Contract Condition and Terms
Attention
Plycar, it’s employees and/or contractors may hereafter be referred to as “Carrier”.
The Vehicle owner or its authorized agent may 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, 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 after-market 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 carriers 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 of 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 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 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.
