THIS AGREEMENTBY AND BETWEEN CAR SHIPPING CANADA, RIDS HOT SHOTS & PILOT SERVICES, ANY OF THEIR AGENTS, (CARRIER), AND, (SHIPPER) whos name is detailed in the form “shipping information”; FOR THE TRANSPORTATION OF SHIPPER’S VEHICLE which the details are outlined in the form “Shipping Information” SHIPPER WHEREAS, SHIPPER desires to hire CARRIER to provide transport services pursuant to this Agreement, and terms and conditions set forth herein;
AND WHEREAS, CARRIER desires to provide services in accordance with said terms and conditions and to receive compensation as provided herein;
NOW THEREFORE, in consideration of the agreements, promises, and terms and conditions herein, the Parties agree as follows:
SCOPE OF AGREEMENT CARRIER is a licensed motor carrier, registered with the COMMERCIAL CARRIER OPERATORS REGISTRATION AND THE CANADIAN DEPARTMENT OF TRANSPORTATION. CARRIER will provide transportation services as directed herein.
1. DEFINITION OF RUNNING AND NONRUNNING CARRIER deems VEHICLE/S running if VEHICLE/S: start, roll forward, roll backward, steer, engine runs, and breaks work. CARRIER deems VEHICLE/S NONRUNNING if the VEHICLE does not: start, roll forward, roll backward, steer, engine runs, and breaks work.
2. DECLARED VALUE SHIPPER has declared the total value of VEHICLE to not exceed the declared value outlined in the form “Shipping Information”
3. CARGO LIABILITY / INSURANCE CARRIER shall be liable to SHIPPER for loss or damage to VEHICLE occurring while in CARRIER’s possession, except to the extent that any loss or damage is caused by an act of God, or a public enemy, a public authority, an act of SHIPPER, its agents or assigns, or as a result of the inherent nature of the VEHICLE. CARRIER’s possession of VEHICLE under this Agreement shall begin when CARRIER has taken actual physical possession of said VEHICLE, and terminate upon tendering for delivery to SHIPPER’S designated destination. CARRIER’s monetary liability shall be limited to the value of the VEHICLE as stated on the “Shipping Info” email form filled out by the SHIPPER and in “SECTION 7 DECLARED VALUE”. SHIPPER agrees to pay all charges invoiced for additional insurance coverage in accordance with the value declared on the “Shipping Info” email form. CARRIER agrees to maintain in force and effect, policies of insurance providing vehicle cargo and liability insurance. It will selfinsure for cargo losses up to $200,000 and liability for up to $2,000,000. All claims are subject to a $500 deductible unless additional coverage is purchased by SHIPPER at aprox $00.03 per km. Exceptions include normal wear and tear items such as small dings, chips and minor scratches.
4. PERSONAL ITEMS No personal property may be left in the VEHICLE (boat, trailer, RV, or car) without authorization from the CARRIER prior to booking. All personal items that are left in the VEHICLE (boat, trailer, RV, or car) are shipped at the owner’s risk as the CARRIER does not assume any liability for the damage or loss thereto. Carrier’s insurance will only cover SHIPPER’s VEHICLE during transport against damage occurred by an accident or major vandalism.
5. DELIVERY DATES CARRIER does not guarantee pickup and delivery dates or intransit times but CARRIER WILL PICK UP AND DELIVER VEHICLE IN A TIMELY FASHION TO THE BEST OF CARRIER’s ABILITY. All dates and assertions made by CARRIER are best estimates made at the time the assertion was made. SHIPPER understands that CARRIER is affected by and not responsible for road closures, weather, equipment failure & repairs, Department of Transportation Drivers Regulatory hours of service limitation, and alien invasions. CARRIER will not honor any auto rental accrual by the Shipper under any circumstances.
6. PROHIBITED CARGO The following items are strictly prohibited from being in the vehicle: firearms, ammunition, flammable products, explosives, medication, illegal narcotics, alcohol, jewelry, art, expensive electronics, precious metals, furs, money, pets, plants, and contraband. SHIPPER agrees that the CARRIER may confiscate and/or dispose of said items with no remuneration, will contact the relevant authorities (law enforcement, animal services, etc.) and fully cooperate.
7. PARTIAL PAYMENT SHIPPER agrees and understands that CARRIER incurs costs due to but not limited to driver/s wages, fuel (average $350.00 to fill CARRIER’s Truck), automotive consumables (oil, various fluids), wear and tear on vehicle (mechanical, body, tires) before SHIPPER’s VEHICLE is in CARRIER’s possession. SHIPPER agrees and understands that efficient logistical planning is essential to the operation of CARRIER’s business and without it there is a loss of income. PARTIAL PAYMENT is required to book SHIPPER’s VEHICLE (unless special arrangements are documented within this agreement) for the reason that if SHIPPER cancels CARRIER will have already invested capital into arranging pick up of SHIPPER’s VEHICLE/S and loss due to time invested in the logistical arrangement of SHIPPER’s VEHICLE. REFUNDS ARE AT THE DISCRETION OF THE CARRIER
8. REGULAR DELIVERY This is the CARRIER’s standard delivery option and will be arranged prior to PICK UP. PICK UP and DROP OFF points are detailed in this agreement and can be changed by CARRIER if deemed necessary due to but not limited to unsafe for the VEHICLE or CARRIER’s driver, unreachable, inaccessible by the CARRIER’s equipment. In the event CARRIER changes DROP OFF or PICK UP points the SHIPPER will be informed in the quickest possible manner verbally, by phone and/or by email, and the closest possible location will be arranged.In the event of a change of PICK UP or DROP OFF points. Additional fees may be applied if SHIPPER was negligent in ascertaining viability of PICK UP or DROP OFF points at the CARRIERS discretion, these are detailed in section 16 “ADDITIONAL FEES”
9. PROPER ACCESS The SHIPPER guarantees access at both PICK UP LOCATION and DROP OFF LOCATION. Access is defined as enough space to maneuver a large truck and/or trailer (6080 feet long) to load and unload a running and non running VEHICLE. Additional fees may be applied if SHIPPER was negligent in ascertaining viability of PICK UP or DROP OFF points at the CARRIERS discretion, these are detailed in section 16 “ADDITIONAL FEES”
10. SPECIAL PAYMENT ARRANGEMENTS such as but not limited to: full payment to CARRIER by SHIPPER upon pick up of VEHICLE, payment upon delivery, payment upon net 15, 30, 60, 90, are all legally binding payment arrangements and are non negotiable once agreed upon unless CARRIER deems necessary. Terms are set in this agreement under section 5 “PAYMENT AGREEMENT”
11. Additional Fees May Apply, In the Event of: (a) CARRIER’s driver has to wait any longer than one hour, to load or unload the vehicle , at the CARRIER’s discretion they can charge up to $120.00 per hour for waiting (b) In the event it takes more than 15 minutes to load the vehicle at pickup address, or unload the vehicle at the delivery address, due to negligence of the SHIPPER the CARRIER at their discretion, may charge up to $120.00 per hour (c) In the event the vehicle does not run, or start, and it’s not disclosed on this service order, the customer will be charged an additional $200.00$500.00. The price will range depending on the difficulty of loading and unloading the vehicle, at the discretion of the CARRIER.
12. REFUND DUE TO CANCELLATION In the event SHIPPER cancels the service a refund will or will not be be issued at the sole discretion of the CARRIER. In the event the CARRIER issues a refund, before any reimbursements, the following charges shall be assessed: A cancellation fee of $200 CAD will be charged to the SHIPPER if the total shipping price is $1000 or less, or 25% of the total shipping price if the total shipping price is above $1001 CAD subsequent to CARRIER dispatching a Driver to take possession of the VEHICLE/CARGO (freight, boat, trailer, RV, or car). This charge will be in addition to any and all expenses incurred by the CARRIER.
13. VIOLATION OF PAYMENT ARRANGEMENTS If the terms are violated by SHIPPER upon delivery this will result in the CARRIER taking these actions (a) enforcement of the Garage keepers act/ Repairers Act (b) immediate impound of the VEHICLE/S (c) SHIPPER will be responsible for storage cost at an unspecified daily rate as the CARRIER will have to find the closest impound arrangement as to not incur further losses (d) daily rate of a 3% interest rate will be applied to the outstanding balance if CARRIER deems payment arrangements not acceptable and all previous relative costs have not been paid in full within 30 DAYS VEHICLE/S WILL BE AUCTIONED AND/OR SOLD, the outstanding balance paid to the CARRIER, and the remaining funds paid to the SHIPPER. The SHIPPER waives all rights to involve police and litigation and agrees to this section without limitation.
14. PERMISSION TO OPERATE As the legal owner or agent of the legal owner of the VEHICLE/S you are giving permission to the CARRIER; Carrier and driver or agents, jointly and separately, are authorized to operate and transport the vehicle(s) from point of origin specified to point of departure for service, and to the final specified destination. Carrier is authorized to drive said vehicle for pickup/delivery purposes.
15. FORCE MAJEURE In the event that performance by any Party is affected by any cause beyond the reasonable control, including without limitation, fire, labor strife, riot, war, weather conditions, acts of a public enemy, acts of God, acts of terrorism, local or national disruptions to transportation networks or operations, material equipment repairs, fuel shortages, governmental regulation or request or requisition for national defense, and provided that the applicable cause is not attributable to the acts or omissions of such Party, and such Party is taking reasonable measures to remove or mitigate the effects of the applicable cause, the running of all periods of time mentioned herein and the performance of all obligations required herein shall be suspended during the continuance of such interruption, and such Party shall promptly notify the other of such interruption. Such period of suspension shall not in any way invalidate this Agreement, but upon the resumption of operations, any affected performance by such Party shall be resumed.
16. NOTICES Any notice required to be given under this Agreement shall, unless otherwise indicated, shall be deemed sufficiently given if it is delivered by hand or sent by prepaid mail, registered or certified, return receipt requested, by a nationally recognized courier, or facsimile transmission with conforming copy sent by first class mail, to the address or fax number and to the attentions of the individual or department noted on the signatory provision hereof.
17. ENTIRE AGREEMENT This Agreement, and any attached Appendices, constitutes the entire agreement between the Parties, and supersedes any prior agreements, representations, warranties, statements, promises, arrangements, and understandings, whether oral or written, expressed or implied, with respect to the subject matter hereof.
18. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. This Agreement may not be assigned by either Party without the written consent of the other Party, except to a wholly owned subsidiary of such Party.
19. AMENDMENT No amendment or modification of the terms of this Agreement shall be binding unless in writing and signed by the Parties.
20. SEVERABILITY Any term or provision of this Agreement that is held to be invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other jurisdiction.
21. NO WAIVER The failure or delay by a party to enforce any provision of this Agreement will not in any way be construed as a waiver of any such provision or prevent that party from thereafter enforcing any other provision of this Agreement. The rights granted both parties hereunder are cumulative and will not constitute a waiver of either party’s right to assert any other legal remedy available to it.
22. COUNTERPARTS This Agreement may be executed in one or more counterparts, any or all of which constitute one and the same instrument.
23. GOVERNING LAW This Agreement shall have precedence over any federal or provincial provision governing or dealing with the specific provisions of this Agreement. The laws of British Columbia and the laws of Canada applicable in that province, excluding any rule or principle of conflicts of law that may provide otherwise, govern this agreement. No Party shall challenge this agreement on the grounds that any such provision violates the waived rights and remedies.
24. CHOICE OF FORUM This Agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by and under the laws of British Columbia, Canada (without giving effect to principles of conflicts of laws). SHIPPER irrevocably and unconditionally submits to the jurisdiction of and venue in, federal and provincial courts located in British Columbia, Canada for any proceeding arising under this Agreement, and TO THE EXTENT PERMITTED BY APPLICABLE LAW, CARRIER AND SHIPPER EACH WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY LITIGATION ARISING HEREFROM OR IN RELATION HERETO
25. CONFIDENTIALITY The parties shall keep in confidence and not disclose to any third party, the terms of this agreement, nor any confidential or propriety information about the other Party, such as, but not limited to rates, value, origin, insurance claims, damages, destination, or destination or consignee of any shipment hereunder. The Parties may disclose such terms and information to the extent required only by a court of law and law enforcement.
26. USE OF NAME PROHIBITED Neither Party may use the other’s name, trademarks, or trade names, in any manner, without the express written consent of the other.
27. COMPLIANCE WITH LAWS AND REGULATIONS The Parties shall, at all times, comply with all applicable federal, provincial, and municipal laws, rules, and regulations.