1. LEGAL STATUS AND AGENCY DISCLOSURE
NRG Transportation Inc. (hereinafter "NRG," "Broker," or "Company") is a licensed and bonded freight broker registered with the Federal Motor Carrier Safety Administration (FMCSA) under USDOT #4329853 and MC #1690404.
1.1. Brokerage Capacity: You, the "Customer," explicitly acknowledge that NRG is a Property Broker and not a Motor Carrier. NRG does not own or operate car-hauling equipment, nor do we employ the drivers who perform the physical transport. Our role is strictly limited to arranging for the transportation of your vehicle by identifying and contracting with a third-party Motor Carrier ("Carrier").
1.2. Independent Contractor Status: All Carriers utilized by NRG are independent entities. NRG does not exercise "control and secondary supervision" over the methods, routes, or specific drivers used by the Carrier. Consequently, NRG is not liable for the acts, omissions, or negligence of any Carrier.
2. THE QUOTATION AND BOOKING ENGINE
2.1. Accuracy of Quotes: Instant quotes generated via https://nrgtransportation.us/ or provided by sales agents at (716) 250-3068 are based on the specific metrics provided by the Customer.
2.2. Modification Surcharges: Any vehicle that has been modified from its factory specifications (e.g., lift kits, oversized tires, roof racks, low-clearance spoilers, or dually wheels) must be disclosed. Failure to disclose modifications may result in a price increase of $150 to $500 at the time of pickup, or a "Dry Run" fee if the Carrier’s equipment cannot physically accommodate the vehicle.
2.3. Inoperable Vehicles: A vehicle is considered "Operable" only if it can be started, driven onto the trailer under its own power, and has functioning brakes. If a vehicle becomes inoperable at any point during the process, an "Inoperable Fee" (minimum $200) will be added to the total balance.
3. PAYMENT TERMS AND FINANCIAL OBLIGATIONS
3.1. The Two-Part Payment Structure:
Part A (Broker Fee/Deposit): This fee is due once a Carrier is assigned. This represents NRG's earned commission for sourcing and vetting the logistics provider.
Part B (Carrier Balance/COD): The remaining balance is typically paid to the Driver at the point of delivery.
3.2. Acceptable Forms of Payment: For the Carrier Balance, only Cash, Cashier’s Check, or Money Order are accepted. Credit cards and personal checks are strictly prohibited at the time of delivery unless pre-arranged and processed through NRG’s central office with an additional 3% to 5% service fee.
3.3. Non-Payment Clause: If the Customer fails to provide payment at delivery, the Carrier is legally entitled to place the vehicle in a storage facility at the Customer’s expense. Re-delivery fees and daily storage rates will apply and must be settled before the vehicle is released.
4. VEHICLE PREPARATION AND HAZMAT PROHIBITION
4.1. Personal Property: Per Federal Department of Transportation (DOT) regulations, car haulers are not licensed to transport "Household Goods." While NRG allows up to 100 lbs of personal items in the trunk, this is done at the Customer's sole risk. Neither NRG nor the Carrier is liable for the loss or damage of items left inside the vehicle.
4.2. Prohibited Items: You represent and warrant that the vehicle contains no:
Explosives, firearms, or ammunition.
Illegal drugs or contraband.
Hazardous materials or flammable liquids (fuel tanks should be at roughly 1/4 capacity).
Perishable items or live plants/animals.
5. THE BILL OF LADING (BOL) AND INSPECTION PROTOCOL
The Bill of Lading (BOL) is the legal "Receipt of Goods" and the primary evidence in any insurance claim.
5.1. Pickup Inspection: The Customer must walk around the vehicle with the Driver and ensure all pre-existing damage (scratches, dents, chips) is noted on the BOL.
5.2. Delivery Inspection: Upon delivery, the Customer MUST conduct a final inspection. Any new damage not listed on the Pickup BOL MUST be written on the Delivery BOL before signing.
5.3. Waiver of Claims: Signing the Delivery BOL without noting damage constitutes a "Clean Delivery," and you effectively waive your right to file an insurance claim. Photos and videos taken at the time of delivery are supportive evidence but do not replace the legal requirement of noting damage on the BOL.
6. INSURANCE SUBROGATION AND LIMITATIONS
6.1. Carrier Insurance: All Carriers are required to carry a minimum of $100,000 in Cargo Insurance. In the event of damage, NRG will provide the Customer with the Carrier’s insurance certificate and assist in the claim process. However, the final settlement is between the Customer and the Carrier’s insurance provider.
6.2. Excluded Damages: Neither NRG nor the Carrier is liable for:
Damage caused by "Acts of God" (hail, floods, storms, etc.).
Damage caused by road debris (stone chips, cracked windshields from highway gravel).
Mechanical or electrical failure (engine, transmission, or battery issues that occur during transit without a physical collision).
Damage to convertible tops that are over 5 years old or have pre-existing wear.
7. CANCELLATION AND REFUND POLICY
7.1. Customer-Initiated Cancellation: If you cancel before a Carrier is assigned, you are entitled to a full refund of any deposit.
If you cancel after a Carrier has been assigned and dispatched, the Broker Fee is non-refundable.
7.2. Carrier-Initiated Delays: Transport dates are estimates. We do not guarantee specific pickup or delivery dates. Cancellations based on a 1-to-3-day delay are subject to the standard non-refund policy of the Broker Fee.
8. INDEMNIFICATION AND FORCE MAJEURE
8.1. Indemnity: You agree to indemnify and hold NRG Transportation Inc. harmless from any claims arising out of your failure to disclose vehicle defects, illegal items, or incorrect ownership documentation.
8.2. Force Majeure: NRG shall not be liable for any failure to perform its obligations where such failure results from any cause beyond NRG’s reasonable control, including, without limitation, mechanical failure, weather-related road closures, labor strikes, or national emergencies.
9. MANDATORY ARBITRATION AND GOVERNING LAW
9.1. Governing Law: These Terms shall be governed by the laws of the State of New York.
9.2. Arbitration: All disputes, claims, or controversies shall be settled by binding arbitration in New York, NY, in accordance with the commercial arbitration rules of the American Arbitration Association (AAA).
9.3. Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between NRG and you individually. YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
10. CUSTOMER ACKNOWLEDGMENT
By clicking "Book Now" or signing the electronic Shipping Order, you certify that:
You are the legal owner of the vehicle or have been authorized by the owner to arrange transport.
You have read and agreed to all 10 sections of these Terms and Conditions.
You understand that NRG is a Broker and not a Carrier.
11. CONTACT & CORPORATE 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