[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”1/6″][/vc_column][vc_column width=”2/3″][vc_column_text]Welcome to the onewaytrailers.com website (“Website”), of the Worldwide Equipment Exchange, LLC (“Exchange”). By accessing, browsing, using or requesting onewaytrailers.com’s employees to access on your behalf this Website and the Exchange, you (“Member”, “Equipment User”, or “Equipment Owner”) acknowledge that you have read and agree to be bound by these terms and conditions of this User Agreement and any materials referenced or incorporated herein.
Member Obligations and Representations
- By joining the Exchange as a Member, you represent that your business is financially sound, able to meet its obligations, and to pay the Exchange on time.
- Grants permission to the Exchange to verify its financial integrity.
- It is each Member’s responsibility to comply with all applicable laws and regulations.
- Member agrees not to reveal its identity to other Members when submitting or accepting a Post.
- Each Post must be for a specific piece of Equipment.
- Member will only use proper and professional language.
- Only offer Equipment that you intend to make available to other Members.
- Only request Equipment or respond to a Post when you intend to accept delivery.
- Member agrees to accept the Exchange’s invoices via email. Member agrees to reference the Exchange’s Order ID# in all communications with the Exchange and other Members.
- When possible, Member agrees to communicate with the Exchange through the Website or email.
By posting the availability of Equipment, the Equipment Owner represents to the Exchange and to all Members, that the Equipment will be clean inside and out, well maintained, in good repair, odor-free, uncontaminated, and is suitable for transport, fully meeting industry standards and USDOT inspection guidelines; and is currently appropriately licensed; that Equipment Owner has the legal right to release the Equipment to another; and will assume full responsibility for compliance with all FHWA Leasing Regulations under Title 49 Code of Federal Regulations (CFR) 376 et. Seq.
User Name and Password
Member agrees to use their business email address as their User Name on the Website, and to choose and protect their Password and other identifying information with the utmost care. Member agrees to not disclose or share its Password with any third parties or use Password for any unauthorized purpose. Representatives of onewaytrailers.com will never ask for your Password.
Acceptance of a Post
When an Equipment User accepts a Post the Equipment Owner will be notified via email. The Exchange will generate an Equipment Receipt, which will identify the Members, Equipment, and details and obligations of the accepted Post. The Equipment Receipt is available to Members to print or download.
By accepting a Post, Members create enforceable contracts with each other. onewaytrailers.com does not guarantee that any Equipment move will be ultimately concluded. By responding to a Post Members agree to their best good faith efforts to conclude each transaction. All agreements among Members must be in accordance with the limitations and requirements set forth in this User Agreement.
Special rules of Conduct for Equipment User
By responding to a Post Equipment User agrees to the following:
- Equipment User is fully responsible for regulatory compliance with all agencies of any state, province or federal government having jurisdiction over the movement of the Equipment and its personnel.
- When Equipment User takes possession of a Member’s trailer hooked or not hooked it is fully responsible for any damage to the trailer, as well as for any damages to third parties or property. Equipment User must carry a minimum of $1,000,000 auto liability insurance and a minimum of $40,000 non-owned trailer physical damage insurance, with a deductible not to exceed $2,500 (higher deductibles are allowed with a personal guarantee for the difference). onewaytrailers.com must be listed as an additional insured (not just a certificate holder) on this insurance. Trailer damage claims must be paid within thirty (30) days. onewaytrailers.com reserves the right to offset damage claims against monies due Equipment User.
- Equipment User agrees to seek payment only from onewaytrailers.com and waives recourse against the Equipment Owner.
- Equipment User understands that it is the only party authorized to be in possession of the trailer; it will effect delivery to final destination; and it will not “broker” the trailer to any other party.
- Equipment User will pickup, transport and deliver the Equipment in accord with the Equipment Owners specifications in the relevant Post and this User Agreement.
- Equipment User will provide daily status updates before 10 a.m. its local time, to the Equipment Owner through the Website of the whereabouts of the Equipment, any delays, and estimated time of arrival.
- Equipment User agrees that it will not place or claim a lien against the Equipment for any reason.
- Equipment User shall deliver the Equipment in as good condition as when accepted.
- Equipment User agrees to maintain a minimum on time pickup and delivery percentage of 98% or higher.
If Equipment User is a Motor Carrier:
- Carrier holds all necessary licenses, permits or other authorizations to engage in the transportation of commodities for hire within the geographic area where the Equipment will move.
- Carrier is fully responsible for the safe transportation of any cargo that it places upon the Equipment, subject to any commodity restriction requests by Equipment Owner. Carrier shall load and unload any cargo at its sole expense. The Exchange assumes no responsibility for any cargo.
- Carrier is fully insured in such amounts as are required by the FHWA, and will insure all trailers and any cargo therein while in its possession.
- Carrier will not use the Equipment for the transportation of garbage, refuse, waste products or contaminants and agrees to disclose any commodities that will be or have been transported in the Equipment.
If Equipment User is a Truck Dealer:
- Dealer holds all necessary licenses, permits, bonds or other authorizations to engage in the transportation of empty trailers.
Fees & Payments
All fees must be paid in U.S. Dollars and shall be collected from and remitted to the appropriate Members solely by the Exchange. Member may offer a Use Fee for delivery or use of Equipment. The Exchange does not charge a fee for membership, database searches, to make a Post or to cancel an Unaccepted Post. The Exchange does retain a Transaction Fee ($200.00 minimum) of the difference between the amount it receives from the Equipment Owner and the amount it pays to the Equipment User for each Transaction:
- If upon inspection Equipment User reasonably finds the Equipment is defective or materially different than represented and cannot be used, then Equipment Owner shall have until 1 p.m. the next day (not business day) to repair Equipment or produce a replacement. If the Equipment cannot be repaired or replaced the Exchange shall invoice the Use Fee to the Equipment Owner and shall pay the Equipment User.
- If after taking possession of Equipment, Equipment User is unable to complete delivery to the destination, Equipment User acknowledges that it is not entitled to any Use Fee and agrees to reimburse the Exchange for any reasonable expenses incurred to final delivery of Equipment. The Equipment Owner shall still be obligated to pay the Use Fee.
- If Equipment does not arrive at its destination by the original scheduled delivery time, Equipment User agrees to pay to the Exchange a Detention Fee of $150.00 for every twenty-four (24) hour period Equipment is delayed. The Exchange will allow for a twenty-four (24) hour free period beginning from the original scheduled delivery time.
- There may be fees to cancel an Accepted Post. Because of the unique nature of each Post any Cancellation Fees will be negotiated between the Exchange and Members on an individual basis.
- The Exchange shall transmit invoices on the date Equipment User accepts the trailer. All invoices shall be paid net thirty (30) days. A FINANCE CHARGE of 1�% (ANNUAL RATE OF 18%) of the unpaid balance will be added monthly. If Member’s account is assigned to an outside agency for collection, Member agrees to pay all attorney fees, with or without suit, court costs, and a collection fee of 50%, which will be added to the outstanding balance of Member’s account.
- The Exchange shall pay any Use Fees within thirty (30) days after notification of the Equipment’s arrival at the destination or within thirty (30) days from invoice date.
MEMBERS SPECIFICALLY AGREE THAT THEY WILL NOT ENGAGE IN THE PRACTICE OF OFFSET FOR ANY CLAIMS OF ANY NATURE WHATSOEVER.
- onewaytrailers.com reserves the right to limit the number of Posts made by any Member.
- Any Post may be removed at the discretion of onewaytrailers.com.
- The Exchange may change or amend this User Agreement, or any Material referenced or incorporated herein, and its method and means of conducting business at any time. A notice of any such change or amendment shall be posted on the Website. By continuing to use the Website or the services of the Exchange three days thereafter, Member agrees to be bound by any such changes or amendments. Any Member not in agreement with such changes or amendments should exercise its right to terminate its membership.
- Either Party may terminate this Agreement at any time by giving notice to the other party. However, any termination shall not release Member from completing any Equipment movement then in transit. Nor shall it release the Member from its obligation to pay any outstanding debts, or from any other liability that it may have incurred in connection with Member’s use of the Equipment; and shall not release the Exchange from its obligation to remit payments then due Member.
- Any information which comes into the possession of Member with respect to how the Exchange has designed, modified or built the Website, operates its business, services its members, its accounting and billing procedures, its technology, software, hardware, intellectual properties, patents pending, and all related business information will be treated by the Member as a confidential trade secret, and the Member shall keep any such information confidential during the term of this Agreement and after its termination. Member acknowledges that monetary relief would be inadequate to protect the rights granted the Exchange in this paragraph and that the Exchange may seek injunctive relief to enforce the terms of this paragraph.
- This Agreement shall be interpreted and enforced in accordance with the laws of the State of Utah. Other than where injunctive relief is sought, onewaytrailers.com shall have the option to litigate disputes or to elect to resolve disputes through binding arbitration under the rules of the American Arbitration Association. Jurisdiction for all dispute resolution and collection of monies shall be Salt Lake County, Utah. The party found at fault shall pay all costs of the prevailing party, including reasonable attorney fees.
No Warranty; Limitations on Liability
The use of the service is entirely at Member’s risk, the services are provided “as is,” without warranty of any kind or responsibility either express or implied including (without limitation) any warranty of title, noninfringement, merchantability, or fitness for particular purpose, whether related to the services, or otherwise.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, in any way relating to or arising out of the services or the attempted use thereof or any transactions or action arising out of the services or the attempted use thereof or any transactions or action between Members, whether for breach of contract, tortuous behavior, negligence (whether of onewaytrailers.com or otherwise), or under any other cause of action.
Neither onewaytrailers.com nor any of its agents, affiliates, or business partners shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of use of the services or actual transactions, intended transactions, or Equipment Users use of Equipment, or otherwise arising out of the use of the Website or of the services of Member’s inability to gain access to or use the Website.
If Member becomes entitled to any recovery, each Member agrees that its recovery shall be limited to the amount of fees and expenses actually paid by such Member to onewaytrailers.com within six months preceding the event or action giving rise to liability, or $500.00, which ever amount is less.
Member indemnifies onewaytrailers.com and its officers, directors, owners, independent contractors, employees, agents, and affiliates for and from any Loss by reason of, in any way relating to, or arising out of:
(a) Member’s use of the Website or the Services, any violation of any law, rule, or regulation arising by reason of such use; (b) any claim or dispute which may arise between Members. (Including, without limitation, any claim arising from or relating to transactions with respect to any Post and associated Equipment Receipt, or Equipment use by an Equipment User); (c) any information supplied by or through a Member or any transactions with such Member; (d) Member’s violation of the User Agreement.
Updated: 4/2/2009[/vc_column_text][/vc_column][vc_column width=”1/6″][/vc_column][/vc_row]