Terms Of Service
QLT NEXUS LLC
TERMS OF SERVICE
Version 7 • Effective Date: June 22, 2026
929shipcar.com • ship@qltnexus.com • (786) 437-7697
7901 4th St N, Suite 300 • Saint Petersburg, FL 33702
1. INTRODUCTION
These Terms of Service (“Terms”) govern the transportation brokerage services provided by QLT Nexus LLC (“QLT Nexus,” “Company,” “we,” “our,” or “us”).
By requesting a quote, submitting shipment information, providing payment information, booking transportation services, approving pricing, authorizing transportation arrangements, or otherwise using services provided by QLT Nexus, Customer agrees to be bound by these Terms.
If Customer does not agree to these Terms, Customer shall not use QLT Nexus services. These Terms constitute a legally binding agreement between Customer and QLT Nexus.
2. DEFINITIONS
For purposes of these Terms:
“Authorized Representative” means any individual authorized by Customer to act on Customer’s behalf, including but not limited to a spouse, family member, friend, employee, dealership representative, relocation coordinator, agent, or other designated representative.
“Bill of Lading” or “BOL” means the inspection report, shipping document, receipt, condition report, delivery receipt, or similar transportation document issued by the Carrier documenting vehicle condition, pickup, delivery, and transportation details.
“Broker Fee” means the fee charged by QLT Nexus for transportation brokerage services, including carrier sourcing, carrier screening, dispatch coordination, administrative services, and transportation arrangement services. The Broker Fee is separate from any carrier transportation charges, TONU fees, or other Carrier-assessed charges. Unless otherwise stated in writing, the Broker Fee is $249.00.
“Carrier” means a motor carrier, transportation provider, driver, trucking company, transportation company, or other third-party transportation provider that physically transports a Vehicle.
“Carrier Assignment” means the point at which both of the following conditions have been satisfied: (a) a Carrier has accepted the Shipment; and (b) QLT Nexus has transmitted an Order Confirmation to Customer at the email address, SMS number, or other contact information on file at the time of booking, notifying Customer that a Carrier has been assigned. Carrier Assignment is complete upon transmission of the Order Confirmation by QLT Nexus, regardless of whether Customer reads, receives, or acknowledges the Order Confirmation. QLT Nexus’s internal records reflecting transmission of the Order Confirmation shall constitute prima facie evidence of the date and time of Carrier Assignment.
“Customer” means the individual, business entity, organization, dealership, company, or other person requesting, booking, purchasing, authorizing, or using transportation brokerage services provided by QLT Nexus.
“Force Majeure Event” means any event beyond the reasonable control of QLT Nexus, including hurricanes, tropical storms, tropical depressions, floods, fires, wildfires, ice storms, severe weather, acts of God, government actions, executive orders, regulatory directives, DOT orders, road closures, bridge closures, labor strikes, labor disruptions, cyberattacks, telecommunications failures, pandemics, public health emergencies, civil unrest, and carrier operational interruptions caused by events beyond a Carrier’s reasonable control.
“Order” means a request submitted by Customer for transportation brokerage services.
“Order Confirmation” means any written communication issued by QLT Nexus confirming pricing, booking information, shipment information, transportation arrangements, or Carrier Assignment, including electronic communications transmitted by email, SMS text message, or other written means.
“Personal Property” means any item not permanently installed by the vehicle manufacturer that is placed inside, attached to, or transported with the Vehicle.
“Shipment” means the transportation services arranged for a Vehicle and all related transportation activities contemplated by these Terms.
“TONU” or “Truck Ordered Not Used” means a charge assessed by a Carrier when transportation services cannot be completed due to Customer action, Customer inaction, inaccurate information, vehicle condition, cancellation, or vehicle unavailability. TONU fees are assessed by the Carrier, are separate from the Broker Fee, and may vary by Carrier and by the circumstances giving rise to the charge. TONU fees are not set or controlled by QLT Nexus.
“Vehicle” means any automobile, passenger vehicle, SUV, pickup truck, van, motorcycle, commercial vehicle, collector vehicle, exotic vehicle, recreational vehicle, fleet vehicle, or other approved motor vehicle submitted for transportation.
3. NATURE OF SERVICES AND BROKER STATUS
QLT Nexus is a licensed transportation broker. QLT Nexus arranges transportation services between Customers and independent third-party motor carriers. QLT Nexus is not a motor carrier. QLT Nexus does not own transportation equipment. QLT Nexus does not transport vehicles. QLT Nexus does not take possession of vehicles. QLT Nexus does not store vehicles. QLT Nexus does not load or unload vehicles. QLT Nexus does not employ drivers performing transportation services. Transportation services are performed exclusively by independent third-party Carriers.
Customer acknowledges that QLT Nexus acts solely as an intermediary arranging transportation services and does not assume the duties, obligations, liabilities, or responsibilities of a motor carrier.
QLT Nexus does not and shall not:
(a) supervise, direct, oversee, or control any Carrier driver’s conduct, performance, route selection, driving practices, or work activities;
(b) select, approve, hire, fire, discipline, train, schedule, or dispatch any Carrier’s drivers or personnel;
(c) direct, approve, restrict, or control the routes, methods, means, timing, or manner of transportation used by any Carrier;
(d) specify, inspect, approve, maintain, or control the equipment, vehicles, trailers, tie-downs, straps, ramps, or loading devices used by any Carrier; or
(e) operate, move, drive, or transport any Vehicle.
All transportation-related decisions, including but not limited to route selection, equipment use, loading and unloading procedures, and driver supervision, are made exclusively by the Carrier in its capacity as an independent motor carrier. QLT Nexus’s communications with Carriers regarding pickup and delivery logistics constitute coordination activities incidental to brokerage services and do not constitute operational control over any Carrier’s transportation activities. Nothing in these Terms shall be construed to create an employer-employee, principal-agent, or joint venture relationship between QLT Nexus and any Carrier or Carrier driver.
4. ELIGIBLE SHIPMENTS
QLT Nexus may arrange transportation for passenger vehicles, pickup trucks, SUVs, vans, motorcycles, commercial vehicles, collector vehicles, exotic vehicles, and fleet vehicles. QLT Nexus reserves the right to accept or reject any shipment request in its sole discretion. Vehicle acceptance may depend upon route requirements, equipment availability, Carrier requirements, safety considerations, legal restrictions, or other operational factors.
5. PROHIBITED SHIPMENTS
Customer shall not use QLT Nexus services to transport: hazardous materials, explosives, firearms, ammunition, illegal substances, controlled substances not lawfully possessed, currency in excess of $100.00, negotiable instruments, jewelry, precious metals, valuable collectibles, household goods, furniture, commercial freight, live animals, perishable goods, or any item prohibited by applicable law.
Unless expressly approved in writing by both QLT Nexus and the Carrier, no Personal Property may be transported within the Vehicle. QLT Nexus reserves the right to refuse, cancel, delay, or terminate any Shipment involving prohibited items. Customer shall be solely responsible for all losses, damages, penalties, claims, fines, costs, and liabilities arising from prohibited items placed within a Vehicle.
6. QUOTES, PRICING, AND CUSTOMER APPROVAL
All quotes provided by QLT Nexus are estimates based upon information available at the time the quote is prepared, including vehicle information, vehicle condition, pickup location, delivery location, market conditions, fuel costs, carrier availability, seasonal demand, and transportation requirements. Quotes do not constitute a binding offer.
Customer acknowledges that transportation pricing may change before Carrier Assignment. If transportation pricing changes prior to Carrier Assignment, QLT Nexus shall provide Customer with updated pricing for approval. Customer may accept or decline revised pricing before Carrier Assignment without penalty, Broker Fee obligation, cancellation fee, or TONU fee.
QLT Nexus shall not dispatch a Carrier, finalize transportation arrangements, or charge the Broker Fee unless Customer has approved final pricing and shipment details. Once Customer approves final pricing and Carrier Assignment occurs, the Broker Fee becomes earned and non-refundable.
7. PRICING ADJUSTMENTS
Pricing adjustments may be required if information provided by Customer is inaccurate, incomplete, omitted, misleading, or changes after booking. Pricing adjustments may result from:
(f) inaccurate vehicle descriptions;
(g) undisclosed modifications;
(h) oversized tires;
(i) lift kits or lowering kits;
(j) inaccurate dimensions or weight;
(k) inoperable vehicles represented as operable;
(l) route changes;
(m) pickup location changes;
(n) delivery location changes;
(o) date changes;
(p) transportation method changes; or
(q) additional services requested after booking.
Customer shall be responsible for all reasonable costs and additional charges resulting from inaccurate or incomplete information. If Customer declines revised pricing after Carrier Assignment, the Broker Fee shall remain earned and non-refundable, and Customer may remain responsible for applicable Carrier fees, TONU fees, cancellation fees, storage fees, or other charges incurred.
8. BOOKING, PAYMENT AUTHORIZATION, AND BROKER FEE
Customer may be required to provide a payment method during the booking process. By providing payment information, Customer authorizes QLT Nexus and its authorized payment processors to securely store Customer’s payment information for authorized transportation-related charges. Customer acknowledges that submission of payment information does not necessarily result in an immediate charge. The Broker Fee shall become due upon Carrier Assignment. Unless otherwise agreed in writing, the Broker Fee shall be $249.00. Customer authorizes QLT Nexus to charge the Broker Fee upon Carrier Assignment without requiring additional authorization. The remaining transportation balance may be payable directly to the Carrier or through another approved payment method as communicated to Customer.
8(b) Stored Credential Authorization
By providing payment information during the booking process, Customer expressly authorizes QLT Nexus and its authorized payment processors to:
(r) securely store Customer’s payment credentials as a stored credential pursuant to applicable card network rules, including but not limited to Visa’s Stored Credential Framework and Mastercard’s Merchant-Initiated Transaction rules;
(s) initiate a merchant-initiated transaction in the amount of the applicable Broker Fee upon the occurrence of Carrier Assignment, without requiring additional real-time authorization from Customer;
(t) initiate additional merchant-initiated transactions for TONU fees, cancellation fees, dry-run fees, storage fees, redelivery fees, waiting time charges, detention charges, and other charges authorized under these Terms, at the time such charges are incurred or assessed; and
(u) retain Customer’s payment credentials on file for the duration of the Shipment and any post-delivery claim or dispute period.
Customer acknowledges that this stored credential authorization is a material condition of QLT Nexus’s agreement to arrange transportation services. Charges will be initiated only upon the specific triggering events identified in these Terms. Customer will receive an Order Confirmation or fee notice at or near the time each charge is initiated. QLT Nexus’s electronic records, including booking timestamps, IP addresses, and Order Confirmation delivery records, shall be admissible to establish the validity of any charge in any dispute proceeding. The charge authorized by this stored credential authorization is for QLT Nexus’s brokerage services as described in Section 8(e). Those services are fully rendered upon Carrier Assignment, and the Broker Fee becomes non-refundable at that time regardless of subsequent transportation events. Documentation of Carrier Assignment constitutes QLT Nexus’s evidence of service completion for purposes of any payment dispute proceeding with any card network, payment processor, or financial institution.
8(c) Communications Consent
By providing a telephone number during the booking process, Customer expressly consents to receive automated and non-automated telephone calls, prerecorded voice messages, and text messages (SMS/MMS) from QLT Nexus and its authorized service providers at the telephone number provided, for the following purposes:
(v) booking confirmations and Order Confirmations;
(w) informational messages regarding Shipment status, Carrier Assignment, scheduling, and logistics;
(x) dispatch updates, pickup notifications, and delivery notifications;
(y) customer service communications, including responses to Customer inquiries;
(z) fraud verification and identity confirmation messages;
(aa)payment notifications and billing communications; and
(bb)any other communication reasonably necessary to facilitate the transportation services contemplated by these Terms.
Message and data rates may apply. Message frequency may vary based on Shipment activity. To opt out of text messages, reply STOP to any text message received from QLT Nexus. To receive help, reply HELP. Opting out of text messages may affect QLT Nexus’s ability to deliver time-sensitive transportation notifications. Consent to receive communications is not a condition of purchasing services from QLT Nexus. Records of SMS communications are maintained as described in Section 27.
8(d) Privacy Policy
QLT Nexus’s collection, use, storage, and disclosure of Customer personal information is governed by QLT Nexus’s Privacy Policy, available at https://929shipcar.com/privacy or upon written request to QLT Nexus. The Privacy Policy is incorporated into these Terms by reference and constitutes part of the agreement between Customer and QLT Nexus. Customer is encouraged to review the Privacy Policy before submitting personal or payment information. By using QLT Nexus’s services, Customer acknowledges having had the opportunity to review the Privacy Policy.
8(e) Broker Fee — Nature of Services and Service Completion
The Broker Fee is charged for QLT Nexus’s brokerage services, which consist exclusively of: (a) carrier sourcing — identifying and evaluating available carriers for the Shipment; (b) carrier screening — performing verification and fraud prevention procedures as described in Section 16; (c) carrier coordination — negotiating transportation terms and arranging the Shipment with the selected Carrier; (d) carrier assignment — securing the Carrier’s commitment to transport the Vehicle; and (e) dispatch coordination — transmitting Shipment information and Order Confirmation to Customer and Carrier.
These brokerage services are fully performed and the Broker Fee is fully earned and non-refundable upon Carrier Assignment. The Broker Fee is not a payment for the physical pickup, transportation, or delivery of the Vehicle. Physical transportation services are performed by the Carrier as an independent motor carrier, and Carrier charges are separate from the Broker Fee. A Customer cancellation, Carrier delay, transportation failure, or failure of physical delivery does not constitute a failure by QLT Nexus to render brokerage services, does not entitle Customer to a refund of the Broker Fee, and does not constitute a valid basis for a chargeback on “services not rendered” grounds.
9. CHARGEBACKS AND PAYMENT DISPUTES
Customer agrees that before initiating any chargeback, payment reversal, or payment dispute, Customer will first contact QLT Nexus in writing at ship@qltnexus.com and allow QLT Nexus seven (7) business days to investigate and respond. QLT Nexus will provide Customer with documentation supporting any charge within that period, including documentation of Carrier Assignment and charges authorized under Section 8(b).
Customer acknowledges that the Broker Fee becomes earned upon Carrier Assignment. The filing of a chargeback or payment dispute shall not cancel Customer’s contractual obligations. If a chargeback is initiated for a valid charge and QLT Nexus prevails, Customer shall remain responsible for the disputed amount and any reasonable collection costs, chargeback fees, and recovery expenses as provided in Section 9A. Nothing in this section limits Customer’s rights to dispute unauthorized or fraudulent charges.
Before initiating a chargeback, filing a regulatory complaint, or making a public allegation regarding a Shipment or QLT Nexus’s services, Customer agrees to first contact QLT Nexus at ship@qltnexus.com or (786) 437-7697 and provide QLT Nexus a reasonable opportunity to investigate and respond to the matter. QLT Nexus will acknowledge receipt of a written dispute within two (2) business days and will provide a substantive response within seven (7) business days. Nothing in this paragraph limits Customer’s legal rights to file complaints with regulatory authorities or to make truthful statements about Customer’s experience.
9A. COLLECTION COSTS AND ATTORNEY FEES
If QLT Nexus is required to take collection action to recover any amount legitimately owed by Customer under these Terms, Customer shall be responsible for all reasonable costs incurred by QLT Nexus in connection with such collection, including:
(cc) reasonable attorney fees incurred in connection with collection efforts;
(dd)collection agency fees and costs;
(ee)chargeback fees, reversal fees, and payment network dispute fees assessed against QLT Nexus in connection with any chargeback or payment dispute initiated by Customer for a charge subsequently determined to be valid;
(ff) court filing fees and court costs incurred in any collection proceeding; and
(gg)any other reasonable out-of-pocket costs directly incurred in collecting the unpaid amount.
This provision applies solely to the collection of amounts legitimately owed under these Terms and shall not be construed as a general prevailing-party attorney fee clause.
10. CANCELLATION POLICY
Customer may cancel a Shipment before Carrier Assignment without penalty and without Broker Fee obligation. Once Carrier Assignment occurs, the Broker Fee shall be deemed earned and non-refundable. If Customer cancels after Carrier Assignment, Customer shall remain responsible for:
(hh)the Broker Fee;
(ii) applicable TONU fees assessed by the Carrier;
(jj) Carrier cancellation fees;
(kk) dry-run fees;
(ll) storage fees;
(mm) redelivery fees; and
(nn)other reasonable charges incurred as a result of Customer’s cancellation, delay, inaccurate information, or failure to make the Vehicle available.
QLT Nexus may, in its sole discretion, waive or reduce fees as a customer accommodation. Any such waiver or reduction shall not create a continuing obligation, precedent, or modification of these Terms.
11. TONU, DRY-RUN, STORAGE, REDELIVERY, AND CARRIER CHARGES
Customer acknowledges that Carriers incur costs when transportation services are scheduled and equipment is dispatched. The Broker Fee is separate from and in addition to any TONU fees, Carrier charges, or other transportation-related charges. TONU fees are assessed by the Carrier and may vary based on the Carrier, the route, the circumstances giving rise to the charge, and industry conditions. Customer shall be responsible for all TONU fees, dry-run fees, cancellation fees, storage fees, redelivery fees, waiting time charges, detention charges, and other reasonable charges assessed by a Carrier due to:
(oo)Customer cancellation after Carrier Assignment;
(pp)Vehicle unavailability;
(qq)Customer failure to appear;
(rr) inaccessible pickup or delivery locations;
(ss) inaccurate shipment information;
(tt) undisclosed vehicle conditions;
(uu)inability to release the Vehicle;
(vv) inability to accept delivery; or
(ww) any other circumstance attributable to Customer.
QLT Nexus may collect such fees on behalf of the Carrier. Customer remains responsible for such charges whether assessed directly by the Carrier or collected through QLT Nexus.
11A. STORAGE FEES, REFUSED DELIVERY, AND VEHICLE RELOCATION
11A.1 Refused Delivery or Unavailability
If Customer or Customer’s Authorized Representative: (a) refuses delivery of the Vehicle for any reason; (b) is unavailable to accept delivery at the scheduled delivery location; (c) fails to provide required keys, access devices, security codes, or sufficient battery charge as required by Sections 12B and 13A; or (d) is otherwise unable or unwilling to take possession of the Vehicle at the time of the Carrier’s delivery attempt, the following provisions apply.
11A.2 Relocation Authority
QLT Nexus is authorized, without further notice to or consent from Customer, to direct the Carrier to: (a) retain the Vehicle in the Carrier’s custody pending Customer’s retrieval arrangements; (b) relocate the Vehicle to a storage facility, towing yard, impound lot, or other secure location of the Carrier’s or QLT Nexus’s reasonable choosing; or (c) take such other reasonable action as is necessary to secure the Vehicle pending Customer contact.
11A.3 Customer’s Financial Responsibility
All costs arising from a refused delivery or access failure, including daily storage fees, towing costs, gate fees, impound fees, lien fees, and administrative costs, begin accruing immediately upon the delivery attempt or Carrier’s retention of the Vehicle and are Customer’s sole financial responsibility. QLT Nexus may charge such costs to the payment method on file pursuant to Section 8(b). The Vehicle will not be released until all accrued charges are paid in full.
11A.4 Damage Claim Independence
Customer’s refusal of delivery based on claimed damage does not relieve Customer of storage or retrieval costs and does not constitute a basis for withholding payment of any charge authorized under these Terms. Customer’s damage claim must be pursued through the procedures in Section 23 independently of Customer’s obligation to accept and retrieve the Vehicle.
11B. UNCLAIMED AND ABANDONED VEHICLES
11B.1 Abandonment Defined
A Vehicle shall be deemed abandoned if Customer fails to: (a) retrieve the Vehicle or make written retrieval arrangements; and (b) respond to QLT Nexus’s written communications at the contact information on file, within thirty (30) calendar days of a delivery attempt, refused delivery, or Carrier’s retention of the Vehicle following an access failure.
11B.2 QLT Nexus Rights Upon Abandonment
Upon a Vehicle being deemed abandoned, QLT Nexus may, without further obligation to Customer: (a) authorize the Carrier or storage facility to pursue applicable motor vehicle storage lien and abandoned vehicle disposal procedures under Fla. Stat. §§ 713.585 and 715.07 or other applicable law; (b) direct the Carrier or storage facility to notify applicable state motor vehicle authorities; and (c) terminate QLT Nexus’s operational involvement with the Shipment.
11B.3 Customer’s Continuing Liability
Customer remains responsible for all storage fees, lien fees, legal costs, administrative costs, and disposition costs accruing with respect to an abandoned Vehicle. QLT Nexus is not liable for any damage, loss, deterioration, theft, or diminution in value of an abandoned Vehicle during any storage or abandonment period.
12. VEHICLE DESCRIPTION, CONDITION, AND CUSTOMER DISCLOSURES
Customer is solely responsible for providing complete, accurate, and current information regarding the Vehicle. Customer shall accurately disclose:
(xx) year, make, model, and trim level;
(yy) operable or inoperable condition;
(zz) modifications or aftermarket equipment;
(aaa) oversized tires or wheels;
(bbb) lift kits or lowering kits;
(ccc) roof racks, bed racks, cargo racks, toolboxes, spoilers, body kits, and other accessories;
(ddd) mechanical, electrical, steering, braking, suspension, battery, transmission, tire, or operational issues;
(eee) electric or hybrid vehicle status; and
(fff) any condition affecting loading, unloading, transportation, or delivery.
Customer warrants that all information provided is accurate and complete. Customer shall be responsible for any costs, delays, repricing, cancellations, or Carrier charges arising from inaccurate, incomplete, misleading, or omitted information. QLT Nexus shall not be responsible for transportation issues resulting from inaccurate information supplied by Customer.
12A. CUSTOMER OWNERSHIP AND AUTHORITY WARRANTY
Customer represents and warrants that, at the time of booking and throughout the period of transportation:
(ggg) Customer is the registered owner of the Vehicle, or Customer has lawful authority to authorize transportation of the Vehicle on behalf of the owner, including but not limited to authority as a lessee, lienholder with possession rights, authorized agent, licensed dealer, or other legally authorized party;
(hhh) Customer has the legal right to contract for transportation of the Vehicle and to authorize the arrangements contemplated by these Terms;
(iii) to Customer’s knowledge, the Vehicle is not subject to any repossession order, civil hold, law enforcement hold, court order, or other legal process that would restrict its transportation; and
(jjj) all ownership, registration, and authority information provided to QLT Nexus is accurate and complete.
Customer shall indemnify, defend, and hold harmless QLT Nexus, its officers, employees, agents, and assigns from and against any and all claims, demands, losses, damages, costs, attorney fees, fines, penalties, and liabilities of any nature arising out of or related to: (i) any dispute regarding ownership, title, or right to transport the Vehicle; (ii) any repossession, impoundment, or seizure of the Vehicle by any lienholder, government authority, or court; (iii) any claim that Customer lacked authority to authorize transportation of the Vehicle; or (iv) any fraud, misrepresentation, or material omission by Customer regarding Vehicle ownership or authority.
12B. VEHICLE ACCESS REQUIREMENTS
Customer shall ensure that the following are available to the Carrier at the time of Vehicle pickup, as applicable:
(kkk) all keys and key fobs required to start, unlock, and operate the Vehicle;
(lll) wheel lock key or lug nut key, if the Vehicle is equipped with wheel locks;
(mmm) charging adapter, charging cable, or other equipment required to charge or move an electric or hybrid Vehicle;
(nnn) any access device, key card, proximity fob, or other entry device required to unlock or operate the Vehicle;
(ooo) any security codes, PIN codes, anti-theft codes, or software unlock credentials required to move, load, or transport the Vehicle; and
(ppp) any other access items, equipment, or information reasonably necessary to allow the Carrier to load, unload, reposition, inspect, and transport the Vehicle.
Customer is responsible for all costs, delays, TONU fees, storage fees, redelivery fees, and Carrier charges resulting from failure to provide required access items at pickup. A Vehicle that cannot be started, moved, or loaded due to Customer’s failure to provide required access items may be classified as inoperable under Section 13.
12C. SALVAGE, REBUILT-TITLE, AUCTION, AND NON-STANDARD VEHICLES
Customer shall disclose at the time of booking if the Vehicle:
(qqq) has a salvage title, rebuilt title, junk title, flood title, lemon law buyback title, or any title designation other than a clean title;
(rrr) is being purchased from an auction, dealer auction, insurance auction, or salvage yard;
(sss) has sustained prior structural damage, frame damage, or airbag deployment;
(ttt) has missing or non-functional parts that may affect loading, unloading, or transportation; or
(uuu) is subject to any condition, lien, or legal status that may affect the Carrier’s ability to accept or transport the Vehicle.
Customer acknowledges that Carriers may decline to transport salvage-title or non-standard vehicles, that Carrier cargo insurance may not cover salvage or damaged vehicles, and that condition-related claims involving vehicles with pre-existing structural or title issues are inherently more difficult to resolve. QLT Nexus shall not be responsible for a Carrier’s refusal to transport a Vehicle based on its title status or condition, or for any insurer’s denial of a claim based on Vehicle title or pre-existing damage.
13. OPERABLE AND INOPERABLE VEHICLES
Unless otherwise disclosed and accepted in writing, all Vehicles shall be presumed operable. An operable Vehicle must be capable of: (a) starting; (b) steering; (c) braking; (d) shifting into gear; (e) rolling freely; and (f) being safely loaded and unloaded under its own power.
Vehicles failing to satisfy these requirements may be classified as inoperable. If a Vehicle represented as operable is determined to be inoperable, additional charges may apply. The Carrier may refuse pickup, delay transportation, require specialized equipment, or assess additional charges. Customer shall remain responsible for any resulting costs, delays, storage fees, TONU fees, or cancellation fees.
13A. ELECTRIC AND HYBRID VEHICLE REQUIREMENTS
If the Vehicle is a fully electric, plug-in hybrid, or hybrid vehicle, Customer shall:
(vvv) disclose the Vehicle’s electric or hybrid status at the time of booking;
(www) ensure that the Vehicle has sufficient battery charge at the time of pickup to permit loading, unloading, repositioning, inspection, and all transport-related movements required by the Carrier;
(xxx) unless otherwise directed in writing by the assigned Carrier, ensure that the Vehicle has a minimum battery charge of twenty-five percent (25%) at the time of pickup;
(yyy) provide all necessary charging adapters, charging cables, and equipment as required under Section 12B; and
(zzz) disclose any software restrictions, remote access requirements, or manufacturer limitations that may affect the Carrier’s ability to move or transport the Vehicle.
A Vehicle with insufficient battery charge to permit safe loading, unloading, or repositioning may be classified as inoperable under Section 13, and all provisions applicable to inoperable Vehicles shall apply. Customer shall be responsible for all additional charges, TONU fees, storage fees, delays, specialized equipment costs, and Carrier charges resulting from failure to disclose electric or hybrid vehicle status or to present the Vehicle with sufficient battery charge at pickup.
13B. VEHICLE PREPARATION REQUIREMENTS
13B.1 Vehicle Cleanliness for Inspection
Customer shall present the Vehicle in a condition reasonably suitable for inspection at the time of pickup. Excessive dirt, mud, snow, ice, road salt, or other contamination that prevents accurate visual inspection of the Vehicle’s exterior may delay pickup, require the Carrier to note “unable to inspect due to vehicle condition” on the Bill of Lading, limit Customer’s ability to document or dispute damage, or result in additional charges. QLT Nexus and the Carrier shall not be responsible for damage that could not be identified at pickup due to the Vehicle’s condition at the time of Carrier inspection.
13B.2 Fuel Level
Gasoline and diesel vehicles should be presented with no more than one-quarter (1/4) tank of fuel at the time of pickup. Excess fuel adds weight to the transport load and may be subject to additional Carrier charges. Customer is responsible for any additional charges assessed by the Carrier due to excess fuel. This provision applies to gasoline, diesel, and hybrid vehicles; electric vehicle charge requirements are governed by Section 13A.
13B.3 Alarm Systems and Anti-Theft Devices
Customer shall disable any alarm system, immobilizer, kill switch, geofencing system, valet mode, remote-start system, tracking-triggered alert, or other anti-theft or security device that may be triggered during normal loading, transport, or unloading operations, or shall provide the Carrier with complete instructions for disabling such systems. Customer acknowledges that alarm activations during transport may drain the Vehicle’s battery. QLT Nexus and the Carrier shall not be responsible for battery discharge, alarm-related delays, or damage caused by an alarm system that activates or remains active during transportation due to Customer’s failure to disable it or provide disabling instructions.
13B.4 Toll Tags, Transponders, and Parking Passes
Customer shall remove all electronic toll transponders, toll tags, parking passes, and similar devices from the Vehicle before pickup, or shall disable such devices to prevent unintended toll charges during transportation. Customer acknowledges that toll transponders and parking passes left in the Vehicle during transport may generate toll charges, parking fees, or violations as the Carrier travels across state lines and through toll facilities. Customer is solely responsible for any toll charges, fees, violations, or fines incurred as a result of active transponders or passes left in the Vehicle during transportation. QLT Nexus and the Carrier shall not be responsible for such charges.
13B.5 Convertible Tops, Soft Tops, and Removable Panels
Customer is responsible for ensuring that convertible tops, soft tops, retractable hardtops, removable T-tops, removable roof panels, camper shells, tonneau covers, and all similar accessories and covers are properly secured, latched, and closed prior to transportation. Customer shall disclose any known defects in convertible tops or removable panels at the time of booking. QLT Nexus and the Carrier shall not be responsible for water intrusion, wind damage, wear, or damage to convertible or soft-top systems that is attributable to the inherent characteristics of such systems during transport, or to Customer’s failure to secure them properly before pickup.
13B.6 Loose, Damaged, and Improperly Secured Components
Customer shall secure or disclose, prior to pickup, any loose, damaged, detached, or improperly mounted component that could become dislodged or cause damage during loading, transport, or unloading. This includes but is not limited to spoilers, aftermarket wings, mirrors, body panels, trim pieces, running boards, roof racks, bed covers, antenna components, and any other exterior or interior item that is not fully and properly secured. Customer shall be responsible for any damage caused to the Vehicle or to other vehicles on the transport caused by components that detach or become dislodged during transport due to their pre-existing condition.
13B.7 Pre-Existing Battery and Mechanical Conditions
Customer acknowledges that older batteries, partially discharged batteries, electrical system faults, and pre-existing mechanical conditions may cause a Vehicle that was operable at pickup to become inoperable or difficult to move during transportation. Customer shall disclose any known battery weakness, electrical issue, or marginal mechanical condition at the time of booking. QLT Nexus and the Carrier shall not be responsible for the Vehicle becoming inoperable during transportation due to pre-existing battery or mechanical conditions that were present before pickup. If a Vehicle becomes inoperable during transport due to a pre-existing condition, Customer may be responsible for additional charges associated with specialized equipment, roadside assistance, or modified delivery procedures.
13B.8 Keys and Spare Keys
Key and access device requirements are governed by Section 12B. Customer is strongly encouraged to retain a spare key and to avoid providing the Vehicle’s only available key for transportation where practicable. Customer shall immediately notify QLT Nexus if the sole available key or key fob is being provided to the Carrier, so that appropriate precautions can be noted in the Shipment record. QLT Nexus and the Carrier shall not be responsible for loss of the Vehicle’s only key during transportation.
13B.9 GPS Tracking Devices
Customer acknowledges that GPS tracking devices in or on the Vehicle may not accurately reflect the Vehicle’s actual transportation status or location. GPS data during transport may reflect loading, unloading, staging, terminal storage, multi-vehicle routing, equipment positioning, or other normal transportation activities that are unrelated to the Vehicle’s final destination or expected progress. Customer shall not rely upon GPS tracking information as the sole or primary source of Shipment status and shall contact QLT Nexus directly for Shipment updates. QLT Nexus shall not be required to respond to inquiries based solely on GPS location data that Customer interprets as inconsistent with expected transportation progress.
13C. SHIPMENT PREPARATION CHECKLIST
Before releasing the Vehicle to the Carrier, Customer should confirm that each of the following has been completed:
(aaaa) Fuel level reduced to approximately one-quarter (1/4) tank or less for gasoline and diesel vehicles (Section 13B.2);
(bbbb) Electric or hybrid vehicle charged to at least twenty-five percent (25%) battery (Section 13A);
(cccc) All personal property, valuables, and prohibited items removed from the Vehicle (Section 14);
(dddd) All toll transponders, toll tags, and active parking passes removed or disabled (Section 13B.4);
(eeee) Alarm system disabled or Carrier provided with complete alarm disabling instructions (Section 13B.3);
(ffff)All required keys, key fobs, access devices, wheel lock keys, and charging adapters provided to the Carrier (Section 12B);
(gggg) Convertible top, soft top, removable roof panels, and tonneau covers properly secured and latched (Section 13B.5);
(hhhh) All loose, damaged, or improperly mounted exterior and interior components secured or disclosed (Section 13B.6);
(iiii) Vehicle exterior clean enough to permit visual inspection; excessive dirt, mud, snow, or ice removed (Section 13B.1); and
(jjjj) Vehicle photographed from all sides immediately before release to document pre-transport condition (Section 21.1).
This checklist is provided as a practical guide and supplements the requirements in Sections 12 (Vehicle Description and Disclosures), 12B (Vehicle Access Requirements), 13 (Operable and Inoperable Vehicles), and 22 (Vehicle Inspection and Bill of Lading Procedures). Failure to complete any item does not create a separate basis for claim against QLT Nexus beyond what is otherwise provided in these Terms, but may limit Customer’s ability to dispute damage, assert claims, or avoid charges as described in the applicable sections referenced above.
14. PERSONAL PROPERTY RESTRICTIONS
Unless expressly approved in writing by both QLT Nexus and the assigned Carrier, no Personal Property may be transported inside the Vehicle. If an exception is approved, Customer shall comply with all Carrier-imposed restrictions regarding weight, placement, packaging, and transportation. Any approved Personal Property shall be transported solely at Customer’s risk. Neither QLT Nexus nor the Carrier shall be responsible for loss, theft, damage, delay, deterioration, or disappearance of Personal Property. Unauthorized Personal Property may result in additional charges, transportation delays, refusal of service, or cancellation.
15. FRAUD PREVENTION AND IDENTITY VERIFICATION
QLT Nexus reserves the right to investigate, verify, delay, suspend, cancel, or refuse any Shipment for fraud prevention, compliance, security, legal, operational, or risk-management purposes. QLT Nexus may request:
(kkkk) government-issued identification;
(llll) vehicle registration;
(mmmm) vehicle title;
(nnnn) proof of ownership;
(oooo) proof of authorization;
(pppp) business ownership documentation;
(qqqq) payment verification information; and
(rrrr) additional documentation reasonably necessary to verify identity or authority.
Customer agrees to cooperate with such requests. Failure to provide requested documentation may result in delay, suspension, cancellation, or refusal of service. If Carrier Assignment has already occurred, the Broker Fee shall remain earned and non-refundable.
16. CARRIER VERIFICATION AND SCREENING
Prior to assigning a Carrier to a Shipment, QLT Nexus performs carrier screening procedures that include, at a minimum, the following steps:
(ssss) FMCSA Authority Verification. QLT Nexus verifies that the Carrier holds active operating authority registered with the Federal Motor Carrier Safety Administration (FMCSA), as reflected in FMCSA records at or near the time of Carrier Assignment.
(tttt)Insurance Verification. QLT Nexus verifies that the Carrier has filed or maintains minimum cargo and liability insurance coverage as required by FMCSA regulations, based on FMCSA records or certificates of insurance available at or near the time of Carrier Assignment.
(uuuu) SAFER Database Review. QLT Nexus reviews available carrier safety information through FMCSA’s Safety and Fitness Electronic Records (SAFER) system, including operating authority status and out-of-service history, at or near the time of Carrier Assignment.
(vvvv) Carrier Identity Verification. QLT Nexus performs reasonable procedures to verify that the Carrier accepting the Shipment corresponds to the registered entity reflected in FMCSA records, including verification of carrier name, DOT number, and contact information.
(wwww) Double-Brokering Screening. QLT Nexus performs screening procedures designed to identify known double-brokering patterns, including review of carrier profiles and cross-referencing available industry fraud prevention resources. See also Section 17A.
(xxxx) Fraud Screening. QLT Nexus performs additional screening as warranted to identify carriers that exhibit indicators of identity fraud, authority fraud, or prior transportation fraud.
All screening is performed on a point-in-time basis using information available at the time of review. FMCSA records, third-party databases, and insurance certificates reflect information as reported to the applicable authority and may not reflect real-time changes in carrier authority, insurance status, financial condition, or operational conduct. Carrier screening represents QLT Nexus’s reasonable efforts to evaluate available information at the time of Carrier Assignment. Screening does not and cannot guarantee future Carrier performance, insurance coverage, regulatory compliance, safety conduct, claim payment, driver conduct, or financial solvency.
QLT Nexus reserves the right to modify, supplement, or adjust screening procedures in any individual transaction based on operational circumstances without notice. The enumeration of procedures in this section establishes QLT Nexus’s general practices and does not create a warranty or representation that each enumerated step was performed in every transaction, or that any specific step was performed in any particular manner or sequence. Deviation from standard procedures in any individual transaction does not constitute a breach of these Terms or of any duty owed to Customer.
17. CARRIER VERIFICATION DISCLAIMER
Customer acknowledges that Carrier screening and verification represent commercially reasonable efforts to evaluate available information and do not constitute a guarantee. QLT Nexus does not guarantee: (a) future Carrier performance; (b) future insurance coverage; (c) future regulatory compliance; (d) future safety performance; (e) future financial condition; (f) future claim payment; (g) future operational conduct; (h) future driver conduct; or (i) future equipment condition.
QLT Nexus shall not be liable for acts, omissions, negligence, misconduct, insolvency, fraud, theft, accidents, claim denials, insurance disputes, or contractual breaches committed by independent Carriers.
17A. DOUBLE-BROKERING RISK AND CUSTOMER VERIFICATION DUTY
QLT Nexus is aware that the transportation industry has experienced incidents of unauthorized re-brokering, commonly known as “double-brokering,” in which a carrier re-brokers a shipment to a secondary carrier without the broker’s knowledge or authorization. QLT Nexus performs screening procedures designed to reduce the risk of double-brokering as described in Section 16. However, screening cannot detect or prevent all instances of carrier fraud, identity fraud, or unauthorized re-brokering.
QLT Nexus makes no representation that its double-brokering screening procedures will detect or prevent any specific instance of carrier fraud or unauthorized re-brokering. The statement that screening is designed to reduce double-brokering risk describes the intended purpose of QLT Nexus’s general procedures and does not constitute a warranty, representation, or guarantee of effectiveness in any particular case, that procedures were performed in any particular manner in Customer’s transaction, or that performance in any specific transaction meets or exceeded any industry standard.
Customer acknowledges that QLT Nexus performs carrier screening, authority verification, insurance verification, identity verification, and anti-double-brokering procedures prior to Carrier Assignment. Notwithstanding these procedures, Customer remains the final verification checkpoint before the Vehicle is released. QLT Nexus’s screening occurs before pickup; Customer’s on-site verification at the time of pickup is a separate and independent safeguard that cannot be replicated by QLT Nexus remotely. The full protocol for Customer’s verification duties is set forth in Section 21.
Customer Verification Duty at Pickup
Customer or Customer’s Authorized Representative is required to perform the verification steps in Section 21 before releasing the Vehicle to any carrier. Customer shall not release the Vehicle or provide keys to any carrier, driver, or representative whose identity cannot be verified against the Order Confirmation. QLT Nexus shall not be liable for Vehicle loss, damage, or theft resulting from Customer’s failure to perform the verification steps required by Section 21. Customer’s failure to verify Carrier identity at pickup constitutes negligence contributing to any resulting loss, and Customer assumes all associated risk.
18. CUSTOMER INSURANCE RESPONSIBILITIES
QLT Nexus does not provide insurance coverage for Vehicles. Customer is strongly encouraged to maintain active physical damage, collision, comprehensive, and any other applicable insurance coverage throughout transportation, and to confirm with their insurer that coverage applies during vehicle transport. Customer is solely responsible for verifying the adequacy, terms, exclusions, deductibles, and applicability of any insurance coverage. QLT Nexus makes no representation regarding the adequacy or collectability of any insurance policy maintained by Customer or Carrier. Failure to maintain insurance coverage shall not create liability on the part of QLT Nexus.
19. PICKUP AND DELIVERY ACCESS RESTRICTIONS
Customer acknowledges that transportation equipment may be subject to access limitations, road restrictions, weight restrictions, height restrictions, local ordinances, traffic conditions, and safety concerns. QLT Nexus and the Carrier shall make reasonable efforts to arrange pickup and delivery as close as reasonably possible to the requested locations. Customer understands that exact door-to-door service may not always be available.
The Carrier may require an alternate location if access to the requested location is unsafe, illegal, impractical, restricted, or likely to cause damage. Customer agrees to cooperate in arranging a mutually acceptable alternate location. Refusal to make the Vehicle available at a reasonably accessible location may result in delays, cancellation fees, TONU fees, storage fees, or other Carrier charges.
19A. TRANSIT TIME AND SCHEDULING DISCLAIMERS
All pickup dates, delivery dates, pickup windows, delivery windows, and transit times provided by QLT Nexus are good-faith estimates only. QLT Nexus does not guarantee any specific pickup date, delivery date, or transit time. Estimated scheduling may be affected by factors outside QLT Nexus’s control, including weather and road conditions, federal hours-of-service regulations (49 C.F.R. Part 395), Carrier equipment issues, traffic incidents, route conditions, inspection station delays, seasonal carrier availability, and other factors described in Section 19B.
Customer acknowledges that:
(yyyy) estimated dates are provided as a convenience only and do not constitute a binding commitment by QLT Nexus or the Carrier;
(zzzz) transportation delays are common in the auto transport industry and do not, standing alone, constitute a breach of these Terms;
(aaaaa) Customer should not make housing arrangements, travel plans, lease commitments, vehicle purchase closings, or other time-dependent third-party commitments that depend upon a specific vehicle pickup or delivery date; and
(bbbbb) QLT Nexus shall not be liable for any costs, losses, or damages — including hotel costs, rental vehicle expenses, lease penalties, missed appointments, travel expenses, or business losses — resulting from transportation delays, regardless of the cause of the delay.
19B. TRANSPORTATION DELAY DISCLAIMER
In addition to any Force Majeure Event described in Section 24, Customer acknowledges that the following events and circumstances may cause, extend, or modify pickup and delivery schedules without constituting a breach of these Terms:
(ccccc) adverse weather conditions, including hurricanes, tropical storms, winter storms, ice, flooding, high winds, fog, and extreme heat affecting vehicle transport;
(ddddd) road closures, bridge weight restrictions, tunnel restrictions, construction detours, and weight or size permit delays;
(eeeee) federal hours-of-service regulations (49 C.F.R. Part 395) limiting driver operating time;
(fffff) Carrier equipment breakdown, tire failure, or mechanical issues requiring repair;
(ggggg) traffic accidents or road incidents causing route delays;
(hhhhh) inspection station delays, weigh station requirements, or regulatory compliance stops;
(iiiii)seasonal market conditions resulting in limited carrier availability on certain routes; and
(jjjjj)vehicle loading or unloading delays caused by other customers’ vehicles on the same transport.
QLT Nexus shall not be liable for delays caused by or contributed to by any of the foregoing circumstances. QLT Nexus will use commercially reasonable efforts to communicate material delays to Customer when QLT Nexus has knowledge of such delays.
19C. CUSTOMER AVAILABILITY, PICKUP, AND DELIVERY OBLIGATIONS
Following Carrier Assignment, Customer shall cooperate in good faith with scheduling pickup and delivery of the Vehicle. Customer acknowledges that transportation schedules are dependent upon route planning, traffic conditions, weather, equipment availability, hours-of-service requirements, and the needs of other shipments, and therefore exact pickup and delivery times cannot be guaranteed.
Customer shall ensure that Customer or an Authorized Representative is available, reachable, and authorized to release the Vehicle during the scheduled pickup date and pickup time window communicated by the Carrier or QLT Nexus.
Customer shall also ensure that Customer or an Authorized Representative is available, reachable, and authorized to accept delivery of the Vehicle during the scheduled delivery date and delivery time window communicated by the Carrier or QLT Nexus.
If Customer cannot be available during a scheduled pickup or delivery window, Customer shall promptly notify QLT Nexus and the Carrier. The parties shall cooperate in good faith to arrange an alternative time, location, or Authorized Representative when reasonably possible. QLT Nexus does not guarantee that alternative arrangements will be available without additional cost.
If Customer, Customer’s Authorized Representative, or the Vehicle is unavailable during a scheduled pickup or delivery window, Customer may be responsible for TONU charges, waiting time charges, detention charges, storage fees, redelivery charges, relocation charges, or other reasonable costs incurred as a result of the missed appointment.
Customer acknowledges that refusal or failure to accept delivery after reasonable notice may result in the Vehicle being placed in a storage facility, towing yard, secure lot, or other lawful location at Customer’s sole risk and expense pursuant to Section 11A.
Nothing in this Section shall require Customer to accept pickup or delivery at a materially different time than the scheduled date or time window previously communicated by the Carrier or QLT Nexus. Where reasonably practicable, the Carrier should provide Customer or Customer’s Authorized Representative with reasonable advance notice before arriving for pickup or delivery. Customer acknowledges that exact arrival times cannot be guaranteed and that advance notice may not always be possible due to routing, traffic, or operational conditions. Customer shall not be deemed unavailable solely because a Carrier arrives substantially earlier than the scheduled appointment without reasonable notice.
20. CUSTOMER AGENT AND AUTHORIZED REPRESENTATIVE
Customer may designate an Authorized Representative to act on Customer’s behalf during transportation activities. Customer is solely responsible for ensuring that such representative possesses appropriate authority. Any actions, instructions, approvals, acknowledgments, inspections, signatures, waivers, representations, communications, agreements, or decisions made by an Authorized Representative shall be deemed made by Customer and shall be fully binding upon Customer.
QLT Nexus and the Carrier may rely upon the instructions, signatures, approvals, and actions of any person reasonably appearing to be authorized by Customer. Customer shall remain fully responsible for all obligations arising under these Terms regardless of whether Customer personally participates in pickup, delivery, inspection, transportation, or related activities.
Customer is responsible for ensuring that any Authorized Representative designated for pickup or delivery is fully informed of and capable of performing: (a) the vehicle inspection requirements in Section 22; (b) the pickup verification steps in Section 21.1; (c) the Bill of Lading procedures in Section 22, including notation of visible damage before signing; (d) the claims documentation requirements in Section 23; and (e) any other obligations under these Terms applicable at the time of pickup or delivery. Any failure by an Authorized Representative to perform required inspections, verification steps, or documentation procedures shall be treated as Customer’s own failure for all purposes under these Terms.
20A. CUSTOMER COMMUNICATION OBLIGATIONS
Customer shall promptly notify QLT Nexus in writing of:
(kkkkk) any change in pickup or delivery address, including apartment numbers, gate codes, or access instructions;
(lllll)any change in Customer’s or Authorized Representative’s contact telephone number or email address;
(mmmmm) any change in Vehicle condition, operability, or access requirements that occurs after booking;
(nnnnn) any circumstance that will prevent Customer or an Authorized Representative from being available at the scheduled pickup or delivery time; and
(ooooo) any refusal of delivery by Customer or Customer’s Authorized Representative, within twenty-four (24) hours of the refusal.
Customer is responsible for all additional charges, delays, storage fees, TONU fees, and redelivery costs arising from Customer’s failure to timely notify QLT Nexus of any change or circumstance required to be disclosed under this section. QLT Nexus shall be entitled to rely upon the contact information and instructions on file at the time of booking unless updated by Customer in writing.
Customer is encouraged to provide a secondary contact name and telephone number at the time of booking. A secondary contact should be a person who is reachable and authorized to provide scheduling information or facilitate access to the Vehicle if Customer is temporarily unavailable. QLT Nexus may contact the secondary contact for scheduling coordination and may rely upon scheduling information or instructions provided by such contact. Customer remains solely responsible for all obligations under these Terms regardless of whether communications occur with Customer directly or with a secondary contact, and shall not be relieved of any obligation due to a secondary contact’s failure to respond or communicate.
20B. COMMUNICATION, COORDINATION, AND CUSTOMER COOPERATION
QLT Nexus serves as the transportation broker and primary coordination point for the Shipment. Customer may communicate directly with the Carrier or driver regarding routine operational matters, including pickup scheduling, delivery scheduling, location updates, access instructions, and other ordinary transportation logistics, without routing such communications through QLT Nexus.
Customer agrees to promptly notify QLT Nexus of any of the following:
(ppppp) delays or scheduling issues that Customer becomes aware of during transport;
(qqqqq) delivery problems or delivery refusals;
(rrrrr) damage allegations or suspected damage to the Vehicle;
(sssss) theft concerns or suspected theft of the Vehicle;
(ttttt) fraud concerns, identity discrepancies, or suspected unauthorized re-brokering;
(uuuuu) requests for additional payment by a Carrier, driver, or transportation representative;
(vvvvv) settlement offers, proposed waivers, or demands for execution of documents not previously disclosed;
(wwwww) storage issues, disputed storage charges, or Vehicle impoundment; or
(xxxxx) any other material transportation issue, dispute, or circumstance that Customer reasonably believes warrants QLT Nexus’s attention.
Customer shall not rely solely upon representations, promises, demands, instructions, waivers, or agreements made by a Carrier, driver, dispatcher, owner-operator, or other transportation representative regarding claims, liability, payment obligations, schedule modifications, refunds, damage settlements, or other material shipment terms without first consulting QLT Nexus.
If a Carrier, driver, or other transportation representative requests additional payment, attempts to modify transportation terms, demands execution of documents not previously disclosed, pressures Customer to waive rights, or otherwise engages in conduct Customer reasonably believes to be improper, Customer shall immediately contact QLT Nexus at (786) 437-7697 or ship@qltnexus.com before complying with such request whenever reasonably possible.
Customer acknowledges that QLT Nexus may be unable to assist in resolving disputes, investigating claims, preventing fraud, or coordinating corrective action if Customer fails to timely notify QLT Nexus of material transportation issues as required by this section.
21. CUSTOMER PICKUP VERIFICATION RESPONSIBILITIES
Customer acknowledges that vehicle theft and carrier fraud, including double-brokering, represent real risks in the auto transport industry. The steps required by this section are Customer’s primary protection against unauthorized carrier pickup and are an essential condition of Customer’s use of QLT Nexus’s services.
21.1 Required Verification Steps Before Vehicle Release
Customer or Customer’s Authorized Representative must perform all of the following steps at the time of Vehicle pickup, before releasing the Vehicle, handing over keys, or signing the pickup Bill of Lading:
(yyyyy) Carrier Name Verification. Verify that the name of the Carrier or transportation company provided by the driver at pickup matches the Carrier name set forth in the Order Confirmation transmitted by QLT Nexus for this Shipment.
(zzzzz) DOT Number Verification. Verify that the DOT number displayed on the Carrier’s truck matches the DOT number set forth in the Order Confirmation. If no DOT number is provided in the Order Confirmation, contact QLT Nexus before releasing the Vehicle.
(aaaaaa) Driver and Carrier Information Match. Confirm that the driver’s carrier information, including company name and DOT number, is consistent with the assigned Carrier reflected in the Order Confirmation.
(bbbbbb) Photograph the Truck Door. Photograph the driver’s side door of the Carrier’s truck showing the company name and DOT number before the Vehicle is loaded.
(cccccc) Photograph the DOT Number. Photograph the DOT number displayed on the Carrier’s truck at close range sufficient to confirm legibility.
(dddddd) Photograph the Trailer. Photograph the trailer to be used for transport, including any identification numbers visible on the trailer.
(eeeeee) Photograph the License Plate. Photograph the license plate of the Carrier’s truck and, if applicable, the trailer.
(ffffff) Photograph the Vehicle Before Release. Photograph the Vehicle from all sides and document its pre-transport condition immediately prior to releasing it to the Carrier. These photographs establish the Vehicle’s condition at the time of release and are essential evidence in the event of a damage claim.
(gggggg) Obtain and Review the Pickup Bill of Lading. Obtain a copy of the pickup Bill of Lading before signing. Review all Vehicle condition notations before signing and do not sign if condition notations are inaccurate or incomplete.
21.2 Discrepancies and Contact Obligation
If any Carrier information presented at pickup — including the carrier name, DOT number, truck description, or driver identity — does not match the Order Confirmation transmitted by QLT Nexus, Customer shall:
(hhhhhh) not release the Vehicle or hand over keys to the carrier;
(iiiiii) immediately contact QLT Nexus at (786) 437-7697 or ship@qltnexus.com before taking any further action; and
(jjjjjj) wait for QLT Nexus to confirm the correct carrier identity or provide alternative instructions before releasing the Vehicle.
21.3 Prohibition on Unattended Vehicle and Keys
Customer shall not leave the Vehicle unattended with keys inside at a pickup location in anticipation of a carrier arrival. Customer shall not provide keys, key fobs, access devices, title documents, or other items required for transportation to any driver or carrier representative who has not been verified pursuant to Section 21.1. Customer shall not provide keys or access devices to any person claiming to be the assigned Carrier unless Customer has performed the verification steps in Section 21.1 and the information provided matches the Order Confirmation. Customer shall not leave the Vehicle, keys, key fobs, access devices, title documents, or other transportation-related items unattended for pickup unless specifically authorized in writing by QLT Nexus.
21.4 Comparative Fault for Verification Failure
Customer’s failure to perform any of the required verification steps in Section 21.1, or Customer’s release of the Vehicle or keys to a carrier who has not been verified against the Order Confirmation, shall constitute negligence on the part of Customer contributing to any resulting Vehicle loss, theft, damage, or fraud. QLT Nexus shall not be liable for any Vehicle loss, theft, damage, or fraud arising from Customer’s failure to comply with this section. In any proceeding arising from a Vehicle theft or fraud event, Customer’s failure to verify shall be presented as evidence of comparative fault, and Customer assumes all risk associated with releasing a Vehicle to an unverified carrier.
21.5 Customer Fraud Prevention Cooperation
Customer acknowledges that QLT Nexus performs carrier screening, authority verification, insurance verification, identity verification, and anti-double-brokering procedures prior to Carrier Assignment as described in Sections 16 and 17A. Notwithstanding these procedures, Customer remains the final verification checkpoint before the Vehicle is released at pickup. Customer must immediately contact QLT Nexus at (786) 437-7697 or ship@qltnexus.com before releasing the Vehicle if:
(kkkkkk) the Carrier name presented at pickup differs from the Carrier name in the Order Confirmation;
(llllll) the DOT number displayed on the truck differs from the DOT number in the Order Confirmation;
(mmmmmm) the driver’s identity or credentials appear inconsistent with the assigned Carrier information;
(nnnnnn) the truck, trailer, or equipment information differs materially from what the Order Confirmation describes or from what Customer reasonably expected based on QLT Nexus’s communications; or
(oooooo) Customer reasonably suspects fraud, carrier impersonation, vehicle theft, unauthorized re-brokering, or any identity discrepancy.
Customer agrees to cooperate with all reasonable fraud-prevention, authentication, pickup-verification, identity-confirmation, or shipment-security procedures established by QLT Nexus from time to time. QLT Nexus reserves the right to implement, modify, or supplement such procedures at any time without amending these Terms. Failure to cooperate with applicable verification procedures may result in delayed pickup, cancellation of transportation arrangements, or refusal to release transportation instructions. See also Sections 21A and 21B for additional fraud prevention obligations and QLT Nexus’s authority to establish security procedures.
21A. CUSTOMER FRAUD PREVENTION AND PICKUP VERIFICATION PROTOCOL
The verification duties in Section 21 and the fraud prevention cooperation obligations in Section 21.5 govern Customer’s pre-release obligations. In addition to those requirements, Customer shall provide photographs or documentation obtained during the pickup verification process to QLT Nexus upon reasonable request, including but not limited to photographs of the Carrier’s truck, DOT number, trailer, license plate, and Vehicle condition.
Customer acknowledges that failure to follow the pickup verification requirements in Sections 21 and 21.5 may substantially impair the ability to investigate, prevent, recover losses from, or prosecute events involving theft, fraud, carrier impersonation, unauthorized re-brokering, misdelivery, or similar occurrences.
21B. VERIFICATION PROCEDURES
QLT Nexus may establish reasonable security, identity verification, pickup authorization, fraud-prevention, authentication, or carrier-confirmation procedures from time to time. Customer agrees to cooperate with such procedures as a condition of Vehicle release.
Failure to comply with reasonable verification procedures may result in delayed pickup, delayed delivery, cancellation of transportation arrangements, or refusal to release transportation instructions until verification requirements have been satisfied. QLT Nexus shall not be liable for delays, costs, or losses arising from Customer’s failure or refusal to cooperate with verification procedures.
22. VEHICLE INSPECTION AND BILL OF LADING PROCEDURES
22.1 The Delivery Bill of Lading Is a Critical Claims Document
Customer acknowledges that the delivery Bill of Lading is one of the most important documents in the transportation transaction. Carriers, cargo insurers, and claims adjusters routinely examine the delivery Bill of Lading as primary evidence when evaluating damage claims. The condition notations — or absence of notations — on the delivery Bill of Lading will directly affect Customer’s ability to substantiate any claim for damage that occurred during transportation.
22.2 Inspection Obligation Before Signing
Customer or Customer’s Authorized Representative is required to inspect the Vehicle before signing the delivery Bill of Lading. The inspection should be conducted in daylight or adequate lighting whenever practicable. Customer is encouraged to photograph the Vehicle’s exterior from all four sides, all four corners, and any areas of concern before signing. Customer shall not sign the delivery Bill of Lading as clean or without notations if visible damage is present.
22.3 Notation of Visible Damage
All damage that is visible and discoverable upon reasonable inspection at delivery must be noted on the delivery Bill of Lading with specificity before Customer signs. Vague notations such as “possible damage” without description of location and character of damage may not adequately preserve claim rights. Customer is responsible for the accuracy, completeness, and specificity of any damage notations made at delivery.
22.4 Legal Effect of a Clean Signed Delivery BOL
Customer’s signature on a delivery Bill of Lading that contains no damage notations, or that contains only the condition notations reflected in the pickup Bill of Lading, constitutes Customer’s acknowledgment that the Vehicle was received in the condition reflected at pickup, subject to normal road grime and exposure incidental to transportation. A clean signed delivery Bill of Lading creates a rebuttable presumption that no new damage occurred during transportation and will be presented as evidence of that fact in any claim or dispute proceeding. Customer expressly waives any claim for visible damage not noted on the delivery Bill of Lading at the time of Customer’s signature. Once signed, the delivery Bill of Lading cannot be retroactively amended by Customer.
22.5 No Verbal Override by Carrier Personnel
No verbal statement, instruction, representation, or assurance made by any Carrier, driver, owner-operator, dispatcher, Carrier employee, or Carrier representative — including any statement to the effect that Customer should sign the Bill of Lading and contact the broker or insurer later — may override, substitute for, or excuse Customer’s obligation to inspect the Vehicle and document visible damage before signing the delivery Bill of Lading. Customer shall not rely upon any such statement. QLT Nexus is not responsible for and has no control over statements made by Carrier personnel at delivery.
22.6 QLT Nexus Not a Claims Decision-Maker
QLT Nexus does not adjust, evaluate, approve, or pay cargo damage claims. Claim acceptance, valuation, and payment decisions are made exclusively by the Carrier and the Carrier’s cargo insurer based upon available evidence, including the delivery Bill of Lading. QLT Nexus does not guarantee claim acceptance, claim payment, or any recovery for damage discovered after a clean delivery Bill of Lading has been signed.
22.7 Refusal to Sign
If Customer refuses to sign the delivery Bill of Lading, Customer shall: (a) note the specific basis for refusal in writing on the Bill of Lading or in a contemporaneous written communication; (b) photograph the Vehicle’s condition at that time; and (c) notify QLT Nexus within twenty-four (24) hours. Refusal to sign does not relieve Customer of the obligation to accept or retrieve the Vehicle, suspend applicable storage or detention fees, or extend any applicable claims deadline.
22.8 Delivery Verification
At the time of Vehicle delivery, Customer or Customer’s Authorized Representative shall:
(pppppp) verify the identity of the delivering Carrier if requested by QLT Nexus or if the delivering carrier information differs from the Order Confirmation;
(qqqqqq) inspect the Vehicle thoroughly before signing the delivery Bill of Lading, as required by Sections 22.2 and 22.3;
(rrrrrr) photograph the Vehicle from all sides at the time of delivery, before the Carrier departs, to document the Vehicle’s condition upon receipt; and
(ssssss) immediately contact QLT Nexus at (786) 437-7697 or ship@qltnexus.com before signing the delivery Bill of Lading if Customer identifies any damage, identity discrepancy, delivery irregularity, or other concern that Customer wishes to document or report prior to acceptance.
Customer acknowledges that signing a clean delivery Bill of Lading without noting visible damage may substantially impair Customer’s ability to make a claim for that damage, as set forth in Section 22.4. QLT Nexus is available at (786) 437-7697 to assist with questions before Customer signs, but QLT Nexus cannot make the signing decision on Customer’s behalf and is not responsible for Customer’s inspection conclusions.
22.9 Inspection Conditions Disclaimer
Customer acknowledges that inspection accuracy at both pickup and delivery may be affected by adverse conditions, including dirt, mud, road grime, snow, ice, darkness, poor lighting, rain, and similar factors. Damage that is present but obscured by such conditions may not be discoverable upon reasonable inspection at the time of pickup or delivery, which may make damage claims more difficult to substantiate. Customer is encouraged to clean the Vehicle before transportation whenever reasonably practicable, and to conduct delivery inspections in daylight and adequate lighting as provided in Section 22.2. Neither QLT Nexus nor the Carrier shall be responsible for damage that could not reasonably be identified due to Vehicle contamination or adverse inspection conditions.
23. CLAIMS: PROCEDURES, DEADLINES, AND CUSTOMER OBLIGATIONS
23.1 Visible Damage
All damage that is visible and discoverable upon reasonable inspection at the time of delivery must be noted on the delivery Bill of Lading before Customer signs, as required by Section 22. Visible damage not documented on the delivery Bill of Lading at the time of signature is waived. Customer is encouraged to also notify QLT Nexus within five (5) calendar days of delivery.
23.2 Concealed or Latent Damage
Damage that was not visible or reasonably discoverable upon ordinary inspection at the time of delivery (“concealed damage”) must be reported to QLT Nexus in writing within the earlier of: (a) seven (7) calendar days after Customer discovers or reasonably should have discovered the damage; or (b) thirty (30) calendar days after the delivery date. The thirty-day outer limit applies regardless of when the damage was discovered. Concealed damage reported after the thirty-day outer limit is waived and Customer may not assert such claim against QLT Nexus.
23.3 What Constitutes Concealed Damage
Concealed damage means physical damage to the Vehicle’s structure, mechanical systems, or components that: (a) was not visible or accessible during an ordinary exterior and interior inspection at delivery; and (b) is distinct from and not attributable to pre-existing condition noted on the pickup Bill of Lading. Cosmetic damage discoverable upon ordinary visual inspection — including scratches, dents, chips, and paint damage — is not concealed damage regardless of lighting conditions at delivery.
23.4 Theft or Total Loss
Any claim for Vehicle theft or total loss must be reported to QLT Nexus in writing within twenty-four (24) hours of discovery, accompanied by the applicable police report number. The police report must be provided to QLT Nexus within seventy-two (72) hours of the initial notice.
23.5 Content of Written Notice
All written claim notices must include: (a) Customer’s name and booking confirmation number; (b) Vehicle year, make, model, and VIN; (c) description of the claimed damage with location and character; (d) photographs of the damage; (e) copy of the delivery Bill of Lading; and (f) delivery date. Incomplete notices do not toll the applicable reporting deadline.
23.6 Consequence of Failure to Report
Failure to provide written notice within the applicable deadline constitutes a complete waiver of Customer’s claim against QLT Nexus and bars Customer from asserting that claim in any proceeding. Receipt of a claim notice by QLT Nexus does not constitute an acknowledgment of liability or an admission that the claim is valid.
23.7 Carrier Claims Distinguished
The deadlines in this section apply to claims against QLT Nexus only. Claims against the Carrier are governed by applicable carrier tariff provisions and, where applicable, the Carmack Amendment (49 U.S.C. § 14706). QLT Nexus is not a motor carrier and is not subject to Carmack Amendment liability.
23.8 Claims Assistance Disclaimer
QLT Nexus is a transportation broker and not a motor carrier, insurer, claims administrator, claims adjuster, or claims processor. QLT Nexus does not adjust, process, administer, negotiate, or pay cargo damage, loss, or theft claims. As a customer accommodation and without assumption of any obligation or liability, QLT Nexus may: (a) provide Customer with Carrier contact information from QLT Nexus’s records; (b) provide insurance information in QLT Nexus’s possession; and (c) provide general, non-binding guidance regarding the process for filing a cargo claim with a motor carrier.
Any such assistance is a customer accommodation only. QLT Nexus does not assume and expressly disclaims any responsibility for claim filing, prosecution, negotiation, management, outcomes, or insurer decisions. No statement made by any QLT Nexus employee, agent, or contractor in connection with claims assistance constitutes a representation, warranty, guarantee, or assumption of liability on the part of QLT Nexus. Customer shall not rely upon any such statement in making decisions regarding the Vehicle, claim prosecution, or legal proceedings.
23.9 Carrier Insurance Cooperation
In connection with any claim for Vehicle damage, loss, or theft, Customer shall: (a) cooperate fully and promptly with the Carrier’s cargo insurer in connection with any claim investigation, including providing all requested documentation and access to the Vehicle for inspection; (b) preserve the Vehicle in its post-incident condition until the Carrier’s insurer has had a reasonable opportunity to inspect, unless emergency circumstances require immediate action for safety reasons; (c) not authorize or permit any repairs to claimed damage before the Carrier’s insurer has had a reasonable opportunity to inspect, unless QLT Nexus or the insurer consents in writing; and (d) retain all documentation related to the claim. QLT Nexus shall not be responsible for any losses attributable to Customer’s failure to cooperate, spoliation of evidence, or unauthorized repair before inspection.
23.10 Fraudulent and Bad-Faith Claims
Customer warrants that any claim submitted is truthful, accurate, and submitted in good faith, and that all supporting documentation accurately represents the claimed damage without misrepresenting pre-existing condition. If QLT Nexus or the Carrier determines that a claim is fraudulent, materially exaggerated, based on pre-existing damage, or submitted in bad faith, QLT Nexus reserves the right to: (a) deny assistance and discontinue communications regarding the claim; (b) report the claim to applicable authorities and insurance fraud bureaus; (c) refuse future service to Customer; and (d) recover all reasonable costs incurred in investigating the fraudulent claim. Submission of a fraudulent or materially exaggerated claim constitutes a material breach of these Terms.
23.11 Duty to Mitigate
Customer has a duty to take all commercially reasonable steps to mitigate any losses, costs, or damages arising from or related to a Shipment. Customer shall accept delivery of a Vehicle and note any damage on the Bill of Lading rather than refusing delivery on the basis of damage, unless the Vehicle is so severely damaged as to be a total loss or the Carrier’s conduct makes acceptance unsafe or impractical. QLT Nexus shall not be responsible for any portion of Customer’s losses that Customer could have avoided through the exercise of reasonable diligence.
24. FORCE MAJEURE
24.1 Performance Excuse
QLT Nexus shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused, in whole or in part, by a Force Majeure Event as defined in Section 2. The occurrence of a Force Majeure Event shall excuse QLT Nexus’s performance for the duration of the Force Majeure Event to the extent performance is prevented, hindered, or delayed.
24.2 Force Majeure Events
Without limiting the definition in Section 2, Force Majeure Events specifically include:
(tttttt) hurricanes, tropical storms, tropical depressions, and post-tropical cyclones;
(uuuuuu) floods, storm surges, and water damage events;
(vvvvvv) fires, wildfires, and wildfire smoke conditions affecting transportation corridors;
(wwwwww) ice storms, blizzards, severe winter weather, and extreme heat events;
(xxxxxx) acts of God or natural catastrophes;
(yyyyyy) government actions, executive orders, regulatory directives, and governmental restrictions on transportation, fuel, or commerce;
(zzzzzz) orders or directives issued by the U.S. Department of Transportation, FMCSA, state transportation authorities, or other regulatory bodies, including DOT emergency declarations and road closure orders;
(aaaaaaa) road closures, highway closures, bridge closures, or other infrastructure restrictions imposed by governmental authorities;
(bbbbbbb) labor strikes, work stoppages, labor disputes, and labor disruptions affecting carriers, fuel suppliers, or transportation infrastructure;
(ccccccc) cyberattacks, ransomware events, or telecommunications infrastructure failures affecting QLT Nexus’s operational systems;
(ddddddd) pandemics, epidemic disease outbreaks, and declarations of public health emergency by any governmental authority;
(eeeeeee) civil unrest, riots, or acts of terrorism; and
(fffffff) Carrier operational interruptions caused by any of the foregoing events beyond the Carrier’s reasonable control.
24.3 Notice
QLT Nexus shall use commercially reasonable efforts to notify Customer of a Force Majeure Event affecting a Shipment as soon as practicable after becoming aware of such event. Failure to provide timely notice shall not affect QLT Nexus’s right to claim Force Majeure relief.
24.4 Customer Obligations During Force Majeure
During a Force Majeure Event, Customer shall remain responsible for all charges that accrued before the Force Majeure Event, including any earned Broker Fee, TONU fees assessed before the event, and storage charges. Force Majeure relief applies solely to QLT Nexus’s performance obligations and does not relieve Customer of payment obligations for services already rendered.
24.5 Relationship to Transit Time and Delay Disclaimers
This section supplements and is in addition to the transit time and scheduling disclaimers in Section 19A and the transportation delay disclaimer in Section 19B. Delays described in Sections 19A and 19B do not require a formal Force Majeure claim. This section applies to events of the magnitude, duration, or geographic scope that prevent or fundamentally disrupt QLT Nexus’s ability to arrange transportation services.
25. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law:
(a) Exclusion of Consequential and Related Damages. QLT Nexus shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including but not limited to loss of profits, loss of revenue, loss of use, loss of business opportunity, property damage beyond the Vehicle, emotional distress, inconvenience, or increased costs of substitute transportation, regardless of whether such damages were foreseeable or whether QLT Nexus has been advised of the possibility of such damages.
(b) Aggregate Liability Cap. QLT Nexus’s total aggregate liability to Customer for any and all claims, demands, losses, or causes of action arising under or related to these Terms, the brokerage services provided, or any Shipment arranged hereunder shall not exceed the total Broker Fee actually retained by QLT Nexus for the applicable Shipment.
(c) Scope. The limitations in this section apply regardless of the legal theory asserted, including contract, tort, negligence, gross negligence, strict liability, statutory claim, or otherwise, and apply to all claims in the aggregate, not per incident.
(d) Carrier Claims. This limitation of liability does not apply to claims brought directly against the Carrier. Customer is directed to pursue claims for cargo damage, loss, or theft directly against the Carrier and the Carrier’s insurer.
(e) Basis of Bargain. Customer acknowledges that QLT Nexus has set its Broker Fee in reliance upon the limitations of liability set forth in this section, that these limitations reflect the allocation of risk between the parties, and that QLT Nexus would not have entered into these Terms on commercially reasonable terms absent these limitations.
26. RESERVED
This section is intentionally reserved. The Class Action and Representative Action Waiver is set forth in Section 31.3.
27. ELECTRONIC SIGNATURES, COMMUNICATIONS, AND ONLINE ACCEPTANCE
27.1 Electronic Acceptance
These Terms are entered into electronically. By clicking “I Agree,” “Book Now,” “Get a Quote,” “Submit,” or by providing payment information during the booking process, Customer acknowledges that: (a) Customer has read and agrees to these Terms; (b) Customer has the legal capacity to enter into this agreement; and (c) Customer’s electronic acceptance is legally equivalent to a handwritten signature pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. § 7001 et seq., and the Florida Electronic Signature Act, Fla. Stat. § 668.001 et seq.
27.2 Electronic Records — Categories
QLT Nexus maintains electronic records of Customer transactions in the ordinary course of business, including: (a) IP address and timestamp of Customer’s electronic acceptance of these Terms; (b) device information recorded at the time of booking; (c) electronic checkbox confirmation records for Terms acceptance, Stored Credential Authorization, and communications consent; (d) Order Confirmation transmission logs, including delivery timestamps and receipts; (e) email correspondence records and delivery confirmation logs; (f) SMS and MMS communication records and delivery receipts; (g) payment authorization records, charge timestamps, and stored credential consent records; and (h) booking data, pricing records, and Carrier Assignment records.
27.3 Evidentiary Stipulation
Customer acknowledges and agrees that all records described in Section 27.2 are business records maintained in the ordinary course of QLT Nexus’s business within the meaning of Fed. R. Evid. 803(6) and applicable state evidentiary rules. Customer waives any objection to the admissibility of such records on hearsay grounds in any proceeding between Customer and QLT Nexus. Specifically: (a) QLT Nexus’s Order Confirmation transmission log constitutes prima facie evidence of Carrier Assignment; (b) QLT Nexus’s Terms acceptance record — including checkbox confirmation, IP address, and timestamp — constitutes prima facie evidence of Customer’s agreement to these Terms; (c) QLT Nexus’s stored credential consent record constitutes prima facie evidence of Customer’s authorization of the Broker Fee and other authorized charges; (d) QLT Nexus’s SMS and email delivery records constitute prima facie evidence of transmission to Customer’s contact information; and (e) QLT Nexus’s payment records constitute prima facie evidence of charges initiated and the authorization under which they were initiated.
27.4 Records Retention
QLT Nexus shall retain the records described in Section 27.2 for a minimum of three (3) years from the date of Shipment completion. Where QLT Nexus has received written notice of a claim, chargeback, dispute, demand letter, or legal proceeding, QLT Nexus shall retain all relevant records until final resolution, regardless of whether the standard retention period has expired.
28. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy incorporated by reference in Section 8(d) and any written Order Confirmation issued by QLT Nexus, constitute the entire agreement between Customer and QLT Nexus with respect to the subject matter hereof. These Terms supersede all prior and contemporaneous negotiations, representations, warranties, agreements, and communications between the parties, whether oral or written, relating to transportation brokerage services provided by QLT Nexus.
No modification, amendment, supplement, or waiver of these Terms shall be binding unless made in writing and signed by an authorized officer of QLT Nexus. No employee, agent, dispatcher, driver, or other representative of QLT Nexus has authority to modify these Terms verbally or through conduct.
Customer acknowledges that Customer has not relied upon, and QLT Nexus shall not be bound by, any statement, representation, advertisement, website content, social media content, verbal communication, dispatcher statement, driver statement, or other communication that is not expressly set forth in these Terms or in a written Order Confirmation issued by QLT Nexus. Customer expressly waives any claim based upon reliance on any such statement or communication.
29. NO WAIVER
No failure or delay by QLT Nexus in exercising any right, power, or privilege under these Terms shall operate as a waiver of that right, power, or privilege, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. No waiver by QLT Nexus of any breach or default of any provision of these Terms shall be deemed a waiver of any subsequent breach or default of the same or any other provision. Any waiver by QLT Nexus must be in writing signed by an authorized officer of QLT Nexus to be effective.
30. SEVERABILITY
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void, unenforceable, or contrary to applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect as if the severed provision had never been included. The invalidity of any provision in one jurisdiction shall not affect the validity of that provision in any other jurisdiction.
31. GOVERNING LAW, VENUE, AND CLASS ACTION WAIVER
31.1 Governing Law
These Terms and any dispute arising under or related to these Terms, the services provided by QLT Nexus, or any Shipment arranged hereunder shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
31.2 Venue
Customer and QLT Nexus agree that any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the state or federal courts of competent jurisdiction located in Pinellas County, Florida. Customer and QLT Nexus each irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue in such courts, including any claim that such courts are an inconvenient forum.
31.3 Class Action and Representative Action Waiver
Customer waives any right to bring or participate in any class action, collective action, mass action, or representative proceeding against QLT Nexus, whether in court or in any other forum. All claims and disputes between Customer and QLT Nexus must be brought and resolved on an individual basis only. Customer shall not seek to consolidate any claim with the claims of any other person or entity without QLT Nexus’s prior written consent.
31.4 Individual Claims
Nothing in these Terms prevents Customer from bringing an individual claim in a court of competent jurisdiction in the venue specified above. QLT Nexus retains all defenses and counterclaims available under applicable law in any such proceeding.
31.5 Waiver of Jury Trial
To the fullest extent permitted by applicable law, Customer and QLT Nexus each waive the right to a jury trial in any legal proceeding arising under or related to these Terms.
31.6 Severability of Class Action Waiver
The class action waiver in Section 31.3 is an independent contractual provision and is severable from all other provisions of these Terms. If any court determines that the class action waiver is unenforceable in whole or in part, that determination shall apply only to the class action waiver and shall not affect the validity or enforceability of any other provision of these Terms.
32. CONTACT INFORMATION
For questions about these Terms, to report a claim, to dispute a charge, or to contact QLT Nexus for any other purpose:
QLT Nexus LLC
7901 4th St N, Suite 300
Saint Petersburg, FL 33702
Website: https://929shipcar.com
Email: ship@qltnexus.com
Phone: (786) 437-7697
For billing disputes, please email ship@qltnexus.com with your booking confirmation number, description of the dispute, and any supporting documentation. QLT Nexus will acknowledge receipt within two (2) business days and respond within seven (7) business days.
By using QLT Nexus’s services, you acknowledge that you have read, understood, and agreed to these Terms of Service.
QLT Nexus LLC • Version 7 • Effective June 22, 2026 • 929shipcar.com