Automoves Terms of Service (Updated October 15th, 2014)
Carrier/Shipper Agrees as Follows:
- AUTOMOVES does not guarantee pickup and delivery dates or in-transit times. All dates and assertions made by AUTOMOVES are best estimates made at the time the assertion was made. AUTOMOVES will not honor any auto rental accrual by the Owner/Shipper under any circumstances.
- All vehicles must have a working foot break and e-break and be in good working order. Any non- operational vehicle(s) that were not previously disclosed at the time of booking will be charged a minimum of an additional $500.00 Canadian. If a vehicle becomes non-operational during shipment, these fees, plus any additional fees required to accomplish delivery will be added to the Shippers account and must be paid prior to delivery.
- All oversized vehicles must be declared at the time of booking. The Owner/Shipper must declare any after-market features that are on the vehicle. Failure to do so may incur additional charges or fees.
- AUTOMOVES reserves the right to cancel or refuse to do business with Shipper at any time prior to dispatching a driver for pickup. Any payments made by Shipper will be reimbursed and the following charges shall be assessed: A cancellation fee of $300.00 Canadian will be charged in the event the Shipper wishes to cancel the order, subsequent to AUTOMOVES dispatching a Driver to take possession of the vehicle. Such charge will be in additional to any and all expenses incurred by AUTOMOVES for such service.
- All fees must be paid prior to pickup of vehicle unless otherwise authorized by AUTOMOVES in writing.
- No personal property may be left in the vehicle without written authorization from AUTOMOVES prior to booking. All personal items that are left in the vehicle are shipped under the owner’s risk as AUTOMOVES does not assume any liability for the damage of loss thereto.
- AUTOMOVES and any involved party, may reserve the right to refuse shipping of any vehicle, at any time that contains restricted items listed in (8) and/or vehicles that contain personal items which weigh in excess of 200lbs. Any costs incurred due to refusal to transport are at the expense of the Shipper.
- The following items are strictly prohibited from being in the vehicle at the time of shipping; Guns, ammunition, flammable products, explosives, narcotics, alcohol, jewelry, precious metals, furs, money, pets, plants and contraband. Shipper agrees that the Carrier may confiscate and/or dispose of said items with no remuneration and the appropriate Government authorities will be contacted.
- By Owner’s/Shipper’s signature or Owner’s/Shipper’s agent’s signature on this Shipping Order- Freight Bill and any additional freight bill’s, the persons listed at the point of origin and point of destination are appointed agents for the purposes of releasing vehicle, approving charges, accepting delivery, and releasing AUTOMOVES and Driver from any and all claims upon acceptance of delivery.
- Any claim or controversy arising from or relating to this Agreement or the performance of breach thereof shall be subject to the jurisdiction of Toronto, Ontario. The Owner/Shipper specifically waives any right to jurisdiction of this matter at any location other than Toronto, Ontario, Canada.
- By Owner’s signature or Owner’s Agent’s signatures, Carrier and driver or agents, jointly and separately, are authorized to operate and transport the vehicle(s) from point of origin specified to point of departure for service, and to the final specified destination. Carrier is authorized to drive said vehicle for pickup/delivery purposes and insurance for same will be provided for by owner.
- Any claim for damages arising out of the use of a truck to deliver Owner’s/Shipper’s vehicle must be taken up directly with the transport carrier. AUTOMOVES will provide the name and phone number of transport carrier used for transport, and will assist Owner/Shipper in providing any other necessary information, should a claim arise.
- Insurance only covers driver’s negligence. Your vehicle is insured under the transport carriers insurance (subject to a $500 deductible against any claim made) with the following exceptions:
- Normal wear and tear items such as dings, chips and minor scratches.
- Damage to Windshields or any other auto glass.
- Non-Running or vehicles without a complete braking system or both are not insured. Owner to provide primary insurance.
- Damage to antennas that do not retract to within three inches of vehicle body.
- Damage caused by leaking fluids, battery acids, cooling system anti-freeze, industrial fallout or fallout resulting from acts of God.
- The vehicles interior, stereo, entertainment systems, navigation system.
- Shipper/Owner is responsible for preparing vehicle for shipment. All loose parts, fragile or protruding accessories, low hanging spoilers, antennas, etc. must be removed and/or properly secured. Any part of vehicle that falls off in transit is shipper’s responsibility, including damages to any and all vehicle involved caused by said part.
- Damage caused by freezing of cooling system and/or batteries. Protection from freezing will be furnished by and at the expense of the shipper.
- Vehicle body-kits that crack or come apart during transportation.
- Spare keys, service books not signed for and noted by the driver on the Bill of Lading upon pick-up.
- Damage or loss of license plates and accessories.
- Mechanical functions, undercarriage, exhaust assembly, mufflers, battery function, alignment, frame, suspension or tuning of engine, damage to the wheels, tires and rims (including loss thereof).
- Not responsible for any damage under six-inch road clearance. Vehicles with large mirrors must have them removed before shipment. Side Mirrors, Glass or Windshields are not insured under our insurance as train vibration can cause them to crack or break. Not be liable for roof racks and off road floodlights.
- Insurance is not liable for damages to any individual vehicle(s) which exceeds the lesser of actual vehicle repairs or the depreciated average wholesale value of the vehicle(s) based on the “Canadian Black Book” value of the vehicle(s) at time and place of shipping. Insurance does not cover rental vehicles while being repaired or delayed. All claims have a $500 deductible. Vehicles 7 years old or older, to be insured by the Customer’s Insurance for the entire duration of the shipment .
- Force Majure: A party to this contract shall be excused from its contractual obligations if it is prevented or delayed in such performance by any events which are unavoidable or beyond its reasonable control including but not limited to Acts of God, Acts of the Queens enemies, floods, rockslides, snow slides, washouts, avalanches, storms, earthquakes, expropriation, fire or explosion, strikes, lockouts, walkouts, industrial disputes, war, sabotage, riot, insurrection, derailment, labor shortages, power or fuel shortages, or act of failure to act of any government or regulatory body.
- Limitations of Liability: Shipper and its agents will not be liable for any indirect or consequential damages, including without limitations, loss of revenue or profits which are based upon, arose out of or are connected with the contract or anything done or maintained hereunder of anything not done or maintained as required hereunder, even if such damages were foreseeable.
- Vehicle(s) is/are shipped by Canadian rail companies as well as independent auto carriers. Insurance is provided by these companies when they are involved in the shipping process. Vehicle(s) is/are only insured while on the railcars, or in an Auto Carrier. It is the Customer’s responsibility to insure vehicle(s) while on the ground waiting to be shipped, and once it/they arrive(s) and is/are unloaded.
- All vehicle(s) must be insured either independently or through a garage policy before shipment. If damages occur we will act on your behalf to settle all claims with the rail companies or Auto Carriers. If we are unable to file or settle a claim, the Customer is to file a claim through their own insurance company.
- Snow covered or excessively dirty vehicles will not be insured for scratches or dents that could be hidden at the time of shipment. All Vehicles are subject to random searches by police. Shipper and its agents are not responsible for any vehicle(s) condition after being searched.
- Owner/Shipper understands that the vehicle shipping order is also subject to the terms, conditions of the specific transport carrier used for shipment.
- Owner/Shipper agrees to allow AUTOMOVES to act as agent in dealing with the transportation facilities, and to exercise its efforts on Owner’s/Shipper’s behalf in placing the order with a transport carrier designated by AUTOMOVES. Said Transport Company will route vehicles from origin to destination, such route to be in the sole discretion of the transport carrier. AUTOMOVES does not guarantee and shall not be responsible for the performance or any act or omission of the transport carrier.
- The customer is responsible to ensure that the vehicle being shipped is properly prepared to be transported, i.e. the correct degrees of antifreeze, no personal items, has sufficient gas/ petrol, etc.
- The Shipping Order and Terms and Conditions hereof contain the entire agreement between owner/shipper and AUTOMOVES, and supersede all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all parties. In the event that any clause or provision of the Agreement is declared to be unenforceable, the remainder of this agreement shall remain in full force and effect as between the parties.
- The customer has the right to request that a vehicle being delivered is done so at a time and in a condition that will allow for a proper inspection, i.e. deny deliveries after dark or request that the vehicle is rinsed (at customer’s expense) prior to signing the inspection report. Should the transporter disagree, the customer must immediately call our office to resolve the issue prior to accepting delivery. Claims raised after signing off on a Bill of Lading without noting any exception will not be considered as valid even if the delivery was taken at night or taken with the vehicle being too dirty to inspect or covered in snow.
READ – DAMAGE CLAIM PROCEDURE
Customers are required to provide AUTOMOVES with a minimum of eight high quality photographs (time stamped) of the vehicle(s) prior to shipment. Failure to provide photographs may result in damage claims not being entertained. Exceptions for damages or shortages must be noted on Bill of Lading at time of delivery. Exceptions for damages not noted on the Bill of Lading at the time of delivery are not considered as valid by the carrier’s insurance and these claims will not be entertained. Claims must be made in writing within 24 hours of delivery with pictures of specific damages claimed. As brokers we will make every effort to assist you in handling any claims, but the final decision rests with the assigned Transport carrier. By signing below, you agree to be bound to the above claims procedure and you agree that any deviation from the above claims procedure will not be entertained.
have concerns about Terms of Serrvice please contact our office at +1 (877) 577-8953 ext 201. prior to making shipping arrangements.