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Terms and Conditions
Please acknowledge that you agree to the Puerto Rico Car Transport terms & conditions to continue.
Puerto Rico Car Transport | Shipping Terms & Conditions 1. DEFINITIONS: “Company” refers to AM3 Freight Operations, Inc. (DBA Puerto Rico Car Transport), licensed as a freight broker by the Federal Motor Carrier Safety Administration (FMCSA) in Docket Number MC: 103802, and as a licensed broker, arranges for freight transportation by utilizing carriers; “Customer” refers to the person or persons for whom the freight brokering services are being performed, or any agent Customer has authorized to act on behalf of Customer. “Vehicle” refers to the automobile(s) being brokered for the Customer. “Bill of Lading” refers to any bills of lading provided by any third-party carrier or port facility involved in the movement of Vehicle. “Carrier” refers to the actual transport carriers physically moving the Vehicle and performing the transportation, including both movement by land and sea. “Driver” refers to the operator of any third-party carrier trucks or boats. “Booking Confirmation” refers to the Puerto Rico Car Transport document provided to Customer confirming price of shipment of Vehicle, shipment ready date, service type, shipment origin and destination, vehicle details, and optional purchase of any additional coverage. “Terms and Conditions” refers to the Puerto Rico Car Transport document containing detailed terms and conditions regarding shipment information, Customer acknowledgements and agreements, and Customer’s signature. “Shipment Requirements” refers to the document following the Terms & Conditions containing requirements and reminders to Customer. “Agreement” refers to the complete agreement between Customer and Company and encompasses “Booking Confirmation,” “Terms & Conditions,” and “Shipment Requirements.” 2. COMPLETE AGREEMENT: Customer acknowledges the Agreement encompasses the Booking Confirmation, Terms & Conditions, and Shipment Requirements. Said documents constitute the complete agreement between Company and Customer and all prior written or oral representations of Company are considered null and void. Terms & Conditions may not be modified except for in a writing signed by an officer of Company. In the event the Booking Confirmation needs to be updated, Company will obtain verbal confirmation from Customer, and provide Customer with updated copy. 3. VEHICLE OWNERSHIP & CONTROL: Customer warrants that he/she is the legal owner of the Vehicle, or that he/she has been authorized to enter into this Agreement arranging for transportation of Vehicle. Customer acknowledges and agrees that the person listed as consignee on Bill of Lading is Customer’s agent for purposes of approving charges, accepting delivery of the Vehicle, and releasing Carrier from liability. If Vehicle is turned over to Carrier by any person other than Customer, Customer acknowledges that all persons signing the Bill of Lading on Customer’s behalf are Customer’s agents and fully authorized to deliver possession of the Vehicle on the terms stated herein and on the Bill of Lading. By Customer’s signature, Carrier is authorized to transport Vehicle from point of origin to point of destination and to operate Vehicle for the purpose of loading and unloading. Insertion of Company’s name on Bill of Lading is for Customer convenience only and shall not change Company’s status as a broker. 4. VEHICLE CONDITION: Customer shall remove all non-permanent outside mounted luggage or other racks prior to shipment. Customer shall not deliver Vehicle to Carrier with more than ¼ tank of fuel. A fuel siphoning fee of no less than three hundred fifty dollars ($350) will be assessed (per vehicle) to Vehicle arriving at the port facility with more than ¼ tank of fuel. Electric vehicles must be in a state of charge of 30-50% at the time of ingate at the port facility. Electric vehicles that do not fall within this range will be subject to a fee of no less than three hundred fifty dollars ($350) and may be refused for transport. At origin of shipment, Customer must furnish Carrier with one set of keys to the ignition, doors, trunk and any locked compartments. Aftermarket alarms must also be disconnected at origin of shipment. Vehicle must be in safe operating condition. Vehicle must be drivable and free of leaking fluids, with no chips or cracks in the windshield. Vehicle must be equipped, and able to be licensed, for use on public roads. Vehicle must be able to be started in the manner intended by the manufacturer of Vehicle. Vehicle must conform to the standard size dimensions as provided by the manufacturer of Vehicle. Customer must notify Company of any modifications to the size of Vehicle, and may be subject to additional fees. Vehicle must be thoroughly washed and cleaned (interior and exterior) to comply with USDA requirements. If Vehicle fails to meet any of these requirements, Customer may be subject to additional fees, or Vehicle may be refused for transport by Carrier. In the event Vehicle becomes inoperable during transport, Customer will be responsible for either returning Vehicle to operable condition, or paying the fees incurred by Company to accomplish same. 5. PERSONAL EFFECTS: Personal property and effects are not permitted and shall NOT be left in Vehicle. Company is NOT responsible for property of any kind left in Vehicle including but not limited to CD players and changers, radar detectors, GPS, navigation systems, stereos, car phones, chargers, cassettes, or any other non-stock items. 6. DAMAGE CLAIMS: Carrier will inspect Vehicle at its origin to note obvious defects. Vehicle must have a clean exterior, to allow for proper inspection. Report of overall condition of Vehicle as shown on the Bill of Lading is not to completely describe every defect. Minor defects resulting from normal use and pre-existing damages are not transport-related damage. No claims will be considered for damage after transport that may have existed prior to transport. Customer or Consignee shall inspect Vehicle at delivery using the same standards as were used at the origin. All transport-related damage or exceptions must be noted on the Bill of Lading at time of delivery. A claim for damages not documented on Bill of Lading will be denied, as signing the Bill of Lading upon acceptance of delivery without any notation of damage constitutes conclusive evidence that the Customer or Consignee has received Vehicle in acceptable condition and that all parties are relieved of liability. Damage claims must be made within five (5) days of delivery and include all pictures of alleged damage. Damage claims made more than five (5) days after delivery, or with incomplete documentation, will be denied. In the event of transport-related damage, estimates from two different repair shops must be provided. If damage is noted or should occur, all charges owed to Company must be paid prior to initiating the claim. Customer agrees Company or Carrier will not be held liable for the following: a) Damage not detected at inspection locations due to poor visibility because of weather, lighting conditions, or Vehicle that is received dirty or in “As Is” or Inoperable condition. b) Damage to the undercarriage, lower body panels in Vehicle with less than 8” clearance, exhaust systems, tires, rims, suspension, wheel bearings, tie-downs, mechanical functions such as but not limited to: brakes, alignment, tuning, charging systems, batteries, or interior components as no evaluation is made of these components or systems at pick up or delivery of Vehicle. c) Damage caused by leaking fluids such as battery acid, motor oil, transmission fluid, brake fluid, power steering fluid, radiator coolant, or industrial fallout or fallout resulting from “acts of God.” d) Acts of Public Authority. e) Diminution in value of Vehicle, fees for rental cars, or any other claimed expense or consequential damage. 7. COVERAGE: In the event of transport-related damage to Vehicle, the ocean Carrier limits its liability to five hundred dollars ($500) per unit. Similarly, land Carriers have limited insurance. Additional coverage is available for purchase and would cover any and all transport-related damage including total loss of the shipment, up to the amount of desired coverage. Diminution in value of Vehicle is not covered. Customer is advised to contact a Representative to purchase additional coverage. Customer-purchased additional coverage will appear in Customer’s Booking Confirmation. In the event of transport-related damage to Vehicle, Customer agrees to acquire estimates from two different repair shops, and understands Company will select the appropriate estimate for reimbursement. Rental car fees will not be covered. Customers who do not purchase additional coverage agree that any claims for damage will be taken up directly with Carrier, and agree liability for said damages, as well as all Driver negligence, lies solely with Carrier. Company will provide Customer with the name, address, and phone number of the Carrier used for transport and will assist Customer in providing any other necessary information, should a claim arise. As a broker, Company will make every effort to assist Customer in handling claims against the Carrier, but the final decision rests with the Carrier. 8. LIMIT OF LIABILITY: In the event of legal action, in no event will Company be liable to Customer for any punitive, incidental, indirect, or consequential damages of any kind in connection with this Agreement, even if Company has been informed in advance of the possibility of such damages, except when such damages are caused by gross negligence or willful misconduct of Company. To the extent permitted by applicable law, in no event shall liability for damages exceed one thousand dollars. This limit of liability does not extend to Carrier of Vehicle. 9. TRANSIT TIME: Customer acknowledges that all transit times are estimates. Company does not guarantee pick up or delivery on specified dates but will make a good faith attempt to meet quoted timeframes. Customer acknowledges that in the event of any delays, Company will not be liable for rental car, hotel stays, or any other claimed expense or consequential damage. 10. PAYMENT: Customer’s payment in full must be received on or before Customer’s scheduled Ready Date contained in the Booking Confirmation. Customers with payment information on file will be charged on or within twenty-four hours of the scheduled Ready Date. Customer acknowledges and understands that all charges by Company must be paid in full prior to Vehicle being released. Customer agrees to pay all sums due Company for delivered Vehicle and will not seek to charge back a credit card or stop payment on a check to offset any dispute for delay or damage claims and will abide by the terms of the Agreement to handle such disputes. In the case of Customer’s ACH payment being rejected for Non-Sufficient Funds (NSF), Customer agrees to an additional twenty-five-dollar ($25) charge for each attempt returned NSF, which will be initiated as a separate transaction from or in addition to the authorized payment. Company shall have a lien on Vehicle for all sums due but not paid and may refuse to release Vehicle until payment is rendered. Company will seek legal title to Vehicle left unclaimed at destination after a period of 30 days and may sell or otherwise dispose of Vehicle as allowed by law. 11. SERVICE: It is understood between Company and Customer that while Carrier has authorized Company to invoice Customer for services provided by Carrier, Company is not an agent for the Carrier or Customer and remains at all times an independent contractor. Company agrees for the amount stated on the Booking Confirmation to arrange for transportation of Customer’s Vehicle pursuant to the terms and conditions of the Agreement and in compliance in all material respects with all federal, state and local laws and regulations relating to the brokerage of freight covered by the Agreement. Company’s responsibility under the Agreement is limited to arranging for, but not actually performing transportation of Customer’s Vehicle. 12. DELIVERY AND STORAGE: An unclaimed Vehicle may incur storage fees at the port of discharge. Fees are determined by individual port storage facilities and are subject to change. For an accurate assessment of possible storage fees Customer must contact a Customer Service Representative. Customer alone, and not Company, is responsible for any storage fees due to failure to claim Vehicle. Storage fees are payable to the facility storing unclaimed Vehicle. Failure of Customer to accept delivery of Vehicle more than thirty (30) days after its arrival shall authorize Company or other persons in possession of Vehicle to foreclose its lien on Vehicle as provided by the laws of the state of Vehicle then current location. Customer is responsible for any and all charges associated with the delivery or pickup from a storage facility of other non-standard locations. If charges are due when Company arrives to receive Vehicle, charges will be forwarded to the Customer’s bill for payment. The liability on the part of Carrier ceases upon unloading of Vehicle at or near the agreed upon location, port, or storage facility and is considered as being delivered. Customer acknowledges that Company makes no warranties as to the fitness of Vehicle to pass through borders controlled by government agencies. Refused Vehicle will be left at the port or in storage and be deemed as delivered. Customer is responsible for any additional charges incurred by refusal of Vehicle by any government agencies, including but not limited to storage fees. 13. CANCELLATION POLICY: Both Customer and Company may cancel a booking prior to Vehicle being picked up by a Carrier or dropped off at a port facility. Customer cancellations are subject to a cancellation fee of one hundred thirty-five dollars ($135). If the customer Ready Date passes and a Carrier has not been assigned, the cancellation fee will be waived. However, in the event the customer Ready Date is within 48 hours of booking, the cancellation fee will be waived only if the 48-hour period has elapsed, and no Carrier has been assigned. Once a Carrier is assigned in any scenario, cancellation fees will not be waived. Once a vehicle is picked up by a Carrier, or dropped off at a port, customer cancellation is no longer available. Cancellation requests must be made by emailing the Cancellation Department at cancel@puertoricocartransport.com. 14. DRY-RUN POLICY: In the event a Driver is dispatched to pick up Vehicle and prior arrangements have been made to do so, and Vehicle is not available for pickup within thirty (30) minutes of Driver arrival, a “dry-run” fee of one hundred dollars ($100) will be imposed. Additionally, all shipments are allocated thirty (30) minutes for delivery at contracted point of destination. Deliveries that exceed this allotted period due to Customer unavailability will incur the “dry-run” fee. For every additional thirty minutes after the initial thirty minutes, an additional $75 dollars in fees will be incurred. If pickup or delivery at the agreed upon location is impossible or impracticable due to weight restrictions, low trees, small roads, or other obstacles, Customer agrees to meet Driver in a safe and legal location for loading or unloading of Vehicle. Failure to do so may result in the imposition of the “dry-run” fee. In the event Customer requests a change of pickup or delivery address less than seventy-two (72) hours prior to scheduled pickup or delivery, requests may be denied, or additional fees may be imposed. If for any other reason, a dispatched Driver must refuse pickup, including but not limited to Vehicle condition, or a Customer exhibiting offensive, inappropriate, or vulgar language or behavior, the “dry-run” fee may be imposed. Imposed fees will be forwarded to Company’s bill to Customer for payment. Company also reserves the right to consider any of the preceding situations in this section a material breach of the Agreement on behalf of Customer. 15. INDEMNIFICATION: Customer agrees to indemnify, defend and hold Company and its agents harmless for any additional costs, expenses, damage, losses, or claims caused by Customer’s actions including but not limited to: if Customer or Customer’s agent provide Company with inaccurate information regarding personal effects shipped within Vehicle, Vehicle dimensions, road clearance, drivability, and/or condition. 16. ARBITRATION CLAUSE: If a dispute arises from or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. However, Customer waives all claims against Company if actual written notice of the claim to Company is not made within sixty days of the date of the incident giving rise to the claim. Customer also waives right to arbitration if claims stemming from this contract are not made within one year of the date Company gives written notice of denial of any part of the claim specified in said notice. Claims shall be heard by a single arbitrator. The place of arbitration shall be Manhattan, New York. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. 17. SEVERABILITY CLAUSE: If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
The above terms and conditions were accepted on 07/01/18
Booking # :
R149240
Shipper :
james hawkins
Signature :