Terms & Conditions
By using this website (“Website”) you acknowledge, consent to and agree with the terms and conditions (“Terms”) stipulated in this agreement (“Agreement”) between registered and bonded property broker (MC-01429696) S.Y.S.2019 LLC (“Broker”); you (“Customer”); and carrier (“Carrier”) – separately hereinafter referred to as the “Party”, and jointly as the “Parties” – as follows:
- Customer grants Broker full authority to contract, as Broker deems appropriate and at Broker’s sole discretion, a licensed and insured Carrier(s) to transport car(s) and/or another vehicle (s) as stipulated in the shipping order agreement. Broker’s terms and conditions shall be applicable to this Agreement and shipments hereunder.
- Any and all prior statements and/or other representations made by Broker, whether in writing or verbally, shall be superseded by the Terms contained in this Agreement, which is a full and entire agreement between Customer and Broker. No changes, amendments, and/or other modifications may be made to this Agreement in any way or manner other than in writing and subject to signing by duly authorized Broker’s officer.
- Carrier shall pick up and deliver Customer’s vehicle(s) to Customer’s door as close as possible both safely and legally. Parties shall mutually agree on loading and unloading places with consideration to, whichever is applicable, residential and/or business area restrictions, narrow streets, bridge clearance, wires and/or trees/tree branches hanging low, etc.
- Broker shall notify Customer on estimated dates for pick-up and delivery. However, neither Broker nor Carrier provide any guarantees of any kind as to pick-up and delivery time and/or date since delays may result, among other things, from weather, Carrier issues (technical, mechanical, etc.), road closures, and/or conditions, traffic, etc. In case of any losses, damages, and/or other issues of any nature and/or for any reason, including, among other things, delays, fees for accommodation, car rental charges, travel expenses, failure to operate Customer’s vehicle, and/or mechanical parts thereof, etc., Broker shall not be liable or otherwise held responsible in any manner or way.
- It’s the Customer’s sole responsibility to prepare vehicle(s) for transport, including, among other things, securing or removing (in advance before pick-up) any and all fragile and/or loose parts, items, and/or other accessories, non-permanent luggage mounted outside, low-hanging spoilers, bike racks, etc. Unless otherwise agreed in writing, Customer shall ensure good operating and running condition of the vehicle(s) at the time of pick-up by Carrier. It’s the Customer’s sole responsibility if any vehicle part(s) fall off during transport, including, among other things, damages to any vehicle(s) and/or person(s) resulting therefrom.
- If the Customer’s vehicle has a security or alarm system(s) installed, such system(s) shall be duly disarmed, or respective instructions and, if applicable, equipment (keys, etc.) should be provided. Otherwise, if such system is activated and/or alarm sounds, Carrier is hereby authorized to deactivate and/or silence them by any means at Carrier’s sole discretion.
- Luggage and personal belongings, if any, shall be moved to, and/or stored in, vehicle(s) trunk only, subject to the total weight of such personal items not exceeding 100 lbs. Broker and/or Carrier shall not be responsible or otherwise held liable in any way or manner for any such personal property left and/or found in the vehicle(s) or for any damages to the vehicle(s) arising from excessive, inadequate and/or improper loading of personal items. Items that are illegal, prohibited, and/or valuable, including, among other things, guns, ammunition, explosives, flammable products, narcotics, alcoholic beverages, plants, animals, jewelry, furs, cash and/or cash equivalents, money, legal papers, and/or any contraband, etc., shall not be transported in Customer’s vehicle(s). Hereby Customer acknowledges, consents to, and agrees that Broker and/or Carrier may report such items to authorities, and said property may be confiscated, removed, and/or disposed of without any compensation under applicable laws. Broker and/or Carrier shall not be responsible or otherwise liable in any way or manner for delivering personal items, belongings, and/or property. If Customer stores, places, and/or otherwise puts personal belonging in the vehicle(s), they do so at their own risk.
- For international shipments, all items other than factory-installed equipment shall be uninstalled and/or otherwise removed from the vehicle(s). Please make sure to specify vehicle(s) identification/serial number (VIN) and U.S. dollar value. Customs paperwork shall be Customer’s sole responsibility (for help, please contact your assigned Carrier).
- Customer shall notify Broker in writing in advance if the vehicle(s) does not run or is otherwise inoperable and/or oversized and inquire about any additional fees and/or charges resulting from any vehicle(s) modification(s), including, among other things, oversized wheels, extra-large parts, installed racks, lifted vehicle and/or its parts, limo, etc. The customer agrees to pay an extra $200 if the vehicle is oversized, inoperable, or modified. If Customer fails to notify Broker thereof in a duly manner as stipulated herein, additional fees may be charged. If Carrier is not able to load the vehicle(s) because of any size issue(s), the Broker may, at the Broker’s sole discretion, charge the Customer a $1,000.00 no-load fee.
- After assigning the Carrier, the Broker shall contact the Customer to confirm the pick-up and delivery date(s) and time. Following confirmation, Broker will share Carrier’s contacts with Customer via e-mail, text message, or as otherwise agreed. The broker will send such e-mail and/or text message to the Customer’s e-mail and/or phone number as specified in the shipping order agreement.
- If the order is canceled by the Customer:
- before Carrier is assigned to transport the Customer’s vehicle(s), no cancellation fee will be assessed.
- after Carrier’s assignment (for details on how the Customer is notified thereon, please see Paragraph 9 above), the reservation fee/deposit will not be refunded.
Order can be canceled by the Broker for any reason and at any time.
- The customer understands that Carrier’s standard cargo insurance policy may not cover and/or exclude any classic, exotic, antique, restored, specialty, custom, vintage, etc. vehicle(s). Customer is solely responsible for obtaining their own “binder” policy with the proper coverage for such vehicle(s) during transport. Broker does not offer any liability and/or cargo coverage.
- At the time of pick-up, both Customer and Carrier shall examine the vehicle’s exterior for any pre-existing damage and complete a vehicle(s) inspection report. Both Customer and Carrier will acknowledge vehicle(s) condition, following which Customer will sign (and get) a copy of the bill of lading. At the time of delivery, both Customer and Carrier shall duly inspect the vehicle(s) for any damages and acknowledge the vehicle(s) condition followed by Customer signing (and receiving) a final copy of the bill of lading.
- Broker shall not be responsible and/or otherwise held liable for any losses and/or damages done to vehicle(s) and/or parties involved and incurred during transport to Customer. Any and all damages and/or losses resulting from transporting the Customer’s vehicle(s) are the sole liability of the Carrier actually transporting such vehicle(s). Hereby Customer agrees to file all claims with Carrier under the vehicle inspection report/bill of lading and take any legal action in regard to such losses and/or damages against Carrier only. Hereby Customer also agrees and consents to release and hold the Broker harmless of any such claims, damages, and/or losses. Broker’s liability for the vehicle(s) is limited to the lesser of actual damage to Customer, or actual vehicle(s) cash value, or $50,000. Any and all damages must be reported in the respective section of the Carrier’s bill of lading and signed by the Customer, regardless of the time of day/night, weather, and/or other conditions. If Customer signs Carrier’s bill of lading or inspection report without any losses and/or damages specified, this shall verify and confirm that vehicle(s) has been received by Customer in satisfactory condition. Customer agrees to submit any and all claims to Broker and/or Carrier within twenty-four (24) hours from delivery and in writing only. Upon the Customer’s request, the Broker shall share Carrier’s insurance policy. Under the regulations of the Department of Transportation, all claims must be in writing only and all tariffs and other amounts (s) due by the Customer must be paid in full before any claims can be processed.
- Customer agrees to have their own vehicle(s) insurance (full coverage) from pick-up to delivery. If Carrier’s insurance denies Customer’s claim to cover damage(s) or loss(es), Customer will not hold Broker liable in any way or manner and shall file their claim with their own insurance.
- After Customer signs vehicle(s) pre-inspection report, Carrier accepts full liability and shall be solely responsible for such vehicle(s). When a vehicle(s) is delivered and the final inspection report is signed by the Customer, such Carrier’s liability will end.
- If any damages and/or losses occur resulting from Acts of God, unforeseen circumstances, including, but not limited to, damages caused by storm, hail, and/or broken/worn items/parts of the vehicle(s), the Broker shall not be responsible and/or held in any way or manner liable for such losses and/or damages.
- An authorized representative of Customer shall be designated to act as their agent, and Customer shall notify Broker thereabout in writing in advance of Customer plans and/or will be absent and/or otherwise unavailable at pick-up and/or delivery.
- Customer agrees to pay Broker reservation fee/deposit as per shipping order agreement. The customer also agrees to pay Carrier the remaining amount due (i.e. total due minus reservation fee/deposit paid to Broker in advance). All payments to Carrier must be made in the form of cash and/or cash equivalents, including, but not limited to, cashier’s check(s), money order(s), Zelle, Venmo, PayPal, Apple Cash, etc., as agreed upon in advance with Carrier and/or Broker. Personal / business checks or credit cards will not be accepted for the remaining balance unless agreed upon in advance by Carrier and put in writing by the Broker. The customer understands and agrees that if payment is not made as detailed herein, vehicle(s)/item(s) will be stored at the Customer’s expense until all transport, storage and, if applicable, other costs and charges are paid in full. If for any reason Customer and/or Customer’s authorized representative/agent is not able to accept delivery, vehicle(s)/item(s) will be put in storage subject to Customer being responsible and/or otherwise solely liable for paying any and all delivery, storage and, if applicable, any and all other charges, costs, and fees.
- This Agreement shall be governed by, interpreted under, and construed according to the laws of the State of New York. Hereby the Parties agree that, if any disputes related to these Terms and/or Agreement, whether directly or indirectly, arise, such disputes shall be resolved in an amicable way. In cases when such amicable agreement cannot be reached, the Parties further agree to resolve such disputes in and hereby consent to the jurisdiction of, the courts of the State of New York with the jurisdiction place/venue, whether State or Federal, in Los Angeles County, State of New York. The party prevailing in any arbitration, litigation, or mediation proceedings related to these Terms and/or this Agreement shall be entitled to recover from the other Party any and all reasonable costs, including, but not limited to, attorney’s fees, filing costs, appeals, etc., incurred, related to, and/or otherwise resulting from, whether directly or indirectly, any and all matters in connection with such legal proceedings.
- Broker may share Customer’s information, personal data, and, if applicable, other details, with Federal and/or State authorities upon their request and/or if any suspicious and/or fraudulent activity is detected, including, but not limited to, on this Website; in communication, whether in writing, verbal or by electronic means; actions and/or omission, etc.
- Our ultimate objective and primary goal as a Broker is to ensure that all our customers feel safe and secure while using our services. In cases when any losses, damages, and/or other issues arise during a pick-up, transport, and/or delivery, please feel free to contact us so that we could connect you with Carrier, whose each driver and truck is supposed to have $100,000 insurance policy. Please note that, since Broker is not liable and/or otherwise responsible in any way and/or manner for any losses and/or damages, all claims should be addressed to, and filed with, Carrier.
Broker / Client Contract
THIS BROKER/CLIENT CONTRACT (the “Contract”) is made between the client agreeing to the terms of this Contract (the “Client”) and S.Y.S.2019 LLC MC#01429696 (“The Auto Transport Broker”). The Client and The Auto Transport Broker agree as follows:
1. Client warrants that client is the registered legal owner of the vehicle being transported (the “Vehicle”), or that Client has been duly authorized by the legal owners to enter into this Contract for transportation of the Vehicle.
2. In the event that Client cancels this Contract for any reason whatsoever, Client shall pay The Auto Transport Broker a minimum cancellation charge of $100.00 in addition to any other amounts due under this contract. A “dry run” fee may be assessed in the event Client is unavailable or unwilling to provide the Vehicle for transportation as of the first date of availability as designated on the shipping form.
3. The client, upon tender of the Vehicle to The Auto Transport Broker or its transportation agent, and the consignee, upon acceptance of delivery by the Client or its agent, shall be jointly liable for any and all unpaid charges payable on account of the shipment, including, but not limited to, sums advanced or disbursed by The Auto Transport Broker or any of its agents on account of such shipment and any and all costs of collection including costs and reasonable attorneys fees.
4. Client shall not leave personal belongings in the Vehicle except those attached to and part of the Vehicle. The Auto Transport Broker shall not be responsible for loss of or damage to personal belongings, including without limitation any personal property which is not factory installed, that are not a part of the Vehicle.
5. Unless the order has been prepaid, or other arrangements have been made, Client shall pay all COD amounts, including any additional charges, in cash or certified funds. In the event that said forms of payments are not available at delivery, the Client shall be responsible for any and all storage fees assessed. In order to make pick up/delivery, the Client agrees to meet The Auto Transport Broker at a specified time and place if necessary.
6. Client shall pay and all costs, including without limitation storage, towing and additional delivery costs, incurred as a result of Client’s breach of any warranty or obligation under this contract. Signing The Auto Transport Broker’s bill of lading or its transportation agent’s bill of lading at destination without notation of damage shall be evidence of satisfactory delivery of the Vehicle.
7. The Auto Transport Broker’s responsibility for the Vehicle commences when the bill of lading is issued and signed by the driver and terminates when the Vehicle is signed for at destination.
8. The Auto Transport Broker or any of its agents shall not be liable for damages, including without limitation any of the following, not caused by their negligence: a. b. c. d. e. f. Damage caused by fluids, acids, cooling system antifreeze, industrial fallout or damage caused by acts of God. Damage that is undetectable due to Vehicle’s condition or glass damage caused by normal wear and road use. Mechanical malfunctions, exhaust assembly, frame, alignment, tire damage, soft top convertibles, suspension, tuning of engine or damage that is a result of tie downs tearing or breaking. Auto rental accruals. Damage resulting from the Vehicle being overloaded. Damage to the Vehicle because it cannot be driven on or off transporter under its own power or has defective or insufficient brakes, parking brake or parking gear.
9. The liability of The Auto Transport Broker or any of its agents for negligence causing damage to the Vehicle shall be limited to the amount paid by the Client for the transportation of the Vehicle.
10. The Client shall be responsible for preparing the 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 the Vehicle that falls off during transport is the Client’s responsibility, including damages caused to any other vehicles involved. Security systems should be disarmed and any keys or transmitters for said device must be provided to the transporter.
11. The Client agrees to indemnify, defend and hold The Auto Transport Broker and its agents harmless for any costs, expenses, damage, losses and claims caused by the Client’s breach of any warranty or obligation under this contract.
12. The Auto Transport Broker warrants and Client acknowledges that The Auto Transport Broker is licensed by the Federal Motor Carrier Safety Administration.
13. The Auto Transport Broker and its transportation agent transporting the Vehicle are hereby authorized to operate and transport the Vehicle from point of origin to the destination specified in The Auto Transport Broker’s bill of lading. The Auto Transport Broker is authorized to drive the Vehicle either at point of origin or point of destination between the points of loading/unloading and the points of pickup/delivery, and the Client shall provide insurance for the same.
14. In the event that there are any unforeseen delays regarding delivery, federal regulations require that all outstanding freight charges be paid without deductions. The Client agrees to properly note any damage claimed at the time of the delivery of the Vehicle, and to pay the balance of the delivery charges in cash or certified funds. Damages not noted on the transportation agent’s bill of lading will not be honored (no exceptions). Any claim of damage caused by The Auto Transport Broker must be made within 15 days of delivery in writing, specifying the damage claimed. The transportation agent actually transporting the Vehicle shall be liable for any and all damage claims arising from the transport. The Client agrees to file all claims with such transportation agent as identified on the transportation agent’s bill of lading/delivery receipt, and to bring any legal action for damages against such transportation agent only. The Client agrees to release and hold harmless The Auto Transport Broker from any such claims.
15. After the Client makes the Vehicle available to The Auto Transport Broker for transport, The Auto Transport Broker shall use its best efforts to deliver the Vehicle in an expedient manner. However, The Auto Transport Broker does not guarantee the date or time of delivery.
16. The Client shall pay an additional $250 if the Vehicle is or becomes inoperable during transport, and an additional amount for if the Vehicle is oversized or overweight, unless the Vehicle is disclosed as being inoperable, oversized or overweight, respectively. All inoperable vehicles must steer, brake and roll.
17. While The Auto Transport Broker and its agents are driving the Vehicle for purposes of parking, storage and other purposes incidental to performance of the obligations under this Contract, The Auto Transport Broker shall have the full benefit of any insurance that has been affected by the Client on the Vehicle, unless said insurance coverage is void while the vehicle or property is in the possession of The Auto Transport Broker and its agents.
18. The Client shall, in its absence, designate someone to act as the Client’s agent at the points of pickup and/or delivery.
19. This Contract constitutes the entire agreement between the parties hereto with respect to the subject hereof. It supersedes all prior negotiations, letters and understandings relating to the subject hereof.
20. This Contract may not be amended, supplemented or modified in whole or in part except by an instrument in writing signed by the party or parties against whom enforcement of any such amendment, supplement or modification is sought.
21. This Contract will be construed in accordance with the laws of NEW YORK, without application of its choice-of-law principles.
22. If legal action is instituted to enforce the terms and conditions of this contract, exclusive jurisdiction and venue for any such action will be in the state and federal courts of KINGS COUNTY, NEW YORK STATE. The parties hereto hereby irrevocably waive, to the fullest extent permitted by law, (a) any objection to jurisdiction or venue of any action arising out of or relating to this Contract brought in KINGS COUNTY, NEW YORK STATE, or any judgment entered by any court in respect thereof, or (b) any claim that any action brought in KINGS COUNTY, NEW YORK STATE, has been brought in an inconvenient forum.
23. No person, other than The Auto Transport Broker’s transportation agent and other agents, shall be deemed to possess any third-party beneficiary right pursuant to this contract. It is the intent of the parties hereto that no direct benefit to any third party, other than The Auto Transport Broker’s transportation agent and other agents, is intended or implied by the execution of this contract. The Auto Transport Broker’s transportation agent and other agents are express third party beneficiaries of the terms of this Contract