Auto Care Transport, LLC (“Auto Care”) is a fully licensed and bonded auto transport broker (USDOT broker license # 3526174). These Auto Transport Terms and Conditions (the “Agreement”) govern the Services (as defined in this Agreement) provided by Auto Care to you, as the client (together with your designees, referred to herein as “Client”, “you”, or “your”).

 

1. Acceptance of Agreement.

By clicking to accept or agree to the Agreement when this option is made available to you, you: (i) acknowledge that you have read and understand this Agreement in its entirety; (ii) accept and agree to be bound by this Agreement in its entirety; (iii) are entering into a legally binding contract with Auto Care; and (iv) acknowledge that, except as otherwise expressly provided, this Agreement is solely between you and Auto Care. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHALL NOT USE THE SERVICES.

 

2. Services.

Auto Care will identify and contract with a transport car carrier (“Carrier”) to transport your Vehicle (as defined in this Agreement) in accordance with your order (the “Services”). Auto Care’s Services are considered rendered when Auto Care has designated a Carrier to transport your Vehicle. In providing the Services, Auto Care is acting solely in the capacity of an auto transport broker to connect you with a Carrier for the purposes of moving your Vehicle. Auto Care is not responsible for moving your Vehicle nor will Auto Care take possession of your Vehicle.

 

3. Placing an Order.

To place an order, you must provide accurate information identifying your vehicle that will be transported using the Services (the “Vehicle”), whether the Vehicle is operable, addresses for pickup and delivery, preferred pickup date, the names and contact information for responsible individuals who will be present at pickup and delivery, the type of transport you would like (e.g., open or closed carrier), and a credit/debit card number for payment.

After you initially provide your order information, Auto Care will send you an email (“Verification Email”) containing your order information and the fees you will be charged for Services based on the information you provided. At that time, you must review and confirm your information and acceptance of the fee and this Agreement by submitting your order on the Auto Care website as directed in the Verification Email. By submitting your order, you represent that all information you provided (as presented in the Verification Email) is complete and accurate and agree to pay the fees for the Services and transportation of your Vehicle. Auto Care has no responsibility to provide Services until your order is submitted. By submitting your order, you authorize us to provide your contact information and all order details to prospective Carriers and represent and warrant that you are the registered legal owner of the Vehicle, or that you have been duly authorized by the legal owner of the Vehicle to enter into this Agreement and acquire services to transport the Vehicle in accordance with the order.

4. Fees.

You agree to pay in full the fees for Services and any additional charges that may be incurred in accordance with this Agreement. The fees for Services will be set forth in the Verification Email and on the Auto Care website before you submit your order. The total fee is due in two installments, the first due when Auto Care designates a Carrier to transport your Vehicle (the “Initial Payment”) and the balance due when your Vehicle is delivered (the “Remaining Balance”).

The Initial Payment must be paid by credit/debit card. Once the Carrier is assigned, Auto Care will send you a “Complete Reservation” Form with an Encrypted File to insert credit/debit card information. When Completed, the funds are charged immediately and the drivers information will be sent to you via email.

The Remaining Balance and any additional charges incurred in accordance with this Agreement must be paid in full by cash or certified check, directly to the Carrier upon delivery of your Vehicle. Cash and certified checks are the only methods of payment accepted for the Remaining Balance or any other charges due at delivery. Failure to remit the Remaining Balance when due will result in storage of the Vehicle at your expense until the balance is paid in full.

In certain circumstances, Auto Care and Client will make arrangements for Client to pay the Initial Payment and the Remaining Balance by Credit Card. In such circumstances, the Remaining Balance shall be charged when Auto Care designates a Carrier to transport your vehicle. Auto Care will pay the Remaining Balance to the Carrier upon delivery of your Vehicle.

All amounts due must be paid in full when due and the fees are not subject to dispute or offset for any damages or any other reason (including, without limitation, because you are not satisfied with the Services). Once paid, charges are non-refundable. If your form of payment for the Remaining Balance (when collected by Auto Care) is rejected, we will contact you for an alternative form of payment and reserve the right to withhold further services until payment is made. Failure to timely provide an alternate form of payment may result in delay in designating a Carrier to transport your Vehicle and/or delivery of your Vehicle.

In addition, if you fail to make any payment when due or we receive a chargeback for your payment (whether due to a dispute of the charge or any other reason), then you must pay Auto Care the outstanding amount owed plus reimbursement for all reasonable costs incurred in collecting any overdue payment or chargeback and related interest, including, without limitation, attorneys’ fees, legal costs, court costs, and collection agency fees. All late payments and chargebacks will be charged interest, calculated from the date the payment was originally due, at a rate that is the lesser of: (a) 1.5% per month and (b) the highest rate permissible under applicable law.

 

5. Order Changes, Refund and Cancellation.

You may change your order at any time prior to your Vehicle being picked up by the Carrier designated by Auto Care. Order changes may result in additional fees. If the additional fees are not agreed upon, the order will be canceled. If you cancel your order before a Carrier has been designated to transport your Vehicle, you will not be charged the Initial Payment or the Remaining Balance. The Initial Payment is non-refundable. If you cancel your order after a Carrier has been designated to transport your Vehicle, you will not be charged the Remaining Balance. However, the Initial Payment is non-refundable, as our services have been rendered. Orders cannot be canceled or changed after the Vehicle has been picked up. All order change and cancellation requests must be submitted in writing to info@autocaretransport.com.

 

6. Designation of Carrier.

You will be notified by email (at the email address provided on your order form) when a Carrier has been designated to transport your Vehicle. The designation email will include information about the Carrier as well as estimated pickup and delivery dates.

 

7. Preparation of Vehicle for Transport.

You shall take the following steps prior to the designated pickup time to prepare your Vehicle for Transport:

a) Remove and secure all loose parts, fragile accessories and low hanging spoilers, etc.;

b) Remove all non-permanent, outside mounted luggage and other racks;

c) Remove or deactivate any toll pass transponders or other sensors that may get charged to your account (e.g., EZ-Pass). Note that 100% of any toll charges incurred by the Client are the responsibility of the Client;

d) Ensure your Vehicle is in good working condition (unless previously noted on your order) and with between 1/4 and 1/2 tank of fuel;

e) Disarm any alarm system or provide Carrier with keys and instructions for arming/disarming any alarm system; and

f) Remove all personal belongings and sensitive materials and do not store any dangerous or illegal items inside the Vehicle (including, but not limited to, explosives, guns, ammunition, fireworks, flammable materials, alcohol, legal or illegal drugs, money, legal or financial documents, pets, plants, and any other personal belongings, sensitive materials, or unlawful contraband).

Failure to take these steps will result in you being liable for damages caused to your Vehicle, the transport vehicle, or other property. Neither Carrier nor Auto Care will be liable for any damages or loss caused to your Vehicle or any other property that is caused in part by your failure to reasonably comply with this Agreement. Any items left in your Vehicle shall be at your own risk.

8. Transport of Vehicle.

By submitting an order, you authorize the designated Carrier to operate and transport your Vehicle between the pickup and delivery location and take such steps the Carrier deems necessary to complete such transportation, including driving the Vehicle (operation of the vehicle by Carrier may be covered by your insurance). Either Auto Care or the Carrier will contact you prior to pickup or delivery to inform you of the approximate time and location of such pickup or delivery. The Carrier will attempt to make the actual pickup and delivery location as close to the address requested, taking various factors into account, including, without limitation, transportation restriction laws, and safety. These factors may require you and the Carrier designating a mutually agreeable pickup/delivery location other than you requested. If you are unable to be at the designated pickup/delivery location at the designated time, you must designate with the Carrier another individual (who must be at least 18 years old) to act as your agent for purposes of the pickup/delivery. You are solely responsible for the acts and omissions of your designee. You and your Vehicle must be present at the pickup location at the designated time or you risk cancellation of your order and incurring the cancellation fee. If you are not at the delivery location at the designated time, your Vehicle may be stored and/or the delivery delayed, each at your sole expense.

Pickup. At the time of Vehicle pickup, prior to Carrier taking possession of the Vehicle, you and Carrier shall conduct a full inspection of the Vehicle for existing exterior damage. The results of this inspection shall be recorded on the inspection report on the Bill of Lading. You and Carrier shall acknowledge the existing condition of the Vehicle by signing the Bill of Lading. YOU ARE RESPONSIBLE FOR OBTAINING AND RETAINING A COPY OF THE ORIGINAL BILL OF LADING FOR YOUR RECORDS. IF A PAPER COPY IS NOT AVAILABLE, A PICTURE OR PHOTOCOPY IS SUFFICIENT. If the Vehicle is found inoperable or not as described in the order (e.g. oversized), you may be subject to additional charges by the Carrier which will be payable upon delivery.

Delivery. At the time of Vehicle delivery, you and Carrier shall conduct a full inspection of the Vehicle for any exterior damage that may have been caused during transport. The results of this inspection shall be recorded on the inspection report on the Bill of Lading. You must notate any new damage to the Vehicle (as compared to the condition of the Vehicle at the time of pickup) on the Bill of Lading inspection report. You and Carrier shall acknowledge the condition of the Vehicle by signing the Bill of Lading. YOU ARE RESPONSIBLE FOR OBTAINING AND RETAINING A COPY OF THE ORIGINAL BILL OF LADING FOR YOUR RECORDS. IF A PAPER COPY IS NOT AVAILABLE, A PICTURE OR PHOTOCOPY IS SUFFICIENT. BY SIGNING THE BILL OF LADING WITHOUT NOTATION OF DAMAGE, YOU ACKNOWLEDGE THAT YOU RECEIVED YOUR VEHICLE IN SATISFACTORY CONDITION AND WITHOUT DAMAGE AND THEREBY RELEASE AUTO CARE AND CARRIER OF ANY CLAIMS OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR VEHICLE.

Carrier’s responsibility for the Vehicle commences only when the Bill of Lading is signed by you and Carrier at pickup and terminates no later than when you sign the Bill of Lading at delivery or otherwise take delivery of the Vehicle. Transportation services are subject to delays caused by numerous factors prior to or during transport of your Vehicle, many of which are out of the control of Auto Care and the Carrier, including, without limitation, road conditions, weather, and mechanical issues. Therefore, neither Auto Care nor Carrier guarantee pickup/delivery dates, times, or locations. Any estimate of pickup/delivery date, time, or location that is provided to you by Auto Care or Carrier is approximate and subject to change.

9. Alternative Pickup/Delivery Arrangement/Failure to Show at Pickup/Delivery.

We strongly urge you (or your designee) to be present at the pickup/delivery location when your Vehicle is picked up/delivered and strongly urge against you arranging for pickup/delivery of your Vehicle when neither you nor your designee will be present at the pickup/delivery location when your Vehicle is picked up/delivered. If you (or your designee) fail to show at the pickup/delivery location when your Vehicle is picked up/delivered or you arrange with either Auto Care or the Carrier for pickup/delivery of your Vehicle when you (or your designee) cannot be present, then you waive certain rights under this Agreement, including the right to inspect your Vehicle and notate any damage. In such instances, and without limiting in any way the disclaimers, limitations of liability, and other provisions set forth herein:

(a) in no way shall Auto Care be responsible for damage to or loss of your Vehicle or any part or content thereof;

(b) you may be required by the Carrier and/or Auto Care to sign an additional release or waiver of liability;

(c) you may be required by the Carrier to make alternative arrangements for pickup/delivery of your Vehicle and keys;

(d) you take sole responsibility for additional costs incurred as a result of the alternative pickup/delivery arrangements including, without limitation, costs related to shipping Vehicle keys and any other contents of the Vehicle, towing/booting fees, your transportation costs to any alternative delivery location (for example, if your Vehicle is towed by a third party or the Carrier determines, in its sole discretion, to take your Vehicle to be stored), cancellation fees, and storage fees; (e) you retain sole responsibility for obtaining permission for your Vehicle to remain at the designated pickup location in your absence and any damage or loss thereto until the Carrier actually picks up your Vehicle; and (f) you take sole responsibility for obtaining permission for delivery of your Vehicle to the designated delivery location in your absence and your Vehicle’s presence at that location and any damage or loss thereto from delivery until you retrieve your Vehicle.

10. Disclaimer of Warranty.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT AUTO CARE HAS NO LIABILITY FOR ANY ACT, OMISSION OR DECISION MADE BY AUTO CARE OR ANY OTHER THIRD PARTY, INCLUDING CARRIER. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND AUTO CARE MAKES NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR AVAILABILITY. AUTO CARE DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE OR WILL MEET YOUR REQUIREMENTS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, AUTO CARE’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

11. Limitation of Liability

a. The total cumulative liability of Auto Care for any and all claims and damages, whether arising from statute, contract, tort or otherwise, shall not under any circumstances exceed the total fees paid by Customer to Auto Care for Auto Care’s services under the respective Order Confirmation.

b. EXCEPT AS OTHERWISE PROVIDED HEREIN, AUTO CARE MAKES NO WARRANTIES FOR ANY OF ITS SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.

c. UNDER NO CIRCUMSTANCES WILL AUTO CARE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO A SHIPMENT OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnity.

You agree to indemnify, defend and hold Auto Care and Carrier harmless for any costs, expenses, damage, losses, and claims arising out of or relating to your breach of any provision of this Agreement.

13. Miscellaneous.

a. These TERMS and the parties’ agreement hereunder shall be construed in accordance with Title 49, United States Code, and the laws of the State of New Jersey.

b. Auto Care shall be an independent contractor with respect to Customer, and nothing herein contained shall be construed to be inconsistent with such relationship or status.

c. Except as expressly set forth in these TERMS, Customer may not assign any rights hereunder without Auto Care’s prior written consent. These TERMS are binding on and inure to the benefit of the parties and their respective successors and assigns.

d. The invalidity or unenforceability of any provision of these TERMS shall not affect the validity or enforceability of any other provisions herein.

e. These TERMS supersede all prior written or oral representations and constitute the entire agreement between Customer and Auto Care and may not be changed by anyone except for Auto Care. Customer warrants that Customer has read these TERMS in their entirety and by continuing with the transaction fully understands and agrees to them.

f. Customer waives any claims or defenses based in whole or in part on Customer not having read, not knowing, or not understanding these TERMS.