Brightway Terms of Service

By using Brightway's vehicle transportation broker services, you accept these Terms and Conditions (“TERMS”). These TERMS supersede any conflicting documents, including motor carrier bills of lading, tariffs, or service guides. Only Brightway may modify these TERMS.

THESE TERMS REQUIRE BINDING ARBITRATION FOR MOST CLAIMS ON AN INDIVIDUAL BASIS, NOT AS PART OF A CLASS ACTION. SEE SECTION 12 FOR ARBITRATION DETAILS.

1. Definitions

• “Additional Services”: Upgrades like vehicle top-loading, guaranteed pickup, covered transport, or personal belongings.
• “Bill of Lading”: Carrier-provided document detailing Shipment condition, origin, destination, and order details.
• “Carrier”: Licensed motor or sea carrier as defined by 49 U.S.C. §13102(14) or 46 U.S.C. §30701.
• “Carrier Form”: Carrier's receipt, inspection report, or similar document.
• “C.O.D.”: Collect or payment on delivery.
• “Customer”: Individual or entity ordering Shipment transportation.
• “Customer's Agent”: Person over 18 designated to act for Customer.
• “Destination”: Shipment drop-off location designated by Customer.
• “Inoperable”: Shipment unable to function or be driven due to removed, altered, or damaged parts.
• “Brightway”: Brightway LLC, a transportation broker under 49 U.S.C. §13102(2), licensed under Docket No. MC-611862, not a Carrier.
• “Order”: Customer's request for Shipment transportation.
• “Order Confirmation”: Brightway's written confirmation of Order details.
• “Point of Origin”: Shipment pickup location designated by Customer.
• “Shipment”: Customer's automobile or motorized vehicle for transportation.

2. Services

• Brightway arranges Shipment transportation by Carriers, reserving the right to refuse or cancel Orders.
• Services are complete when a Carrier accepts the Order.
• Brightway is a broker, not a carrier, and does not take custody or liability for Shipments.
• Ocean transportation is subject to the ocean Carrier's terms.
• Brightway provides estimated pickup/delivery dates but is not liable for delays.

3. Customer’s Responsibilities

• Accuracy of Information: Customer ensures accuracy of Shipment details. Changes may incur fees or cancellation.
• Shipment Size/Condition: Customer must report size/condition; inoperable or modified Shipments may incur fees or refusal.
• Preparing Shipment: Customer secures/removes loose parts, ensures operability, and limits fuel. Customer is liable for damages from loose parts.
• Alarm: Customer disarms alarms or provides instructions; Carrier may silence active alarms.
• Personal Property: Limited to 100 lbs in trunk/storage; Carrier/Brightway not liable for items.
• Prohibited Items: Explosives, drugs, etc., are prohibited; Customer is liable for violations.
• Shipment by Sea: No personal property allowed; Customer provides required documents and pays port fees.

4. Customer Warranties

Customer will comply with all applicable laws and furnish necessary documents. Brightway is not liable for Customer's non-compliance.

5. Pickup and Delivery of Shipment

• Origin/Destination may change due to access restrictions.
• Customer meets Carrier at alternate locations if needed.
• Customer or Agent must be present for pickup/delivery.
• Customer inspects Shipment at pickup, notes pre-existing damage, and signs Carrier Form.
• At delivery, Customer inspects for transit damage and signs Bill of Lading.
• Signing without damage notation confirms satisfactory condition.

6. Carrier Responsibilities

• Carrier picks up/delivers Shipment safely and reasonably.
• Carrier may issue Forms; Customer addresses disputes with Carrier.
• Customer may be subject to Carrier's terms.

7. Fees and Payment

• Customer pays full fees without offsets; payment is due when Carrier accepts Order.
• C.O.D. payments to Carrier in cash or certified funds only.
• Overdue invoices accrue 1.5% monthly interest; Customer liable for collection costs.
• Customer pays storage/redelivery fees for refused deliveries.

8. Cancellation and Refund Policy

• No fees for cancellation before Carrier acceptance; $249 minimum fee after.
• Refunds only for unfulfilled services.
• Cancellations must be emailed to info@brightway.com.

9. Loss, Damage or Delay Claims

• Brightway is not liable for cargo loss/damage.
• Customer files claims with Carrier, not Brightway.
• Report claims to Brightway within 48 hours of delivery.
• Claims governed by federal laws; seek legal advice.
• No liability for uncontrollable damages (e.g., weather, acts of God).

10. Indemnification

Customer indemnifies Brightway against losses from Customer's acts or omissions.

11. Disclaimer and Limitation of Liability

• Brightway's liability limited to fees paid for services.
• No warranties, express or implied, for services.
• No liability for indirect, consequential, or punitive damages.

12. Arbitration

• Arbitration: Disputes resolved by binding arbitration, not court, except for small claims or IP issues.
• No judge/jury; arbitrator awards same relief as court.
• Notify Brightway 30 days before arbitration via certified mail. Conducted by NAM rules.
• Class Action Waiver: Disputes on individual basis only.
• Enforceability: If arbitration invalid, Illinois courts govern.
• Jury Trial: Waived for court claims; IP suits allowed.

13. Additional Terms for California Residents

• User Complaints: California users may file complaints with the California Department of Consumer Affairs.

14. Governing Law; Jurisdiction

Governed by Illinois law and 49 U.S.C.; Illinois courts have jurisdiction for non-arbitrated disputes.

15. Miscellaneous

• No partnership or agency relationship between parties.
• Customer cannot assign rights without Brightway's consent.
• Invalid provisions limited to maintain TERMS' enforceability.
• TERMS are entire agreement; only Brightway may amend.
• Customer waives claims for not reading/understanding TERMS.
• Brightway's non-enforcement is not a waiver.
• Brightway may use Customer's name for marketing unless opted out via inquiry@brightwaylogistics.us.
• TERMS supersede prior communications; additional policies may apply.