1. Car Shipping & Sales is a registered and bonded property broker (MC#901566) with U.S. Department of Transportation.
This agreement between the customer, (hereinafter referred to as “Customer”), and UCar Shipping & Sales allows Car Shipping & Sales to contract with another licensed and insured Motor Carrier(s) to transport the vehicle(s) described in this shipping order.
2. Carrier will pick up and deliver as close to your door as legally and as safely as possible. A mutually agreeable place to load or unload may be necessary because of low hanging trees, low hanging wires, narrow streets and residential area restrictions.
3. Car Shipping & Sales shall provide Customer with an estimated pick up and estimated delivery date. However, delays may occur prior to, and/or during transport due to weather, road conditions, mechanical problems, etc. There are absolutely no guarantees regarding pick-up or delivery times and dates. Car Shipping & Sales / Carrier shall not be held responsible for loss or damages occasioned by delays of any kind or for any reason, car rental fees or any accommodation fees. Car Shipping & Sales/Carrier shall not be held liable for failure of mechanical or operating parts of your vehicle.
4. Car Shipping & Sales / Carrier jointly and separately are authorized to operate and transport his/her or their motor vehicle between its pick up location and the destination set forth on this shipping order-bill of lading.
5. Customer must prepare vehicle for transport. All loose parts, fragile accessories, low hanging spoilers, etc. must be removed or secured. Shipper shall remove all non-permanent outside mounted luggage and other racks prior to shipment. Vehicles must be tendered to carrier in good running condition (unless otherwise noted) with no more than a half tank of fuel (prefer 1/4 tank).Any part of the vehicle that falls off during transport is the Customer’s responsibility including damages caused by said part to any vehicles(s) and/or person involved.
6. Customer must disarm any alarm system installed in the vehicle or provide proper instructions for this matter. In the event said alarm sounds and there are no keys or instructions to turn it off, carrier may silence alarm by any means.
7. Luggage and personal property must be confined in one suitcase OR bag in trunk only, with no heavy articles, and not to exceed 100 lbs.. Carrier and Car Shipping & Sales is not liable for personal items left in vehicle, nor for damage caused to vehicle from excessive or improper loading of personal items. No personal property shall be transported in customer's vehicle(s) that includes but is not limited to Explosives, Guns, Ammunition, Flammable Products, Narcotics, Negotiable and Legal Papers, Alcoholic Beverages, Jewelry, Furs, Money, Live Pets, Live Plants or any unlawful contraband. Customer agrees that Car Shipping & Sales / Carrier may confiscate or dispose of said items with no remuneration. Car Shipping & Sales / Carrier will not be held responsible for delivery of personal property. If Customer wishes to put items in the vehicle he does so at his own risk.
8. International orders, the car must be empty except for factory installed equipment. Indicate serial #, and give car's approximate value in U.S. dollars. Shipper is responsible for the proper customs paperwork (ask the assigned carrier for help with these documents). Any order, placed on our website that has a pick-up and/or delivery location such as Port will be subject to additional charge of $100.00!
9. If the vehicle is inoperable or oversize (dual or oversize wheels, extra-large, racks, lifted, limo, etc.), Customer must inquire as to extra charges. If Car Shipping & Sales is not advised of inoperable or oversized / modified vehicles prior to pick-up, all extra charges must be paid in cash or money order upon delivery.
10. Once a carrier has been assigned to pick up and transport Customer’s vehicle Car Shipping & Sales notifies the Customer via email ( the email address provided in your car shipping order ).
11. If the Customer cancels his order, prior to the assignment of a Carrier, the deposit paid will be refunded in full. However, if the Customer decides to cancel his order after a truck has been assigned ( see Paragraph 10 of how we notify Customer ) to that order the deposit will NOT be refunded.
12. The Customer agrees that Car Shipping & Sales has the right to reject any order for any reason at any time.
13. At the time of pick up, Customer and Carrier will carefully inspect the vehicle for pre-existing damage ( exterior only ) by completing a vehicle inspection report. The Carrier and Customer will both acknowledge the condition of the vehicle and Customer will sign and receive a copy of the bill of lading.
14. At the time of delivery, Customer and Carrier will carefully inspect the vehicle for transportation damages. The Carrier and Customer will both acknowledge the condition of the vehicle and Customer will sign and receive a final copy of the bill of lading.
15. Damage must be noted in the proper place on the Bill of Lading and signed by Customer regardless of weather conditions, time of day or day of week. Signing the Bill of Lading without notation of any damage verifies that Customer has received his vehicle(s) in satisfactory condition, and that Car Shipping & Sales / Carrier and their agents are relieved of any further responsibility. Carrier damage claims are covered by a minimum of $1,000,000.00 public liability and property damage. All claims must be submitted in writing within 24 hours of delivery. Car Shipping & Sales will share the Carrier insurance policy details upon request. Customer agrees that Car Shipping & Sales is not liable for any property damage claims to Customer’s vehicle and that his, her or its sole remedy is against the Carrier.
16. Carrier accepts responsibility of vehicle after pre-inspection is done and is signed by the Customer. Carrier responsibility will end when the vehicle is delivered and Customer signs final inspection.
17. Car Shipping & Sales / Carrier will not be responsible for damage caused by acts of God, hail or storm damage, or damage resulting from worn/broken parts of vehicle/item.
18. The Customer shall, in their absence, designate a person to act as their agent at the point of pick up and/or delivery, if for any reason they are unavailable.
19. Car Shipping & Sales / Carrier is not responsible to cover any auction storage fees or pickup/delivery facility storage fees. Customer agrees to pay all storage fees prior to pick up of the vehicle. Should Customer be unable to accept delivery for any reason, the vehicle will be placed in storage. Any and all storage and re-delivery charges will be the responsibility of Customer.
20. Customer warrants that he/she will pay the transportation price/deposit due to Car Shipping & Sales / Carrier, for delivered vehicles, and will not seek to charge back a credit card or stop a check to offset any dispute for damage claims and/or delays etc.. It is the Customer‘s responsibility to have any payment due when the Carrier arrives. All payments for Carrier must be in the form of Cash with No exceptions. Certified and Personal checks or credit cards will NOT be accepted for the remaining balance - No exceptions!
For Customer utilizing the Uship Payments program: Customer (Shipper) must provide an original print out from their Uship website account with the generated payment code for the particular shipment directly to the delivering truck driver.
The Customer agrees that if the payment cannot be made by these methods, the vehicle/item will be stored at the Customer‘s expense until Customer pays in full all transport charges. Should the Customer be unable to accept delivery for any reason, the vehicle/item will be placed in storage. Any and all storage and delivery charges will be the responsibility of the Customer.
21. This Agreement shall be construed in accordance with the laws of the State of New York.
22. The parties here agree that all actions or proceedings arising in connection with this agreement shall be tried and litigated exclusively in the State or Federal ( if permitted by law and a party elects to file an action in federal court ) courts located in the Niagara county, in the State of New York.
This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this section. Each party waives any right it may have to assert the doctrine of forum non convenience or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section By action of this provision, the parties agree to submit to the personal jurisdiction of the aforementioned court.
This agreement and any shipment here under is subject to all terms and conditions of the carrier's tariff and the uniform straight bill of lading, copies of which are available at the office of the carrier.
This supersedes all prior written or oral representation of Car Shipping & Sales and constitutes the entire agreement between Customer and Car Shipping & Sales and may not be changed except in writing signed by an officer of Car Shipping & Sales
Car Shipping & Sales U.S. Department of Transportation Broker's license number is MC901566.