Parties. “Company” means Carvaygo, LLC, a Michigan limited liability company. “Customer” means the entity or person purchasing Services (defined below) from Company.
Application. These Terms and Conditions of Service (these “Terms”) define the relationship of Customer and Company and will apply to all purchases by Customer of vehicle transportation services (collectively, “Services”). Customer acknowledges and agrees that these Terms are incorporated in, and are a part of,
each quotation, Order (defined below), invoice, bill of lading, shipping instruction, specification and any other document, whether expressed verbally, in written form or electronic commerce, relating to the Services to be provided by Company (such documents are collectively referred to as the “Agreement”).
Upon Customer’s request, Company will identify and contract with a transport car carrier (“Carrier”) to transport Customer’s Vehicle (defined below) in accordance with Customer’s Order. The Services are considered rendered when Company has designated a Carrier to transport Customer’s Vehicle. In providing the Services, Customer understands and
agrees that Company (i) operates only as a transportation broker, (ii) is not a motor carrier or transporter, and (iii) does not hold itself out as providing the transportation of property. Company will never take custody or possession of, transport or handle Customer’s Vehicle, or otherwise assume any liability for the shipment thereof.
Company shall provide Customer with an estimated pickup and estimated delivery date, however, delays may occur prior to or during transport due to weather or road conditions, government regulations, mechanical problems and other causes that are beyond Company’s control. Company cannot and does not guarantee pickup or delivery dates or times.
Customer understands and agrees that Company is not responsible or liable for any losses or expenses caused by delays of any kind or for any reason.
Quotation Expiration. Quotations for Services are valid for a period of seven (7) days unless otherwise noted by Company. Company will have the right to withdraw any quote which has not been accepted by Customer within such seven (7) day period.
Pricing; Taxes. Prices for Services and other related information shown in any Company publication including, but not limited to, marketing materials and websites are subject to change without notice. Prices quoted include all applicable insurance, taxes and fees of any kind which may be levied or imposed in connection with the sale and
performance of the Services.
Terms of Payment. Unless otherwise specifically agreed in writing by Company, all amounts shall be due and payable to Company, without setoff or other deductions or charges, at the time of placing an Order. Payments shall be made to Company via debit or credit card. If Customer’s form of payment is rejected, Company will contact Customer for an
alternative form of payment and reserves the right to withhold any Services until payment is made. Failure to timely provide an alternate form of payment may result in delay in designating a Carrier to transport Customer’s Vehicle, amendment of the pickup date, or cancellation of the Order.
If Company receives a chargeback for any payment made by
Customer (whether due to a dispute of thecharge or for any other reason), Customer shall pay to Company the outstanding amount owed plus reimbursement for all reasonable costs incurred in respect of such chargeback, including, without limitation, attorneys’ fees and other legal costs.
Orders. To place an order (“Order”), Customer shall provide Company with accurate information identifying the vehicle, including but not limited to year, make, model and VIN, that will be transported using the Services (each, a “Vehicle”), the condition and operability of the Vehicle, addresses for pickup and
delivery, first available date for pickup, the names and contact information for responsible individuals who will be present at pickup and delivery, the type of transport Customer prefers (e.g., open or enclosed trailer) and a credit/debit card number for payment. Following submission of such information, Company shall provide an email response
(“Verification Email”) containing Customer’s Order information and the applicable fee for Services. Upon Customer’s receipt of a Verification Email, Customer shall review and confirm the information provided and shall confirm the Order by submitting payment for the Services as directed in the Verification Email. By submitting an Order,
Customerrepresents and warrants that (i) all information provided by Customer is complete and accurate, and (ii) that Customer is the registered legal owner of the Vehicle, or is duly authorized by the legal owner of the Vehicle to agree to these Terms and acquire Services to transport the Vehicle in accordance with the Order.
Order Changes and Cancellation. Customer may request to change or cancel its Order up to forty-eight (48) hours prior to the Vehicle being picked up by the designated Carrier. In the event of any cancellation, Company reserves the right to charge Customer with a dispatch fee of Fifty Dollars ($50.00) per cancelled Vehicle, which will be debited
from any refund due to Customer. All other requests to change or cancel an Order within such forty-eight (48) hour window shall be subject to additional fees as determined by Company. All Order change and cancellation requests must be submitted in writing to firstname.lastname@example.org.
Customer Responsibilities. Customer shall take the following steps prior to the designated pickup time to prepare its Vehicle for transport:
Ensure that one or more keys to the Vehicle are available to provide to Carrier;
Remove and secure all loose parts, fragile accessories and low hanging spoilers, etc.;
Remove all non-permanent, outside mounted luggage and other racks;
Remove or deactivate any toll pass transponders or other sensors that may get charged to Customer’s account (e.g., EZ-Pass);
Ensure that the Vehicle is in good working condition (unless previously noted on the Order) and filled with no less than a quarter tank of fuel;
Disarm any alarm system or provide Carrier with keys and instructions for arming/disarming any such alarm system; and
Remove all sensitive materials and any dangerous or illegal items inside the Vehicle (including, but not limited to, explosives, guns, ammunition, fireworks, flammable materials, alcohol, legal or illegal medication or drugs, money, legal or financial documents, pets, plants, sensitive and fragile materials or unlawful contraband).
Subject to compliance with Section 9(g) above, Customer may store personal belongings in the Vehicle so long as such belonging do not exceed an aggregate total of one hundred (100) pounds and are stored in the trunk. Personal belongings totaling more than one hundred (100) pounds must be disclosed in advance of pickup and are subject to additional fees
at Carrier’s and or Company’s discretion. Carrier and or Company has the right to reject any personal property in the Vehicle if, in Carrier’s and or Company’s discretion, transporting such personal property is unsafe, violates the law or would be challenging to transport. All items left in the Vehicle shall be at Customer’sown risk and neither Company
nor Carrier will bear any responsibility for such items, financially or otherwise. Company has right to cancel shipment if Customer and Carrier and/or Company cannot agree on transportation of personal items.
Customer’s failure to take any of the above steps will result in Customer being liable for damages caused to the Vehicle, the transport vehicle or any other property. Neither Company nor Carrier will be liable for any damages or loss caused to the Vehicle or any other property that is caused in whole or in part by Customer’s failure to comply with these
Designation of Carrier. Customer will be notified when a Carrier has been designated to transport Customer’s Vehicle. Such notification will include information about the Carrier as well as estimated pickup and delivery dates.
Transportation of Vehicle.
By submitting an Order, Customer authorizes the designated Carrier to operate and transport the Vehicle between the pickup and delivery location and to take such steps as the Carrier deems necessary to complete such transportation, including driving the Vehicle to the extent necessary. Company or Carrier will make a reasonable attempt to contact
Customer prior to pickup and delivery to inform Customer of the approximate time and location of such pickup and delivery. Carrier will attempt to make the actual pickup and delivery location as close to the address requested as possible, taking various factors into account, including, without limitation, transportation restriction laws and safety.
These factors may require Customer and Carrier to designate an alternative pickup/delivery location other than as originally requested by Customer. If Customer is unable to be at the designated pickup/delivery location at the designated time, Customer must designate with Carrier another individual (who must be at least 18 years old) to act as
Customer’s agent for purposes of the pickup/delivery. Customer is solely responsible for the acts and omissions of any such designee. Customer and the Vehicle must be present at the pickup location at the designated time or Customer risks cancellation of the Order. If Customer is not at the delivery location at the designated time, the Vehicle may be
stored or the delivery delayed, each at Customer’s sole risk and expense.
At the time of pickup of the Vehicle, but prior to Carrier taking possession of the Vehicle, Customer 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. Customer and Carrier shall acknowledge the existing condition
of the Vehicle by signing such Bill of Lading. CUSTOMER IS RESPONSIBLE FOR OBTAINING AND RETAINING A COPY OF THE ORIGINAL BILL OF LADING FOR ITS RECORDS. If the Vehicle is found inoperable or not as described in the Order (e.g. oversized), contains any additional aftermarket items inside or outside the Vehicle, contains personal property exceeding
the one hundred (100) pound limit or unable to be stored in the trunk or secured under the window line of the Vehicle, Customer may be subject to additional charges by Carrier which will be payable upon delivery of the Order.
At the time of delivery of the Vehicle, Customer 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. Customer 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. Customer and Carrier shall acknowledge the condition of the Vehicle by signing such Bill of Lading. CUSTOMER ISRESPONSIBLE FOR OBTAINING AND RETAINING A COPY OF THE ORIGINAL BILL OF LADING FOR ITS RECORDS. BY SIGNING THE BILL OF LADING WITHOUT NOTATION OF DAMAGE,
CUSTOMERACKNOWLEDGES THAT CUSTOMER RECEIVED THE VEHICLE IN SATISFACTORY CONDITION AND WITHOUT DAMAGE AND THEREBY RELEASES COMPANY AND CARRIER OF ANY CLAIMS OR RESPONSIBILITY FOR ANY DAMAGE TO THE VEHICLE.
Carrier’s responsibility for the Vehicle commences only when the Bill of Lading is signed by Customer and Carrier at pickup and terminates no later than when Customer signs the Bill of Lading at delivery or otherwise takes possession of the Vehicle.
Loss, Damage or Delay Claims. Company is a property transportation broker and, therefore, is not and will not be liable for any cargo loss or damage claims for any reason. If Customer has a claim for loss or damage to a Vehicle, then Customer understands and agrees that the party liable for all such claims is the Carrier and not Company, and it is
Customer’s responsibility to file any claim directly with the Company. If Customer decides to file a claim against the Company, Customer must promptly report such claim to Company, but in no event later than twenty-four (24) hours of the delivery, so Company may may begin adjudicating the claim with the Carrier in a commercially reasonable manner.
Customer is hereby informed and understands that claims against motor Carriers are governed by federal law and the Carmack Amendment to the ICC Termination Act of 1995, 49 U.S.C. §14706. Customer understands and agrees that Company and Carrier are not liable for any cargo loss or damage caused by any acts or omissions that are out of Company’s or
Carrier’s control including, but not limited to, damage caused by weather conditions including hail, storm or other acts of God, riots, strikes, political unrest, acts of terrorism, loose, worn or broken parts of a Vehicle or personal items left inside the Vehicle.
Disclaimer of Warranties. CUSTOMER’S USE OF THE SERVICES SHALL BE AT CUSTOMER’S SOLE RISK. CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY HAS NO LIABILITY FOR ANY ACT, OMISSION OR DECISION MADE BY COMPANY OR ANY OTHER THIRD PARTY, INCLUDING ANY CARRIER. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND COMPANY MAKES NO
WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NON-INFRINGEMENT OR AVAILABILITY. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE OR WILL MEET CUSTOMER’S 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 CUSTOMER. IN SUCH EVENT, COMPANY’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
APPLICABLE LAW IN SUCH JURISDICTION.
Indemnification. Customer agrees to indemnify, defend and hold Company and its employees, officers, directors, managers, members and successors and assigns harmless from and against any and all losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses, (including attorneys’ fees), and costs, suits, actions and
claims (whether actual, potential, threatened or pending), brought by any person or entity, including damages for injury or death of persons and/or damage to property, including real property and/or the environment, claim liability and damages, arising from the acts or omissions of Customer, its agents, employees or representatives.
Damages; Limitation of Liability.
All claims for damage caused by the transport of Customer’s Vehicle must be submitted in writing to the Company within twenty-four (24) hours of delivery. Failure to submit such a claim may result in denial of Customer’s claim. Carriers are required by law to maintain certain levels of insurance covering liability. While Company undertakes no
obligation to ensure that Carrier maintains in force insurance coverage as required by law, if Company does request verification of coverage from Carrier, Company is entitled to rely on documents provided by or obtained from Carrier, the Department of Transportation, Carrier’s insurer or any other party.
THE REMEDIES OF CUSTOMER SET FORTH IN THE AGREEMENT ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL COMPANY’S LIABILITY TO CUSTOMER EXCEED THE PRICE PAID BY CUSTOMER FOR THE SPECIFIC SERVICES PROVIDED BY COMPANY
GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. FURTHER, UNDER NO CIRCUMSTAMCES SHALL COMPANY BE RESPONSIBLE OR LIABLE TO CUSTOMER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF CONTRACTS, LOSS OF PROFITS, OR LOSS OF PRODUCTION, WHETHER SUCH LIABILITY IS BASED OR CLAIMED TO BE BASED
UPON ANY NEGLIGENCE OR ANY OTHER ACT OR OMISSION ON THE PART OF COMPANY IN CONNECTION WITH THE PERFORMANCE OF THE AGREEMENT.
Force Majeure. If either of Company or Carrier is prevented from or delayed in performing any of their obligations under the Agreement or otherwise by reason of statutes, regulations or orders of a governmental entity (including actions taken by a court or by law enforcement officials), or because of war, terrorism, acts of God, labor
disturbances, civil unrest, or any cause beyond the reasonable control of Company or Carrier, neither Company nor Carrier shall be liable to Customer for damages by reason of any delay or suspension of performance resulting therefrom. Company shall furnish Customer with written notice of same no more than two (2) business days after the onset of the
conditions delaying or preventing performance.
Changes. Company reserves the right from time to time to correct any typographical or clerical errors, including errors in mathematical computation, which may exist on the Agreement. Customer may request changes or additions to the Services. In the event such changes or additions are accepted by Company, Company may revise the price and
Entire Agreement; Modification. Neither party has rights, warranties or conditions expressed or implied, statutory or otherwise, other than those contained in the Agreement. The Agreement contains the entire agreement between Company and Customer and can be modified or rescinded only by a writing signed by both parties.
Waiver. No waiver of any provision of the Agreement will be binding unless in writing signed by an authorized representative of the party against whom the waiver is asserted, and unless expressly made generally applicable, will apply only to the specific case for which the waiver is given. Failure of either party to insist upon strict performance
of the Agreement will not be construed as a waiver of any term or condition of the Agreement.
Assignment. Customer shall not assign its rights under the Agreement or any interest therein without the prior written consent of Company, and any such assignment without such consent shall be void.
Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in the Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to
contract for or bind the other party in any manner whatsoever.
Time Limitation. ANY CLAIM OR DISPUTE, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AGAINST COMPANY MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM OR DISPUTE OR BE FOREVER BARRED, EXCEPT FOR APPLICABLE STATUTES REQUIRING A SHORTER PERIOD, IN WHICH CASE THE SHORTER LIMITATION PERIOD
Severability. If any term or provision of these Terms is found to be invalid, illegal or unenforceable in any jurisdiction, such term or provision will be ineffective only to the extent of such invalidity, illegality, or unenforceability, and such term or provision shall not affect any other term or provision of these Terms or invalidate or render
unenforceable such term or provision in any other jurisdiction. To the fullest extent permitted and possible, the invalid, illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid, illegal or unenforceable term or provision.
Survival. The provisions of these Terms which by their nature are intended to survive the termination, cancellation, completion or expiration of the Agreement between the parties, including any warranties, indemnities and expressed limitations of or releases from liability, shall continue as valid and enforceable obligations of the parties
notwithstanding any such termination, cancellation, completion or expiration.
Arbitration. In the event of any dispute, claim or controversy arising out of or relating to the Agreement, the Services or any other Customer engagement with Company (“Dispute”) including Disputes that accrued before Customer accepted these Terms, then Customer agrees to resolve all such Disputes through mandatory arbitration.
The arbitration will take place in Oakland County, Michigan and will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.
Governing Law. The Agreement will be governed by and construed in accordance with the laws of the State of Michigan, without regard to any conflict of laws or choice of law provisions.