Definitions
2. Best Car Shipping Inc.
Refers to Best Car Shipping Inc., including all employees, directors, managers, agents, officers, and staff.
3. Carrier
Refers to contracted third-party trucking companies and individuals who own or operate a truck for transporting the customer’s vehicle, properly registered with the U.S. DOT and carrying required insurance.
4. Additional Services
Upgrades and additional services ordered by the customer, such as top-loading, guaranteed pickup date, covered transport, and additional personal belongings.
5. C.O.D.
Collect on delivery or payment on delivery to the carrier.
6. Customer’s Agent
An intermediary over the age of 18 designated by the customer to act on their behalf.
7. Point of Origin
The shipment pickup location designated by the customer or as later modified by mutual agreement between Best Car Shipping Inc. and the customer.
8. Shipment
The customer’s property, an automobile or motorized vehicle, arranged for transportation according to the terms.
9. Open Transport
Refers to trucks with open trailers, susceptible to potential damages. Categorized into single-level and double-level trailers.
10. Enclosed Transport
Refers to trucks used for high-end vehicles requiring extra protection during transport. More expensive but ensures full protection from the external environment.
11. First Available Date (FAD)
The first day a vehicle is available for pickup by an auto transport carrier.
12. Pickup Window
The time period in workdays that a carrier has available to pick up a vehicle after the FAD.
13. Business Days
Monday to Friday, excluding weekends and national holidays.
14. Order
A commitment from the customer to Best Car Shipping Inc. to coordinate the shipment of their vehicle according to the agreement.
15. Bill of Lading
A document signed by both customer and carrier at the time of pickup and delivery, detailing the condition of the vehicle.
16. Personal Goods/Items
Any additional items placed in or attached to the customer’s vehicle, excluding necessary items for regular use.
17. Customized or Oversized Vehicle
Vehicles longer than 16 feet, with alterations that substantially change their size, look, or shape compared to a normal/stock vehicle.
18. Inoperable Vehicle
Vehicles requiring repair to make them operable or needing extra effort for loading and unloading.
19. Customer
Anyone using Best Car Shipping Inc., including customer agents and assignees authorized to act on behalf of the customer.
20. Services
21. Shipment Categories
22. Economy Saver Rate (ESR)
A savings shipping option where Best Car Shipping Inc. makes every effort to find a carrier within seven full work days after the Vehicle Availability Date (VAD). Chances of acceptance by carriers may vary, and timelines are not absolute. If Best Car Shipping Inc. is unable to secure a carrier within the estimated time, and the customer is unwilling to increase the price, Best Car Shipping Inc. reserves the right to cancel the order.
23. Guaranteed First Class Rate (FCR)
A guaranteed rate with a set day or next day pickup window agreed between the customer and Best Car Shipping Inc. If the vehicle is not picked up within the specified timeframe, Best Car Shipping Inc. may incrementally increase the carrier payment, but such increase will not affect the quoted price to the customer.
24. Shipment Pickup and Delivery Routes
Customers understand that carriers, in good faith and sound judgment, will transport vehicles from the point of origin to the destination by a suitable route. Specific routing and methods are at the discretion of the carrier.
25. Responsibilities of Best Car Shipping Inc., Customer, and Carrier
26. Customer’s Responsibility
1. **Accuracy of Information: ** The customer is responsible for ensuring the accuracy of all details, including the description of the shipment, point of origin, destination, fees, and special instructions. Any changes may result in additional fees or cancellation.
2. **Shipment Size and Condition: ** Informing Best Car Shipping Inc. about the shipment’s size and condition before dispatching. Inoperable or modified shipments may incur additional fees.
3. **Preparing Shipment: ** Customer is responsible for preparing the shipment, securing or removing loose parts, and ensuring it is in operable condition.
4. **Personal Property: ** Customer may leave one suitcase or bag with personal property (up to 100 lbs.) confined to the trunk. The carrier has the right to reject unsafe or illegal personal property.
5. **International Shipments: ** For overseas shipments, vehicles must be empty except for factory-installed equipment. Prohibited items include explosives, weapons, flammable products, live pets, illegal goods, etc.
Customer Warranties
Customer warrants compliance with all applicable laws, rules, and regulations. Any agent or entity acting on behalf of the customer must have the right to legally bind the customer.
Pickup and Delivery of Shipment
1. **Change of Origin/Destination: ** Changes may be necessary due to various factors. If the carrier can’t access the origin or destination, an alternate location may be agreed upon.
2. **Customer Presence: ** Customer or their agent must be present at the pickup and delivery. Inspection of the shipment at both points is crucial, noting any pre-existing damage and signing the bill of lading.
3. **Delayed Delivery: ** Best Car Shipping Inc. will make reasonable efforts to schedule timely pickups and deliveries. If a carrier fails to deliver within 15 days from the promised delivery date without valid reasons, the vehicle may be subjected to insurance claims.
Carrier Responsibilities
1. **Pickup and Delivery: ** Carrier will pick up and deliver the shipment as close to the customer’s door as legally and safely possible.
2. **Carrier Form and Bill of Lading: ** Carrier may issue these documents
at the points of origin and/or destination. Customers should carefully read and contact the carrier directly for any disputes or questions.
3. **Insurance Coverage: ** Trucking damage claims are covered by carrier insurance. All claims must be noted at the time of delivery and submitted in writing within 15 days.
Fees and Payment
1. **Service Fee: ** Due when the shipment is scheduled. The remaining balance is due on delivery in cash as per the order confirmation and terms.
2. **Payment to Carrier: ** COD payments must be made in cash or certified funds on or before delivery. Personal checks, debit, or credit cards are not accepted.
3. **Storage Fees: ** If the shipment is placed in storage due to customer refusal to pay fees or accept delivery, the customer is responsible for storage and redelivery charges.
4. **Customer’s Information: ** Customer’s credit card information is stored securely, and charges are made only upon successful bid or contract formation.
5. **Chargebacks: ** Customer agrees not to seek chargebacks for disputes. Chargeback attempts may result in legal action, and customer information may be shared with collection agencies and law enforcement.
Cancellation and Refund Policy
1. **Order Cancellation: ** No cost if the order is not yet accepted by a carrier. If canceled after carrier acceptance, a minimum cancellation fee of $195 applies. Additional fees may be incurred.
2. **Substitute Carrier Attempts: ** Best Car Shipping Inc. may try up to 3 times to find a substitute carrier before the customer can cancel and get a full refund.
Indemnification
Customer agrees to indemnify and hold Best Car Shipping Inc. and its employees, officers, and directors harmless from any losses, liabilities, damages, expenses, and claims arising from the acts or omissions of the customer.
Limitation of Liability
1. **Total Cumulative Liability: ** Best Car Shipping Inc. total cumulative liability for any claims and damages shall not exceed the total fees paid by the customer for Best Car Shipping Inc. services.
2. **Warranty Disclaimer: ** Best Car Shipping Inc. makes no warranties for its services and disclaims all warranties or representations, expressed or implied.
3. **Limitation of Damages: ** Best Car Shipping Inc. will not be liable for any direct, indirect, incidental, consequential, special, exemplary, or other damages arising out of or relating to a shipment or these terms.
Arbitration
In case of a dispute, mandatory arbitration administered by the American Arbitration Association (AAA) will be pursued.
Miscellaneous
1. Best Car Shipping Inc. operates as an independent contractor.
2. Assignment of rights requires Best Car Shipping Inc.’s prior written consent.
3. The invalidity or unenforceability of any provision does not affect the validity of others.
4. These terms supersede all prior representations and constitute the entire agreement between the customer and Best Car Shipping Inc.
5. Customer waives claims based on not reading, knowing, or understanding these terms.
Contact Information
For any questions regarding this agreement, contact:
** Best Car Shipping Inc.**
312 West 2nd Street, Unit A3006 Casper, Wyoming, 82601.
Phone: (307) 776-9266
Email: info@bestcarshippinginc.com
Website: www.bestcarshippinginc.com