Terms & Conditions

1. Pick-Up Scheduling

1. (a)

   The First Available Pick-up Date is the earliest date on which a Carrier may pick up the Vehicle. It is not a scheduled pick-up date.

2. (b)

   The pick-up window begins on the First Available Pick-up Date and continues until a Carrier is Dispatched and picks up the Vehicle (the “Pick-Up Window”). The length of the Pick-Up Window depends on the route, the pick-up and delivery locations, the season, the transport type, the Vehicle’s size and condition, the weather and Carrier availability. Some Orders, including Orders on less traveled routes or to or from rural or remote locations, may require significantly more time to schedule a Carrier.

3. (c)

   From the First Available Pick-up Date until pick-up, the Customer must keep the Vehicle ready and available and must remain reachable by phone and email.

4. (d)

   After Dispatch, the Company will send the Customer a dispatch notice with the Carrier’s information and estimated pick-up and delivery dates. The Carrier will generally contact the Customer before arriving to confirm the approximate time and location. All dates and times provided by the Company or the Carrier are estimates only. They are not guaranteed and may change.

5. (e)

   Neither the Company nor the Carrier is responsible for any cost or loss the Customer incurs because of the timing of pick-up. This includes travel, lodging, airline or other tickets, rental vehicles, vacation plans, missed events and lost time or income. Neither the Company nor the Carrier is responsible for any emotional distress, stress, anxiety or other non-economic harm experienced by the Customer as a result of pick-up delays.

2. Delivery and Estimated Transit Times

1. (a)

   Transit time begins on the date the Carrier actually picks up the Vehicle. It does not begin on the First Available Pick-up Date, the Order date or the Dispatch date.

2. (b)

   The following estimated transit times are provided for planning purposes only:

   Distance	Estimated Transit Time
   Up to 500 miles	1 to 3 days
   501 to 1,000 miles	2 to 4 days
   1,001 to 1,500 miles	3 to 5 days
   1,501 to 2,000 miles	4 to 6 days
   2,001 to 2,500 miles	5 to 7 days
   2,501 to 3,000 miles	6 to 8 days
   More than 3,000 miles	7 to 10 days

3. (c)

   All transit times are approximate estimates. Actual delivery times may vary based on seasonal demand, the pick-up and delivery locations, the transport type, weather conditions, road conditions, Carrier availability and other circumstances that affect transportation. Neither the Company nor the Carrier guarantees a delivery date or time.

4. (d)

   Neither the Company nor the Carrier is responsible for any cost or loss the Customer incurs because of the timing of delivery. This includes travel, lodging, airline or other tickets, rental vehicles, vacation plans, missed events and lost time or income. Neither the Company nor the Carrier is responsible for any emotional distress, stress, anxiety or other non-economic harm experienced by the Customer as a result of delivery delays.

3. Pick-Up and Delivery Locations

1. (a)

   Door-to-door service means that the Carrier will pick up and deliver the Vehicle as close to the addresses in the Order Agreement as the Carrier can legally and safely reach with a full-size car carrier. It does not mean that the Carrier will reach the exact address in every case.

2. (b)

   Many locations cannot be reached legally or safely by a full-size car carrier. Examples include narrow or dead-end streets, low-hanging trees or wires, weight or size restrictions, gated or private communities, homeowners’ association rules, municipal zoning restrictions, construction and road closures.

3. (c)

   The Carrier’s driver decides, using the driver’s reasonable judgment, whether an address can be reached legally and safely. If it cannot, the driver will select an alternate location reasonably near the address. The Customer agrees to meet the Carrier at that alternate location.

4. (d)

   An alternate location is a public and lawful location where a full-size car carrier can safely stop, load and unload, such as a commercial parking lot, shopping center or gas station.

5. (e)

   Meeting the Carrier at an alternate location is part of door-to-door service. It is not a change in service and does not entitle the Customer to a refund or discount. If the Customer refuses to meet the Carrier at the alternate location, the refusal is treated as a failure to be present under Section 6.

6. (f)

   The Customer must disclose any known access restrictions at the pick-up and delivery locations when placing the Order.

4. Vehicle Preparation and Personal Items

1. (a)

   Before pick-up, the Customer must do the following.

   1. (i)

      Remove all personal items from the inside and outside of the Vehicle, including the trunk, cargo area and truck bed. The Vehicle must be empty except for factory-installed equipment, such as the spare tire and jack.

   2. (ii)

      Remove or secure loose parts, fragile accessories and low-hanging spoilers, and remove non-permanent accessories, such as bike and luggage racks.

   3. (iii)

      Remove or deactivate toll transponders. The Customer is responsible for any tolls charged to the Vehicle’s transponder or license plates during transport.

   4. (iv)

      Leave no more than one-quarter (1/4) tank of fuel in the Vehicle.

   5. (v)

      Disarm any alarm, or give the Carrier the keys and instructions to disable it. If an alarm activates during transport and cannot be turned off with the keys or instructions provided, the Carrier may silence it by any reasonable means, without liability to the Customer.

   6. (vi)

      Disclose any leaks, mechanical problems or other conditions that affect how the Vehicle can be loaded or driven.

   7. (vii)

      Disclose any aftermarket modifications that affect the size, weight or ground clearance of the Vehicle, such as lift or lowering kits, oversized tires or wheels, or body kits.

2. (b)

   Personal items are not covered by the Carrier’s cargo insurance or by any other insurance. Neither the Company nor the Carrier is liable for the loss of or damage to personal items. Neither is liable for damage to the Vehicle caused by personal items or loose parts.

3. (c)

   The Customer is responsible for any damage to the Vehicle, the Carrier’s equipment, other vehicles, other property or any person caused by loose or detached parts, personal or prohibited items, or the Customer’s failure to prepare the Vehicle as required by this Section.

4. (d)

   If personal items are found in or on the Vehicle at pick-up, the Carrier may charge an additional fee, require their removal or refuse to transport the Vehicle. If the Customer cancels the Order because of that charge or refusal, the Cancellation Fee applies.

5. (e)

   The following items may never be placed in the Vehicle: explosives, firearms, ammunition, fireworks, flammable or hazardous materials, illegal drugs, alcohol, cash, jewelry or other valuables, legal or financial documents, animals, plants, perishable goods and any contraband. If such items are found, they may be confiscated or disposed of by the Carrier or by law enforcement, and the Carrier may refuse or stop transport. In that case, the Order may be cancelled and the Cancellation Fee applies. The Customer is responsible for any resulting fines, fees or losses.

5. Vehicle Size, Condition and Misrepresented Shipments

1. (a)

   The Customer must disclose at booking whether the Vehicle is Inoperable, oversized or modified. Oversized or modified vehicles include vehicles with lift kits, lowered suspension, oversized or dual wheels or tires, extended beds or cabs, racks, aftermarket spoilers or body parts, and large vehicles such as limousines, hearses and commercial vehicles. The Carrier may charge additional fees to transport such a Vehicle, or may refuse to transport it.

2. (b)

   A shipment is misrepresented if the Vehicle or the Order does not match the information in the Order Agreement. Examples include the following.

   1. (i)

      The Vehicle has modifications or dimensions that were not disclosed.

   2. (ii)

      The Vehicle is Inoperable, or becomes Inoperable before pick-up, although it was described as operable.

   3. (iii)

      The pick-up or delivery address differs from the address in the Order Agreement.

   4. (iv)

      The Vehicle contains personal items or prohibited items.

   5. (v)

      The Vehicle is not ready for pick-up when the Carrier arrives.

   6. (vi)

      The person designated to release or receive the Vehicle is not present or does not respond to the Carrier.

3. (c)

   If a shipment is misrepresented, the Carrier may charge additional fees based on the actual shipment, or may refuse to transport the Vehicle. The Company will communicate the Carrier’s additional charges to the Customer once the Company is informed of them. Additional Carrier charges are paid directly to the Carrier, before transport or at delivery, as the Carrier requires.

4. (d)

   The Customer may accept the additional charges or cancel the Order. If the Customer cancels, or the Carrier refuses to transport the Vehicle, because of a misrepresented shipment, the Cancellation Fee applies. The Customer is also responsible for any dry run fee under Section 6.

6. Presence at Pick-Up and Delivery, Storage and Dry Runs

1. (a)

   The Customer or the Customer’s Agent must be present at pick-up and at delivery with the Vehicle’s keys. If the Customer will not be present, the Customer must designate a Customer’s Agent and give the Carrier that person’s name and contact information. The Customer is bound by the acts and omissions of the Customer’s Agent, including the agent’s signature on the Bill of Lading.

2. (b)

   If no one is present or reachable when the Carrier arrives for pick-up, or the Vehicle is not ready, the Carrier may leave without the Vehicle and charge a dry run fee. The Customer is responsible for any dry run fee the Carrier charges.

3. (c)

   If no one is present or reachable at delivery, or the Customer refuses to accept delivery or to pay the Carrier Balance, the Carrier may wait for a reasonable time and then take the Vehicle to a storage facility or terminal. The Vehicle remains subject to the Carrier’s lien for its charges. The Customer must pay all storage, redelivery and handling fees before the Vehicle is released. The Customer pays these fees directly to the Carrier or the storage facility.

4. (d)

   Dry run, storage and redelivery fees are set by the Carrier or the storage facility, not by the Company. The Customer will not seek reimbursement of these fees from the Company.

7. Inspection and Bill of Lading

1. (a)

   At pick-up, the Customer or the Customer’s Agent and the Carrier will inspect the exterior of the Vehicle together and record any existing damage on the Bill of Lading. The Customer should take date-stamped photos of all sides of the Vehicle. The Customer is responsible for obtaining and keeping a copy of the signed Bill of Lading.

2. (b)

   At delivery, the Customer or the Customer’s Agent must inspect the Vehicle in the Carrier’s presence before signing the Bill of Lading. Any new damage must be written on the Bill of Lading before signing. The Customer should photograph any damage and keep a copy of the signed Bill of Lading.

3. (c)

   Signing the Bill of Lading at delivery without noting damage, regardless of lighting or weather conditions, confirms that the Vehicle was received in satisfactory condition. The Company has no responsibility for damage that is not noted on the Bill of Lading at delivery.

8. Loss or Damage Claims

1. (a)

   As a broker, the Company is not liable for loss of or damage to the Vehicle. The Carrier is responsible for loss or damage that occurs while the Vehicle is in the Carrier’s possession, under 49 U.S.C. § 14706 (the Carmack Amendment) and the Carrier’s terms. The Customer may wish to seek independent legal advice, at the Customer’s own expense, about these laws in the event of a claim.

2. (b)

   The Customer must file any claim for loss or damage directly with the Carrier.

3. (c)

   The Customer must notify the Company in writing of any damage within seventy-two (72) hours after delivery. This allows the Company to provide the Carrier’s information and insurance details and to assist the Customer with the claim. This notice requirement does not shorten any period the Customer has under applicable law to file a claim against the Carrier.

4. (d)

   Damage to the undercarriage, the interior or any other area that could not be inspected at delivery must be reported to the Carrier, and to the Company, within the same seventy-two (72) hour period.

5. (e)

   To the extent permitted by law, neither the Company nor the Carrier is responsible for damage caused by hail, storms or other acts of God, by riots, strikes, political unrest or acts of terrorism, or by loose, worn or broken parts of the Vehicle. Neither is responsible for any mechanical or electrical failure of the Vehicle, including battery failure and existing leaks, that is not caused by the Carrier.

9. Payment

1. (a)

   The Customer may pay the Total Price in one of two ways, as selected in the Order Agreement.

   1. (i)

      Pay in Full. The “Pay in Full” option is referred to as the “Regular Price” on the Company’s website. The Customer pays the entire Total Price to the Company by credit or debit card, ACH bank transfer, wire transfer or Zelle. The Company then pays the Carrier.

   2. (ii)

      Deposit and Carrier Balance. The “Deposit and Carrier Balance” option is referred to as the “Discounted Price” on the Company’s website. The Customer pays the Deposit to the Company by credit or debit card, ACH bank transfer, wire transfer or Zelle. The Customer pays the Carrier Balance directly to the Carrier at delivery, before the Vehicle is unloaded or released, in cash, cashier’s check, certified funds, money order or an electronic payment method the Carrier accepts, such as Zelle, Venmo or Cash App. Accepted methods vary by Carrier. Personal checks and credit or debit cards are not accepted unless the Carrier agrees.

2. (b)

   The Company charges the Deposit, or the Total Price if the Customer selected Pay in Full, at Dispatch. The Company does not charge the Customer before a Carrier accepts the Order.

3. (c)

   All amounts are due in full when due, without offset or deduction for any claim, damage or delay. A damage claim does not permit the Customer to withhold the Carrier Balance. The Carrier may hold the Vehicle until the Carrier Balance and any other Carrier charges are paid.

4. (d)

   Amounts not paid when due accrue interest from the original due date at the lesser of 1.5% per month or the highest rate permitted by law. The Customer is responsible for the reasonable costs of collecting unpaid amounts, including attorneys’ fees, court costs and collection agency fees.

10. Cancellations and Refunds

1. (a)

   The Customer may cancel an Order only by email to info@weshipcars.com. Cancellations by phone, text message or chat are not accepted. A cancellation is effective when the Company receives the email.

2. (b)

   Before Dispatch. The Customer may cancel at no charge before Dispatch. Any amount the Customer paid to the Company will be refunded in full.

3. (c)

   After Dispatch. Except as provided in Section 14(d), if the Customer cancels after Dispatch, the Company will keep a cancellation fee of $199, or the total amount the Customer paid to the Company if less (the “Cancellation Fee”), because the Company’s brokerage service has been performed. The Company will refund the rest of the amounts the Customer paid to the Company, including any Guaranteed Pick-Up or Expedited Service fee. The Company will not charge the Customer more than the Customer has already paid. The Customer is also responsible for any dry run fee the Carrier charges if the Carrier has already traveled to the pick-up location.

4. (d)

   Cancellation Fee Credit. The Customer may apply a Cancellation Fee paid under this Section as a credit toward one future Order booked with the Company within twelve (12) months after the cancellation.

5. (e)

   Cancellation at Pick-Up. If the Carrier arrives and is refused the Vehicle, or pick-up cannot occur for reasons caused by the Customer, the Order is treated as cancelled by the Customer after Dispatch. This includes when the Customer has shipped or booked the Vehicle through another broker or carrier.

6. (f)

   Carrier Failure. If a Dispatched Carrier cancels or fails to arrive for reasons not caused by the Customer, the Company will try to assign a replacement Carrier. If the Company does not assign a replacement Carrier within two (2) business days, the Customer may cancel the Order and receive a refund of all amounts paid to the Company.

7. (g)

   Company Cancellation. The Company may cancel an Order at any time before Dispatch for any lawful reason, including if it cannot secure a Carrier at the Total Price. If the Company cancels, it will refund all amounts the Customer paid to the Company. That refund is the Customer’s sole remedy for the cancellation. The Company is not liable for any other cost or expense the Customer incurs because the Company cannot secure a Carrier.

8. (h)

   Additional Services Not Provided. If the Customer paid for an Additional Service that was not provided and the Vehicle was delivered, the Customer’s sole remedy is a refund of the fee for that Additional Service.

9. (i)

   Once the Carrier has picked up the Vehicle, the Order cannot be cancelled.

10. (j)

    Refunds are made to the original payment method.

11. Payment Disputes and Chargebacks

1. (a)

   Before disputing any charge with a bank or card issuer, the Customer agrees to contact the Company in writing at info@weshipcars.com and to give the Company ten (10) business days to resolve the issue.

2. (b)

   The Customer acknowledges that the Deposit is charged for brokerage services that are complete at Dispatch. The Customer agrees that the signed Order Agreement, these Terms, the dispatch notice, the Bill of Lading and the Company’s communications with the Customer may be provided to the Company’s payment processor, the card network and the card issuer in response to any dispute.

3. (c)

   If the Customer disputes a charge and the dispute is resolved in the Company’s favor or is withdrawn by the Customer, the Customer is responsible for the Company’s reasonable costs of the dispute, including dispute fees, collection costs and attorneys’ fees. Any amount reversed through a dispute and later determined to be owed accrues interest under Section 9 from its original due date. If a payment for an Order is reversed through a dispute filed by the Customer or by any other cardholder, the Customer remains responsible for the reversed amount to the extent it is owed under the Agreement.

4. (d)

   Nothing in this Section limits any right the Customer has under applicable law.

12. Agreement and Acceptance

1. (a)

   These Terms, together with the Order Details in the Order Agreement signed by the Customer for a specific Order, form the entire agreement between the Company and the Customer for that Order (together, the “Agreement”). The Customer accepts the Agreement by placing an Order and signing the Order Agreement, including by electronic signature. These Terms also govern the Customer’s use of the Company’s website and its request for quotes.

2. (b)

   If the Order Details conflict with these Terms, the Order Details control as to the order-specific details they state, such as the Vehicle, the locations, the First Available Pick-up Date, the service level and the price. These Terms control in all other respects.

3. (c)

   If these Terms conflict with a Bill of Lading, tariff, service guide or other document issued by a Carrier, these Terms control as between the Customer and the Company.

4. (d)

   The version of these Terms included in the Customer’s signed Order Agreement governs that Order. The Company may update the version posted on its website from time to time. An update does not change the terms of an Order Agreement already signed. Only the Company may modify these Terms.

13. Definitions

The following terms have the meanings below:

1. (a)

   “Additional Services” means optional services the Customer selects in the Order Agreement for an additional fee, such as enclosed transport, Guaranteed Pick-Up or Expedited Service.

2. (b)

   “Bill of Lading” means the Carrier’s receipt and condition report for the Vehicle, issued at pick-up and at delivery, on paper or electronically.

3. (c)

   “Cancellation Fee” has the meaning given in Section 10.

4. (d)

   “Carrier” means the independent, federally licensed motor carrier that transports the Vehicle, including its drivers, employees, contractors and other personnel.

5. (e)

   “Carrier Balance” means the portion of the Total Price that the Customer pays directly to the Carrier at delivery, as stated in the Order Agreement.

6. (f)

   “Customer’s Agent” means an individual at least eighteen (18) years old whom the Customer designates to act for the Customer at pick-up or delivery.

7. (g)

   “Deposit” means the portion of the Total Price that the Customer pays to the Company, as stated in the Order Agreement. The Deposit is the Company’s brokerage fee for arranging the transport of the Vehicle.

8. (h)

   “Dispatch” means a Carrier’s acceptance of the Order, confirmed by the Company’s dispatch notice to the Customer. “Dispatched” has a corresponding meaning.

9. (i)

   “First Available Pick-up Date” means the earliest date, selected by the Customer, on which the Vehicle will be ready and available for pick-up.

10. (j)

    “Inoperable” means that the Vehicle cannot be started, driven, steered or braked under its own power, or that any of its essential parts, such as the engine, transmission, wheels, tires, steering or brakes, are missing, damaged or not working.

11. (k)

    “Ocean Carrier” has the meaning given in Section 15.

12. (l)

    “Order” means the Customer’s request for the Company to arrange the transport of the Vehicle, as described in the Order Agreement.

13. (m)

    “Order Agreement” means the order-specific agreement signed by the Customer that states the details of the Order (the “Order Details”) and includes these Terms.

14. (n)

    “Total Price” means the total price for the Order stated in the Order Agreement, including the Deposit, any Carrier Balance and the fee for any Additional Services.

15. (o)

    “Vehicle” means the vehicle described in the Order Agreement.

14. Guaranteed Pick-Up and Expedited Service

These services apply only if they are selected in the Order Agreement and paid for.

1. (a)

   Guaranteed Pick-Up. The Company guarantees that a Carrier will pick up the Vehicle on the date, or within the twenty-four (24) to forty-eight (48) business-hour window, stated in the Order Agreement (the “Guaranteed Pick-Up Window”). Guaranteed Pick-Up is available for pick-up dates Monday through Friday. The guarantee covers pick-up only. It does not cover the delivery date.

2. (b)

   Expedited Service. Expedited Service gives the Order priority in scheduling a Carrier. This means that the Vehicle will be prioritized for pick-up within a shorter period of time, typically one (1) to two (2) business days. Expedited Service does not guarantee any delivery date.

3. (c)

   Conditions. Guaranteed Pick-Up and Expedited Service apply only if the Vehicle is ready for pick-up, the Customer or the Customer’s Agent is present, the pick-up location is accessible under Section 3 and the Order information is accurate. They do not apply to delays caused by events described in Section 25.

4. (d)

   Missed Guaranteed or Expedited Pick-Up. Subject to Section 14(c), if a Carrier does not pick up the Vehicle within the Guaranteed Pick-Up Window or the Expedited Pick-Up Window for reasons not caused by the Customer, the Customer may choose one of the following as the Customer’s sole and exclusive remedies:

   1. (i)

      Cancel the Order and receive a refund of all amounts paid to the Company. No Cancellation Fee applies.

   2. (ii)

      Continue with the Order on a new pick-up date the Customer approves in writing and receive a refund of the Guaranteed Pick-Up or Expedited Service fee.

15. Shipments to or from Alaska and Hawaii

1. (a)

   Shipments to or from Hawaii, and some shipments to or from Alaska, include ocean transport between a port in the contiguous United States and a port in Alaska or Hawaii by an independent ocean carrier (the “Ocean Carrier”). Section 20 applies to the Ocean Carrier in the same way it applies to a Carrier. The Ocean Carrier’s bill of lading, tariff and terms govern the ocean portion of the transport.

2. (b)

   The Customer may be required to deliver the Vehicle to, or pick it up from, a port terminal on the dates the Ocean Carrier sets. Port, terminal and handling fees may apply.

3. (c)

   The Vehicle must be completely empty except for factory-installed equipment. The Ocean Carrier may require documents before shipping, such as the title or registration, a government-issued photo ID and, if the Vehicle is financed or leased, written authorization from the lienholder. The Ocean Carrier may also set fuel limits and other requirements.

4. (d)

   The estimated transit times in Section 2 do not apply to the ocean portion. Vessel schedules, port congestion, weather and other factors affect timing. No delivery date is guaranteed.

5. (e)

   The Ocean Carrier’s liability for loss or damage during the ocean portion is governed by its Bill of Lading and applicable federal maritime law, which may limit the amount it must pay. Claims for the ocean portion must be filed with the Ocean Carrier, and the notice requirement in Section 8 applies. The Customer may wish to arrange its own insurance for the ocean portion.

6. (f)

   Inoperable Vehicles. Inoperable Vehicles are not eligible for shipment to or from Alaska or Hawaii. The Customer must ensure that any Vehicle scheduled for shipment to or from Alaska or Hawaii is operable and capable of being transported in accordance with the applicable requirements of the Carrier and Ocean Carrier.

16. Orders, Pricing and Changes

1. (a)

   The Customer must provide complete and accurate information for the Order. This includes the Vehicle’s year, make and model, whether the Vehicle is operable or Inoperable, any modifications, the pick-up and delivery addresses and contacts, any known access restrictions and the First Available Pick-up Date. The Order Agreement records this information. The Customer confirms its accuracy by signing the Order Agreement.

2. (b)

   The Customer authorizes the Company to share the Customer’s name, contact information and Order details with prospective Carriers in order to arrange the transport.

3. (c)

   The Total Price is based on the information in the Order Agreement and on the First Available Pick-up Date.

4. (d)

   If market conditions require a higher price to secure a Carrier before Dispatch (for example, because of fuel costs, seasonal demand or Carrier availability on the route), the Company will notify the Customer and obtain the Customer’s written approval, including by email or text message, before Dispatch. If the Customer does not approve the revised Total Price, the Customer may cancel the Order at no charge. The Company will not increase the Total Price after Dispatch, except for Carrier charges under Section 5 or Section 6.

5. (e)

   Unless the Order Agreement states otherwise, the Total Price includes the Carrier’s transportation charges, fuel and the Company’s brokerage fee. It does not include additional Carrier charges under Section 5 or Section 6, storage or redelivery fees, tolls charged to the Vehicle’s transponder or license plates, or Additional Services the Customer did not select.

6. (f)

   The Customer may request changes to the Order, including a new First Available Pick-up Date or new addresses. A change may affect the Total Price and the timing of pick-up. Changes confirmed by the Company in writing, including by email, become part of the Order Agreement without a new signature.

17. Payment Verification

1. (a)

   The Customer represents that the person paying for the Order is the authorized holder of the payment method used, or has the authorized holder’s permission to use it for the Order.

2. (b)

   Before Dispatch, the Company may require additional verification of any payment. This may include a signed Cardholder Authorization from the cardholder, proof of identity, or payment by wire transfer or another method the Company approves.

3. (c)

   If verification is not completed to the Company’s reasonable satisfaction, the Company may hold or cancel the Order. The Company will refund any amount it received for an Order it cancels under this Section.

4. (d)

   The Customer authorizes the Company to share Order and payment information with its payment processors, card networks and card issuers, and with law enforcement, to prevent or investigate fraud.

18. Transport of the Vehicle

1. (a)

   The Customer authorizes the Carrier and its drivers to operate the Vehicle as needed to load, unload, secure and position it, including driving the Vehicle short distances. The Customer also authorizes the Carrier to winch or otherwise load an Inoperable Vehicle. Some mileage from loading and unloading is normal.

2. (b)

   The Carrier’s responsibility for the Vehicle begins when the Customer or the Customer’s Agent and the Carrier sign the Bill of Lading at pick-up. It ends when the Customer or the Customer’s Agent signs the Bill of Lading at delivery, or otherwise takes delivery of the Vehicle.

19. Insurance

1. (a)

   The Company is not an insurer and does not provide insurance for the Vehicle. The Carrier’s cargo insurance, not the Company, is the source of coverage for loss or damage for which the Carrier is responsible.

2. (b)

   The Customer may wish to confirm with its own automobile insurer whether its policy covers the Vehicle during transport.

20. The Company’s Role as a Broker

1. (a)

   The Company is a property broker as defined in 49 U.S.C. § 13102(2), regulated by the Federal Motor Carrier Safety Administration (“FMCSA”) under 49 C.F.R. Part 371. The Company arranges the transportation of vehicles by independent Carriers. The Company is not a motor carrier. It does not own or operate trucks. It never takes possession, custody or control of the Vehicle.

2. (b)

   The Company’s brokerage service is complete when a Carrier is Dispatched for the Order. Nothing in the Agreement means that the Company is subcontracting transportation work to the Carrier.

3. (c)

   Each Carrier is an independent business. No Carrier is an employee, agent, partner or joint venturer of the Company. The Carrier alone controls the method, manner and means of transporting the Vehicle, including the route. The Carrier supplies all equipment used in the transport. The Carrier is solely responsible for its drivers and other personnel, including their qualifications, acts and omissions, compensation, taxes and insurance.

4. (d)

   The Company retains no control over any part of the transport. The Company has no right to stop or resume the transport, to inspect its progress or to direct how the Carrier performs it. The Company does not inspect the Carrier’s equipment.

5. (e)

   The Carrier may issue its own Bill of Lading, terms, tariffs or rules, which govern the transportation itself as between the Customer and the Carrier. The Customer may request copies directly from the Carrier. The Customer must take any question or dispute about those documents directly to the Carrier.

6. (f)

   The Company will Dispatch only Carriers that, at the time of Dispatch, show active operating authority and insurance on file with FMCSA and carry cargo insurance of not less than $50,000 per shipment. The Company checks this information through FMCSA’s public records. The Company does not guarantee the amount, validity or scope of any Carrier’s insurance.

7. (g)

   The Company arranges transport between locations within the United States, including to and from Alaska and Hawaii. The Company does not arrange international shipping.

21. Customer Representations

The Customer represents and warrants to the Company that:

1. (a)

   the Customer is the registered owner of the Vehicle, or is authorized by the owner to arrange its transport and to enter into the Agreement.

2. (b)

   the Vehicle may be lawfully transported, and is not subject to any lien, hold, seizure or other restriction that would prevent its release or transport.

3. (c)

   the Customer will comply with all laws that apply to the Vehicle and its transport, and will provide any documents reasonably required for the transport.

4. (d)

   any person who books an Order, signs the Order Agreement or acts at pick-up or delivery on the Customer’s behalf has the authority to bind the Customer.

22. Disclaimer of Warranties

1. (a)

   THE COMPANY’S SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

2. (b)

   Some jurisdictions do not allow the exclusion of implied warranties. In those jurisdictions, the exclusions above apply to the greatest extent permitted by law.

23. Limitation of Liability

1. (a)

   TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE AGREEMENT OR ANY ORDER, UNDER ANY LEGAL THEORY. THIS INCLUDES LOSS OF USE, TRAVEL, LODGING, TICKETS, RENTAL VEHICLES, STORAGE, LOST INCOME AND LOST PROFITS.

2. (b)

   TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO AN ORDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT THE CUSTOMER PAID TO THE COMPANY FOR THAT ORDER, EXCLUDING ANY AMOUNT THE COMPANY PAID TO THE CARRIER.

24. Indemnification

The Customer will defend, indemnify and hold harmless the Company and its members, managers, officers, employees and agents from all claims, losses, damages, judgments, settlements, fines, penalties, interest, costs and expenses, including reasonable attorneys’ fees, arising out of (a) the Customer’s breach of the Agreement, (b) inaccurate information provided by or for the Customer, (c) personal or prohibited items in the Vehicle, or (d) the acts or omissions of the Customer or the Customer’s Agent. This includes claims for personal injury, death or property damage. This Section does not apply to the extent a loss is finally determined to have been caused by the gross negligence or willful misconduct of the Company.

25. Force Majeure

Neither the Company nor the Carrier is responsible for any delay or failure to perform caused by events beyond its reasonable control. These include weather, natural disasters, road closures, traffic, accidents, mechanical breakdowns, labor disputes, fuel shortages, government actions, epidemics, riots and acts of terrorism.

26. Communications and Consent to Contact

1. (a)

   By providing a phone number, the Customer consents to receive calls and text messages from or on behalf of the Company and the Carrier at that number, including calls and messages sent using automated technology or a prerecorded voice. These communications relate to the Order, including scheduling, dispatch, billing, delivery and follow-up.

2. (b)

   The Company will send marketing messages only if the Customer separately agrees to receive them. Consent to marketing messages is not a condition of any purchase.

3. (c)

   The Customer represents that he or she is the subscriber or customary user of the phone number provided, and agrees to notify the Company if the number is reassigned or no longer belongs to the Customer.

4. (d)

   Message frequency varies. Message and data rates may apply. The Customer may opt out of text messages at any time by replying STOP, and may reply HELP or email info@weshipcars.com for help. Opting out of Order-related messages may affect the Company’s ability to service the Order.

27. Notices

1. (a)

   The Company may send notices to the Customer at the email address or phone number in the Order Agreement. These notices are effective when sent.

2. (b)

   The Customer must send notices to the Company by email to info@weshipcars.com or by mail to US Trans Shipping LLC, 2730 Central St, Apt 2C, Evanston, IL 60201. Notices of a dispute under Section 28 must be sent as provided in that Section.

28. Dispute Resolution, Binding Arbitration and Class Action Waiver

1. (a)

   Informal Resolution. The parties will first try in good faith to resolve any dispute through direct discussion. At least thirty (30) days before starting an arbitration, the party seeking arbitration must send the other party an individualized written notice, personally signed, identifying the party, its claims and the relief requested. Notices to the Company must be sent by certified mail, FedEx, UPS or USPS express mail (signature required) to US Trans Shipping LLC, 2730 Central St, Apt 2C, Evanston, IL 60201. The Company will send notices to the Customer at the Customer’s last known mailing address, or by email if no mailing address is on file.

2. (b)

   Binding Arbitration. If the dispute is not resolved, any dispute, claim or controversy arising out of or relating to the Agreement, any Order or the Company’s services will be resolved by binding individual arbitration, not in court. Either party may instead bring an individual claim in small claims court if the claim qualifies. The Federal Arbitration Act governs this Section. The arbitrator, and not a court, will decide any question about whether a claim is subject to arbitration.

3. (c)

   Procedure. The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its rules for consumer disputes in effect when the claim is filed, before a single arbitrator. Unless the parties agree otherwise, the arbitration will be conducted by video, by telephone or on written submissions. Any in-person hearing will take place in the county where the Customer resides. There is no judge or jury in arbitration, and court review of an award is limited. The arbitrator may award the same individual relief a court could award.

4. (d)

   Fees. Administrative and arbitrator fees will be allocated under NAM’s consumer rules, except that the filing party pays the filing fee. If the Customer prevails, the Customer may seek reimbursement of its reasonable fees and costs. If the arbitrator finds the Customer’s claims frivolous, the Company may seek its attorneys’ fees and costs.

5. (e)

   Confidentiality and Judgment. The arbitration proceedings, related communications and the award are confidential, except as needed to enforce the award. Judgment on the award may be entered in any court of competent jurisdiction.

6. (f)

   Multiple Claims. If many claims involving the same or substantially similar issues are filed, they will be arbitrated in the order in which they were filed. Any claim must be filed within three (3) years after the events giving rise to it.

7. (g)

   Class Action Waiver. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person. If this class action waiver is found unenforceable as to a claim, that claim will proceed in court under Section 29, and not in arbitration. All other claims remain subject to individual arbitration.

8. (h)

   Jury Waiver. If any claim proceeds in court, the Company and the Customer each waive any right to a jury trial.

9. (i)

   This Section survives the completion or cancellation of any Order.

29. Governing Law and Venue

The Agreement is governed by applicable federal law, including Title 49 of the United States Code, and by the laws of the State of Illinois, without regard to conflict of law principles. Subject to Section 28, any court proceeding must be brought in the state courts located in Cook County, Illinois, or in the United States District Court for the Northern District of Illinois. The parties consent to the jurisdiction of those courts and waive any objection to venue.

30. Notice to California Residents

Under California Civil Code § 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

31. General Provisions

1. (a)

   Entire Agreement. The Agreement is the entire agreement between the parties for the Order. It supersedes all prior statements, quotes, advertisements and communications, oral or written, and any course of dealing or usage of trade that is inconsistent with it.

2. (b)

   No Reliance. Any statement by the Company or its representatives about Carrier availability, pricing, or the timing of pick-up or delivery is an estimate only and is not a guarantee. The Customer has not relied on any statement, prediction or assurance that is not in the Agreement.

3. (c)

   Acknowledgment. The Customer has read and understands the Agreement. The Customer waives any claim or defense based on not having read or understood it.

4. (d)

   No Agency. Neither the Customer nor any Carrier is an agent, partner or joint venturer of the Company. Neither may create any obligation on behalf of or in the name of the Company.

5. (e)

   Privacy. The Company collects and uses personal information as described in its Privacy Policy posted on its website.

6. (f)

   Electronic Signatures. Electronic signatures and electronic records are valid and binding for all purposes of the Agreement.

7. (g)

   Assignment. The Customer may not assign, transfer or pledge the Agreement or any rights under it without the Company’s prior written consent. The Agreement binds the parties and their permitted successors and assigns.

8. (h)

   Construction. The parties agree that any rule that ambiguities are construed against the drafting party will not apply to the Agreement.

9. (i)

   Severability. Nothing in the Agreement waives or limits any right that applicable law does not permit to be waived or limited. If any provision is found unenforceable, it will be limited only to the extent necessary, and the rest of the Agreement will remain in effect.

10. (j)

    No Waiver. A failure or delay in enforcing any provision is not a waiver. A waiver is effective only if it is in writing and signed by the Company.

11. (k)

    Headings. Headings are for convenience only and do not affect interpretation.

12. (l)

    Survival. Sections 21, 9, 11, 22, 23, 24, 28 and 29 survive the completion or cancellation of any Order.

13. (m)

    Customer References. The Company may identify the Customer by name as a customer of the Company in its marketing and promotional materials. The Customer may decline at any time by emailing info@weshipcars.com. The Company will not publish any review, testimonial or photo of the Customer without separate consent.

Contact Information

US Trans Shipping LLC d/b/a WeShipCars 2730 Central St, Apt 2C Evanston, IL 60201 Phone: (708) 300-0063 Email: info@weshipcars.com