Terms and Conditions

This document sets forth the respective duties and responsibilities of J. A. Miara Transportation, Inc. ("Miara") and our Customers and their agents, servants, representatives, vendors or contractors (collectively referred to as "Customer") with respect to the jobs, work or services.

Miara's Duties and Responsibilities: Miara will furnish and supervise the labor and equipment necessary for the performance of the Job. If the Job involves Miara's transportation of any property by motor vehicle (truck), such transportation will be performed subject to the terms and conditions of Miara's Bill of Lading, which are incorporated herein by reference and are available to customer upon request.

Preparation for Transportation: All equipment or property to be transported in connection with the Job must be properly prepared for transportation by Customer, its shipper, owner or designated representative (manufacturer's rep. or mechanic) prior to commencement of Miara's work. Equipment must be properly braced, packaged and prepared for transportation, including but not limited to, the installation of shipping brackets, supporting braces, securing of counterweights, extensions, pipes, beds, tables, heads and other moving or loose parts so as to prevent movement and damage in transit. Equipment must be drained of any and all fluids, which may leak or freeze, causing damage. If the equipment is crated, it must be properly secured to the crate and such crate must be sturdy and rugged as prepared by craftsmen experienced in crating machinery and equipment and sufficient to adequately protect the equipment during transportation. During ordinary rigging, moving or transportation, equipment may be tipped, turned or subjected to strong forces, which are not normally experienced while at rest. Such forces include events during ordinary over-the-road transportation and conditions inherent at job and construction sites such as road construction, railroad tracks, sharp turns, unleveled roadways, potholes and other road hazards. While Miara seeks to avoid such conditions, it is sometimes impossible to do so. It is therefore Customer's responsibility to see that all equipment, components, parts and accessories are properly and safely packaged, secured, crated, blocked or braced to prevent damage from such events during transportation. Miara will not be responsible for any damage to equipment or property that occurs during transportation or rigging as a result of Customer's failure to have properly secured, prepared, packaged and braced the equipment as described above. For additional terms and conditions, please refer to our website at http://www.jamiara.com/rules.htm.

Payment Terms: C.O.D. or Charge if customer has current account in good standing

Acceptance: This Agreement is made and memorialized and is hereby effective beginning upon mutually predetermined date or upon the actual commencement of work, or upon dispatch of Miara personnel and equipment to the worksite at the direction of the Customer, whichever date is earliest. This Agreement shall continue in full force and effect from the effective date described above until the labor and equipment hired shall be returned to Miara's Wilmington, MA yard, or the point from which it originated, or until Customer has paid Miara in full, or for such longer period as otherwise expressly agreed to by the parties, whichever is latest.

Hours of Operation: If the quotation to which this Agreement applies is based upon an hourly rate, it is understood that Hours of Operation commence from the time the crew or truck leaves Miara’s terminal and continues until such crew or truck returns.

Access: Customer will provide Miara with clear, safe and direct access to job site and with exclusive use of required work area.

Obstructions: Overhead and underground obstructions and facilities will be removed or made safe by others. Miara will not be responsible for damage to underground structures, voids or utilities, or damage to concrete or asphalt not specifically identified in advance. Protection of identified underground items, concrete or asphalt must be agreed to by all parties, in advance, in writing.

Insurance: Customer shall at all times carry public liability and property damage insurance with respect to the Job and the premises or job site upon which Miara is directed to work. Miara shall maintain statutory workman's compensation insurance as required by the State in which the work is carried out, and such other insurance as may be required by applicable law.

Payment: Miara's invoices under this Agreement shall be due and payable upon presentation or pre-established terms and shall be delinquent if unpaid after 30 days. In the event any invoice is not paid by the date it becomes delinquent, Customer agrees to pay, in addition to the invoiced amount, interest at the maximum legal rate allowed by law (2%) from the date of delinquency to the date paid, plus the costs of collection, including reasonable attorney's fees, if collection action is instituted by Miara.

Hazardous Materials: The handling of any hazardous materials, equipment or containers containing hazardous material is specifically excluded from the Job and Miara's scope of work. Hazardous materials include, but are not limited to the following: asbestos, fuels, oils, explosives and materials known to be cancer causing. Worker's Compensation claims resulting from the handling of such materials will not be excluded from subrogation by any waiver furnished by Miara. Customer will advise Miara in writing prior to the commencement of the Job of the presence of any hazardous materials that may be involved in the Job. A written resolution of the disposition of hazardous materials must be provided to Miara, prior to the start of the Job.

Tarping: Tarping of equipment does not guarantee complete dryness. Vinyl tarps do a very good job of preventing most water migration, but water can still permeate through small holes, stretched seams, overlaps with other tarps, seams that meet the floor or step of the trailer or even up through the floor. If a hermetically sealed environment is required options other than tarping are available. Such options include (but are not limited to) crating and vapor-bagging. If you have special concerns please bring them to the attention of Miara Transportation dispatch or office personnel.

Written estimates expire thirty (30) days from Customer's execution and acceptance of this Agreement. Written Estimate Amounts will be honored when the Estimate Agreement is signed by Customer. Customer, by its duly authorized signature, agrees to and is bound by the terms of this Agreement and the Estimate Amount for the Job. The Estimate Agreement must be signed and dated by a duly authorized representative of Customer and returned to Miara via mail or fax at (978) 658-4038 prior to scheduling a date for the Job to begin.