Contract Terms of Services & Agreements
1. Butler/TrueCar Auto Transport will hereafter be referred to as BAT/TrueCar, LLC and is a US Government Licensed (Intrastate Commerce Commission) Broker DOT 2632073; MC 0914028 in this transaction. This agreement is made and entered electronically by and between BAT/TrueCar and said parties stated in service order, with whom is the said party in service contract. The contract terms and agreement are effective immediately; authorizing BAT/TrueCar to act as your agent in reserving available space to ship said vehicle(s) with an authorized, licensed and insured auto transport carrier.
2. BAT/TrueCar does agree to arrange to have said vehicle(s) described in your service order shipped on or around the first available dates provided depending on the carrier/transporters scheduling and availability. BAT/TrueCar will designate a licensed and insured carrier/transporter to fulfill the service request. All costs are estimated in good faith and are subject to a fuel surcharge, weight and measurement verifications (which will be determined when arriving at its final destination). BAT/TrueCar does not guarantee any specific pickup or delivery dates due to road conditions, traffic, truck engine problems, previous customer delays, Mother Nature, medical issues, weather and etc. We will not be responsible for any delays for any reason. After scheduling has been confirmed with an authorized carrier/transporter the contact person you provided at the origin will be notified via telephone. At this point BAT/TruCar has fulfilled our service agreement. We will however follow thru with any issues or concerns you have during the transport of your vehicle and will do our best to direct you and furnish any accurate and suitable information necessary.
3. BAT/TrueCar does require a pre-payment for each vehicle being shipped (does not apply to sea/ocean shipping) that must be paid in advance in the form of a Visa/MasterCard, Debit Card or PayPal. (Sea/Ocean shipping bookings are to be prepaid in full prior to loading the ship). Any payment arrangements in your prepayment amount are subject to additional costs and does require BAT/TrueCar managements team’s approval. Notification of the approval will be given verbally and shipper/customer will be responsible for any balances incurred and owed. All terms and conditions stated here in does apply to all payment arrangements. Quotes are only estimated in good faith and are valid for 5 days from the date received, they are also subject to change without notice.
4. Your service order is subject to all terms & conditions of the carrier/transporters straight bill of lading (BOL) once shipment has been confirmed for pick up by a carrier/transporter. Copies of which are available at the office of the carrier/transporter. Please contact carrier/transporter for a copy of their original BOL. This means that any and all claims for delays, and or damage must be made directly through the carrier in which you were assigned. Please refer back to the email sent to you at the time scheduling had been confirmed to retrieve the contact information. You may also call our office 1-800-722-7451 to have that information re-emailed to you. BAT/TrueCar is not responsible for any delays or damage as our services have been rendered. Any disputes arising must be made directly with the carrier whom shipped your vehicle(s).
5. You, the customer/shipper verifies the vehicle(s) is free of contents, to and including trunk. If in fact the vehicle is loaded with items, the carrier/transporter may charge additional fees for overloading and may also decline the transport of your vehicle(s). If your vehicle is declined for/at pick up by the carrier/transporter BAT/TrueCar will resubmit your shipping order to the dispatch department for rescheduling. A re-scheduling fee will be automatically assessed to your account and due upon receipt. The carrier/transport company originally assigned & scheduled could charge a “dry run” fee to the shipper/customer directly. Any disputes arising regarding any additional fees assessed by the carrier must be made in writing directly to the carrier.
6. You, the customer/shipper must, in their absence, designate a person to act as their agent at the point of pick-up and delivery. In which is noted by customer/shipper on the service order form. Please inform your contact person at the pick up location that they will be notified (via numbers provided) in advance of time frames that the carrier/transporter will be arriving. If the carrier/transporter is sent to acquire the vehicle(s) and it is not there, is unavailable, has been moved or cannot be picked up for any reason the customer/shipper authorizes BAT/TrueCar to assess a rescheduling/reposting fee. Please note: the carrier may also invoice the primary customer a “dry run” fee, mileage charges, and any additional charges they deem necessary. If there is a dispute arising from amounts billed from the transporter/carrier, they must be taken up directly with whom was contracted to pick up said vehicle(s).
7. The carrier/transporter is not responsible for damage caused by freezing of engine, cooling system, batteries, or leaking fluids, etc while in transit. The customer/shipper is responsible for preparing the vehicle for transport, including: disarming any alarms, removing any loose parts, accessories, hanging spoilers, etc… The carrier/transporter will not be responsible for any exhaust system, mufflers, tail pipes or any mechanical malfunction damage to include engine, transmission, rear end, wiring systems, stereo systems, air bags, brakes, clutches, computerized components (anything that’s is mechanical or electrical). The carrier/transporter will not be responsible for any convertible tops that are loose, torn, or have visible wear. This includes any canvas or material covering.
8. All vehicle(s) to be delivered with a balance owing shall be paid by CASH or MONEY ORDER payable directly to the carrier/transporter. Should delivery be attempted after proper notification and customer/shipper or his/her designated agent does not have proper funds or is unavailable to receive delivery, vehicle(s) will be taken to a terminal. The customer/shipper will be responsible to retrieve and is responsible for all fees involved in the storage and release of vehicle and or re-delivery fees. It is the customer’s/shipper's responsibility to have payment in full when transporter/carrier arrives. If transporter/carrier notices that he is unable to drive to the address at the time of delivery the customer agrees to meet the transporter at a nearby location closest to the delivery address provided by customer/shipper. The customer/shipper agrees that if the payment cannot be made at the time of delivery by cash or cashier’s check, the vehicle will be stored at the nearest terminal at the customer’s/shipper's expense.
9. The customer/shipper agrees that should this vehicle become inoperative for any reason at pick up or during the transport, a $125.00 winch fee will be assessed to the customer/shipper and payable at the time of delivery. Vehicles that are over-sized or different from original said order may incur additional charges from the transporter/carrier.
10. The transporter/carrier has primary insurance responsibility during transit of your vehicle. Any and all claims will be settled at actual cost with the Carrier that shipped your vehicle(s). All claims are to be made directly through the carrier who transported you vehicle(s). Please refer to the transporter's/carrier’s bill of lading (BOL) for information regarding the claim process and phone numbers. The customer agrees that the BOL is the only contract between the parties covering the transport after pick up confirmed. No claim or legal action of any kind may be initiated against the transport broker, BAT/TrueCar. Exceptions for damage must be noted by customer/shipper or customer’s/shipper's agent on the post trip inspection form BOL at the time of delivery, any claim for damage not documented on the post trip inspection will not be honored as per the carriers straight BOL.
11. In some cases, if after all reasonable efforts are made to ensure the move of your vehicle have been exhausted: The Broker, BAT/TrueCar will contact you to discuss different options for better transportation arrangements, to include possibly researching other companies that may be able to assist you quicker. If canceling your order with BAT/TrueCar refund (broker fee only) of what you paid BAT/TrueCar will be processed for credit. If after 30 days your vehicle has not been scheduled for pick up, you will be refunded for the Service/Broker Fee that you have paid BAT/TrueCar. If cancellation was made prior to scheduling within 30 days from the first available date of pick up, a refund will be processed accordingly. Please remember there is a $75.00 per vehicle non-refundable fee on all shipments.
11. Returned checks fees are $42.00 and are due upon receipt of notification of email. If for any reason payment is not received within 30 days from the date of receipt, your account will be turned over for collections. All incurred costs for collection of monies due to and including collection fees and attorney fees will be the sole shipper/customer’s responsibility. All fraudulent chargeback requests that are debited from our account will result in and a 18% additional charge and if not re-paid to BAT/TrueCar within 15 days it will be immediately sent to collections and a possible LIEN put onto the vehicle shipped.
12. You may cancel your order at any time; cancellations MUST be made via email to email@example.com or by calling our office. Once cancellation has been received it will be submitted to accounting for the refund process which could take up to 30 days. If a chargeback request is received prior to the waiting period of your cancellation request your account will be billed a $30.00 merchant assessment fee and billed $89.00 per hour for administrative costs for research and responses. If a transporter/carrier was assigned and dispatched to pick up your vehicle there is no refund due. Please remember there is a $75.00 NON REFUNDABLE FEE per vehicle. If a chargeback request is received prior to the waiting period of your cancellation request. You will be assessed a $45.00 Merchant Assessment Fee. All chargeback requests that are debited from our account will also incur administrative costs of $89.00 per hour for research and response cost. It will also be subject to late charges. If your debt is not paid and received by our office within 15 days it will be immediately sent to collections and a possible LIEN put onto the vehicle shipped. NO EXCEPTIONS
13. Non-disparagement clause, BAT/TrueCar has very serious internal procedures for complaints and disputes to be addressed and resolved. You agree that you will not (nor will you cause or cooperate with others to) publicly criticize, ridicule, disparage or defame the Company or its products, services, policies, directors, officers, shareholders, or employees, with or through any written or oral statement or image (including, but not limited to, any statements made via websites, blogs, postings to the internet, or emails and whether or not they are made anonymously or through the use of a pseudonym). You agree to provide full cooperation to resolve/mediate and assist in assisting the Company or their Attorney to investigate such statements.
14. Customer shall defend, indemnify, and hold harmless BAT/TrueCar from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, imposed by a court of law or by administrative action of any federal state or local agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of BAT/TrueCar, or the Carrier, its personnel, employees, agents, or contractors in connection with or arising out of BAT/TrueCar or the Carrier’s actions. The indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, attorney’s fees, and related costs or expenses, and any reimbursements to BAT/TrueCar for all legal expenses and costs incurred by it.
15. This agreement shall be construed in accordance with the laws of the State of Nevada. The parties here agree that all actions or proceedings arising in connection to this agreement shall be tried and litigated exclusively in the State or Federal (if permitted by law and a party elects to file an action in federal court) courts located in Cook County, in the state of Nevada. This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this section. Each party waives any right it may have to assert the doctrine of forum non-convenience or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section. By action of this provision, the parties agree to submit to the personal jurisdiction of the aforementioned court.
16. We reserve the right to refuse and or cancel service to anyone who violates any of the terms and agreement written above. Alternatively, for any other reason we feel necessary, ie: Threats, harassment, etc.
17. You also agree to these terms at the time the order is reserved, booked and/or when the email was accepted. Terms of Service and this Agreement is subject to change by BAT/TrueCar Management at any time. Discounted prepayments also apply to all of the above. All estimates are subject to weight & measurement verification.
* Fuel Surcharge is subject to the current carrier’s rates and could be added to your total cost (it can be anywhere from 7% - 18%). You will be notified via email if a FSC does apply (for most part it doesn’t).
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