1. SCOPE OF COMMERCIAL SERVICES
These Commercial Terms and Conditions ("Commercial Agreement") govern the relationship between NRG Transportation Inc. ("Broker") and the Commercial Client ("Dealer," "Auction," "Entity," or "Customer"). This Agreement applies to all "Business-to-Business" (B2B) transactions, including recurring fleet shipments, dealer trades, and auction-to-lot logistics.
1.1. Brokerage Role in B2B Context: NRG Transportation Inc. (USDOT #4329853) acts exclusively as a Property Broker. We provide logistics management, carrier vetting, and dispatch services. Commercial Clients acknowledge that NRG does not own the transport equipment and that the "Contract of Carriage" is between the Commercial Client and the assigned Motor Carrier.
2. COMMERCIAL ACCOUNT ESTABLISHMENT
2.1. Account Application: To qualify for commercial rates and billing terms, the Client must complete a Commercial Credit Application. NRG reserves the right to perform credit checks and industry reference verifications.
2.2. Authorized Representatives: The Commercial Client must designate "Authorized Users" who have the power to bind the company to shipping orders and financial obligations. NRG is not liable for orders placed by unauthorized employees of the Client if the Client failed to provide an updated authorized user list.
3. FLEET SHIPPING AND VOLUME SHIPMENTS
3.1. Volume Pricing: Quotes for "Full Truckload" (FTL) or multi-car "Less Than Truckload" (LTL) shipments are subject to equipment availability.
3.2. Staging Requirements: For fleet moves, the Client is responsible for ensuring all vehicles are staged in an accessible area that allows a 75-to-80-foot car hauler to maneuver without obstruction.
3.3. Inventory Lists: For volume shipments, the Client must provide a digital Manifest/Inventory List at least 48 hours prior to the requested pickup date. Discrepancies between the Manifest and the actual vehicles staged may result in "Dry Run" fees or recalculated rates.
4. DEALER AND AUCTION SPECIFIC PROTOCOLS
4.1. Auction "Gate Passes": For vehicles purchased at auctions (e.g., Manheim, Copart, IAA), the Client must provide NRG with the Buyer Number, Lot Number, and a valid Gate Pass/Release Form immediately upon booking.
4.2. Storage Fees: NRG is not responsible for storage fees incurred at auctions due to the Client's delay in providing release documentation. Any "Storage Fee" required to release a vehicle is the sole responsibility of the Client and must be paid before the Carrier arrives.
4.3. Dealer Trades: For "Dealer-to-Dealer" swaps, the Client must ensure that the "Sending Dealer" is aware of the pickup window. If a Carrier is turned away by a Sending Dealer, a $250 Dry Run Fee will be billed to the Client’s account.
5. DISPATCH, SCHEDULING, AND LOAD TENDERING
5.1. Load Tendering: A load is considered "Tendered" when the Client accepts a quote and NRG issues a Dispatch Summary.
5.2. Time is Not of the Essence: While NRG acknowledges the "Floor Plan" interest costs and sales deadlines of dealerships, all pickup and delivery dates are estimates. NRG is not liable for "Loss of Sale," "Rental Car Reimbursement," or "Floor Plan Interest" due to transit delays caused by weather, equipment breakdown, or driver hours-of-service (HOS) regulations.
6. COMMERCIAL PAYMENT TERMS (NET-15 / NET-30)
6.1. Credit Terms: Approved Commercial Clients may be eligible for Net-15 or Net-30 billing terms. Invoices are issued upon the "Vehicle Delivered" status in our system.
6.2. Late Payments: Invoices not paid within the agreed-upon term (e.g., 31 days for Net-30) are subject to a 1.5% monthly late fee or the maximum allowed by New York state law.
6.3. Suspension of Service: NRG reserves the right to "Stop Movement" on all current and future loads if a Commercial Account has an invoice past 45 days.
6.4. Payment Methods: B2B payments must be made via ACH, Wire Transfer, or Corporate Check. Credit card payments for commercial accounts are subject to a 3.5% convenience fee.
7. INSURANCE COVERAGE AND CARRIER VETTING
7.1. Minimum Standards: NRG maintains a rigorous carrier vetting process. We ensure every Carrier assigned to a commercial load maintains:
Minimum $100,000 Cargo Insurance (Higher for exotic/high-value fleets).
Minimum $1,000,000 Auto Liability.
Valid Operating Authority and a "Satisfactory" safety rating from the FMCSA.
7.2. High-Value Loads: For vehicles with a fair market value exceeding $100,000 (e.g., luxury dealer inventory), the Client must notify NRG in writing so that a "High-Value Rider" or a specifically insured Carrier can be assigned. Failure to disclose high value limits the insurance recovery to the Carrier's standard policy limits.
8. LIABILITY AND CARMACK AMENDMENT
8.1. Statutory Limitation: Liability for loss or damage to cargo is governed by the Carmack Amendment (49 U.S.C. § 14706).
8.2. Broker Disclaimer: NRG Transportation Inc. shall not be liable for the physical loss or damage to the vehicles. The Client’s sole remedy for cargo damage is a claim against the Motor Carrier’s insurance. NRG will act as an intermediary to facilitate the claim but does not guarantee payment by the Carrier’s insurer.
8.3. Concealed Damage: For volume shipments, "Concealed Damage" (damage not visible due to dirt, weather, or night delivery) must be reported in writing within 24 hours of delivery, accompanied by high-resolution photos.
9. DISPUTE RESOLUTION AND JURISDICTION
9.1. Mandatory Mediation: In the event of a commercial dispute exceeding $10,000, the parties agree to participate in non-binding mediation in New York, NY, before initiating litigation.
9.2. Governing Law: This Agreement is governed by the laws of the State of New York and applicable Federal Transportation Laws.
9.3. Venue: The parties consent to the exclusive jurisdiction of the state and federal courts located in New York County, NY.
10. TERMINATION AND MODIFICATION
10.1. Termination: Either party may terminate the Commercial Account relationship with 30 days' written notice. All outstanding invoices become due immediately upon notice of termination.
10.2. Non-Circumvention: The Commercial Client agrees not to "back-sell" or directly contact Carriers introduced by NRG for a period of 12 months following the last shipment. Violation of this clause entitles NRG to a commission fee equal to 25% of all shipments moved directly with said Carrier.
11. CORPORATE CONTACT INFORMATION
NRG Transportation Inc.
Address: NRG Transportation Headquarters: 641 Lexington Avenue, New York ,NY 10022
Working Duration: Monday to Friday: 9:00 AM to 6:00 PM
Email: sales@nrgtransportation.us
Phone: (716) 250-3068