Ship Any Car LLC Agree To The Following:
1. Pick up and delivery is from your door unless residential area restrictions apply. If your vehicle is inoperable or oversize (dual or oversize wheels, extra-large, racks, lifted, limo, etc.), extra charges may be applied. If carrier is not advised of inoperable or oversized vehicles prior to pick-up, all extra charges must be paid in cash or money order, at customer discretion, made payable to delivery company. All vehicles, regardless of running or non-running condition, must never-the-less Roll, Brake and Steer.
2. The carrier and driver 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.
3. Ship Any Car agrees to provide a carrier to transport your vehicle as promptly as possible in accordance with your instructions but cannot guarantee pick-up or delivery on a specified date or time. Performance under this contract shall be excused to the extent such performance is prevented by FORCE MAJEURE. The term "force majeure" shall include acts of God or the elements, acts of a public enemy, acts of terrorism, riots, strikes, labor disputes, fires, explosions, floods, acts or orders of civil or military authorities, or other causes beyond the reasonable control of the party declaring the force majeure events. Such excuse from performance shall continue until the force majeure event ceases to exist. If the customer cancels an order his deposit will be refunded in full. Ship Any Car reserves the right to reject any order and will refund the deposit in full.
4. 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).
5. Luggage and personal property are NOT permitted to be in the vehicle at time of transport in adherence with FMCSA regulations. Carrier is not liable for personal items left in vehicle, nor for damage caused to vehicle from excessive or improper loading of personal items. Ship Any Car, LLC does not agree to pay for additional carrier fee's for property left in the vehicle, your rental of a vehicle, nor shall it be liable for failure of mechanical or operating parts of your vehicle.
6. If the customer cancels an order his deposit will be refunded in full if the vehicle has not been assigned to a carrier. In the event that the customer and/or it's agent initiates a termination of services after the vehicle has been assigned to a carrier for pick up (dispatched), Ship Any Car, LLC reserves the right to charge the customer and/or its agent a fee in the amount of their deposit for partial services rendered. Ship Any Car, LLC reserves the right to reject any order and will refund the deposit in full.
7. Trucking damage claims, although rare, are the responsibility of the assigned carrier who is required by law to carry a minimum of 3/4 of a million dollars public liability. All claims must be noted and signed for at time of delivery, and submitted in writing to the assigned carrier within the terms of that carrier's bill of lading. Ship Any Car, LLC will share the carrier insurance policy information upon request but is not the entity responsible for any damages. The assigned carrier is solely responsible for the condition of your vehicle while it is in his possession.
8. No electronic equipment, valuables, plants, live pets, alcohol, drugs or firearms, may be left in the vehicle. .
9. 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.
10. COD Instructions (Cash On Delivery) All COD payments shall be in the form of cash or certified funds upon delivery of your vehicle.
This supersedes all prior written or oral representation of Ship Any Car, LLC and constitutes the entire agreement between shipper and Ship Any Car, LLC and may not be changed except in writing signed by an officer of Ship Any Car, LLC.
Ship Any Car, LLC's U.S. Department of Transportation Broker's license number is 613045.
SCOPE. If Customer has agreed, either electronically (deposit received) or via a signed agreement with Ship Any Car, LLC to terms and conditions applicable to this vehicle transport service, then those terms and conditions shall apply to this service order. If no such current agreement with Ship Any Car, LLC exists, then the terms and conditions contained herein ("Terms & Conditions of Service") shall apply to all quotations made and contracts of Service entered into between Ship Any Car, LLC and Customer, irrespective of whether Customer accepts these Terms & Conditions of Service by a written acknowledgement, by implication, or by acceptance of goods hereunder.
Any term or condition on any order or other document submitted by Customer shall be of no force or effect whatsoever and Ship Any Car, LLC specifically rejects any different or additional terms and conditions proposed by Customer.
PRICE. Prices shall be as set forth on the applicable Ship Any Car, LLC Price List in effect on the date that Customer's order is accepted by Ship Any Car, LLC. Customer and Ship Any Car, LLC may agree to a different price. Ship Any Car, LLC reserves the right to accept or decline any order at any time. Ship Any Car, LLC may cancel any accepted order prior to shipment. Ship Any Car, LLC will not be liable for any failure to ship an order. Prices include standard freight and insurance using a Ship Any Car, LLC selected carrier. There are no taxes or hidden fees.
DELIVERY. Ship Any Car, LLC will make every effort to place Customer's vehicle on a licensed and insured carrier typically within one to several days of customer's designated first date available to ship. Factors that may cause delays are weather, seasonal shifts of carrier traffic and possibly remote location of either the origination or destination. Customer shall not hold Ship Any Car, LLC responsible for any delay for any reason.
PAYMENT. All orders shall have a prepaid deposit paid by the Customer (shipper). The Balance Owed is always paid to the driver upon delivery or Pick-Up with Certified Funds; Cash, Money Order or Certified Check.
THE REMEDIES SET FORTH IN THESE TERMS AND CONDITIONS OF SERVICE SHALL BE CUSTOMERS SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF THESE TERMS & CONDITIONS OF SERVICE BY SHIP ANY CAR, LLC.
Governing Law. These Terms & Conditions of Service will be governed and interpreted under the laws of New Jersey, U.S.A., without regard to its conflict of laws provisions.
Severability. If a court of competent jurisdiction holds that any provision of these Terms & Conditions of Service is invalid or unenforceable, the remaining provisions of these Terms & Conditions of Service will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of these Terms & Conditions of Service.
Waivers. A party's waiver of any breach by the other party or failure to enforce a remedy will not be considered a waiver of subsequent breaches of the same or of a different kind.
Assignments. Customer shall not assign its order, or any interest therein, or any rights hereunder without the prior written consent of Ship Any Car, LLC.
Entire Agreement. These Terms & Conditions of Service contain all the agreements, warranties, understandings, conditions, covenants, and representations made between Customer and Ship Any Car, LLC. Neither Customer nor Ship Any Car, LLC will be liable for any agreements, warranties, understandings, conditions, covenants, or representations not expressly set forth or referenced in these Terms & Conditions of Service. Customer acknowledges that Ship Any Car, LLC reserves the right to refuse any different or additional provisions in purchase orders, invoices, or similar documents, and such refused provisions will be unenforceable. Customer further acknowledges to have waived their right to privacy if customer chooses to publish in any media an opinion of the company, and that in the interest of fairness the customer's name, town and state may be publicly disclosed.
Modifications. No modification to these Terms & Conditions of Service will be binding unless in writing and signed by an authorized representative of each party.
Able delivered a Chevrolet Impala for Wayne and on 11/23/2012 customer wrote:
Best And Fast Shipping
This should be taken off. We always Charge Deposit up front.