Thank you for using EasyHaul.com's logistics services. By using our website, products, and services, you accept and agree to our terms and conditions, so please take a few minutes to read over the Logistics Service Agreement below.
1. DEFINITIONS
In addition to those terms defined elsewhere in this Agreement, the following terms have the following definitions:
"Agreement" |
This Logistics Services Agreement |
"Effective Date" |
05/29/2025 |
"You" or "you" |
|
"EasyHaul" |
EasyHaul.com, LLC
6168 NE HWY 99 STE 100
Vancouver, WA 98665
|
"Vehicle" |
Year:
Make:
Model:
VIN:
|
2. ACCEPTANCE OF THIS AGREEMENT
You are entering into a binding legal agreement. This Agreement sets out the terms and conditions pursuant to which EasyHaul offers you its logistics services ("Services"). For the purposes of this Agreement, "EasyHaul" means and includes EasyHaul and its affiliates, subsidiaries, investors, owners, members, shareholders, officers, directors, employees, agents, representatives, and assigns.
Please be advised that this Agreement affects your legal rights and contains provisions that govern how claims you and EasyHaul have against each other are resolved (see Section 14 – Dispute Resolution). You should read this entire Agreement carefully before accepting it. If you object to anything in this Agreement, or otherwise do not understand or agree to be bound by the terms of this Agreement, do not use EasyHaul's Services. If you use EasyHaul's Services in any way, you agree to and are bound by this Agreement. You may print a copy of this Agreement by using the print button or feature in the browser. EasyHaul suggests retaining a copy for future reference.
3. PERSONAL AND CONTACT INFORMATION
You agree that EasyHaul may access and obtain your personal and contact information provided by you to the website or company that referred you to EasyHaul ("Referring Website"), including without limitation your name, address, phone number, and email address. For the purposes of this Agreement, "Referring Website" means and includes Referring Website and its affiliates, subsidiaries, investors, owners, members, shareholders, officers, directors, employees, agents, representatives, and assigns.
4. EMAIL AND TELEPHONE COMMUNICATION
You agree to receive communications from EasyHaul via email to the email address that you provided during your registration with Referring Website. You agree that all notices or communications sent to you via email satisfy any legal requirement that such communications be in writing.
You agree to receive telephone communications (including text messages) to the telephone number that you provided during registration with the Referring Website.
You agree that You must substantively respond to communications from EasyHaul within two (2) business days. Failure to timely respond may lead to additional costs and fees, and you agree to be liable for all amounts flowing from or related in anyway to your failure to timely and substantively communicate with EasyHaul.
5. PAYMENT AND FEES
5.1 Fee for Service
All fees must be paid by credit/debit card or wire transfer at the time of ordering. (International customer must pay by wire transfer only.) EasyHaul will not provide any Services to you unless and until you pay all related fees in-full. EasyHaul may cancel your order if you do not make full payment within two (2) business days of submitting your order. EasyHaul reserves the right to change or modify acceptable payment methods for any reason without prior notice to you.
5.2 Rate Changes
5.2.1 The price quoted to you is valid for two (2) business days from the date of the Effective Date of this Agreement and is valid only with respect to the Vehicle.
5.2.2 You hereby agree to pay for any increase in the rate or fees if the Vehicle is not available for pick up within two (2) business days of the Effective Date of this Agreement.
5.2.3 Title or ownership documents are required for international shipment of any vehicle. You hereby agree to provide all required documents to EasyHaul no later than fifteen (15) days from the Effective Date of this Agreement. If such documents are not received by EasyHaul within the time specified, you agree to pay EasyHaul for any rate adjustment related to any shipment delays, including without limitation transport and Storage Fees.
5.3 Other fees and changes to amounts due.
In addition to those fees specified in Section 5.1 above, additional fees may be incurred by you related to services and charges by third-parties, and you agree to pay these fees as they arise. Such other fees include without limitation:
5.3.1 Storage Fees. Vehicles may be stored in warehouses prior to shipment. You are responsible for all Storage Fees charged by the warehouse. Storage Fees begin to accrue daily if your vehicles remains in the warehouse more than 15-30 days, depending on the warehouse and other factors outside of our control. If your vehicle arrives without proper documentation, you may be charged Storage Fees of up to Fifty Dollars ($50) per day, as of the day of arrival at the warehouse. In all cases, you will be charged daily Storage Fees starting no later than the 30th day after your vehicle arrives at the warehouse.
5.3.2 Dry Run Fees. Any Storage Fees or auction fees that may be owed by you related to the Vehicle shall be paid by you prior to the scheduled pick up time. If such fees are not paid at the scheduled time of pick up and the Vehicle is not released to the carrier for transport, EasyHaul may cancel your order sixty (60) minutes after the scheduled pick up time or arrival of the carrier (whichever is later), recall the carrier, and charge a dry run fee equal to 50% of the amount charged pursuant to Section 5.1 of this Agreement as liquidated damages to EasyHaul.
5.3.3 Third-Party Loading or Unloading Fees. You are responsible for any and all fees and charges associated with the loading of the Vehicle at the origin of the shipment (including but not limited to loading fees at the auction location) and/or unloading the Vehicle at the destination. If the Vehicle cannot be driven on/off the transport vehicle, you must arrange and pay for the necessary equipment and/or service(s) to load/unload the Vehicle on/off the transport vehicle. Should Carrier, as a courtesy to you, pay any third-party the fee for loading or unloading your Vehicle, you shall reimburse the Carrier upon delivery of your Vehicle and presentation of proof of such payment. The Carrier, in its sole and absolute discretion, shall determine whether your Vehicle can or cannot be driven on/off the transport vehicle.
If your Vehicle cannot be driven onto the Carrier's transport vehicle for whatever reason and you have not arranged for the loading of your Vehicle within sixty (60) minutes after the scheduled pick up time or arrival of the Carrier (whichever is later), EasyHaul may recall the Carrier, and charge you a "Non-Loading Fee" of fifty percent (50%) of the amount charged pursuant to Section 5.1 of this Agreement as compensation to EasyHaul and Carrier for their loss of time, effort, and related expenses. Alternatively, as described above in this Section 5.3.2, Carrier may, but is not required to, arrange and pay for any additional third-party service necessary to place the Vehicle on the transport vehicle and obtain reimbursement from you.
5.3.4 Restricted Zone Delivery Fees. Shipping prices quoted by EasyHaul or Referring Website do not reflect additional fees that may be charged for access to restricted zones including without limitation military installations, government facilities, airports, and seaports.
5.3.5 Destination Customs Fees. You are solely responsible for all fees and charges related to customs at the destination
5.3.6 Cancellation Fees for Domestic Shipping. If you cancel your order to transport your Vehicle at any time before EasyHaul engages a Carrier, You must pay a Cancellation Fee of $50 USD. If you cancel your order to transport your Vehicle at any time after we engage a Carrier, You must pay a Cancellation Fee of $150 USD. This amount will be deducted from your refund (if any).
5.3.7 Cancellation, Late and Storage Fees for International Shipping. If you cancel your order to transport your Vehicle at any time before EasyHaul engages a Carrier, You must pay a Cancellation Fee of $80 USD. If You cancel your order to transport Your Vehicle at any time after we have engaged a Carrier but before that Carrier picks up Your vehicle, You must pay a Cancellation Fee of $150 USD. If You cancel Your order to transport Your Vehicle after we have engaged a Carrier and that Carrier has already picked up the vehicle, You will pay a Cancellation Fee consisting of the Carrier’s delivery fee to the warehouse where the Vehicle was to be loaded for shipping (“Warehouse”), plus, starting at seven (7) days following the confirmed pickup of Your Vehicle from the auction lot, You will pay an additional One Hundred Dollars ($100 USD) per day as a Late Fee, plus Storage Fees. Unless you receive written approval from us, twenty (20) days following the confirmed pickup of Your Vehicle, the option to cancel is forfeited and you agree that we may proceed under Section 5.4 below.
5.3.8 U.S. Customs and Border Protection and other third-party Inspection Related Fees and changes to amounts due. Sometimes, U.S. Customs and Border Protection or other third-party agency having authority over the international shipment of vehicles may choose to inspect a container or shipment. In such cases, the container may be reloaded, or the Vehicle may be shifted to a new container. New sailing dates may or may not be arranged. Any and all Inspection Fees and Fees flowing from such inspection, including but not limited to transportation fees, shipping line fees, and any other fees, which may come in one or more invoice, are Your responsibility. You agree and acknowledge that we are not responsible for any inspection related delay or cost. You agree to accept any new shipment date and pay all Inspection Fees.
5.3.9 Carrier unviability. In the event that EasyHaul is unable to secure a carrier for shipment or is unable to find a carrier in a timely manner with the original shipping brokerage fee, EasyHaul may provide you the opportunity to increase the shipping brokerage fee to provide an incentive for a carrier to accept a particular shipment. If EasyHaul is unable, with or without an incentive for a carrier, to obtain a carrier or obtain a carrier in a timely basis, EasyHaul may cancel the provision of shipping brokerage services, as detailed in Section 9.
5.3.10 Missing Documentation Fees. If a Vehicle remains at the Warehouse for more than fifteen (15) days and You have not provided all required documentation in proper form, including but not limited to ownership documents, and powers of attorney, then EasyHaul and or the Warehouse may charge we and or Warehouse may charge Missing Documentation Fees of up to 80$ per day until all required documentation is provided and the Vehicle is shipped.
5.3.11 Other Fees. If Carrier is required to pay any other fees or charges to the auction facility or any third-party in order for your Vehicle to be released and/or available for pick up (e.g. unpaid Storage Fees), you shall reimburse Carrier for these fees and charges upon delivery of your Vehicle and presentation of proof of such payment.
5.4 Nonpayment. You are responsible for the full payment of all fees and charges incurred by you in connection with Your use of our Services. If payment in full is not made within seven (7) to ten (10) days following the confirmed pickup of Your Vehicle, depending on the location of your Vehicle, You will pay an additional One Hundred Dollars ($100 USD) per day as a Late Fee, plus Storage Fees of up to Fifty Dollars ($50 USD) per day. If payment in full is not received within twenty (20) days following the confirmed pickup of Your Vehicle, and You have not received written approval for an exception from us, or if additional charges are incurred and you do not pay such charges within twenty (20) days of us sending you a notice of such charges, You agree that ownership of Your Vehicle vests in us and You waive any claims to the Vehicle or any amounts paid to EasyHaul or third-parties related to EasyHaul’s transport of the Vehicle. You acknowledge that we may still pursue You for all amounts due to EasyHaul or third-parties related to EasyHaul’s transport the Vehicle. You agree that if other fees arise, including but not limited to those outlined in Section 5.3, You will pay such fee within seven (7) days of EasyHaul sending You an invoice for the amount due. If You do not timely pay these fees, You agree that ownership of Your Vehicle will transfer to EasyHaul, and you agree to waive any claims to the Vehicle or any prior amount paid to EasyHaul or third-parties related to EasyHaul’s transport of the Vehicle.
6. EASYHAUL'S DUTY
EasyHaul shall use commercially reasonable efforts to locate and arrange a carrier to transport Your Vehicle.
7. YOUR DUTIES
In addition to the duties, obligations, and responsibilities stated elsewhere in this Agreement, you shall be solely and exclusively responsible for the following:
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Loose parts that fall off a vehicle, otherwise missing parts, items transported along with a Vehicle and/or which are placed inside the Vehicle prior to transport.
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Damage or other loss to a Vehicle or its contents.
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Obtaining titles and keys to Vehicle. You shall obtain these from the auction house or other place of Vehicle purchase directly. EasyHaul is not responsible for obtaining titles or keys.
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Export Insurance (refer to Section 10).
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Being available at the time of delivery. In the event You are not available or reachable by phone at the time of delivery, then the driver will have the right to make a decision to off load the Vehicle without You or anyone present at delivery to sign for the vehicle. The driver will take photos of the Vehicle and You agree that the photos of the vehicle constitutes proof of delivery. The driver, at his/her election, may instead take the Vehicle to a storage facility nearby or available to the driver. You agree that if driver so elects, You are responsible for arranging and paying for delivery from that facility. You are responsible for any Storage Fees or any other fee incurred due to Your not being available at the time of delivery. If You are not available at the time of delivery, You waive all claims regarding the Vehicle and the delivery of the Vehicle.
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Providing offloading equipment. You are responsible for providing any equipment required to offload the Vehicle from the transporter. If You do not provide the necessary equipment at the time the Vehicle is delivered, the driver may arrange necessary off-loading. You are responsible for all delays and costs incurred due to Your failure to have appropriate off-loading equipment.
8. PICKUP AND DELIVERY
8.1 Pickup and Delivery Date. EasyHaul is in the business of arranging the pickup and delivery of vehicles with third-party carriers and is dependent on the schedules of such carriers. Therefore, EasyHaul cannot and does not guarantee your pickup or delivery date. EasyHaul will request but does not guarantee that the carrier will contact or notify you prior to pick up of the Vehicle.
8.2 Carrier Inspection. You hereby grant the carrier the right to inspect the Vehicle at the time of pickup to determine whether the description and condition of the Vehicle is as represented by you to EasyHaul and/or the carrier.
8.3 Carrier Equipment. The equipment used to ship your Vehicle shall be adequate to the task but EasyHaul cannot and does not guarantee that any specific type of freight transport vehicle will be available even if requested by you.
8.4 Residential Deliveries Not Guaranteed. EasyHaul will arrange for a carrier to deliver your Vehicle to a destination that is accessible by the carrier and which is nearest to the destination specified by you. However, residential deliveries are often not possible due to the size of the carrier's transport vehicle and/or local traffic regulations. Therefore, residential deliveries are not guaranteed.
8.5 Refusal of Delivery. EasyHaul has no responsibility for your vehicle if you refuse to accept delivery of the vehicle, nor does your refusal to accept the vehicle alter any agreements you’ve previously entered into regarding the purchase of your vehicle.
9. CANCELLATION OF THE PROVISION OF SHIPPING BROKERAGE SERVICES
Due to a range of circumstances that may arise, including without limitation the availability of carriers, distance, geographical constraints, and/or weather-related conditions, EasyHaul reserves the right to cancel this Agreement if a qualified, ready, and willing carrier cannot be located and engaged, or for any other reason that EasyHaul deems appropriate. Should such cancellation occur, EasyHaul shall refund to you all sums paid by you. Upon receipt of refund in-full, you shall have no claims against EasyHaul for any cancellation under this section of the Agreement. A cancellation by EasyHaul does not alter any agreements You may have with the party You purchased the Vehicle from. If is Your duty to obtain substitute shipping and pay any Late Fees, Storage Fees, or any other amount, as provided in Your agreement with the seller of your vehicle.
10. IMPORT AND EXPORT
10.1 Export Not Guaranteed
You are responsible for determining whether you may legally import the vehicle into your country. EasyHaul does not represent, warrant, or guarantee that any vehicle can be imported into your country.
We will send the vehicle ownership documents and Bill of Lading to the agent or to your address based on shipping type once the vehicle clears US Customs.
US Customs requires the original vehicle title or ownership document and Bill of Lading to process your vehicle. Once US Customs processes your vehicle, we will send you the original title or ownership document and Bill of Lading via certified courier service.
10.2 Export Insurance
Upon written request by you, EasyHaul may make arrangements for insurance coverage of your Vehicle that is to be shipped outside of the United States. Export insurance coverage is optional, and it is your responsibility to request such coverage. Written request for insurance coverage must be made separately for each vehicle. Export insurance coverage is only available for vehicles that have no missing parts and are not damaged. Export insurance is not available for any "salvage" vehicles.
11. DISCLAIMERS
Please read the following disclaimers carefully.
ANY SERVICES PROVIDED TO YOU BY EASYHAUL ARE PROVIDED "AS IS", WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) TO YOU OR ANY THIRD-PARTY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
EASYHAUL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO ANY SERVICES PROVIDED TO YOU BY OR THROUGH OTHER PERSONS, INCLUDING WITHOUT LIMITATION REFERRING WEBSITE OR ANY OTHER PROVIDER OF ADDITIONAL GOODS OR SERVICES.
12. GENERAL RELEASE AND INDEMNIFICATION OF REFERRING WEBSITE
You acknowledge, understand, and agree that Referring Website is not a party to any transaction(s) you enter into regarding your use of EasyHaul's Services or the transportation of your Vehicle. Accordingly, you unconditionally waive and release your rights (if any) to bring any Claim (as defined in Section 14 – Dispute Resolution) against Referring Website. Additionally, you hereby agree to indemnify and hold harmless Referring Website from and against any Claim (as defined in Section 14 – Dispute Resolution).
13. LIMITATION OF LIABILITY
YOU AGREE THAT, NOTWITHSTANDING ANY OTHER TERMS OR CONDITIONS STATED HEREIN TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EASYHAUL'S TOTAL LIABILITY TO YOU OR TO ANY THIRD-PARTY (WHETHER JOINTLY, SEVERALLY, OR INDIVIDUALLY) FOR ANY CLAIM (AS DEFINED IN SECTION 14 – DISPUTE RESOLUTION) NOT AMOUNTING TO A WILLFUL OR INTENTIONAL WRONG, SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO EASYHAUL PURSUANT TO THIS AGREEMENT.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EASYHAUL SHALL NOT UNDER ANY CIRCUMSTANCES HAVE ANY LIABILITY WHATSOEVER TO YOU OR ANY THIRD-PARTY (WHETHER JOINTLY, SEVERALLY, OR INDIVIDUALLY) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOSSES, OR EXPENSES, EVEN IF EASYHAUL HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME, FOR ANY CLAIM (AS DEFINED IN SECTION 14 – DISPUTE RESOLUTION) NOT AMOUNTING TO A WILLFUL OR INTENTIONAL WRONG.
The provisions of this section shall apply regardless of the form of action, damage, claim, liability, cost, expense, or loss, whether in contract, statute, tort (including without limitation negligence), or otherwise. In jurisdictions that prohibit the exclusion or limitation of liability for consequential, incidental, or other damages, the liability of EasyHaul is limited to the greatest extent permitted by law.
In other words, if EasyHaul makes any mistake or error, the most you can get back or hold EasyHaul liable for is the amount you paid to EasyHaul for the Services at issue.
14. DISPUTE RESOLUTION
You and EasyHaul agree that any claim, demand, controversy, dispute, or cause of action arising out of or in any way related to this (or any previous version of this) Agreement, your relationship with EasyHaul, or your use of (or inability to use) EasyHaul's Services (collectively "Claim") will be resolved in accordance with the provisions set forth in this section. Please read this section carefully. This section affects your rights and will have a substantial impact on how any Claim you may have against EasyHaul is resolved.
14.1 Limitations Periods
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE SERVICE(S) AT ISSUE OR BE FOREVER BARRED MUST BE COMMENCED WIT HIN ONE (1) YEAR AFTER THE DATE OF THE SERVICE(S) AT ISSUE OR BE FOREVER BARRED. You agree that this limitations period is reasonable due to the nature of the transactions contemplated in this Agreement.
14.2 Applicable Law
You agree that the laws of the State of Washington shall govern this Agreement, your relationship with EasyHaul, and any Claim, notwithstanding of any conflict of laws principles and without regard to your state or country of residence, domicile, or origin, or where you accessed EasyHaul's website or Services.
This Agreement shall have precedence over any federal or state provision governing or dealing with the specific provisions of this Agreement. The Parties agree that pursuant to 49 U.S.C. § 14101 (b)(1) they expressly waive any and all rights and remedies under the Interstate Commerce Commission Termination Act, as amended, and regulations promulgated thereunder, including part B of Subtitle IV, Interstate Transportation, 49 U.S.C. § 13101, et seq. (collectively "Acts"), that may be inconsistent with this Agreement. The Parties hereby agree that 49 U.S.C. § 101 et. seq. are hereby inapplicable to any and all actions which may arise from this Agreement. No Party shall challenge this Agreement on the grounds that any such provision violates the waived rights and remedies under the Acts.
14.3 Prevailing Party Entitled to Reasonable Attorney Fees
The prevailing party in any Claim shall be entitled to reasonable attorney fees in connection therewith. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party shall be decided by the court or courts, including any appellate court, in which any Claim is tried, heard, or decided.
14.4 Notice of Dispute Form
We want to avoid litigation, and we hope you do, too. Therefore, if either of us has a dispute with the other, other than related to the collection of all amounts due us under this Agreement or EasyHaul’s actions related to amounts due, we must first send to the other, by certified mail, a completed Notice of Dispute form. The Notice of Dispute form is available here. You should send your Notice of Dispute to us at the following address:
EasyHaul.com, LLC
Re: Notice of Dispute
6168 Hwy. 99, Ste. 100
Vancouver, WA 98665
We will send a Notice of Dispute to you at the address obtained from the Referring Website. It is your responsibility to keep your address updated. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If we are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or EasyHaul may initiate litigation.
14.5 Agreement to Arbitrate
You and EasyHaul agree that any Claim shall be resolved exclusively through final and binding arbitration, rather than in any court. You and EasyHaul agree that each waives any right to a jury trial under this Agreement to Arbitrate. You agree not to file or initiate litigation or any legal action (including arbitration or small claims actions) against EasyHaul, or any third-party related to EasyHaul who is involved in the transport of the Vehicle, other than as provided in this Agreement. If the event you do file or initiate litigation in violations of this Agreement, no applicable limitations period(s) will be tolled during the pendency of any litigation or action instituted. In the event you file or initiate litigation (including local and or small claims actions), you hereby agree to pay all costs (including but not limited to court fees, attorney's fees (which shall include an award for the use of EasyHaul’s in-house attorney at a rate of the greater of Three Hundred Dollars ($300) per hour or the current market rate), travel expenses, and other related expenses) incurred by EasyHaul related to EasyHaul's efforts to get such litigation or action dismissed and/or transferred arbitration as provided herein.
14.5.1 Prohibition of Class and Representative Actions and Non-Individualized Relief
You and EasyHaul agree that each of you can only bring a claim against the other only on an individual basis and not as a part of a class action or proceeding. Unless EasyHaul agrees, no one may consolidate or join more than one person’s or party’s claim. No one may preside over a consolidated, class, or representative action. Any relief awarded cannot affect other EasyHaul customers.
14.5.2 Arbitration Procedure
The arbitration will be governed by Arbitration Services of Portland. The arbitrator shall not be bound by rulings in prior arbitrations involving different EasyHaul customers but is bound by rulings in prior arbitrations involving the same EasyHaul customer to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration of any Claim shall be held in Portland, Oregon or Vancouver, Washington, at the arbitrator’s discretion, except as such rules and procedures are modified as follows:
- The arbitration hearing shall take place no later than 120 days after arbitration is initiated.
- Where no party’s claim exceeds $10,000 (exclusive of interest, attorney fees, and arbitration costs), the dispute shall be resolved by submission of documents unless the arbitrator specifically determines that an oral hearing is necessary. Within 14 days after appointment of the arbitrator, the arbitrator shall schedule a preliminary case management teleconference to establish fair and equitable procedures for the submission and review of documents. The final date for submissions (including any response and replies, if permitted) shall be no later than 120 days after arbitration is initiated.
- Except where no party’s claim exceeds $10,000 (exclusive of interest, attorney fees, and arbitration costs), each party (or each party’s representative if such party is an entity or organization) must appear in-person at the arbitration hearing.
- Discovery of documents and other tangible things shall be limited to those documents and other tangible things which each party intends to rely on during the arbitration.
- Documents presumed admissible shall include this Agreement, the applicable sale documents (including the Invoice, Bill of Sale, Statement of Facts, Damage Disclosure Statement, and Power of Attorney), and all emails sent to one party from the other party.
- It shall not be a requirement for a document to be presumed admissible that the party offering a document has made available, after request, to other parties all other related documents from the same author or maker.
- Legal issues (which may be resolved without need for reliance on factual issues) shall be resolved via summary disposition by the arbitrator prior to the arbitration hearing.
- At least two business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. The arbitrator shall resolve disputes concerning the exchange of exhibits.
- Unless applicable law provides otherwise, the arbitration may proceed in the absence of any party who fails to appear at the arbitration hearing or fails to submit documents in a dispute to be resolved by the submission of documents. An award may be made solely on the default of a party for failure to appear.
- If the total and combined relief requested is $100,000 or more (exclusive of interest, attorney fees, and arbitration costs), a party may appeal purely legal errors and manifestly erroneous factual findings
The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over any arbitration. Rather, the ASP rules shall determine the number of arbitrators that may preside over any given arbitration conducted under this Agreement to Arbitrate.
The form for initiating any arbitration proceeding is available on ASP's website. In addition to filing this form with the ASP in accordance with its rules and procedures, you must send, by certified mail, a copy of the completed form to EasyHaul at the following address to initiate arbitration proceedings:
EasyHaul.com, LLC
Attn: Legal Department
Re: Arbitration Claim
6168 NE Hwy 99 #100,
Vancouver, WA 98665
In the event EasyHaul initiates arbitration against You, EasyHaul will send a copy of the completed form to the address you provided to us. Any settlement offer made by you or EasyHaul shall not be disclosed to the arbitrator.
14.5.3 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the ASP's rules, unless otherwise stated in this Agreement to Arbitrate.
14.5.4 Severability
With the exception of any of the provisions in Section 9.4.1 (Prohibition of Class and Representative Actions and Non-Individualized Relief) of this Agreement to Arbitrate, if an arbitrator or court decides that any portion of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 9.4.1
(Prohibition of Class and Representative Actions and Non-Individualized Relief) of this Agreement to Arbitrate is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of this Agreement (including all other provisions of Section 9 – Dispute Resolution) shall continue to apply.
If an arbitrator or court decides that the requirement set forth in Section 9.4.2 (Arbitration Procedures) that any arbitration under this Agreement to Arbitration be held in Portland, Oregon is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply and any arbitration shall instead be held in the county in which you reside or at another mutually agreed location. In cases where an in-person hearing is held, you and/or EasyHaul may attend by telephone, unless the arbitrator requires otherwise.
14.5.5 Opt-Out Procedure
YOU MAY CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING EASYHAUL A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NOT LATER THAN 10 DAYS AFTER THE DATE ON WHICH YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME, AND YOU MUST MAIL THE OPT-OUT NOTICE VIA CERTIFIED OR REGISTERED MAIL, RETURN-RECEIPT REQUESTED, TO:
EasyHaul.com, LLC
Attn: Legal Department
Re: Opt-Out Notice
6168 NE Hwy 99 #100, Vancouver, WA 98665
For your convenience, the Opt-Out Notice form that you must complete and mail to Opt-Out of the Agreement to Arbitrate is available here. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and email address you provided to EasyHaul. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can Opt-Out of the Agreement to Arbitrate. If you Opt-Out of the Agreement to Arbitrate, all other parts of this Agreement (including all other provisions of Section 14 (Dispute Resolution) will continue to apply to you. If you Opt-Out of this Agreement to Arbitrate, this has no effect on any previous, other, or future arbitration agreements that you may have with EasyHaul
14.5.6 Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in this Agreement to the contrary, you and EasyHaul agree that if EasyHaul makes any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any Claim that was filed in a legal action or proceeding against EasyHaul prior to the effective date of the change. The change shall apply to all other Claims governed by the Agreement to Arbitrate that have arisen or may arise between you and EasyHaul.
14.5.7 Judicial Forum for Claims
Unless you and EasyHaul otherwise agree, in the event that the Agreement to Arbitrate under Section 14.5 (Agreement to Arbitrate) is found not to apply to you or to any particular Claim, either as a result of your decision to Opt-Out of the Agreement to Arbitrate or as a result of any decision by any arbitrator or court, you agree that any Claim must be resolved exclusively by the state or federal courts located in Multnomah County, Oregon. You consent to venue and personal jurisdiction of such courts for the purposes of litigating all such Claims.
To the extent permitted by applicable law, you voluntarily and expressly agree to waive (and/or not exercise your rights under) any statute or law that provides you with the ability to revoke or otherwise invalidate this mandatory forum selection clause (or any portion thereof).
The parties agree that nothing under this section shall prohibit any party from enforcing or otherwise seeking to collect on any judgment in any jurisdiction permitted by applicable law.
14.5.8 Attorney Fees
Except when arbitration is undertaken to collect amounts due from You or related to Your breach of this Agreement, under which circumstances You agree that You are responsible for all our fees, attorney fees, and costs, as detailed herein, or except when attorney fees are specifically provided under this Agreement, the ASP rules, or by applicable law, the parties acknowledge and agree that each party shall bear its own costs, expenses, and attorney fees incurred in connection with any Claim, even if such party is the “prevailing party” in connection with any Claim. All references in this Agreement to attorney fees shall specifically include an award to EasyHaul for time incurred by EasyHaul’s in-house attorney, at a rate of no less than Three Hundred Dollars ($300) per hour, in addition to outside counsel fees, costs, and expenses, if any.
14.6 Service of Process
You agree to the service of process by the certified or registered mailing of a copy of the summons and complaint to the last address provided by you to EasyHaul.
15. GENERAL PROVISIONS
15.1 Term
This Agreement shall commence on the Effective Date and shall terminate upon the delivery of the Vehicle to your destination. Any rights and obligations which arise from the Agreement during its term shall survive its termination.
15.2 Force Majeure
If a Force Majeure Event occurs, and as a result either Party is prevented from performing one or more obligation(s) under this Agreement, such Party will be excused from performing such obligation(s) on the condition that it complies with this section.
For purposes of this Agreement, "Force Majeure Event" means, with respect to a party, any event or circumstance, regardless of whether it was foreseeable, that was not caused by such party and that prevents such party from the performance of any obligation(s) under this Agreement (other than the obligation to pay money), on condition that such party uses reasonable efforts to do so.
Upon occurrence of a Force Majeure Event, the nonperforming Party shall promptly notify the other Party of occurrence of that Force Majeure Event, its effect on performance, and how long that party expects it to last. Thereafter the nonperforming Party shall update that information as reasonably necessary. During a Force Majeure Event, the nonperforming Party shall use reasonable efforts to limit damages to the other party and to resume its performance under this Agreement.
15.3 No Third-Party Beneficiaries
You understand and agree that, except as otherwise expressly stated in this Agreement, this Agreement creates no third-party beneficiary rights.
15.4 No Joint Venture
You acknowledge and agree that no independent contractor, partnership, joint venture, employer-employee, principal-agent, or franchiser- franchisee relationship is intended or created by this Agreement or your use of EasyHaul's Services. As such, you shall not have, or hold out to any third-party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding on EasyHaul, except as provided herein or authorized in writing by EasyHaul.
15.5 Confidentiality
The Parties shall keep in confidence and not disclose to any third-party, the terms of this Agreement, nor any confidential or propriety information about the other Party, including but not limited to rates, value, origin, destination, or destination, customer or consignee of any shipment hereunder. The Parties may disclose such terms and information to the extent required by law, or to obtain financing, or to accountants and auditors to the limited extent of their needs to assess the accuracy of freight bills.
15.6 Waiver
EasyHaul's failure to enforce a provision of this Agreement is not a waiver of its right to do so later.
15.7 Severability
If any provision (or portion thereof) of this Agreement is found by an arbitrator or a court of competent jurisdiction to be unenforceable, such provision (or portion thereof) will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. If an arbitrator or a court finds the modified provision to be unenforceable, the enforceability of the remaining provisions of this Agreement will not be affected in any way.
15.8 Integration
This Agreement constitutes the entire agreement between you and EasyHaul with respect to its subject matter and replace and supersede any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. There have been no representations, warranties, or promises outside of this Agreement.
15.9 Contact
You may contact EasyHaul in any of the following ways:
+1 (888) 456-4564
[email protected]
EasyHaul, LLC
6168 NE Hwy. 99, Ste. 100
Vancouver, WA 98665