TERMS & CONDITIONS OF TRANSPORTATION

Dirty Birds TCD LLC
USDOT 4441571 • MC 1749946
Effective August 28, 2026

These Terms & Conditions of Transportation (“Terms”) govern transportation services performed by Dirty Birds TCD LLC (“Carrier”).

These Terms apply when incorporated or referenced in a quote, rate confirmation, booking confirmation, bill of lading, transportation agreement, freight request, or other written or electronic agreement involving Carrier.

By tendering freight to Carrier after receiving a quote, confirmation, or other agreement incorporating these Terms, the contracting party (“Customer”) agrees to these Terms.

If a signed rate confirmation or separate written transportation agreement conflicts with these Terms, the specifically negotiated written agreement will control for that shipment.

1. CARRIER SERVICES

Dirty Birds TCD LLC operates as a motor carrier providing hotshot and light freight transportation.

Carrier may transport, when appropriate for its equipment and legal operating limits:

• Vehicles and auction units
• Construction and industrial equipment
• Machinery and attachments
• Palletized and crated freight
• Parts, supplies, and building materials
• General flatbed and commercial freight

All shipments are subject to Carrier approval based on freight type, dimensions, weight, loading requirements, securement requirements, route, schedule, equipment availability, and applicable law.

Carrier does not accept hazardous materials requiring placarding, refrigerated freight, household-goods moving services, illegal cargo, or any freight Carrier determines cannot be transported safely or legally.

2. QUOTES, RATES & LOAD INFORMATION

Transportation quotes are based on the shipment information provided by Customer.

Customer is responsible for providing accurate information, including:

• Pickup and delivery locations
• Freight description
• Quantity
• Weight
• Dimensions
• Loading and unloading requirements
• Vehicle or equipment operating condition
• Appointment requirements
• Special handling requirements
• Any other information reasonably necessary to evaluate the shipment

Rates may be revised if the actual shipment differs materially from the information provided when the quote was issued.

A quote does not guarantee truck availability until the shipment is accepted and confirmed by Carrier.

3. RIGHT TO ACCEPT OR REFUSE FREIGHT

Carrier reserves the right to refuse or discontinue transportation of any shipment that Carrier reasonably determines is:

• Overweight
• Oversized for available equipment
• Improperly documented
• Unsafe to load or transport
• Improperly packaged
• Unable to be adequately secured
• Misrepresented by weight, dimensions, commodity, or condition
• Prohibited by law
• Inconsistent with Carrier's operating authority, insurance, or equipment

Carrier may require freight to be repositioned, repackaged, reduced, reloaded, or otherwise corrected before transportation begins.

4. LOADING, SECUREMENT & WEIGHT RESPONSIBILITY

Customer is responsible for providing accurate freight descriptions, dimensions, weights, counts, and loading information.

When loading, blocking, or bracing is performed by the shipper or its facility, the shipper remains responsible for the manner in which those activities are performed.

Carrier and its driver retain responsibility for determining whether freight can be safely and legally transported on Carrier's equipment and for ensuring cargo securement complies with applicable transportation regulations before and during transit.

Carrier may rely on Customer's declared weight, dimensions, count, and freight description when evaluating a shipment.

Carrier reserves the right to refuse, require adjustment of, or discontinue transportation of any shipment that is overweight, unsafe, improperly loaded, improperly documented, or otherwise unsuitable for legal transport.

5. VEHICLES & EQUIPMENT

Customer must disclose whether any vehicle or piece of equipment is:

• Running or non-running
• Able to roll freely
• Able to steer
• Able to brake
• Leaking fluids
• Damaged
• Modified from its standard configuration
• Missing keys or operating components
• Otherwise difficult to load or unload

Additional charges may apply when winching, special loading procedures, additional labor, or other services are required because the condition of the vehicle or equipment differs from what was disclosed.

Carrier may photograph or otherwise document the condition of vehicles, equipment, and freight before loading and after delivery.

Existing scratches, dents, mechanical defects, weathering, leaks, broken components, or other pre-existing conditions are not transportation damage.

Loose personal property should not be placed inside vehicles or equipment unless expressly approved by Carrier. Carrier may require unsecured items to be removed before transportation.

6. PICKUP & DELIVERY ACCESS

Customer is responsible for ensuring that pickup and delivery locations provide reasonable and safe access for Carrier's truck and trailer.

Carrier is not required to enter any location that the driver reasonably determines may:

• Damage Carrier equipment
• Create an unsafe operating condition
• Cause the vehicle or trailer to become stuck
• Violate traffic, weight, clearance, or property restrictions
• Otherwise present an unreasonable risk

When safe access is unavailable, Carrier may require pickup or delivery at a nearby safe and legally accessible location.

Customer is responsible for coordinating any required facility permissions, appointments, gate access, keys, release documents, or other requirements necessary for pickup and delivery.

7. SCHEDULING, DELAYS & ETAs

Pickup and delivery dates and estimated arrival times are provided in good faith based on information available at the time.

Unless expressly guaranteed in writing, pickup and delivery times are estimates and not absolute guarantees.

Transportation may be affected by circumstances including:

• Traffic
• Weather
• Road closures
• Accidents
• Mechanical emergencies
• Facility delays
• Loading or unloading delays
• Governmental actions
• Safety conditions
• Hours-of-service requirements
• Events beyond Carrier's reasonable control

Carrier will communicate material delays as soon as reasonably practicable.

Carrier will not be liable for delay-related consequential or special damages except to the extent required by applicable law or expressly agreed in writing.

8. FREIGHT CONDITION AT DELIVERY

Customer or receiver should inspect the shipment at delivery whenever reasonably possible.

Visible Damage or Shortage

Any visible loss, shortage, or damage should be noted on the delivery receipt or Proof of Delivery before the shipment is accepted and signed for.

A delivery receipt or POD signed without notation of visible loss or damage will serve as evidence that no visible exception was identified at the time of delivery.

A clean POD does not eliminate rights that cannot legally be waived, but it may be considered when evaluating the condition of the shipment at delivery.

Concealed Damage

Any concealed damage discovered after delivery should be reported to Dirty Birds TCD within forty-eight (48) hours so that the condition may be promptly documented and investigated.

Customer should preserve:

• The freight
• Packaging
• Photographs or video
• Delivery documentation
• Repair estimates
• Inspection records
• Other evidence reasonably necessary to investigate the alleged damage

The forty-eight-hour reporting request is intended to allow prompt investigation and does not shorten any minimum formal claim period required by applicable law.

9. FORMAL CARGO CLAIMS

Where federal interstate cargo-claim law applies, formal cargo claims must be filed within nine (9) months after delivery, or within nine (9) months after a reasonable time for delivery has elapsed in the event of non-delivery.

A formal cargo claim must be submitted in writing and must:

• Identify the shipment involved
• Assert liability for the alleged loss, damage, injury, or delay
• State a specified or reasonably determinable amount being claimed
• Include supporting documentation reasonably necessary to investigate the claim

A notation of damage on a POD, delivery receipt, inspection report, estimate, or similar document does not by itself constitute a formal cargo claim.

Any civil action arising from an interstate cargo claim must be brought within the minimum period required by applicable federal law, measured from written disallowance of the claim where applicable.

10. CARGO LIABILITY

Carrier liability for loss or damage to interstate freight will be determined under applicable federal law, including the Carmack Amendment where applicable, together with the applicable bill of lading and any valid written agreement between Carrier and Customer.

For transportation not governed by federal interstate cargo law, liability will be determined under applicable law and the parties' written transportation agreement.

Any limitation or declared value of cargo liability must be established in writing where required by law.

Carrier's cargo insurance limit is not, by itself, a contractual limitation of Carrier's legal liability.

To the extent permitted by applicable law, Carrier will not be responsible for consequential, incidental, special, exemplary, or punitive damages, including loss of profit, business opportunity, market, or use, unless expressly assumed by Carrier in writing.

Carrier is not responsible for loss or damage caused solely by circumstances for which Carrier is not legally responsible.

11. CARGO INSURANCE

Carrier maintains commercial insurance consistent with its operations.

Current insurance information and Certificates of Insurance may be provided upon request.

The existence or amount of insurance coverage does not independently establish liability, waive policy terms or exclusions, or create coverage where none otherwise exists.

Claims may be submitted to Carrier and, when appropriate, referred to Carrier's insurer for investigation.

Customer agrees to reasonably cooperate with Carrier and its insurer in the investigation of any alleged cargo loss or damage.

12. PAYMENT TERMS

Payment terms will be governed first by the applicable rate confirmation, written quote, or transportation agreement.

When no different payment period is stated in writing, payment is due Net fifteen (15) days after Customer receives complete and legible delivery documentation.

Customer shall pay all undisputed transportation charges when due without unauthorized offset, deduction, chargeback, or unilateral adjustment.

A dispute involving one portion of an invoice does not excuse or delay payment of undisputed amounts.

Carrier may suspend or decline future service for overdue or unpaid balances.

13. DIRECT-CUSTOMER PAYMENTS

For direct-customer shipments, Carrier may require:

• Payment before dispatch
• A deposit before dispatch
• Payment before unloading
• Payment at delivery
• Another payment arrangement stated in the written quote or booking confirmation

Customer will be informed of the required payment arrangement before the shipment is accepted.

When payment is expressly due before delivery or release of freight and payment is not made as agreed, Carrier may exercise any lawful rights or remedies available under the transportation agreement and applicable law, including any lawful carrier lien rights.

Nothing in these Terms creates a right to retain freight where such a right is prohibited by applicable law.

14. LATE PAYMENT & COLLECTION

Past-due amounts may accrue interest at a rate of one percent (1%) per month, or the maximum rate permitted by applicable law, whichever is lower.

Customer may be responsible for reasonable costs incurred by Carrier in collecting valid past-due transportation charges, including collection expenses and attorney fees where permitted by applicable law or written agreement.

Carrier reserves the right to pursue any lawful remedy available for recovery of unpaid transportation charges.

15. ACCESSORIAL & ADDITIONAL CHARGES

Charges in addition to the agreed line-haul transportation rate may apply when additional services or delays are required.

Examples include:

• Detention
• Layover
• Truck ordered not used (“TONU”)
• Additional stops
• Route changes requested after booking
• Redelivery
• Storage
• Winching
• Special loading or unloading assistance
• Excessive loading or unloading delays
• Tolls or permits specifically attributable to Customer-requested routing
• Other services outside the originally agreed scope of transportation

When practicable, additional charges will be communicated and documented before they are incurred.

Rates stated in a rate confirmation, written quote, or transportation agreement will control.

16. CANCELLATIONS & TRUCK ORDERED NOT USED

Customer should notify Carrier of cancellations as soon as possible.

A cancellation charge or Truck Ordered Not Used charge may apply when a shipment is canceled after Carrier has:

• Accepted and confirmed the shipment
• Dispatched toward the pickup
• Arrived at the pickup location
• Reserved substantial capacity that can no longer reasonably be replaced

Any specifically agreed cancellation or TONU amount stated in the rate confirmation, quote, or transportation agreement will control.

17. DETENTION & FACILITY DELAYS

Carrier expects reasonable loading and unloading times.

Detention or layover charges may apply when Carrier is delayed beyond the agreed or reasonably expected loading or unloading period due to circumstances attributable to Customer, shipper, receiver, or facility.

Carrier will document arrival, departure, and delay information when reasonably possible.

Any detention or layover terms stated in the applicable rate confirmation or written transportation agreement will control.

18. BROKERS & THIRD-PARTY LOGISTICS PROVIDERS

A broker or third-party logistics provider tendering freight to Carrier represents that it has authority to arrange transportation of the shipment and to enter into the applicable transportation agreement.

Carrier may review creditworthiness before accepting freight.

Carrier may decline loads from brokers or customers with unacceptable payment history, unresolved balances, questionable authority, or other material credit or compliance concerns.

Carrier will rely on the agreed rate confirmation or written transportation agreement for payment and shipment terms.

Unauthorized rebrokering, double brokering, misrepresentation of carrier identity, or fraudulent tender of freight is prohibited.

19. SHIPMENT DOCUMENTATION

Customer agrees to provide all documentation reasonably required for transportation.

Carrier may require documents including:

• Rate confirmation
• Bill of lading
• Pickup or release authorization
• Auction or dealership release documentation
• Vehicle identification information
• Equipment description
• Purchase documentation where appropriate
• Delivery instructions

Carrier will provide delivery documentation and POD according to the applicable transportation agreement.

20. PROHIBITED & UNDISCLOSED CARGO

Customer shall not tender:

• Hazardous materials requiring placarding
• Illegal drugs or contraband
• Stolen property
• Weapons or regulated goods requiring authority Carrier does not possess
• Explosives
• Undisclosed hazardous substances
• Freight requiring temperature control unless expressly accepted
• Household goods requiring household-goods carrier authority
• Any commodity that cannot legally be transported under Carrier's authority or equipment configuration

Customer is responsible for accurately identifying the commodity being tendered.

Carrier may immediately refuse transportation when freight is discovered to have been materially misrepresented.

21. SAFETY

Safety takes priority over scheduling or delivery expectations.

The driver has final authority regarding safe operation of Carrier's equipment.

Carrier will not be required to:

• Operate equipment in an unsafe condition
• Violate hours-of-service requirements
• Exceed legal vehicle, axle, or cargo weight limitations
• Operate on a road or property that presents an unreasonable safety risk
• Transport inadequately secured freight
• Violate applicable FMCSA, DOT, state, or local requirements

Customer-requested schedules do not override Carrier's legal or safety obligations.

22. COMMUNICATION

Customer is responsible for providing accurate contact information for parties involved in the shipment.

Carrier may communicate shipment information through:

• Telephone
• Text message
• Email
• Electronic forms
• Dispatch systems
• Other reasonable electronic methods

Customer consents to ordinary transportation-related electronic communications relating to the shipment.

23. ELECTRONIC DOCUMENTS & SIGNATURES

Electronic records, electronic signatures, scanned documents, photographs, emailed confirmations, and other electronic communications may be used in connection with transportation services.

Electronic acceptance of a quote, rate confirmation, booking confirmation, or other transportation agreement may be treated as acceptance to the extent permitted by applicable law.

24. INDEPENDENT MOTOR CARRIER

When Dirty Birds TCD accepts a shipment under its motor-carrier authority, Dirty Birds TCD acts as the motor carrier responsible for performing the transportation described in the applicable agreement.

Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between Carrier and Customer.

25. CUSTOMER INDEMNIFICATION

To the extent permitted by applicable law, Customer agrees to be responsible for losses, expenses, fines, penalties, or damages caused by Customer's:

• Material misrepresentation of freight
• Undisclosed hazardous or prohibited cargo
• Incorrect weight or dimension information
• Failure to obtain required ownership or release authority
• Unsafe loading performed exclusively by Customer or its facility that could not reasonably be discovered by Carrier
• Violation of applicable law

This provision does not require Customer to indemnify Carrier for loss caused by Carrier's own negligence or legal responsibility to the extent such indemnification is prohibited by law.

26. FORCE MAJEURE & EVENTS BEYOND REASONABLE CONTROL

Neither party will be considered in breach solely because performance is prevented or materially delayed by circumstances beyond its reasonable control, including severe weather, natural disaster, governmental action, road closure, civil disturbance, labor disruption, or similar extraordinary event.

This provision does not eliminate any cargo liability imposed by law that cannot legally be waived.

27. GOVERNING LAW

Interstate motor-carrier transportation will be governed by applicable federal transportation law where federal law controls or preempts state law.

For matters not governed or preempted by federal law, these Terms will be interpreted under applicable California law unless the parties expressly agree otherwise in writing.

28. ORDER OF PRECEDENCE

If documents governing a shipment conflict, the following order will generally apply:

1. A separately negotiated and signed transportation agreement

2. The applicable signed or electronically accepted rate confirmation or written quote

3. The applicable bill of lading, to the extent legally controlling

4. These Terms & Conditions

A document issued unilaterally after transportation has begun will not modify an agreed material term unless accepted by the affected party.

29. SEVERABILITY

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

Any invalid provision will be interpreted or limited only to the extent necessary to make it enforceable where legally permissible.

30. NO WAIVER

Carrier's failure to enforce a provision on one occasion does not waive the right to enforce that provision on a later shipment.

Any waiver of a material contractual right must be made in writing by the party granting the waiver.

31. MODIFICATIONS

Carrier may update these website Terms from time to time.

The version applicable to a shipment will be the version incorporated into or otherwise applicable to the transportation agreement when the shipment is booked, unless the parties later agree to a modification in writing.

32. CONTACT INFORMATION

Dirty Birds TCD LLC

USDOT 4441571
MC 1749946
California MCP Active

Dispatch: (707) 362-0051
Email: Dispatch@DirtyBirdsTCD.com
Website: www.DirtyBirdsTCD.com

Nationwide Hotshot & Light Freight Transportation