Introduction
Mark Westby & Associates (“MWA”) is a licensed broker arranging truck transportation for its customers. MWA does not own or lease any trucking related equipment and is not responsible for the inspection, operation or maintenance of any equipment. MWA does not hire, train, test or in any way manage drivers and will not accept responsibility or liability for any injury, damage or loss arising from the acts, negligence or omission of any motor carrier including its employees, drivers, contractors or agents. The FMCSA grants and revokes the operating authority of motor carriers and issues safety ratings. MWA will not knowingly engage carriers with “Conditional” or “Unsatisfactory” ratings and will abide by any safety rating or scoring guidelines our customers set forth. Shippers may inaccurately name MWA as the “Carrier” on the Bill of Lading which in no way extends the role of MWA as a broker or obligates MWA to the liabilities of a motor carrier.
Westby Truck Lines (“WTL”) is a licensed interstate motor carrier. WTL limits its liability for any cargo loss or damage to actual value or cost of repair. Without a written agreement, WTL limits its cargo liability to $50,000 and will not be liable for consequential damage including late delivery. Shipper is responsible for packaging, loading and count. WTL is not liable for “concealed” damage and is only liable for damage or loss proven to be caused by WTL while in transit.