Mark Westby & Associates (“MWA”) is a licensed broker arranging truck transportation for its customers. MWA does not own or lease any trucking related equipment and is not responsible for the inspection, operation or maintenance of any equipment. MWA does not hire, train, test or in any way manage drivers and will not accept responsibility or liability for any injury, damage or loss arising from the acts, negligence or omission of any motor carrier including its employees, drivers, contractors or agents. The FMCSA grants and revokes the operating authority of motor carriers and issues safety ratings. MWA will not knowingly engage carriers with “Conditional” or “Unsatisfactory” ratings and will abide by any safety rating or scoring guidelines our customers set forth. Shippers may inaccurately name MWA as the “Carrier” on the Bill of Lading which in no way extends the role of MWA as a broker or obligates MWA to the liabilities of a motor carrier.
Westby Truck Lines (“WTL”) is a licensed interstate motor carrier. WTL limits its liability for any cargo loss or damage to actual value or cost of repair. Without a written agreement, WTL limits its cargo liability to $50,000 and will not be liable for consequential damage including late delivery. Shipper is responsible for packaging, loading and count. WTL is not liable for “concealed” damage and is only liable for damage or loss proven to be caused by WTL while in transit.
Carrier is responsible for determining the best and safest route. Any directions given by Mark Westby & Associates (MWA) or others are out of courtesy and may be inaccurate or out of date. Carrier is responsible for making sure shipments are of legal size, weight and safe for transport. Carrier must make sure the information on Bills of Lading and other shipping documents are accurate and complete.
As a matter of customer/shipper convenience, procedure or mistake, MWA may inaccurately be named as the Carrier on Bills of Lading and other shipping documents. In such case, Carrier is responsible to cross out or otherwise remove MWAs name and replace it with theirs. Carrier is obligated to defend, indemnify and hold harmless MWA from all liabilities or legal action as a result of its failure to do so.
Legal Hours of Service are to be respected and adhered to under any circumstances. Any loading/unloading dates and times are at the request of MWAs customers. MWA has no control or influence over shipping and receiving hours. It is the Carriers obligation to inform MWA if Legal Hours of Service will prevent any scheduled pickup/delivery date and time. MWA will then work with all parties towards rescheduling whatever is necessary
MWA will issue a Rate Confirmation to the Carrier that includes the shipper and consignee. In the event that the consignee information on the Bill of Lading is different than MWAs Rate Confirmation, Carrier should contact MWA. However, the shipper and consignee information on MWAs Rate Confirmation shall take precedence.
Drivers are not to leave any shipper with less or different product, weight or piece count than what is specified on our Load Confirmation without our knowledge and consent. If the driver accepts the wrong product or leaves any of the cargo behind without our consent, Carrier is responsible for any and all remediation costs.MWA reserves the right to withhold or offset freight payment pending the resolution of any claim of loss or damage to cargo or property.
Carriers Cargo Insurance coverage includes loss or damage that is in any way attributed to unlocked or unattended vehicles.