San Diego Auto Shipping Terms and Conditions
These Terms and Conditions are a contract between San Diego Auto Shipping and the consumer, along with their duly authorized agents (hereinafter referred to as the “Consumer”). Any vehicle transportation booked by the Consumer through San Diego Auto Shipping is subject to these Terms and Conditions, as well as to the terms specified in the Bill of Lading. Consumers can receive copies of these documents upon request.
In addition, these contract Terms and Conditions shall be incorporated by reference into and made part of any and all orders placed with San Diego Auto Shipping by the owner(s) or agent(s) designated in the Order Form.
San Diego Auto Shipping is a bonded and fully licensed Transport Management Company registered with the USDOT. The Consumer understands that San Diego Auto Shipping is a registered transportation and property broker. As such, San Diego Auto Shipping only acts in the capacity of a broker. Thus, the Consumer allows San Diego Auto Shipping to contract licensed and insured Motor Car Carrier(s), (hereby referred to as “Carrier”) to transport the Consumer’s vehicle(s), as laid out in the shipping Order Form.
By partaking in a transaction with San Diego Auto Shipping, the Consumer understands and agrees to the following terms and conditions. Furthermore, the Consumer waives any claims based on not reading or understanding these terms and conditions. This means that the Consumer will not hold San Diego Auto Shipping responsible for any costs or fees that arise due to not reading, understanding, or having knowledge of these contract terms for San Diego Auto Shipping defined below. Moreover, these terms and conditions are subject to changes, alterations, or updates by San Diego Auto Shipping at any time.
Conditions of Pickup and Delivery
1. The Consumer acknowledges and agrees that San Diego Auto Shipping is authorized to arrange transportation from pickup location to the destination location, as specified in the Order Form. Likewise, the Carrier, which will be assigned by San Diego Auto Shipping, is approved to transport the Consumer’s motor vehicle(s) from the locations designated for pickup and drop off. And these locations shall be determined within the shipping order and Bill of Lading.
2. Then, the designated Carrier will pick up and deliver the Consumer’s vehicle(s) as close to the Consumer’s desired locations as possible. This shall be done according to legalities as well as safety concerns. A new location might be agreed upon between the Consumer and Carrier if necessary, due to any legal concerns (like restricted areas, etc.) or unsafe conditions (like low hanging trees, hanging wires, narrow streets, etc.).
3. There are absolutely no guarantees for dates and times regarding pickup or delivery. Weather issues, mechanical problems, road delays, or other unforeseen conditions could result in delays prior to and/or during shipment. Thus, San Diego Auto Shipping will provide the Consumer with an estimated, but not guaranteed, date for delivery and pickup.
4. In addition, San Diego Auto Shipping will not be held responsible for any costs of damages or losses that occur due to delays of any kind or for any reason. This includes Consumer’s car rental fees or other types of accommodation fees. In addition, San Diego Auto Shipping cannot be held liable for the failure of mechanical or operating parts of the Consumer’s vehicle.
5. The Consumer must prepare their vehicle(s) for the shipment process. Any items that are not permanently attached to the vehicle should be removed before the transport. The Consumer must remove and/or secure any loose parts (like any low hanging spoilers, fragile accessories, etc.) Additionally, the Consumer must remove any outside mounted storage or racks.
6. The Consumer also must disable any alarm system installed in the vehicle. If they do not, they need to provide instructions for the Carrier to do so. If they do not provide the Carrier with keys or instructions to turn off an alarm and the alarm sounds, the Carrier is authorized to silence the alarm by any means.
7. The Consumer must present all vehicles to the Carrier in good running condition, unless otherwise noted within the order or previously discussed. If any part of the vehicle falls off during the transport, it is the responsibility of the Consumer, not the Carrier. This also includes any damages resulting from those parts to any vehicles(s) and/or person involved.
8. San Diego Auto Shipping ships vehicles nationwide, therefore it provides auto shipping services to Alaska, Hawaii, and Puerto Rico by the use of vessels. Thus, for any orders involving Ocean Transport, the Consumer must completely empty the vehicle(s) of everything besides factory-installed equipment.
9. If the vehicle designated on the shipping order is inoperable or oversized (ex. dual or oversized wheels, lifted, racks, extra-large, limo, etc.), the Consumer must notify San Diego Auto Shipping and inquire about possible extra charges.
10. If the Consumer is unavailable to be present at the point of pickup or delivery for any reason, they must elect another person to act as their agent. Even when designating an agent, the Consumer understands that all the same terms and conditions apply.
Personal Belongings in Vehicle
11. The Consumer may place personal belongings inside the vehicle to be transported. Generally, if the luggage or belongings exceed 100 lbs., the Consumer should discuss the matter directly with the Carrier. Both the Carrier and San Diego Auto Shipping are not liable for any personal belongings left in the vehicle. Also, neither are liable for any damages caused to the vehicle due to excessive or improper loading of said personal belongings.
12. The Carrier will never ship or agree to ship any dangerous or harmful personal belongings in the Consumer’s vehicle(s). This includes, but is not limited to the following: explosives, firearms, ammunition, flammable materials, negotiable or legal papers, narcotics, alcoholic beverages, jewelry, money, live pets, furs, live plants, etc. Essentially, no items will be transported by the Carrier that are considered illegal or dangerous. The Consumer agrees that San Diego Auto Shipping or the Carrier is authorized to remove and/or dispose of said dangerous items. In the case of this situation, no compensation will be given to the Consumer.
13. Likewise, both the Carrier and San Diego Auto Shipping will not be held responsible for delivery of any personal property. If the Consumer wants to leave anything in the vehicle, it is at the Consumer’s own risk.
14. Both the Consumer and the Carrier must thoroughly inspect the vehicle for any pre-existing damages (in terms of the exterior) at the time of the pickup. Then, they should complete a vehicle inspection report. This report is then recorded on the Bill of Lading. Both the Carrier and Consumer must acknowledge and agree upon the condition of the vehicle at this time. Then, the Consumer has to sign the Bill of Lading. They should receive a copy after it is signed.
15. At the time the vehicle is delivered, the Consumer, with the Carrier present, should thoroughly inspect the vehicle again, looking for any damages that occurred during the transportation process. Then, the Carrier and Consumer must both acknowledge and agree on the current condition of the vehicle. Afterward, the Consumer shall sign and then receive the final copy of the Bill of Lading.
16. If there are any damages, they must be written on the Bill of Lading in the designated place. After, indicating damages, the Consumer needs to sign the Bill of Lading. If the Consumer signs both the Bill of Lading and the inspection report without noting any damages, that means that the Consumer has agreed and verified that they received the vehicle in an acceptable condition. This also verifies that the Carrier no longer is responsible or liable for anything involving the Consumer’s vehicle.
17. All responsibility is given to the Carrier after signing the Bill of Lading. The Carrier is required by law to carry a Cargo and Liability Insurance policy. All insurance claims must be submitted in writing within 24 hours of the delivery of the vehicle(s). San Diego Auto Shipping will provide the details of the Carrier’s insurance policy to the Consumer upon request. The Consumer agrees that San Diego Auto Shipping is not responsible for any property damage claims to the Consumer’s vehicle. Instead, the liabilities fall upon the Carrier and the Carrier’s insurance. However, neither San Diego Auto Shipping nor the Carrier will be held responsible for damage caused by force majeure (i.e. damage from storms) or any damages that occur from worn/broken parts of the vehicle or added personal belongings.
18. The Consumer also agrees and understands that San Diego Auto Shipping is only responsible for procuring a Carrier for the shipment of the Consumer’s vehicle/property. Thus, it is the Carrier that accepts all responsibility of the vehicle after the first inspection is completed and the Consumer signs the Bill of Lading. After the Carrier delivers the vehicle, the final inspection is completed, and the Consumer signs the Bill of Lading, the Carrier is no longer liable.
Deposits and Payments
19. After San Diego Auto Shipping has selected, assigned, and dispatched a Carrier for the Consumer’s shipping order, San Diego Auto Shipping will notify the Consumer based on the contact information given during the booking process. For all orders placed through San Diego Auto Shipping, a deposit consisting of a small part of the payment is required at pickup.
20. This nonrefundable deposit is calculated according to factors of the shipment. This includes variable such as the type and condition of the vehicle; the type of shipment requested; and the distance of the shipment (according to the pickup and drop off locations).
21. San Diego Auto Shipping’s services are considered rendered once a Carrier is assigned to an order and begins travel to the pickup location. Thus, the small deposit fee charged upon the pickup is considered the payment for services already rendered. For this reason, the deposit is nonrefundable. Any remaining payments are due to the Carrier at the time of delivery.
22. The Consumer is responsible for providing the full payment owed when the Carrier delivers the vehicle. These payments can be made in the form of money order, cash, or cashier’s check. Other forms of payment, such as business checks, credit or debit cards, should be agreed upon between the Carrier and the Consumer prior to the delivery. Please note that funds must be made payable to the delivering Carrier and not to San Diego Auto Shipping.
23. If the Consumer is unable to make the payment, the Consumer understands that the vehicle will then be stored, at Consumer’s expense. The vehicle will be held until the Consumer pays all transport charges in full. Additionally, if the Consumer (or the Consumer’s selected agent) is unable to accept the delivery for any reason, the vehicle will also be stored. Then, any storage and/or re-delivery charges will be the responsibility of the Consumer.
24. Additionally, the Consumer agrees to pay the full price of the shipment that is owed to San Diego Auto Shipping or the Carrier in full. This means that the Consumer agrees to not attempt to dispute the payment for any reason (such as damage claims, delays, or other unforeseen circumstances). If there are any of these issues, the Consumer must note them on the Bill of Lading. After, the Consumer should file a claim with the Carrier’s insurance. This is considered a separate matter than the payment for the transportation services.
No Cancellation Fee
25. If the Consumer chooses to cancel their order, they must contact their representative or another member of San Diego Auto Shipping right away. The Consumer has the option to cancel a transportation order with San Diego Auto Shipping at any time with NO CANCELLATION FEE.
26. The Consumer agrees that San Diego Auto Shipping also has the right to reject or cancel any order. San Diego Auto Shipping may cancel an order for any reason and at any time.
27. According to this agreement, San Diego Auto Shipping is relieved from any and all actual or alleged causes of action, loss, liability, claims, demands, injuries, and/or damages (to persons or property).
28. San Diego Auto Shipping is not responsible no matter if these are brought by an individual or another entity and then imposed by a court of law or by the administrative action of any federal, state, or local agency, as a result of any acts, negligence, omissions, or willful misconduct of San Diego Auto Shipping or the Carrier (or any personnel, agents, or connected parties). This includes, without limitation, the payment of any penalties, fines, attorney’s fees, or other related expenses, as well as any reimbursements to the Company for all legal expenses and costs incurred by it.
29. Likewise, these terms shall override all previous written or oral communication between San Diego Auto Shipping and the Consumer. Once a Consumer books the services of San Diego Auto Shipping, they have agreed to all of the above terms. The Consumer warrants that they have read this agreement in its entirety and accepts the terms.