Plycar LLC, it’s employees and/or contractors will hereafter be referred to as “Carrier”. The Vehicle owner or its authorized agent will hereafter be referred to as “Shipper”.
The shipping agreement under these Contract Terms and Conditions are effective as of the Shipper’s execution of the Bill of Lading or when Carrier or Carrier’s agent takes possession of the vehicle. Payment under this contract and the Bill of Lading is due prior to shipment unless Carrier and Shipper have a signed corporate agreement. Accounts become overdue if not paid within 15 days of receipt of Bill of Lading. Carrier shall impose a late charge of 16% per annum on all overdue accounts.
ALL DELIVERIES MUST BE TRACTOR TRAILER ACCESSIBLE.
Plycar LLC does not guarantee delivery on any particular schedule and does not guarantee a pick-up or delivery location or address. Carrier will only arrive at a particular destination provided we are able to do so without damage to Carrier equipment, public or private property, and without violating any local, state or federal laws or ordinances.
The vehicle owner or authorized receiving agent must be available upon arrival of Carrier for delivery or vehicle will be placed in a storage facility. Vehicle owner will be responsible for storage, redelivery or any other fees incurred. If delivery is made without authorized receiver present, written authorization instructing us to do so and accepting the vehicle in good condition must be faxed or emailed to our office prior to delivery.
The terms and conditions of this contract will be entered into and binding upon Carrier taking possession of the vehicle to be shipped regardless of whether Shipper or authorized agents are available to sign this contract.
Plycar’s transport services are considered rendered once a Carrier is assigned to an order and begins to travel to the pick-up location. There will be a nonrefundable $500 fee for cancellation of commenced services due at the time of cancellation.
It is the responsibility of the Shipper or Shipper’s agent to prepare vehicle for shipment in much the same way if the vehicle were to be driven the same distance.
All vehicles must be empty and low on fuel with no items in the front seats at all. If items are in the back seats or trunk you will be charged $200 per section. No exceptions will be made.
All freight charges are to be paid in full prior to pick up and before any damage claims will be processed unless carrier official grants prior approval. Vehicles transported by Carrier under this Contract and Bill of Lading serve as collateral with a security interest position in favor of Plycar LLC until all charges have been paid and cleared.
Shipper agrees that Plycar LLC, it’s employees and/or contractors will not be liable for or responsible for the following:
1) Any mechanical malfunctions including, but not limited to, exhaust systems, alignment, suspension or tuning. It is impossible to determine if these items have prior damage before loading.
2) Any damage caused by or loss of loose parts or aftermarket equipment, that was not factory original when the vehicle was new.
3) Any damage caused by the freezing of the coolant system or batteries.
4) Any damage caused by Carrier’s attempt to start vehicles with dead batteries or that are out of gas.
5) Any damaged caused by the starting, running and driving of the vehicle during the time it takes to load and unload.
6) Damage to antennas that cannot be removed or lowered below the vehicle roof line.
7) Very minor scratches, paint chips, dings, hidden or latent defects too small to see in normal light.
8) Any damage or loss caused by the actions or authority of Government or Military Officials.
9) Any damage caused by or loss of personal items left inside the vehicle.
10) Any loss of use, loss of market value or any other consequential loss resulting from delays of delivery or damage caused by carrier.
11) Any damage caused by loss due to improper vehicle preparation for shipment.
12) Any damage caused by or loss due to any vehicle opening becoming unlatched or opening during transit including, but not limited to, hoods, trunks, doors, convertible tops, etc. In addition to the preceding, Plycar LLC will not be liable for or responsible for the following on open carrier transport:
• Any damage caused by a vehicle leaking fluids on another vehicle. Carrier cannot guarantee your vehicle will be on top.
• Any damage caused by Acts of God, exhaust fumes or industrial fall-out.
Damage claims will not be honored until freight charges have been paid and delivery receipt has been signed and/or shipper or his agent has taken possession of vehicle.
Damage claims must be noted in detail on the delivery receipt at the time of delivery and signed by the driver. Damage claims must be accompanied by 2 written estimates and photos of the damaged areas and mailed to Plycar LLC at our address.
Carrier reserves the right to hire an independent licensed adjuster and to pay the lowest estimates.
In the event any action, suit, or proceedings arising under this contract or the services to be performed hereunder, Carrier and Shipper agree that such claims shall only be brought in Suffolk County, New York, and Shipper expressly agrees to submit to the jurisdiction of the courts located in Suffolk County, New York, for that purpose. In case of any action, suit, or proceeding arising under this contract or the services to be performed hereunder, the prevailing party in such action, suit, or proceeding shall be entitled to its reasonable attorney’s fees and costs incurred. These Terms and Conditions shall be construed and enforced in accordance with, and governed by, the laws of the State of New York.
