V2018.02.16.1032 – May not be latest version of current terms and conditions; contact us with any questions at (877) 486-9091.
By signing and submitting this Service Agreement (hereafter “Agreement”) online, sending via fax or requesting via email, the Customer (hereafter “Shipper”, “you”, “your”) affirms that they understand and agree to all the terms listed herein in part and in whole and that they are hiring Plymouth Auto Transport, LLC (hereafter “PAT”), a licensed & bonded transportation brokerage (MC#768999), to provide any and all services required to arrange the shipment of their vehicle(s) with a Common or Contract Carrier (hereafter “Carrier”). You also verify that you have read, understand, and will abide by the following terms and conditions without protest. This contract supersedes all prior written and oral representations of PAT and constitutes the entire agreement between the Shipper and PAT and may not be changed except in writing signed and dated by you and an officer of PAT. Having accepted this quote, the Shipper, authorizes the officer(s)/agent(s) of PAT to operate as their representative to fully insured and validly licensed motor carriers and to hire a reputable transporter to ship their vehicle(s)/equipment/freight/etc. The Shipper also expresses that they have fully read and understand the terms and conditions of this agreement to include available insurance options, and authorizes payment to be made using the method selected by PAT in accordance with the terms of this agreement.
Terms & Conditions:
OWNERSHIP – The Shipper warrants that they are the registered legal owner of the vehicle, or that they have been authorized by the legal owner(s) to enter this agreement. The Shipper agrees to pay the final price for delivery of the vehicle(s), including all COD amounts and any additional charges agreed upon and set forth in the “Dispatch Agreement” between PAT & Carrier. The Dispatch Agreement will be provided upon request only when a valid carrier has been contracted for transportation of the vehicle(s), and any COD’s listed therein must be paid in cash, cashier’s check or money order to the assigned carrier.
VEHICLE CONDITION – Your vehicle(s) is/are considered in operational condition and must be able to be driven onto and off of the carrier under the vehicle’s own power at all times during shipment unless clearly noted on your order as ‘In-op’ or ‘Non-operational’. Non-operational vehicles must roll, brake and steer. Vehicles that are non-operational or become non-operational during shipment, for any reason, will be subject to an additional, industry standard, non-operational fee of $150.00 per vehicle. The Shipper shall inform PAT if the vehicle is inoperable (unable to be driven under its own power) or oversized (lift kit, oversized tires, dually, etc.). If PAT & Carrier are not informed of inoperable vehicle(s) prior to pick-up, any additional charges to accommodate transport of the inoperable vehicle(s) must be paid prior to delivery. The Shipper shall prepare the vehicle for shipment including the removal of all non-permanent outside mounted luggage and other racks prior to shipment unless otherwise allowed by Carrier.
PAT recommends each vehicle(s) contain no more than ¼ tank of fuel, as well as the removal of all personal items. Carrier requires you to prepare your vehicle(s) for transport by disarming any alarm systems and/or providing necessary remotes for alarm systems, and removing or retracting all loose and/or protruding accessories from your vehicle(s). You agree and understand that your vehicle(s) must be free of contents as neither PAT nor Carrier are licensed to handle the transportation of “Household Goods.” Damage to, loss of or fines levied to Carrier resulting from any unauthorized contents present in the vehicle during shipment are the sole responsibility of the Customer.
Your total price for the transportation of your vehicle(s) is factored using numerous pieces of information including, but not limited to, the size and/or weight of the vehicle(s). Misrepresentation to PAT of the vehicle(s) size and/or weight may result in additional fees and/or the cancellation of the order. Orders canceled due to misrepresentation of the vehicle(s) will forfeit any service fees that have been previously paid.
It is your responsibility to ensure that the vehicle(s) is/are ready to be released to the chosen Carrier by the projected pickup date given on the order. Failure to release the vehicle(s) to the chosen Carrier on or after the date given by you when placing your order may result in a ‘Dry Run’ Fee. Industry standard for a ‘Dry Run’ fee is $100.00.
INSURANCE – The Shipper accepts that the vehicle(s) will be primarily insured and covered for loss by the Carrier’s cargo insurance as defined by the limits set forth by their individual policies. A contingency cargo insurance for claims up to $100,000.00 is also provided at no additional charge by PAT and ensures coverage in lieu of what the Carrier insurance provides. Carrier and/or the Shipper shall be responsible for the $1,000.00 deductible in the unlikely event any damage claims are filed against the contingency policy. Finally, excess cargo insurance is available upon request, and PAT will file for the requested amount with the insurance provider of PAT’s own choosing. Upon approval by the underwriter(s), the excess insurance will be paid for entirely by the Shipper and charged by PAT using the payment method selected by PAT. Purchasing excess insurance will also incur a separate filing fee of $50.00 payable to PAT. ANY CLAIM FOR LOSS OR DAMAGE MUST BE NOTED AND SIGNED BY THE SHIPPER AND CARRIER ON THE CONDITION REPORT AT TIME OF DELIVERY. SIGNING THE CARRIER’S BILL OF LADING AT DESTINATION WITHOUT NOTATION OF DAMAGES SHALL BE EVIDENCE OF SATISFACTORY DELIVERY OF THE VEHICLE(S), AND THE SHIPPER SHALL BE PRECLUDED FROM FILING ANY CLAIMS TO THE CONTRARY.
All Carriers selected by PAT are required to maintain a policy with at least $100,000.00 of cargo insurance to protect your vehicle(s) during transport to the destination. However, the Carrier may choose, at their own discretion, to cover any damage directly by repairing, paying for repairs, or offering reimbursement for approved repairs.
You may, at any time, request and receive from PAT, a copy of the Operating Authority as well as the Insurance Certificate for the Carrier selected for your order. Copies of the Carrier’s direct bill of lading may be obtained from the Carrier’s driver and/or their main office at the phone numbers provided. You are further granted the right and ability to refuse the service of the selected Carrier based on this or any other information and to request to be set up with a different Carrier by PAT, however this will constitute a new order and you will be charged an additional deposit of $50.00 per vehicle.
LIMITATION OF LIABILITY – PAT & Carrier shall not be liable for damage or loss excluded or limited by their separate insurance policies; examples of such exclusions and limitations may include but are not limited to the following: damages caused by mechanical malfunctions; defective or insufficient brakes, parking brake or parking gear; overloaded vehicles; acts of God; damage caused by tie downs that break or tear due to vehicle’s age or conditions; any damages caused by the loading or unloading of inoperable and low profile vehicles; any convertible tops that are loose, torn, or have visible wear, bras, or any other type of canvas or material covering, leaking fluids, freezing, or antennas not tied down. Inspection of mechanical functions, exhaust systems, alignment, suspension or tuning of engine are not practical at time of shipment. If the vehicle shall become inoperable during transport an additional fee of $150.00 minimum will be charged to the Shipper. Any claim of damages caused by assigned Carrier must be reported immediately to Carrier and/or their insurance provider. Shipper may not file any claim against PAT beyond the scope of liability for property brokers as provided within Title 49 USC & 49 CFR Subtitle B. Shipper will not seek to charge back a credit card or stop a check to offset any dispute for damage claim.
You agree and understand that when the Carrier accepts and transports your vehicle(s), they will perform a vehicle inspection and provide a report (aka “Bill of Lading”) at the origin. You should not, under any circumstances, release a vehicle to a Carrier without a vehicle inspection report. This Agreement is subject to all the terms and conditions of the Carrier’s straight bill of lading specifically pertaining to any liability exclusions. You and Carrier, or your Agent and Carrier, are both required to sign and verify the initial vehicle inspection report. Failure to do so could result in your inability to process a damage claim. Within the scope of their individual insurance policies, the Carrier assumes responsibility for any damage not noted on the initial vehicle inspection report from that point, and throughout the transportation period, until the vehicle(s) is/are delivered at the agreed destination.
PAT has no responsibility or liability for any damage to the vehicle(s) during transport or at any other time. You and Carrier, or your Agent and Carrier, must thoroughly inspect the vehicle one final time upon delivery and both must sign the final vehicle inspection report. In the event there is damage during transport, You or your Agent must note those damages on the final vehicle inspection report, pay the remaining balance due that is stated on the Carrier contract and then contact the Carrier’s main office and, subsequently, their insurance company. Failure to note any damage on the final vehicle inspection report releases the Carrier of liability and could result in your inability to process a damage claim.
DEDUCTIBLE COVERAGE – To provide additional assurances to you, PAT provides the following deductible coverage pursuant to the following limitations: If there is damage to your vehicle, but the Carrier and its insurance company fail to pay the claim (outside of the Carrier’s or insurance policy’s standard exclusions) on damage that was clearly caused by the Carrier, requiring you to either pay for repairs or file a claim with your own insurance company or our contingency cargo policy, PAT will provide the Shipper up to $5,000.00 in order to cover your out-of-pocket expenses or the deductible.
For example, if you file a claim under your insurance policy and your deductible is $500.00, upon acceptance by PAT, you’ll receive $500.00. If your lowest repair estimate is $250.00, upon acceptance by PAT, you’ll receive $250.00. The amount you receive is contingent on the amount of coverage you purchase prior to shipping your vehicle(s).
You understand and agree that PAT, by offering this ‘Deductible Coverage’, does not accept any liability for damages occurring before, during or after transport. Further, to request this coverage from PAT, you must first file a claim with Carrier and Carrier’s insurance company and be denied. Also, you need to provide documentation that the Carrier claim was denied as well as either three individual repair estimates or proof that you filed a claim with your own insurance carrier.
This coverage is only available upon request and receipt of an additional fee; minimum fee is $25.00 for the base $100.00 coverage. Coverage is available up to $5,000.00 upon request. Coverage will be charged to the Shipper at 25% of the coverage amount requested. For example, $500.00 of coverage costs $125.00, $1,500.00 of coverage costs $375.00, and so on up to the maximum of $5,000.00 of coverage costing $1,250.00. This coverage will not be valid on any orders where PAT has reduced the Reservation Fee to any amount lower than $250.00 total per vehicle unless requested by our qualified Military, Veteran, and First Responder customers with Reservation Fees equal to $125.00 total per vehicle. PAT may withdraw or amend this coverage at any time, without further notice. In the event such withdrawal or amendment occurs while a vehicle with said coverage is in transit, PAT reserves the right to refund the Shipper the amount paid for that coverage.
TRANSIT TIMES & GUARANTEES – PAT does not agree to transport the vehicle on any particular truck, nor in time for any particular event, due to possible delays caused by weather, road conditions, mechanical problems, etc. Carrier shall use its best efforts to deliver the vehicle within the estimated time; however unforeseeable factors previously mentioned may delay delivery beyond the estimated time. PAT & Carrier do not guarantee the date or time of pick-up and/or delivery. You may request a specific pick up date at least 48 hours in advance, and such guarantee will incur an additional $400.00 per vehicle which is added to the deposit and nonrefundable.
Once a Carrier is assigned to your vehicle(s), you will be given the estimated dates of pickup (and delivery when possible) as well as the Carrier name and direct business phone number. Any dates given are the Carrier’s projections only and are given solely to assist both you and the Carrier in the general arrangement of your schedules; dates given are not guaranteed, as certain conditions can alter a Carrier’s schedule (i.e. weather, road conditions, mechanical problems, etc.) As such, you agree to hold PAT harmless for any expenses incurred as the result of any delays, including, but not limited to, any car rental fees or living accommodation expenses you incur. It is strongly recommended that you maintain reasonable contact with the Carrier and/or PAT to stay up to date on any schedule changes.
MONEY BACK GUARANTEE – PAT will discount a portion of the Reservation Fee ($50.00 per vehicle) if we are unable to secure a carrier to transport your vehicle(s) within three (3) weeks of your selected availability date, and the Shipper maintains their order with PAT. If the order has been canceled at any time, the Shipper will not qualify for this guarantee as no fees are charged prior to the carrier assignment.
RESTRICTED ITEMS – Vehicle should be free of any personal or household items. PAT & Carrier are not responsible for personal items left in vehicle, or for damage caused to the vehicle from excessive or improper loading of personal items. The following items are prohibited for shipment: electronic equipment, valuables, plants, pets, alcohol, drugs, firearms, explosives, ammunition, flammables, jewelry, furs, money or contraband.
ADDITIONAL CHARGES – In the event the Shipper is unavailable or unreachable within 24 hours prior to the scheduled delivery date, a storage and redelivery charge may be assessed pursuant to the Carrier’s company policies. The Shipper shall pay all costs, including storage, towing and additional delivery costs incurred because of Shipper’s breach of any warranty or obligation under this agreement. The Shipper agrees to hold PAT & Carrier harmless of any costs, expenses, damages, losses and claims caused by Shipper’s breach of any warranty or obligations under this agreement. Auto rental accruals will not be honored.
*** PLEASE, READ THE FOLLOWING TERMS CAREFULLY ***
PAYMENTS & DELIVERY – The Shipper agrees to pay the final contract amount using the method provided by PAT without additional notice if the final contract amount is equal to or less than the original amount quoted. PAT is permitted to dispatch the Shipper’s vehicle(s) without additional notice if the anticipated load date falls within 3 days of the first available date noted within this agreement. PAT will provide notice of the total charges via email, phone call, voice message, or text message if the amount exceeds the original quote. PAT may assume these changes have been agreed to if the Shipper has not responded with 12 hours of being notified of these changes, and may dispatch the Shipper’s vehicle to Carrier.
All charges will be divided as follows: PAT will charge a Reservation Fee (Average = $250.00) once a Carrier is assigned and confirmed to pick up, transport and deliver the vehicle(s) listed on your order. Once the selected Carrier’s information is provided to you, this nonrefundable Reservation Fee charged by PAT is due and payable and may be charged by PAT to the card you have provided at any time. Upon releasing your vehicle(s) to the Carrier selected, you accept the service from PAT to be complete. Any Fees/Deposits due to PAT but not paid by the time the vehicle(s) is/are loaded onto the selected carrier will become past due. You will be granted a one (1) day grace period from the time of pick up to settle any past due amount. Amounts still due beyond the one (1) day grace period will be assessed a $50.00 past due fee per vehicle which will be added, along with the past due amount, to the Carrier’s balance due amount and collected by the Carrier before the vehicle(s) will be released at the delivery point.
Carrier will contact you by phone at the numbers you provided, to schedule an appointment for pickup and delivery of the vehicle(s). It is your responsibility to verify that all contact phone numbers given to PAT and subsequently to the Carrier are correct. If you are unable to meet the driver for an appointed time for pickup or delivery, you may designate an Agent on your behalf to release and/or accept the vehicle(s). You understand that if neither you nor your Agent can accept and/or remit proper payment for the vehicle(s) on delivery at the destination, the vehicle(s) may be stored in a facility chosen by the Carrier at your expense.
If the Carrier is unable to safely access the pickup or delivery addresses provided by you, you agree to meet the Carrier at a nearby location, for the Carrier to safely pick up or drop off your vehicle(s). In the alternative, you will allow the Carrier, at their discretion, to hire a local service, (i.e. flatbed) at the Carrier’s expense, to assist the Carrier in providing ‘door to door’ pickup or delivery.
Payments for the balance due to the Carrier must be made on or before delivery of your vehicle(s), unless payment on pickup is pre-arranged. The Carrier only accepts Cash or Cashier’s Check for payments made directly to the driver upon delivery. It is your responsibility to verify the Carrier’s preferred method and/or the proper spelling of their Company’s name for such payment.
PAYING WITH BITCOIN – The Shipper may elect to pay any amount from $250.00 up to the entire cost of transport with Bitcoin. Any payments made in Bitcoin will be subject to the following: 1) all Bitcoin payments will be credited to the balance due at the rate of the original payment in USD, 2) PAT charges a 1.5% processing fee for all Bitcoin payments prior to crediting USD amount to order, 3) any unpaid balances may be demanded via other payment methods of PAT or Carrier’s own choosing, 4) any refunds requested will be processed within 24 hours and will be issued in Bitcoin less the original processing fee at the current market price of the initial Bitcoin amount (ex: paid 0.15 BTC = refund 0.14775 BTC) or at the original amount in USD less the processing fee, whichever is less. PAT may withdraw or amend this payment method at any time, without further notice.
FORFEITURE OF DEPOSITS & CANCELLATION FEE – The Shipper may cancel their order without penalty at any time prior to the vehicle(s) being picked up. However, any cancellations ordered after the vehicle(s) has been contracted to Carrier will result in forfeiture of all deposits and/or fees with PAT or a nonrefundable $50.00 cancellation fee per vehicle which may applied to any shipment scheduled within 12 months of cancellation. The Shipper will not seek to charge back the cancellation fee, or any fees assessed prior to cancellation for any reason including but not limited to PAT’s or Carrier’s inability to provide transportation services as initially requested by the Shipper. PAT will exempt all military personnel, veterans and first responders with verifiable identification from payment of the cancellation fee. PAT may extend any additional deposits as credits towards a future shipment at the sole discretion of PAT’s officers.
DRIVER CANCELLATION & REFUNDS – If the Carrier cancels the Dispatch Agreement at any time up to loading the vehicle, PAT guarantees to maintain this agreement with the Shipper indefinitely without seeking additional payment for PAT’s service. If PAT is unable to reassign the Shipper’s vehicle to an alternate carrier, or the Shipper cancels this agreement with PAT, any fees or deposits already paid will be nonrefundable but may be applied as credit towards any shipment scheduled within 12 months of cancellation.
PAYMENT SELECTION AMENDMENTS – PAT reserves the right to amend the method of payment in response to the Shipper’s failure to submit payment using the method selected by PAT or if the payment information provided proves to be invalid in any way. In these cases, PAT will notify the Shipper & Carrier of these changes by email, phone call, voice messages, or text message and the Shipper agrees to accept these changes without requiring additional notification or signed agreement.
GPS TRACKING SERVICE – The Shipper may request GPS tracking provided by PAT via our AutoTracker service any time up to 72 hours in advance of scheduled pick up. Separate terms of service will be provided covering the use of the GPS as well as a detailed lease/purchase agreement. In short, the GPS including a lifetime service plan is provided to the Shipper with a deposit of $250.00 plus shipping. If returned within seven (7) days of the actual delivery date, the Shipper will be refunded $125.00. Failure to return the GPS tracking device within seven (7) days of delivery will result in forfeiture of the $250.00 deposit. The Shipper may request the GPS tracking service even if the vehicle being shipped is not contracted to PAT.
BY SIGNING THIS AGREEMENT, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO ALL TERMS STATED HEREIN WITHOUT PROTEST.
Enforcement & Agent Commitment:
This Agreement shall be construed and enforced in accordance with the laws of the State of Florida and PAT and the Shipper shall submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Broward County, State of Florida. If litigation results from or arises out of this Agreement or the performance thereof, the prevailing party shall be entitled to recovery of its costs and reasonable attorney’s fees.
The officer(s)/agent(s) of Plymouth Auto Transport, LLC pledge to conduct themselves in a professional and responsible manner while operating as the Shipper’s representative to fully insured and validly licensed motor carriers, and promise to communicate effectively and respond promptly to all questions and inquiries required by the Shipper. Furthermore, the officer(s)/agent(s) will use the best judgment when seeking to hire a reputable carrier to transport the Shipper’s vehicle, and will disclose all opportunities to the same end.