Terms & Conditions - B2B

TERMS & CONDITIONS – COMMERCIAL

These Commercial Terms and Conditions ("Commercial Agreement") establish the legal framework for professional entities engaging the services of Broadway Auto Transport, a licensed motor carrier broker (MC# 1496533 / USDOT# 3990000). Unlike consumer agreements, this document is designed to address the complexities of high-volume logistics, fleet management, and recurring business partnerships. Broadway Auto Transport acts exclusively as a property broker and not as a motor carrier; we facilitate the movement of freight by identifying, vetting, and contracting with third-party motor carriers.

By establishing a commercial account, issuing a purchase order, or executing a service request, the "Commercial Client" (as defined below) agrees to these terms. This Agreement governs all transactions, whether conducted via our digital portal, EDI integrations, or direct communication with our commercial accounts department. It is designed to ensure operational efficiency, regulatory compliance, and financial clarity for dealerships, auctions, and corporate fleets. Broadway Auto Transport reserves the right to modify these terms with notice to active account holders, ensuring our logistics framework stays aligned with federal transportation laws and evolving market conditions.

Definition of Commercial Client

A "Commercial Client" is defined as any legal business entity, including but not limited to, automotive dealerships (franchise or independent), vehicle auction houses (e.g., Manheim, Copart), corporate fleet management companies, rental car agencies, and other licensed freight brokers. Unlike individual consumers, Commercial Clients are presumed to have a sophisticated understanding of the logistics industry and the broker-carrier relationship.

Entities qualifying as Commercial Clients are often eligible for dedicated account management and specialized reporting tools. By operating under this definition, the Client warrants that all vehicles tendered for transport are part of a commercial inventory or corporate asset pool. This classification allows for specific logistical arrangements, such as multi-unit "full truckload" (FTL) bookings or recurring "less-than-truckload" (LTL) lane assignments. Broadway Auto Transport requires Commercial Clients to provide valid business identification, tax ID numbers, and, where applicable, dealer licenses. This rigorous definition ensures that our commercial service tier remains focused on the high-efficiency needs of the automotive industry, providing a distinct operational path from our standard consumer-facing retail services.

Volume Pricing Terms

Broadway Auto Transport offers tiered pricing structures specifically for Commercial Clients moving multiple units or maintaining a high monthly shipping volume. Unlike standard retail quotes, volume pricing is often calculated based on "lane density," frequency of transport, and the specific equipment required (e.g., 9-car haulers vs. specialized flatbeds). All commercial quotes are valid for a period of 14 days unless otherwise specified in a dedicated Service Level Agreement (SLA).

Pricing for commercial accounts is subject to "Fuel Surcharge" (FSC) adjustments, which fluctuate based on the national average diesel prices as reported by the Department of Energy. Broadway Auto Transport reserves the right to renegotiate rates if the Client's volume falls below the agreed-upon thresholds for a consecutive 60-day period. Furthermore, "Accessorial Charges"—including detention time at auctions, dry-run fees for vehicles not ready at the gate, or winch fees for inoperable units—will be billed at pre-negotiated commercial rates. Our goal is to provide price stability for our B2B partners while maintaining the flexibility to respond to the high-volatility nature of the nationwide carrier market.

Payment Structure

Financial arrangements for Commercial Clients differ from our standard COD (Cash on Delivery) retail model. Broadway Auto Transport offers "Net 15" or "Net 30" credit terms to qualified commercial entities, subject to credit approval and a positive trade reference check. All invoices are issued electronically upon the successful delivery of the vehicle(s) and the receipt of a signed Bill of Lading (BOL).

Payments must be made via ACH transfer, wire transfer, or corporate check; credit card payments for commercial accounts may be subject to a 3% processing fee. In the event of a late payment, Broadway Auto Transport reserves the right to assess a finance charge of 1.5% per month on the outstanding balance. For auction-to-dealer moves, Broadway Auto Transport may require "Pre-Paid" status until a consistent payment history is established. It is important to note that the obligation to pay Broadway Auto Transport's invoice is independent of any third-party payment disputes or insurance claims. Commercial Clients may not "set off" or withhold payment for freight charges due to pending damage claims, as these must be resolved separately through the carrier's insurance process.

Carrier Coordination

Broadway Auto Transport provides a centralized point of contact for all carrier coordination, significantly reducing the administrative burden on our Commercial Clients. We utilize a proprietary vetting system to ensure that every carrier assigned to a commercial load maintains a "Satisfactory" safety rating and holds active cargo insurance that meets the Client's specific requirements. For high-value fleet moves, we can prioritize carriers with "Enclosed" equipment or those with specialized experience in handling new-car inventory.

Our dispatch team manages the "Gate Pass" process for auction pickups and ensures that all drivers comply with the Client's specific loading and unloading protocols. Commercial Clients are expected to provide accurate "Ready Dates" and ensure that vehicles are accessible during standard business hours. If a vehicle is located at a secure facility (like an impound or a manufacturing plant), the Client must provide all necessary release codes and paperwork in advance. Broadway Auto Transport acts as the proactive liaison between the Client's dispatch office and the driver, providing real-time tracking updates and digital BOLs to streamline the Client's inventory management.

Liability Limits

As a broker, Broadway Auto Transport's liability is strictly limited to the performance of its brokerage services—specifically, the diligent selection and monitoring of carriers. Broadway Auto Transport is not liable for physical loss, damage, or delay to the cargo itself, as defined under the Carmack Amendment (49 U.S.C. § 14706). The primary liability for the cargo rests solely with the motor carrier that performed the transportation.

In the event that Broadway Auto Transport is found liable for any administrative error, our total liability is capped at the amount of the broker fee earned on the specific shipment in question. Commercial Clients are encouraged to maintain their own "Contingent Cargo Insurance" or "Inventory Insurance" for high-value shipments to cover gaps that may exist in a carrier's primary policy (such as exclusions for "Acts of God"). Broadway Auto Transport will facilitate the exchange of insurance information and assist in the documentation process, but the Client acknowledges that Broadway Auto Transport does not assume the risk of loss for the vehicles during transit. This limitation is a standard industry practice that reflects our role as a logistics facilitator rather than a physical transporter.

Contract Terms

This Commercial Agreement remains in effect for all orders placed by the Client until terminated by either party. While individual shipments are governed by the specific details of a Load Confirmation, these overarching terms provide the legal baseline for our partnership. Broadway Auto Transport reserves the right to terminate a commercial account immediately if the Client violates federal shipping regulations, fails to maintain financial creditworthiness, or engages in "back-solicitation" (attempting to hire Broadway Auto Transport's contracted carriers directly).

Any specialized Service Level Agreements (SLAs) or master contracts signed between Broadway Auto Transport and the Client will take precedence over these general terms in the event of a conflict. However, in the absence of a separate written contract, these terms constitute the entire agreement between the parties. The Client acknowledges that no verbal representations by Broadway Auto Transport employees shall modify these terms. This structured approach to contract management provides the legal certainty required for large-scale commercial operations, protecting both the broker's intellectual property and the Client's logistical interests across various jurisdictions and transport lanes.

Dispute Handling

Disputes between Broadway Auto Transport and a Commercial Client regarding billing, service failures, or contract interpretation shall be handled through a multi-tiered resolution process. Initially, both parties agree to appoint a "Logistics Liaison" to attempt an informal resolution within 15 business days. If the issue remains unresolved, the dispute shall be elevated to executive management for further negotiation.

Should informal efforts fail, the parties agree that all disputes arising under this Agreement shall be resolved through binding arbitration in the state where Broadway Auto Transport is headquartered. This arbitration shall be governed by the Commercial Arbitration Rules of the American Arbitration Association. Unlike consumer disputes, the parties agree that the "prevailing party" in a commercial dispute shall be entitled to recover all reasonable legal fees, expert witness costs, and arbitration expenses. By entering this Agreement, the Commercial Client waives the right to a jury trial and agrees that any legal action must be filed on an individual basis, explicitly waiving any right to join or consolidate claims with other commercial entities in a class-action format.

Compliance with DOT/FMCSA

Broadway Auto Transport and the Commercial Client both agree to operate in strict accordance with the regulations set forth by the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA). Broadway Auto Transport warrants that it maintains an active Broker Authority and the required $75,000 surety bond (Form BMC-84). We ensure that all contracted carriers are registered in the Unified Registration System and maintain the legal "Hours of Service" requirements.

The Commercial Client, in turn, agrees not to request any services that would require a carrier to violate safety regulations, such as demanding "expedited" delivery times that exceed legal driving limits. Furthermore, the Client is responsible for ensuring that all cargo is accurately described and does not contain hazardous materials or illegal contraband. Both parties acknowledge their mutual obligation to maintain the safety of the national highway system. Broadway Auto Transport reserves the right to refuse any shipment that we believe, in our professional judgment, may lead to a violation of federal safety standards or jeopardize the carrier's operating authority. This commitment to compliance is fundamental to our operational integrity.

Commercial Accounts Contact

For inquiries regarding fleet rates, credit applications, or corporate partnerships:

Broadway Auto Transport
1 MAIDEN LANE, 5TH FLOOR NEW YORK 10038 NY United States
info@broadwayautotransport.com
Phone: (917) 594-5566