​Effective July 1, 2025
These terms govern the transport of motorcycles by Onward Roadside Solutions (“Carrier”) and are binding on the shipper, consignee, and any party with interest in the transported property.

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SECTION 1: Liability for Loss or Damage

Carrier shall be liable, as required by law, for loss or damage caused by external events, up to the released or declared value of the shipment, as agreed in advance in writing or as listed in Carrier’s published rates. Carrier’s maximum liability shall apply regardless of whether the loss or damage arose from negligence and includes claims for non-performance, delays, or service failure.

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Carrier is not liable for loss, damage, or delay resulting from:

• Acts or omissions of the shipper or consignee

• Insects, vermin, or natural wear and tear

• Inherent defects or atmospheric sensitivity (e.g., temperature/humidity)

• War, terrorism, governmental seizure, embargo, or other force majeure events

• Labor disputes, strikes, civil unrest, or riots

• Road obstructions, weather, or vehicle breakdowns beyond Carrier’s control

• Acts of God

• Improper or inadequate packing, securing, or bracing by the shipper

 

If an item is damaged:

• Carrier will attempt to repair the damage.

• If repair is not feasible, Carrier may replace with like kind and quality or pay the depreciated value or released value, whichever is less.

• If a declared value is agreed upon, Carrier’s liability is capped accordingly.

Carrier is not liable for indirect, incidental, special, or consequential damages, including loss of use or lost profits.

 

SECTION 2: Transportation Scheduling

Carrier is not bound to use a specific schedule, vehicle, or route. Carrier reserves the right to use third-party carriers or alternate routes to complete transport using reasonable dispatch.

 

SECTION 3: Payment Terms

The shipper and consignee are jointly and severally liable for all transport charges, including:

• Fees for transport, storage, and additional services

• Costs advanced by Carrier (e.g., tolls, access fees)

• Legal fees and collection costs in case of default

No setoff or deduction is permitted for damage claims. Full payment is due before release of claim or legal remedy.

Credit extensions to one party do not release the other from financial responsibility.

Shipper agrees to indemnify Carrier for loss or damage arising from transport of hazardous or illegal items.

 

SECTION 4: Inability to Deliver

If delivery cannot be made for reasons not caused by Carrier, Carrier may:

• Store the vehicle or shipment at a facility of its choice

• Charge the shipper/owner for storage, handling, and related costs

• Retain a lien on the shipment until full payment is made

 

SECTION 5: Carrier’s Lien

Carrier holds a general lien on all property for any unpaid charges including:

• Transport, storage, labor, insurance, and advances

• Legal fees, sale costs, and notice costs incurred to enforce the lien

Carrier may sell the property if fees remain unpaid in accordance with applicable law.

 

SECTION 6: Unclaimed Property

If delivery is refused or not completed within 15 days of notice, Carrier may:

• Store the property at shipper’s expense

• Sell the vehicle or property at public auction after 30 days' written notice

• Apply sale proceeds to unpaid fees and return any surplus to the shipper

Perishable items may be sold immediately if deterioration is likely.

 

SECTION 7: Claims & Legal Action

To file a claim for loss, damage, or delay:

• Written claims must be submitted within 9 months of delivery (or expected delivery if undelivered)

• Lawsuits must be filed within 2 years and 1 day after written denial of claim by Carrier

Failure to meet these deadlines voids any right to compensation.

 

SECTION 8: Shipper’s Warranty & Indemnity

Shipper represents that they lawfully own or control the property and have authority to enter into this agreement.

Shipper agrees to:

• Indemnify Carrier for any legal disputes arising from the shipment

• Cover all legal fees and court costs if Carrier is involved in litigation related to the property

Carrier’s lien extends to any costs incurred defending such claims.

 

Governing Law & Jurisdiction

These terms are governed by the laws of the State of Ohio. Any legal disputes shall be resolved in the courts located in Ohio.