By using this website (“Website”) you acknowledge, consent to and agree with the terms and conditions (“Terms”) stipulated in this agreement (“Agreement”) between registered and bonded property broker (MC-1316725) ABC Car Shipping LLL (“Broker”); you (“Customer”); and carrier (“Carrier”) – separately hereinafter referred to as the “Party”, and jointly as the “Parties” - as follows:
Customer grants Broker full authority to contract, as Broker deems appropriate and at Broker’s sole discretion, a licensed and insured Carrier(s) to transport car(s) and/or other vehicle(s) as stipulated in the shipping order agreement. Broker’s terms and conditions shall be applicable to this Agreement and shipments hereunder.
Any and all prior statements and/or other representations made by Broker, whether in writing or verbally, shall be superseded by the Terms contained in this Agreement, which is a full and entire agreement between Customer and Broker. No changes, amendments and/or other modifications may be made to this Agreement in any way or manner other than in writing and subject to signing by duly authorized Broker’s officer.
Carrier shall pick up and deliver Customer’s vehicle(s) to Customer’s door as close as possible both safely and legally. Parties shall mutually agree on loading and unloading places with consideration to, whichever is applicable, residential and/or business area restrictions, narrow streets, bridge clearance, wires and/or trees/tree branches hanging low, etc.
Broker shall notify Customer on estimated dates for pick-up and delivery. However, neither Broker nor Carrier provide any guarantees of any kind as to pick-up and delivery time and/or date since delays may result, among other things, from weather, Carrier issues (technical, mechanical, etc.), road closures and/or conditions, traffic, etc. In case of any losses, damages and/or other issues of any nature and/or for any reason, including, among other things, delays, fees for accommodation, car rental charges, travel expenses, failure to operate Customer’s vehicle and/or mechanical parts thereof, etc., Broker shall not be liable or otherwise held responsible in any manner or way.
It’s Customer’s sole responsibility to prepare vehicle(s) for transport, including, among other things, securing or removing (in advance before pick-up) any and all fragile and/or loose parts, items and/or other accessories, non-permanent luggage mounted outside, low-hanging spoilers, bike racks, etc. Unless otherwise agreed in writing, Customer shall ensure good operating and running condition of vehicle(s) at the time of pick-up by Carrier. It’s Customer’s sole responsibility if any vehicle part(s) fall off during transport, including, among other things, damages to any vehicle(s) and/or person(s) resulting therefrom.
If Customer’s vehicle has a security or alarm system(s) installed, such system(s) shall be duly disarmed, or respective instructions and, if applicable, equipment (keys, etc.) should be provided. Otherwise, if such system is activated and/or alarm sounds, Carrier is hereby authorized to deactivate and/or silence them by any means at Carrier’s sole discretion.
Luggage and personal belongings, if any, shall be moved to, and/or stored in, vehicle(s) trunk only, subject to the total weight of such personal items not exceeding 100 lbs. Broker and/or Carrier shall not be responsible or otherwise held liable in any way or manner for any such personal property left and/or found in vehicle(s) or for any damages to vehicle(s) arising from excessive, inadequate and/or improper loading of personal items. Items that are illegal, prohibited and/or valuable, including, among other things, guns, ammunition, explosives, flammable products, narcotics, alcoholic beverages, plants, animals, jewelry, furs, cash and/or cash equivalents, money, legal papers, and/or any contraband, etc., shall not be transported in Customer’s vehicle(s). Hereby Customer acknowledges, consents to, and agrees that Broker and/or Carrier may report such items to authorities, and said property may be confiscated, removed and/or disposed of without any compensation under applicable laws. Broker and/or Carrier shall not be responsible or otherwise liable in any way or manner for delivering personal items, belongings and/or property. If Customer stores, places and/or otherwise puts personal belonging in vehicle(s), they do so at their own risk.
For international shipments, all items other than factory installed equipment shall be uninstalled and/or otherwise removed from vehicle(s). Please make sure to specify vehicle(s) identification/serial number (VIN) and U.S. dollar value. Customs paperwork shall be Customer’s sole responsibility (for help, please contact your assigned Carrier).
Customer shall notify Broker in writing in advance if the vehicle(s) does not run or is otherwise inoperable and/or oversized and inquire about any additional fees and/or charges resulting from any vehicle(s) modification(s), including, among other things, oversized wheels, extra-large parts, installed racks, lifted vehicle and/or its parts, limo, etc. Customer agrees to pay extra $200 if the vehicle is oversized, inoperable or modified. If Customer fails to notify Broker thereof in a duly manner as stipulated herein, additional fees may be charged. If Carrier is not able to load the vehicle(s) because of any size issue(s), Broker may, at Broker’s sole discretion, charge Customer $1,000.00 no-load fee.
After assigning the Carrier, Broker shall contact Customer to confirm pick-up and delivery date(s) and time. Following confirmation, Broker will share Carrier’s contacts with Customer via e-mail, text message or as otherwise agreed. Broker will send such e-mail and/or text message to Customer’s e-mail and/or phone number as specified in the shipping order agreement.
If the order is cancelled by Customer:
before Carrier is assigned to transport Customer’s vehicle(s), no cancellation fee will be assessed.
after Carrier’s assignment (for details on how Customer is notified thereon, please see Paragraph 9 above), the reservation fee/deposit will not be refunded.
Order can be cancelled by Broker for any reason and at any time.
Customer understands that Carrier’s standard cargo insurance policy may not cover and/or exclude any classic, exotic, antique, restored, specialty, custom, vintage, etc. vehicle(s). Customer is solely responsible for obtaining their own “binder” policy with proper coverage for such vehicle(s) during transport. Broker does not offer any liability and/or cargo coverage.
At the time of pick-up both Customer and Carrier shall examine the vehicle’s exterior for any pre-existing damage and complete vehicle(s) inspection report. Both Customer and Carrier will acknowledge vehicle(s) condition, following which Customer will sign (and get) a copy of the bill of lading. At the time of delivery, both Customer and Carrier shall duly inspect the vehicle(s) for any damages and acknowledge the vehicle(s) condition followed by Customer signing (and receiving) a final copy of the bill of lading.
Broker shall not be responsible and/or otherwise held liable for any losses and/or damages done to vehicle(s) and/or parties involved and incurred during transport to Customer. Any and all damages and/or losses resulting from transporting Customer’s vehicle(s) are the sole liability of the Carrier actually transporting such vehicle(s). Hereby Customer agrees to file all claims with Carrier under the vehicle inspection report / bill of lading and take any legal action in regard to such losses and/or damages against Carrier only. Hereby Customer also agrees and consents to release and hold Broker harmless of any such claims, damages and/or losses. Broker’s liability for the vehicle(s) is limited to the lessor of actual damage to Customer, or actual vehicle(s) cash value, or $50,000. Any and all damages must be reported in the respective section of Carrier’s bill of lading and signed by Customer, regardless of time of day/night, weather and/or other conditions. If Customer signs Carrier’s bill of lading or inspection report without any losses and/or damages specified, this shall verify and confirm that vehicle(s) has been received by Customer in satisfactory condition. Customer agrees to submit any and all claims to Broker and/or Carrier within twenty-four (24) hours from delivery and in writing only. Upon Customer’s request, Broker shall share Carrier’s insurance policy. Under the regulations of the Department of Transportation, all claims must be in writing only and all tariffs and other amount(s) due by Customer must be paid in full before any claims can be processed.
Customer agrees to have their own vehicle(s) insurance (full coverage) from pick-up to delivery. If Carrier’s insurance denies Customer’s claim to cover damage(s) or loss(es), Customer will not hold Broker liable in any way or manner and shall file their claim with their own insurance.
After Customer signs vehicle(s) pre-inspection report, Carrier accepts full liability and shall be solely responsible for such vehicle(s). When vehicle(s) is delivered and final inspection report is signed by Customer, such Carrier’s liability will end.
If any damages and/or losses occur resulting from Acts of God, unforeseen circumstances, including, but not limited to, damages caused by storm, hail, and/or broken/worn items/parts of vehicle(s), Broker shall not be responsible and/or held in any way or manner liable for such losses and/or damages.
An authorized representative of Customer shall be designated to act as their agent, and Customer shall notify Broker thereabout in writing in advance, if Customer plans and/or will be absent and/or otherwise unavailable at pick-up and/or delivery.
Customer agrees to pay Broker reservation fee/deposit as per shipping order agreement. Customer also agrees to pay Carrier remaining amount due (i.e. total due minus reservation fee/deposit paid to Broker in advance). All payments to Carrier must be made in the form of cash and/or cash equivalents, including, but not limited to, cashier’s check(s), money order(s), Zelle, Venmo, PayPal, Apple Cash, etc., as agreed upon in advance with Carrier and/or Broker. Personal / business checks or credit cards will not be accepted for the remaining balance unless agreed upon in advance by Carrier and put in writing by Broker. Customer understands and agrees that if payment is not made as detailed herein, vehicle(s)/item(s) will be stored at Customer’s expense until all transport, storage and, if applicable, other costs and charges are paid in full. If for any reason Customer and/or Customer’s authorized representative/agent is not able to accept delivery, vehicle(s)/item(s) will be put in storage subject to Customer being responsible and/or otherwise solely liable for paying any and all delivery, storage and, if applicable, any and all other charges, costs and fees.
This Agreement shall be governed by, interpreted under, and construed according to the laws of the State of California. Hereby the Parties agree that, if any disputes related to these Terms and/or Agreement, whether directly or indirectly, arise, such disputes shall be resolved in an amicable way. In cases when such amicable agreement cannot be reached, the Parties further agree to resolve such disputes in, and hereby consent to the jurisdiction of, the courts of the State of California with the jurisdiction place/venue, whether State or Federal, in Los Angeles County, State of California. The Party prevailing in any arbitration, litigation, or mediation proceedings related to these Terms and/or this Agreement shall be entitled to recover from the other Party any and all reasonable costs, including, but not limited to, attorney’s fees, filing costs, appeals, etc., incurred, related to, and/or otherwise resulting from, whether directly or indirectly, any and all matters in connection with such legal proceedings.
Broker may share Customer’s information, personal data, and, if applicable, other details, with Federal and/or State authorities upon their request and/or if any suspicious and/or fraudulent activity is detected, including, but not limited to, on this Website; in communication, whether in writing, verbal or by electronic means; actions and/or omission, etc.
Our ultimate objective and primary goal as a Broker is to ensure that all our Customers feel safe and secure while using our services. In cases when any losses, damages and/or other issues arise during pick-up, transport and/or delivery, please feel free to contact us so that we could connect you with Carrier, whose each driver and truck are supposed to have $100,000 insurance policy. Please note that, since Broker is not liable and/or otherwise responsible in any way and/or manner for any losses and/or damages, all claims should be addressed to, and filed with, Carrier.