CONTRACT TERMS & LIABILITY DISCLAIMER
MIKWAY LOGISTICS LLC is a fully licensed and bonded Transportation Broker registered with USDOT with a broker license MC# 14925. This agreement is between solely the customer and his, her or its duly authorized agents, (hereinafter referred to as ‘Customer’), and MIKWAY LOGISTICS LLC, (hereinafter referred to as ‘MIKWAY LOGISTICS’). 1. Customer understands that he/she is hiring the services of MIKWAY LOGISTICS to arrange the shipment of Customer’s vehicle(s) with a federally licensed and insured Contract Carrier (hereinafter referred to as ‘Carrier’). Carrier is authorized to operate and transport Customer`s vehicle between its pickup and destination locations set forth on the shipping order and Bill of Lading. Furthermore, Customer has thoroughly read and completely understands this agreement and will abide by these terms and conditions. 2. Customer has to be registered legal owner of the vehicle(s) and have authority to enter into this Agreement or has been duly authorized by the legal owner of the vehicle(s) to enter into this Agreement. 3. MIKWAY LOGISTICS agrees to provide a reliable and insured carrier to transport vehicle(s) as promptly as possible in conformance with Customer’s instructions but cannot guarantee pickup and/or delivery on a specific date or time. Customer may request pick up dates, but understands that while MIKWAY LOGISTICS will do all that can be done to meet Customers’s requests, due to the nature of the industry, such dates can only be requested and not guaranteed. Once a carrier is assigned to transport vehicle(s), Customer will be given the projected dates of pickup and delivery as well as the Carrier name and direct phone number. Any dates given by MIKWAY LOGISTICS are Carrier’s computations only and are provided solely to assist the Customer and Carrier in the arrangement of their schedules. Dates provided for pick up or delivery are never guaranteed, as certain conditions can alter a Carrier’s schedule ( i.e. weather and road conditions, scheduling or mechanical issues, a late customer, etc.). As such, Customer may never hold MIKWAY LOGISTICS liable for costs incurred as the result of any delays of any kind for any reason, including (but not limited to) any car rental fees or accommodation fees for Customer. MIKWAY LOGISTICS shall not be held liable for failure of mechanical or operating parts of Customer`s vehicle. Also, Customer understands and agrees to make themselves available at all times necessary through phone, email or fax numbers provided to MIKWAY LOGISTICS for any transport related issues until delivery of vehicle. 4. The total price for the transportation is factored using numerous pieces of information including (but not limited to) the size and/or weight of the vehicle(s). Misrepresentation to MIKWAY LOGISTICS of vehicle(s) size, weight and/or any modifications may result in additional fees and/or cancelation of the order. Customer agrees that MIKWAY LOGISTICS has the right to reject or cancel any order for any reason at any time. 5. If MIKWAY LOGISTICS is not advised of inoperable or oversized/modified vehicles prior to pickup, all extra charges must be paid in cash or money order to the Carrier upon delivery. Modifications include (but are not limited to): extended cab, crew cab, long bed, diesel, 4×4, dually, side steps, flip top conversion vans, extended length cargo vans, over sized (non-stock) tires and/or rims, lift kits, roof /ladder racks, lowered, ground effects, spoilers, fog lights, tool boxes, etc.. 6. MIKWAY LOGISTICS will charge the Deposit at the time of booking the order. However, the customer can cancel a shipping order at any time, at no cost and with no cancellation fee, as long as the order has not yet been assigned (dispatched) to a Carrier. If Customer decides to cancel the order after a Carrier has been assigned, $149 cancellation fee will be assessed, as our services have been rendered. Any remaining balance will be refunded in full. Order Cancellation request must be submitted via email and sent to support@carshipcentral.com. No cancellation via phone will be accepted. Any service fees or deposits unpaid by time of delivery will be added to the remaining balance and either collected by Carrier on delivery or charged on the credit card provided in this agreement before the vehicle(s) will be released at delivery. 7. Vehicle(s) is (are) considered in operational condition and must be able to be driven onto and off of Carrier’s truck under vehicle’s own power at all times during shipment unless clearly noted on Customer’s order as non-running or inoperable(‘INOP’). INOP vehicles must roll, steer and brake. If vehicle does not meet all three of these conditions, additional fees may apply. Vehicles that become non-operational during shipment, for any reason, will be subject to an additional, industry standard, non-operational fee of One Hundred and Fifty Dollars ($150.00). If vehicle is INOP and Carrier cannot physically reach the pick up or delivery location, a local tow truck may be used to assist in the service at the expense of Customer. Also, any Customer shipping INOP vehicle(s) may be required to help load or unload at Carriers’s discretion. 8. Customer agrees and understands that vehicle(s) must be free of cargo as neither MIKWAY LOGISTICS nor Carrier are licensed or insured to handle the transportation of “Household Goods”. Damage to, loss of, or fines issued to Carrier resulting from any unauthorized cargo present in vehicle during shipment are the sole responsibility of Customer. In addition, Customer must prepare vehicle for transport by providing any and all keys, disarming and providing necessary remotes for any alarm systems, and removing or retracting all antennas, loose items and/or protruding accessories from vehicle. No electronic equipment, valuables, plants, live pets, alcohol, drugs or firearms may be left in the vehicle. MIKWAY LOGISTICS and Carrier may not be held responsible for any damage to, loss of or damage caused by items left in Customer’s vehicle during transport. 9. It is Customer’s responsibility to ensure that vehicle(s) is(are) ready to be released to the chosen Carrier by the projected pickup date provided by Customer at the time of order placement. Failure to release vehicle(s) for any reason (including but not limited to: storage, auction, port, towing, mechanical, purchase fees, scheduling or personal issues, etc.) may result in cancelation and/or a ‘Dry Run’ fee . Standard fee for ‘Dry-Run’ is One Hundred Dollars ($100.00). Client may elect to reschedule a new Carrier through MIKWAY LOGISTICS (additional fees apply). 10. Carrier will be in touch with Customer by phone at the numbers provided by Client in order to schedule an appointment for pickup and delivery of vehicle(s). It is Customers’s sole responsibility to verify that all contact phone numbers and email addresses given to MIKWAY LOGISTICS, and consequently Carrier, are correct. In the event Customer is unable to meet Carrier at the appointed time for delivery and/or make payment of balance due, vehicle(s) may be stored in a facility chosen by Carrier at Customer’s expense. MIKWAY LOGISTICS will not be held responsible for any storage fees. 11. Payments for the balance due to Carrier (COD) must be made on or before delivery of vehicle(s) unless payment on pick-up (COP) is prearranged or payment was made in full to MIKWAY LOGISTICS at the time of order placement (Full-Payment). All COD payments must be made directly to Carrier in the form of cash, cashier’s check or money order payable to Carrier’s company name ONLY. In the event the client decides to arrange to make full payment with a credit card, the order will be subject to a 3.5% service charge. 12. MIKWAY LOGISTICS will not be responsible for demurrage at any Port Facilities. For Hawaiian / Alaskan / Puerto Rican transports, payment for the sea portion MUST be issued by client BEFORE vehicle arrives at the port. Once an order is received, a booking number will be provided to client with instructions for issuing payment. Failure to do so may cause delays and /or additional storage fees. 13. This contract is subject to all of the terms and conditions of Carrier’s straight bill of lading and any liability exclusions therein. MIKWAY LOGISTICS has no responsibility or liability for any damage to vehicle(s) and/or the contents of said vehicle(s) during transport or at any other time. Customer should under no circumstances release or receive vehicle(s) from Carrier without an inspection report (Bill of Lading/BOL) regardless of the time of day or weather conditions. Carrier and Customer, are required to verify, sign and obtain a copy of both pick up and delivery inspection reports. Failure to do so may result in Client’s inability to file a damage claim. Carrier’s insurance will ONLY process claims for damages due to Carrier’s own negligence. Damage must be reported to MIKWAY LOGISTICS within 24 hours of delivery and clearly listed on the BOL and signed by Carrier’s driver, no exceptions. In the event there is damage during transport, Customer must note those damages on the final inspection report, pay the remaining balance stated on this agreement (all monies owed for transport must be paid) and then contact Carrier’s main office as well as Carrier’s insurance company. Client will have to submit in writing a description of damage, clear pictures, and 2 estimates within 10 days of receipt of said vehicle directly to the designated carrier and his insurance company for any resolution to be initiated. Failure to note any damage on the final inspection report releases Carrier of any liability and could result in the inability to process a damage claim. 14. Neither MIKWAY LOGISTICS nor Carrier can be held responsible for damages caused by vandalism, acts of God (hail, fire, sandstorms, flooding, snow, tornadoes, earthquakes, hurricanes, etc.), objects flying from the road or objects falling from the sky during transport. 15. All Carriers selected by MIKWAY LOGISTICS must maintain the required insurance to protect Client’s vehicle(s) during transport. Once vehicle(s) have been dispatched to the selected Carrier, MIKWAY LOGISTICS will email Customer a copy of Carrier’s Operating Authority along with a copy of the active insurance, as well as, any and all pertinent contact information for Carrier. Copies of Carrier’s direct bill of lading must be obtained from the Carrier’s driver and/or Carrier’s office at the phone numbers provided. MIKWAY LOGISTICS grants their clients 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 MIKWAY LOGISTICS. Refusal of Carrier must be done at least 24 hours in advance of scheduled pick up and will result in a $50 rescheduling fee that will be charged in addition to the deposit on the credit card provided. 16. In the event that Carrier is unable to safely access the pickup or delivery addresses given by Customer (due to, but not limited to: entrance restrictions, low hanging branches, and/or narrow streets), Customer agrees to meet Carrier at a nearby location in order for Carrier to safely perform his service. Inability to meet Carrier at pick up and/or delivery may result in additional fees. 17. Customer understands that the vehicle(s) will be driven onto and off the truck at the driver’s discretion. 18. Client agrees and understands that these terms and conditions are the only contract between Client and MIKWAY LOGISTICS. This document is binding as it supersedes any and all verbal or written communications, and as such may not be changed or altered by MIKWAY LOGISTICS, or Customer. MIKWAY LOGISTICS reserves the right to change these terms and conditions at any time without previous notice. 19. This agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties further agree that any legal action arising out of this agreement must be filed in a court of jurisdiction within Palm Beach County, Florida and that MIKWAY LOGISTICS’s liability is limited to the amount of MIKWAY LOGISTICS’s service fee only. Client hereby submits to the jurisdiction of such courts and waives any right to jurisdiction in any other location. 20. MIKWAY LOGISTICS and/or its agents shall never be responsible for such force majeure events: -Damage not clearly noted on the Bill of Lading (inspection report), regardless of the time of day or weather conditions. -Damage to undercarriage, suspension, brakes, alignment, tuning, exhaust system, electrical system or battery as no evaluation or inspection of the previous condition of such parts is performed before pick up. -Damage to antennas (MIKWAY LOGISTICS strongly suggests retracting or removing of any and all antennas). -Damage to or loss of personal items or non-stock equipment including (but not limited to) audio and/or video systems, GPS equipment, tracking devices, phones and power windows/mirrors. -Fines due to personal items inside the vehicle(s). -Damage caused by objects flying from the road (rock chips, windshields, etc.). -Damage to cloth or vinyl roofs older than 2 years. -Damage caused by leaking fluids during transport, such as motor oil, transmission fluid, battery acid, coolant, anti-freeze fluid, power steering fluid. -Damage to driveways, buildings, walls, doors, gates, garages, yards, trees, plants, sidewalks, fences, awnings mailboxes or nearby vehicles. -Damage caused by Acts of God (hail, fire, sandstorms, flooding, snow, tornadoes, earthquakes, hurricanes, etc.). – Damage caused by acts of a public enemy, acts of terrorism, riots, strikes, labor disputes, fires, explosions, floods, acts or orders of civil or military authorities, or other causes beyond the reasonable control of the party declaring the force majeure events. – Clients should maintain their own insurance for these reasons. If vehicle is valued at a higher than market rate, we suggest you purchase a special insurance rider. 21. By either submitting your order online, sending us your order by fax or by email, MIKWAY LOGISTICS understands you are placing your order and accept the terms and conditions (in lieu of your signature) found here and on MIKWAY LOGISTICS web site(www.carshipcentral.com).