Duty of Care

Forwarder undertakes to arrange for the transportation of Customer’s freight by motor vehicle. Prior to tendering Customer’s freight to any Carrier, Forwarder, or its Agent(s), shall obtain a copy of Carrier’s federal operating authority for interstate shipments and state operating authority for intrastate shipments. Forwarder shall verify Carriers’ operating authority and federal safety rating via Federal Motor Carrier Safety Administration’s (“FMCSA”) website “Safersys.org” or other means.
 
Forwarder will only use Carriers with a “Satisfactory”, “Conditional” or “unrated” safety rating. Forwarder is in the business of arranging for transportation by motor carrier and is neither trained, licensed nor otherwise qualified to assess, analyze or predict the likelihood of a Carrier’s safe operations. Forwarder reasonably relies upon the Federal and State Governments to only allow safe carriers to operate on the public roads, and is under no duty to investigate individual Carriers’ operations.
 
Forwarder shall obtain an Acord Certificate of Liability Insurance for each Carrier. Forwarder shall only use Carriers showing a minimum of $750,000 public liability insurance and $100,000 cargo insurance. However, Forwarder has no duty to obtain, review or read Carriers’ insurance policies. Nor does it have any duty to discover policy limitation, exclusions or endorsements not specified on the Acord Certificate. Forwarder has no duty to discover the value of Customer’s freight, or arrange for Carriers with “adequate insurance coverage” unless specifically requested in writing to do so by Customer prior to shipment on a shipment by shipment basis.