Terms and conditionsShipaa Auto Transport
Shipaa is a completely certified as well as bonded Transport Management Company signed with the USDOT with a broker license number 2239816. The given agreement is being established exclusively between the client and their duly authorized representatives (hereinafter referred to as the “Client”) and Shipaa.
Refund Policy & Cancelation
You will be able to cancel the order at any time, for free and without having to pay a cancellation fee. However, only as long as your order has not been dispatched yet to the transporter. Our services are deemed as already rendered once a transporter is assigned to the order.
We will process refunds within 48 business hours after you file your request to cancel.
You will need to submit the cancellation of an order using an email and send it to email@example.com. Shipaa will be unable to process cancellations that were requested or submitted via phone call.
When a transporter will be dispatched to carry out your order, Shipaa will notify the Client through an email message.
In case the client will decide to cancel the submitted order when a transporter was already dispatched, a cancellation fee will be applied, since the services were already rendered. The $99 cancellation fee will not be including any other cancellation fees that were imposed by the oceanic carrier. However, all the money that are going to be left on the balance, will be fully refunded.
Liability Disclaimer and Contract Terms
The transporter will pick your car up and will deliver it as close as it is possible to your house. However, in case there are low hanging wires, low trees hanging or narrow streets as well as residential area limitations, you will need to agree upon place to load as well as unload the car or the cars.
Shipaa will provide the Client with an approximate time of pickup as well as date of delivery. Nevertheless, certain delays may take place before or even during the transportation process because of the factors like road conditions, mechanical issues as well as weather, etc. Hence, it is impossible to provide the client with any kind of guarantees regarding pickup as well as delivery dates and time.
Shipaa will not be responsible for damages or losses that are caused by delays, car rental services as well as fees for any sorts of accommodations. Furthermore, Shipaa will not be responsible for failures of any mechanical or operating parts of Client’s car.
Client is responsible for making sure that the car is ready for transportation. Any kind of loose parts as well as all kinds of fragile items, spoilers and such will need to be secured or safely removed beforehand. Any of the non-permanent as well as outside mounted luggage will need to be removed safely as well. The cars will need to be provided to the transporter in the proper running condition (unless you specified otherwise) with no less than a quarter tank of fuel. Any part of the car that will fall throughout transportation and causes damages falls under the client’s responsibility as well.
Client needs to make sure that any alarm system installed in the car is fully disarmed or offer detailed guidelines on how to handle it. In case the alarm system will sound on and there are no guidelines or keys to disable it, the transporter will have the right to silence the system by any means necessary.
Baggage as well as any kind of personal belongings will need to be placed in a single suitcase or a single bag and put only in the trunk, without any kind of heavy possessions – the overall weight must never surpass 150 lbs. The transporter as well as Shipaa are not going to be held responsible for any personal possessions that are left inside the car or for any type of damage to the car that is caused by excessive or incorrect loading of personal belongings. Furthermore, in line with all the legal requirements, no personal belongings will be carried in client’s car or cars that may include, 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. Client does agree that the transporter is not liable for delivering personal belongings. In case the client wants to place items in the car, he is going to do so at his own risk.
International and Ocean Transport Orders: the vehicle needs to be fully emptied, with the exception of factory installed equipment inside it. You will need to indicate the VIN number and also the approximate value of the vehicle in U.S. dollars. Client is responsible for all the necessary paperwork related to customs. Inquire the assigned transporter to aid with these papers. Any order that is placed on the website that does have a delivery or pickup destination, including a port, will be subject to an additional fee of $50. Keep in mind that the booked price on our web site will not be including the named additional fee.
In case the car is inoperable or its size does not allow it, Client will need to ask about the additional fees. In the event Shipaa is not told of the inoperable or oversized cats before the pickup, all of the additional charges will need to be paid in money order or cash to the transporter at the time of delivery.
Client does agree that Shipaa has every right to cancel or reject any order for any sort of reason as well as at any given time.
During the pickup, both client and transporter are going to inspect the exterior of the vehicle in a thorough and comprehensive manner so as to establish any pre-existing damages. They will also complete a vehicle inspection report on the Bill of Lading. Transporter and client are going to acknowledge the existing condition of the car and Client will sign and receive a copy of Bill of Lading.
During the delivery, Client will carefully go through the exterior of the car in front of the transporter for any possible damage that may have took place throughout transit. Client and carrier are going to acknowledge the condition of the car and client will receive and sign the final copy of the Bill of Lading.
Any kind of damage will need to be noted in proper place on the Bill of Lading as well as signed by Client, no matter the existing conditions, time of day as well as day of week. Should the client sign Bill of Lading as well as inspection report without noting the damage done to the vehicle will imply that the client receive it in satisfactory condition, so Shipaa as well as its agents are no longer responsible for it. Transporter damage claims may be covered by a minimum of $750,000 public liability and property damage. Any and all claims will need to be submitted in writing within 24 hours of delivery. Shipaa is therefore going to share the insurance policies of the carrier upon request. Client agrees that Shipaa is not responsible for any property damages and damage claims and that the claims are against the transporter himself.
Client agrees and realizes that Shipaa is a licensed transportation as well as property broker and is functioning only in the named capacity. Shipaa is going to act and agent for the client in arranging for the shipping, yet, Shipaa will not provide transportation or assume transporter as well as insurance obligations.
Client does allow Shipaa to work with other certified as well as insured carriers in order to transport the cars that are described in the shipping order. Shipaa and carrier both reserve their right to be using several transportation modes that may include, but are not limited to truck, rail as well as ship.
Any and all ocean shipments are going to be subject to the conditions as well as terms of the Oceanic Transporter. This transporter will assume limited liability for any damages and client is therefore recommended to ask the carrier regarding buying any sort of additional insurance before the shipping.
Client also agrees and realizes that Shipaa’s only responsibility in the given transaction between the client and Shipaa is to determine a transporter of the client’s possessions. Client realizes that Shipaa will not take possession of, transport, or deliver the belongings of the clients.
Client agrees and realizes that all of the claims for any kind of damages to the belonging that may occur throughout taking possession of, transporting as well as delivering of Client’s belongings does fall under the Carmack Amendment, if the transport is interstate.
According to the in Section 10761 of the Interstate Commerce Act (49 USC 10761) the payment of freight charges cannot be postponed because of any alleged losses or damages. This payment needs to be paid completely and the portion that may be applied to the damaged or lose item needs to be include in the freight claim.
The given information is vital to keep in mind:
Payment of freight charges and claims are two different types of transactions. ICC regulations do not allow to withhold the payment of freight bills because of the pending claims.(Administrative Ruling No. 128)
Without paying freight charges, it is considered that payment for shipping was not made. A valid claim will not be paid up until freight charges are completed.
Transporter will accept responsibility of car after pre-inspection is performed and Bill of Lading is signed by the client. Transporter’s responsibility will end once the car is delivered and client signs final Bill of Lading inspection papers.
Shipaa as well as transporter will not be responsible for damages caused by any acts of God, weather conditions as well as damage that may result from broken elements of the car or personal belongings inside.
Client will, in his absence, appoint a person to act as their agent during pickup as well as delivery if for any reason they are not available. Client understands as well as accepts that all of the terms as well as conditions are going to apply when appointing such an agent as well.
Client gives guarantees that they will pay the entire shipping cost to Shipaa as well as the transporter fully and will not be trying to offset any type of dispute for damage claims as well as delays from transport fees. It is the responsibility of the client to deliver payment once the transporter will arrive – that is, unless the balance was already pre-paid fully. Any kind of payments to transporter on orders booked as “Discounted Cash Price” will need to be carried out in the form of cash, money order or cashier’s check, without any kind of exceptions. The money will need to be made available to the transporter and not Shipaa. Debit or credit cards as well as personal checks for orders booked as “Discounted Cash Price” cannot be accepted for the remaining balance, without any kind of exceptions. Client agrees that in case payment cannot be delivered by the above-mentioned methods, the car will be stored, at the expense of the client, until the client will pay for all shipping charges in full. In the even the client will not be able to accept delivery for any type of reason, the car will be placed in storage as well. All of the re-delivery as well as storage expenses are covered by the client.
The given Agreement will be construed in line with the laws of the State of South Carolina. Hence, the parties are agreeing upon the fact that all proceedings or actions, which arise in connection to the given agreement will be litigated and tried only in the State or Federal courts that are located in Ladson, SC, in the state of Illinois. The given choice of location is mandatory and not permissive, meant to preclude the option of litigation between all parties in line with the given Agreement in any jurisdiction that is different from the one that is specified in the given section. Every party waives any kind of right in line with any and all types of proceedings brought in line with the given section. Hence, in line with the given provision, the parties are agreeing to submit to the personal jurisdiction of the above-mentioned court.
Client will protect, strengthen as well as hold harmless Shipaa from any and all types of real or alleged demands, claims as well as liability, loss, causes of action, damage as well as injury – to both belongings or people, including without limitation wrongful death, whether it was brought on by a person or other kind of entity, imposed by a court of law or by administrative action of any federal state or local agency that may arise from an incident to any omissions, negligence, acts or misconduct of Shipaa or the transporter’s actions. Hence, such an indemnification will include, with no limitations, the payment of all the fines, penalties, awards, judgments, fees for the attorney services as well as all related costs or expenses, including any kind of reimbursement to Shipaa for any and all legal costs and expenses that may have been incurred by it.
No one party will be able assign, whether directly or indirectly, all or partially its rights or obligations under this agreement without the preliminary consent of another party, which will not be unreasonably delayed or withheld.
Unenforceability or invalidity of one or more of the provisions within the given Agreement will not have an impact on any other provisions of the given Agreement.
The given agreement as well as any transportation subsequently is going to be subject to all the conditions and terms of transporter’s tariff and the uniform straight Bill of Lading, copies of which are going to be made available at the office of transporter. This does supersede all of the prior written or oral representation of Shipaa and does constitute the whole agreement between client and Shipaa and cannot be altered with the exception of the writing permission of an officer of Shipaa. Client guarantees that he, she or it read the given agreement entirely and, by proceeding with the transaction, completely realizes and agrees to the terms it is giving. In addition, Client waives any kind of claims or defenses that may have been based entirely or partially on not reading, knowing or realizing the conditions and terms and agrees to indemnify and hold harmless Shipaa for any costs or fees, including attorney’s costs or fees that may arise because of any claims or defenses that may have been asserted because of not reading, having knowledge of or realizing the given conditions and terms.
Shipaa’s U.S. Department of Transportation Broker’s license number is 2239816.