Terms & Conditions
TERMS & CONDITIONS – CONSUMER
These Consumer Terms and Conditions ("Agreement") govern the relationship between Broadway Auto Transport, a licensed motor carrier broker registered with the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA), and you, the "Customer." Broadway Auto Transport is a logistics intermediary; we are not a motor carrier and do not physically transport vehicles ourselves. By booking an order with Broadway Auto Transport, you acknowledge that we will identify and contract with a third-party Motor Carrier ("Carrier") to perform the physical transportation of your vehicle.
This Agreement supersedes all prior written or oral representations. By accepting a quote or placing an order through our website or via a representative, you agree to be bound by these terms. It is essential that you understand the distinction between our role as a broker and the role of the Carrier. Our responsibility is to facilitate the logistics, while the Carrier is solely responsible for the physical handling, transit, and delivery of your property.
Definition of Consumer Customer
A "Consumer Customer" under this Agreement is defined as an individual or private party seeking vehicle transportation services primarily for personal, family, or household use. This distinguishes the user from commercial entities, dealerships, or fleet managers who operate under our Commercial Terms. As a Consumer Customer, you represent that you are the legal owner of the vehicle being shipped or a duly authorized agent with the legal capacity to enter into a transportation contract on the owner's behalf.
Broadway Auto Transport provides tailored services to consumers, including "door-to-door" transport, provided that the pickup and delivery locations can safely accommodate a large multi-car carrier. If a location is restricted by local ordinances, narrow streets, or low-hanging trees, the Consumer Customer must agree to meet the driver at a nearby accessible parking lot. Understanding this definition is crucial, as consumer protections and expectations regarding communication, delivery windows, and personal property within the vehicle are governed by specific industry standards and the clauses outlined in this document.
Booking Process
The booking process begins when a Customer requests a quote through the Broadway Auto Transport platform or via a telephone consultation. Once a quote is provided, the Customer may "Book" the order by providing detailed vehicle information, origin/destination addresses, and preferred shipping dates. A booking is considered "Active" once Broadway Auto Transport receives the required authorization and any applicable initial service fee or deposit.
Upon receipt of the booking, Broadway Auto Transport begins the process of "dispatching"—searching our vetted network of thousands of licensed Carriers to find a driver whose route and schedule align with the Customer's needs. Please note that a booking does not guarantee a specific pickup date; it initiates the search for a Carrier. When a Carrier is secured, Broadway Auto Transport will issue a "Dispatch Notice" or "Booking Confirmation" containing the Carrier's details. This multi-step process ensures that we find a reputable driver who meets our stringent insurance and safety requirements before any physical contact is made with your vehicle.
Quotes & Pricing Disclaimer
All quotes provided by Broadway Auto Transport are based on current market data, seasonal demand, fuel price indexes, and the specific vehicle dimensions provided by the Customer. Unless explicitly stated as a "Price Lock" or "Guaranteed Rate," quotes are considered estimates and are subject to change based on Carrier availability and market fluctuations. If a vehicle is modified (e.g., lifted, lowered, equipped with a roof rack) and this was not disclosed at the time of the quote, the price will be adjusted.
Furthermore, quotes for "Inoperable" vehicles are higher due to the specialized equipment (winch or forklift) required for loading. If a vehicle is described as "Operable" but is found to be "Inoperable" at the time of pickup, a minimum "Inop Fee" of $200.00 will be added to the total. Broadway Auto Transport reserves the right to renegotiate the total price if the original estimate does not attract a Carrier within the Customer's requested timeframe, though no price increase will occur without the Customer's verbal or written consent.
Payment Terms
Broadway Auto Transport typically utilizes a split-payment model to ensure security for both the broker and the carrier. The "Broker Fee" or "Initial Deposit" is charged to the Customer's credit or debit card once a Carrier has been assigned and dispatched to the order. This fee covers Broadway Auto Transport's logistics services, carrier vetting, and administrative costs. This deposit is generally non-refundable once a Carrier has been dispatched, as the service of "finding and securing transport" has been fulfilled.
The remaining balance, referred to as the "Balance Due on Delivery," is payable directly to the Carrier at the time of pickup or delivery. This payment must be made in the form of "Cash on Delivery" (COD) or "Certified Funds" (Cashier's Check or Money Order) unless otherwise specified in the Dispatch Notice. Personal checks and credit cards are rarely accepted by drivers at the point of delivery due to the risk of reversals. Failure to have the proper funds ready at delivery may result in the vehicle being placed in storage at the Customer's expense.
Carrier Assignment
As a broker, Broadway Auto Transport's primary obligation is to select a Carrier that is duly licensed and insured according to FMCSA standards. We perform rigorous due diligence, checking the Carrier's safety ratings and verifying that their cargo insurance policy is active and sufficient for the value of the Customer's vehicle. However, the Customer acknowledges that Broadway Auto Transport does not employ the drivers or own the trucks.
Once a Carrier is assigned, they become solely responsible for the "Time and Manner" of the transport. The Carrier is an independent contractor, not an agent of Broadway Auto Transport. While we facilitate communication, the specific timing of the pickup and the route taken are at the Carrier's professional discretion. If a Carrier cancels after being assigned due to mechanical failure or other unforeseen circumstances, Broadway Auto Transport will prioritize finding a replacement Carrier at the original rate, although we cannot guarantee that a replacement will be found within the same 24-hour window.
Cancellation & Refund Policy
Customers may cancel their order at any time before a Carrier has been assigned and dispatched without incurring a major penalty. However, once a Carrier has been officially assigned and Broadway Auto Transport has issued a Dispatch Notice, the Broker Fee (Deposit) is considered earned and is non-refundable. This is because Broadway Auto Transport has completed the primary service of sourcing, vetting, and securing a contracted transporter for the vehicle.
If a Customer cancels after a driver has been dispatched to the pickup location, they may also be liable for a "Dry Run" fee to compensate the driver for their time and fuel. All cancellation requests must be submitted in writing via email. If Broadway Auto Transport is unable to secure a Carrier within 10 business days of the first available pickup date, the Customer may cancel and receive a full refund of any deposit paid, provided they have not already accepted a Carrier assignment during that window. Refunds are processed within 5–7 business days.
Delivery Timelines Disclaimer
All pickup and delivery dates provided by Broadway Auto Transport or its Carriers are estimates only. The auto transport industry is subject to numerous external variables, including but not limited to: severe weather, traffic congestion, road construction, mechanical breakdowns, and federal "Hours of Service" (HOS) regulations for drivers. Consequently, Broadway Auto Transport does not offer "guaranteed" delivery dates or times.
Standard transit times usually average 1 day for every 300–500 miles, but this is not a contractual guarantee. Customers are strongly advised not to schedule important events (such as international flights or car sales) around the estimated delivery date. Broadway Auto Transport and the Carrier shall not be held liable for any "loss of use" damages, car rental expenses, or incidental costs resulting from delays in pickup or delivery. While we strive to provide accurate updates, the Customer acknowledges that transit times are fluid and that "on-time" delivery is defined as a best-effort window rather than a fixed appointment.
Insurance & Liability Explanation
The assigned Carrier is federally required to carry a minimum amount of Cargo Insurance to protect your vehicle during transit. In the event of damage, the Customer must file a claim directly against the Carrier's insurance policy. Broadway Auto Transport is not a motor carrier and our insurance does not cover physical damage to your vehicle; however, we will assist you by providing the Carrier's insurance certificate and contact information to facilitate the claim.
For a damage claim to be valid, the Customer must note any new damage on the Bill of Lading (BOL) at the time of delivery before signing it. If you sign the BOL "Clear" (indicating no damage), you are waiving your right to file an insurance claim. We highly recommend taking high-resolution photos of the vehicle at both pickup and delivery. Please note that insurance typically does not cover: "Acts of God" (hail, floods), damage caused by leaking fluids from other vehicles, or damage to personal items left inside the vehicle, which are shipped at the Customer's own risk.
Customer Responsibilities
The Customer is responsible for preparing the vehicle for transport. This includes: cleaning the exterior to allow for an accurate inspection, removing all personal belongings (Carriers are not licensed to move household goods), and ensuring the vehicle has no more than a 1/4 tank of fuel to reduce weight. All loose parts, aftermarket spoilers, and non-permanent racks must be removed or secured. The Customer or an authorized representative must be present at both pickup and delivery to sign the Bill of Lading and perform the vehicle inspection.
If the Customer is not present and has not designated an agent, the vehicle may be hauled to a local terminal or storage facility, with all towing and storage fees becoming the responsibility of the Customer. Furthermore, the Customer must ensure the vehicle is in the condition described during the booking. If a vehicle is found to have undisclosed modifications or is larger than the standard model (e.g., dually trucks, extended vans), the Customer agrees to pay the adjusted rate at the time of delivery.
Dispute Resolution Clause
In the event of a dispute between the Customer and Broadway Auto Transport arising from our brokerage services, both parties agree to first attempt to resolve the matter through good-faith informal negotiations. If a resolution cannot be reached within 30 days, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The venue for arbitration shall be in the county where Broadway Auto Transport is headquartered.
The Customer waives the right to participate in a class-action lawsuit or class-wide arbitration. This clause applies specifically to disputes regarding Broadway Auto Transport's brokerage services (e.g., booking fees, communication). Disputes regarding physical vehicle damage must be handled via the Carrier's insurance process or through legal action against the Carrier directly. By entering into this Agreement, the Customer acknowledges that they are choosing arbitration over a jury trial and that the prevailing party in any legal action related to these terms shall be entitled to recover reasonable attorney fees and costs.
Contact Information
For questions regarding these Terms or to report an issue with your shipment:
Broadway Auto Transport
1 MAIDEN LANE, 5TH FLOOR NEW YORK 10038 NY United States
info@broadwayautotransport.com
Phone: (917) 594-5566