carrier. Note that booking longer flights with unnecessary layovers to save on airfare or booking the Driver for long trips on Amtrak rather than on a shorter flight to save money will increase the Positioning Time and thus the amount to be paid to Driver.
- Ground Transportation. All of the Driver’s ground travel to and from both pickup and drop off locations are to be provided or paid by the Customer. *To be further discussed.
- Fuel and Tolls. Tolls and fuel are the Customer’s responsibility. The estimate amount, as calculated by the Company based on the planned route and anticipated mileage is set forth above (“Fuel and Toll Estimate”) and is due, in full, on the Start Date.
- Customer agrees to pay the Company the [Cost Estimate] and Additional Costs shown above as follows:
- Deposit. Customer will pay a nonrefundable deposit in the amount set forth above to the Company at the signing of this Agreement;
- Payments Due on Start Date. Customer will pay the Driver (i) fifty percent (50%) of the Cost Estimate (less the Deposit paid to the Company) and (ii) the entire Fuel and Toll Estimate on the Start Date.
- Payment Due at Destination. Customer will pay the Driver the balance of the Cost Estimate, together with adjusted fuel and/toll costs (as determined below), if any and any other additional costs or amounts provided for in this Agreement, if any, when Driver delivers Customer’s Property to the Destination.
- Adjustments for Fuel and Tolls. Upon arrival at the Destination, the Driver will provide the Customer with receipts for all actual toll and fuel costs incurred during the trip and will calculate, based upon those receipts, the actual toll and fuel costs incurred due to the trip. If the actual costs are less than the Fuel and Toll Estimate already paid by the Customer, the Customer will be refunded the excess paid. If the actual costs are greater than the Fuel and Toll Estimate, the Customer will pay the Driver the difference owed.
- Additional Costs.
- In the case of severe inclement weather, vehicle malfunction or issues not originating from the Company’s service resulting in delays of the trip, the Customer agrees to provide the necessary additional pay and per diem for each additional day as well as the cost of any rescheduled flights and ground transportation as needed.
- Additional Positioning Time Costs. There be a charge for hours in excess of the 10-12 included in the estimate or is this already covered by the additional costs for delays above.
- Additional Driver Services. For an additional charge, Customer may arrange for the Driver to pickup the Truck directly from Rental Company and drive it to the Starting Location to be loaded by the Customer and/or return the Truck to the Rental Company after Customer unloads it at the Destination. The cost for such services is $45 per hour for the period (i) starting when the Driver arrives at the Rental Company through to when he leaves the Starting Location with the loaded truck and/or (ii) starting when the Driver arrives at the Destination address with the Truck through to when he returns the Vehicle to the Rental Company after it has been unloaded by the Customer.
- Other Additional Costs. The cost estimates set forth above are based on the specifics outlined in this Agreement and may be subject to change if the Customer changes the Start Date, or there is a change in the city or zip code of the Starting Location or final Destination. In addition, any parking fees or fines resulting from the location of the vehicle at the Starting Location or Destination address shall be the responsibility of the Customer.
- Payment Terms. Customer may pay the Deposit with VISA, MasterCard, American Express, Discover, cashier’s check or money order. All payments to be made directly to the Driver shall be by [cashier’s check or money order] Shipment will not be released at destination until payment in full has been
- Truck Parking. The Truck will be parked at the Starting Location and the Destination Address at the Customer’s sole risk and neither the Company nor the Driver shall be liable for any damage to any real property or improvements arising out of the placement or removal of the vehicle (absent Driver’s negligence or misconduct). It is Customer’s responsibility to obtain permission for the placement of the truck, if necessary. Customer will be responsible for any subsequent parking charges, violations, towing, or real or personal property
- Weigh Stations. The Customer understands and agrees that the Driver must stop at all weigh stations along the planned route and that the truck’s load is subject to inspection by the weigh stations officers.
- NO LIABILITY. THE COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO CUSTOMER OR ANY OTHER PERSON WITH RESPECT TO ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE TRUCK, ANY DEFICIENCY OR DEFECT (LATENT OR OTHERWISE) THEREIN, OR ANY OTHER CIRCUMSTANCE IN CONNECTION THEREWITH FROM THE USE, OPERATION OR PERFORMANCE OF ANY EQUIPMENT OR ANY RISKS RELATING THERETO.
- Limited Liability. Since the Customer is responsible for loading and unloading of it’s Property from the Truck, the Company shall only be responsible for damage or loss caused solely by Driver negligence or misconduct and then only to the extent not otherwise covered by Customer’s insurance. The Company shall only be liable for the actual cost of repair or replacement but in no event shall be liable for an amount greater than the amount owed by Customer for the transportation of his Property under this Agreement. In the event of damage to the Property or the Vehicle caused by a catastrophic event such as fire, vehicle collision, vehicle overturn or the complete theft of the Vehicle, the Company is not responsible. Customer acknowledges that the Company does not provide insurance for Customer’s Property.
- Hazardous Materials and Commodities Other than Household Goods. Customer agrees not to include hazardous materials of any type (including but not limited to petroleum products, compressed gases, corrosives, explosives and flammables) among the Property to be transported. Propane tanks may not be shipped under any circumstances — full or empty. Hazardous material violations could result in additional charges from local, state, and federal fines, as well as but not limited to, loss or damage to property and personal The Customer further agrees that the Property to be transported shall not include guns, ammunition, gasoline, any item the United States Department of Transportation (DOT) deems to be hazardous material or anything contained on the list of prohibited cargo attached to this Agreement.
- Indemnification. Customer agrees to indemnify, defend and hold the Company harmless against any and all claims for loss, expense, liability, injury or damage arising out of or in connection with the performance by Customer, his agents or contractors in packing, loading or unloading the Property. In no event shall the Company shall be liable and hereby disclaims responsibility for any indirect, incidental or consequential damages, special, punitive, multiplied or other indirect costs, lost profits, fees, or charges of any kind arising from any claims filed hereunder, or any other acts, including delays or omissions of the Company, whether foreseeable, disclosed or
- Dispute Resolution. In the event of breach or a dispute that cannot be resolved without third party intervention, the Parties agree to resolve their dispute in arbitration.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut. The Parties agree to resolve any dispute in Fairfield County, in the State of Connecticut.
- Entire Agreement. This Agreement contains the entire agreement of the Parties. No other agreement, statement, or promise made by any party to this Agreement or any third party on or before the effective date of this Agreement will be binding on the parties.
- Modification. This Agreement may be modified only in writing signed by both Parties.
- Severability. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
- Attorney’s Fees. In the event a dispute involving this Agreement is resolved in a third party judicial proceeding, including arbitration, the prevailing party will have a right to be reimbursed its attorney’s fees and costs for enforcing its rights under this Agreement.