TERMS AND CONDITIONS
National Auto Relocation Service Order Terms and Conditions
This document contains and specifies the full Auto Transport Order Terms and Conditions of Use and Service “Agreement” of National Auto Relocation Service LLC. “NARS”. NARS functions a Relocation Coordinator “Agent” between Customer (including Customer’s authorized agent), and Carrier.
II. Definition of Terms
1. National Auto Relocation Service LLC, (“NARS”) is a Arizona Limited Liability Company with its office or place of business at 20025 N. 20th Street #135 Phoenix, AZ 85024.
2. Carrier: Shall refer to contracted, third party trucking companies, and individuals who own or operate a truck for the purpose of transporting Customer’s vehicle, and are properly registered with the U.S. DOT and carries proper insurance required by law.
3. Open Transport: : Refers to all trucks that has an open trailer. Open trailers are more susceptible to potential damages, and
4. Vehicle Availability Date (VAD) : the first day a vehicle is available for pickup by an auto transport carrier. In other words, it’s the first day a customer can let the vehicle go or be picked up by a carrier.
5. Pickup Window : the time period in a number of workdays that a carrier has available to pick up a vehicle for shipment after the VAD.
6. Business Days: shall mean Monday to Friday. It does NOT include weekends, and national holidays.
7. Order : Refers to a commitment of Customer to NARS to coordinate shipment of Customer’s vehicle subject to the terms of this Agreement.
8. Bill of Lading :Refers to document signed and dated by Customer and Carrier at the time of pickup and delivery. Two (2) copies shall be signed at point of pickup, and two (2) copies shall be signed at point of delivery. Each bill of lading shall be signed and dated both by Carrier and Customer. The report of inspection of vehicle is listed on the bill of lading, including but not limited to: scratches, damages, number of keys, make and model of car, date of pick-up, and estimated date of delivery. It is the responsibility of Customer to make sure that a bill of lading is filled out, and a proper inspection is done after delivery.
9. Personal Goods/Items : Refers to any and all additional items placed in or attached to Customer’s vehicle. It does NOT include necessary items required for regular day to day use of vehicle such as jack, jumper cable, one spare tire, and alike. Any item that a reasonable Customer knows or should know is harmful or dangerous to place in a vehicle, that may cause damage during shipment process, is also defined as a personal item regardless of whether or not it is used for day to day normal use of vehicle. Based on regulations of the United States (U.S) Department of Transportation (DOT), Carriers are not licensed and/or insured to carry household goods or personal items when transporting vehicles. Absolutely NO personal items may be transported in vehicle. Refer to part 5 on “Acceptance” section for more information.
10. Customized or Oversized Vehicle: Refers to vehicles longer than 16 feet, vehicles with camper or racks, vehicles that are altered, raised or redesigned in a manner that substantially changes vehicle in terms of size, look, or shape compared to a normal/stock vehicle of that type.
11. Inoperable Vehicle : Refers to vehicle that either require repair to make it operable, or need extra effort when loading and unloading to and from Carrier’s truck.
12. Customer : Refers to anyone using NARS services in any manner. This includes Customer’s agents directly or indirectly appointed, and assignees authorized to function on behalf of Customer either by law or other regulatory authorities.
13. Serious Acts of Nature: Includes incidents that are caused out of human control, and may physically injure or hurt a Customer. It does not include heavy rain, snow, hail or similar occurrences.
14. Double booked: : Refers to a situation when a Customer made an order with one or more brokers other than NARS for the shipment of the same vehicle.
15. Substantially Damaged Vehicle: Is when a vehicle becomes totally inoperable, and/or impossible to operate or use.
III. Delivery Dates
Delivery dates are within parameters of reasonable time frames. Delivery dates and times are estimated and NOT guaranteed. Customer hereby understands, and agrees to release NARS harmless for any damages incurred as a result of delay in the shipment process.
IV. Cancellation and Refunds
A. Customer may cancel an order at any time prior to vehicle being dispatched to a carrier. NARS dispatches an order to a carrier immediately after communicating the offer to the customer, and the customer accepting the offer.
B. Customer may not cancel an order after vehicle is dispatched to a carrier. If for any reason Customer cancels shipment of his/her vehicle after accepting offer from a carrier, Customer understands and agrees that he/she forfeits full deposit amount paid to NARS. This includes situations where Customer agrees with Carrier on pick-up location, date and time, and Customer fails to show up when Carrier is already at agreed upon location to load vehicle, and Customer wishes to cancel order. Customer may also be liable for any claims of compensation from the carrier for lost time, and business, and other expenses as a result of customer breaching the contract.
C. NARS reserves the right to try up to 3 times to find a substitute carrier to pick up customer’s vehicle if the carrier assigned cancels the order. Only after the 3rd unsuccessful try, the customer will be able to cancel and get a full refund from NARS
D. Customer understands and agrees to pay any additional charges to Carrier if:
1. Customer agrees, including any agreement outside the contract without NARS being in the picture, with Carrier on specific location, date, and time, and Customer fails to show up; provided, however, if Customer still wants NARS to schedule another pick up time either with same or different Carrier, NARS reserves the right to bill Customer for any additional charges incurred as result of Customer’s failure to show up during prior scheduled time. At that point, the terms and agreement regarding prior pickup and delivery date becomes null and void, and NARS is therefore not obligated to abide by prior specified or promised pickup or delivery expectations and arrangements under this Agreement.
E. Customer understands and agrees that he/she has forfeited full deposit amount if Customer after agreeing to the dispatch terms decline dispatch arrangements with assigned Carrier more than twice, and NARS reserves the right to cancel Customer’s order with or without further notice.
under the following circumstances, customer will NOT receive any refund for the partial payment made :
1. Cancellation due to the order being double booked with other brokers;
2. Cancellation after customer accepting an offer from the carrier, and vehicle is dispatched to a carrier;
3. Cancellation after vehicle is initiated to be loaded on the Carrier/Truck
4. After vehicle was assigned to a carrier upon agreement of the customer, and customer later fails to release the vehicle
A. Customer hereby understands and agrees that :
1. Use of Services: By accessing, browsing, or using NARS website and services, Customer agrees to the full terms of this Agreement. Customer understands and agrees that NARS does not own any trucks nor does NARS transport vehicles on its own, but rather acts as Agent between Customer, and third party Carrier. Customer further understands and agrees and hereby authorizes NARS to act as his/her Agent during the course of arrangement and transportation of vehicle by one or more Carriers selected by NARS from specified point of pickup to specified point of delivery.
2. Authorization: Customer agrees to allow NARS to act as his/her agent in dealing with Carrier during course of arrangement and transportation of vehicle, and to cooperate in good faith with NARS in placing order with Carrier. As an Agent, NARS will use good faith efforts in making sure selected Carrier is registered, and insured based on information obtained from the Federal Motor Carrier Safety Administration (FMCSA).
3. Route Used by Carriers: Customer understands and agrees that Carrier, using good faith and sound judgment, will transport vehicle from point of origin to destination by suitable route and does not agree to any specific routing and/or method of transport in order to meet any specific schedule or expectation of Customer.
4. Inoperable, Oversized, and Customized Vehicles: Customer understands and agrees that NARS or Carrier will impose extra charges if any vehicle is inoperable, oversized or customized at time of placing order. If NARS or Carrier are not advised of inoperable, oversized, or customized vehicles prior to pickup of said vehicle, NARS or Carrier reserves right to charge an additional fee of up to five hundred dollars ($500.00) to be determined in good faith by NARS. All extra charges, if determined at time of pickup were not advised in advance, will be collected in Cash Upon Delivery (COD). If vehicle becomes inoperable for any reason during transportation, except for reasons related to acts of nature, wrecks, or damages due to negligence of Carrier, it is also subject to extra charge specified above.
5. Personal Items or Goods: Based on rules and regulations of United States (U.S) Department of Transportation (DOT), Carriers are not licensed and/or insured to carry household goods or personal items when transporting vehicles. Absolutely NO personal items may be transported in a vehicle. Neither NARS nor Carrier are responsible and/or liable for damages of any kind, including but not limited to direct, indirect, and incidental damages, caused to vehicle as a result of placement of any personal items inside or attached to vehicle. If Customer places personal items/goods in or attached to his/her vehicle that causes injury, damages, harm, and/or fines, Customer will be liable for any and all damages caused (including but not limited to direct, indirect, and incidental) to NARS, Carrier, or to third party. This includes placement of personal items by Customer in or attached to her/his vehicle intentionally, negligently, or recklessly. It is the responsibility of Customer to make sure vehicle is/are free of personal items.
6. Acceptability of Location: Customer agrees to cooperate with Carrier to schedule reasonable time to load and/or unload vehicle, at safe and legally authorized location. If Carrier cannot pickup or deliver vehicle at Customer’s designated address due to restrictions imposed by laws and regulations, limitations due to safety, or any other justified reason (including but not limited to weight restriction, steep hills, overhanging trees, narrow streets, cul-de-sacs), Carrier may re-arrange with Customer to meet at legal and safe pickup or dropoff location as closely located to original agreed place of pickup or dropoff as possible. Assigned Carrier is authorized to drive Customer’s vehicle no more than 150 miles if necessary to facilitate required delivery.
7. Use of Customer’s Information: NARS places Customer’s credit card information on file and ensures the Customer of its security. NARS will not charge Customer any amount unless bid is successful or contract is formed as indicated under V (A)(1-3). Customer understands and agrees that Customer’s credit card will be immediately charged when contract is formed. Furthermore, customer hereby authorizes NARS and Carrier to use information provided to contact Customer by phone, email, or any other acceptable means for purpose of performing obligations under this Agreement including but not limited to arrangement of pick up, and delivery of vehicle, securing any payments Customer defaulted, and any other acceptable and justified reasons.
8. Delayed Delivery: NARS shall use its best efforts to schedule Carrier to pickup and deliver Customer’s vehicle within scheduled time
9. Storage and Terminal Fees: Should NARS or Carrier, after making reasonable effort to contact Customer, be unable to notify Customer of delivery of vehicle on expected delivery day indicated on bill of lading, vehicle will be taken to closest terminal at the discretion of Carrier, and Customer will be responsible for fees incurred as a result. The full amount of COD, terminal fees, storage fees, and any other additional trucking fees (if any) shall be paid to Carrier either by cash or cashier’s check before vehicle is released to Customer. Although NARS and Carrier will take all necessary steps to ensure reliable storage of Customer’s vehicle, NARS and/or Carrier will not be held liable or accountable for damages or loss incurred while Customer’s vehicle is in storage.
10. Vehicle Insurance: Customer understands and agrees that with exception of insurance deductibles, all orders are subject to terms and conditions of individual trucking companies used by NARS. When NARS, Carrier, and its agents are driving vehicle for purpose of parking, storage, loading or unloading, or any other forms of necessary use incidental to performance of obligations under Agreement, NARS, and Carrier, and all its agents shall have full benefit of any personal insurance that Customer has in effect on vehicle.
11. Payment and Fees: With the exception of partial payment amount, full advance prepayment, payments charged electronically by NARS, all other fees that Customer owes to the Carrier are payable in full amount by cash (preferred) or cashier’s check upon delivery.
Customer shall confirm payment method with Carrier at least twenty-four (24) hours before delivery. Amount specified for transportation of vehicle already includes additional taxes and fees. [A] processing fee of 5.75% (Visa and Mastercard) or 7.75% (any other card other than Visa and Mastercard) of the full shipment amount will be paid to NARS in case a customer has no other option but to have the total shipment cost charged by credit card through NARS.
VI. Release from Liability
A. NARS cannot be held liable for any arrangement made verbally, in writing, or through other means of communication between Customer and Carrier outside this agreement and the terms of shipment agreed upon at the time of dispatch.
B. NARS does NOT own any trucks, but only arranges with Carriers to transport Customer’s vehicle. NARS only functions on behalf of Customer to ensure that Customer’s vehicle gets transported from one location to another at best agreed rate, through an insured and reliable Carrier. Customer hereby releases and holds NARS harmless from any suit, claims for negligence, misfeasance, and/or malfeasance by Carrier including, but not limited to theft, loss, delays in delivery, breach of contract, or any damages to vehicle as soon as vehicle is/are loaded on Carrier’s truck or is in sole control of Carrier. Customer agrees to file any and all claims for damages to vehicle with Carrier as follows:
1. Customer shall specifically note any damages to vehicle on bill of lading while the Carrier is still present, and before tendering any payment to the carrier. CUSTOMER SHALL NOT SIGN ANY DOCUMENT OR TENDER PAYMENT TO THE CARRIER UNLESS CUSTOMER IS SURE THAT VEHICLE IS INSPECTED, ALL DAMAGES ARE NOTED ON THE BILL OF LADING, AND DRIVER SIGNED ON THE INSPECTION REPORT. Customer understands and agrees that payment to the driver or signing the bill of lading at destination without notating of damage, regardless of time or type of weather at time of delivery, shall be evidence of satisfactory delivery of vehicle and no further claim will be honored by Carrier. It is the responsibility of Customer to ensure that vehicle is inspected before it is loaded on a carrier, and before delivery, and the bill of lading is signed both by customer or customer’s representative and Carrier with inspection results noted on it. NARS will not be liable for any and all consequences if no bill of lading is signed at time of pickup, and delivery. There will be 4 bills of lading per delivery. 2 Pick up copies for customer and Carrier and 2 delivery copies for customer and Carrier. It is VERY IMPORTANT that the customer takes the time and do a proper inspection both on pickup and on delivery, take clear pictures and videos of the vehicle from different angles.
2. In case of damage, within ten (10) days after delivery, Customer shall mail to Carrier and NARS a copy of pickup and delivery bills of lading, two (2) estimates for repairs from different auto repair shops or car dealers, and pictures of damage discovered.
3. Should any claim arise from or be related to transporting and delivery of Customer’s vehicle, any balance due to Carrier must be paid in full before claim shall be honored; provided, however, that claimed damage shall be noted on delivery bill of lading before tendering any COD payment.
4. Customer warrants that he/she will pay full COD amount due to Carrier and/or NARS, and will not seek to chargeback credit card payments or stop a check payment to offset any dispute for damage claims. Department of Transportation regulations require that all claims be filed in writing and all tariffs be paid in full before a claim shall be processed.
The provisions specified above apply to any and all Customers, regardless of shipment priority selected.
VII. Preparation of the Vehicle
A. Customer understands and agrees to:
1. Cleaning vehicle to allow proper inspection for bill of lading at time of pickup. Customer understands and agrees that a dirty vehicle may seriously impact the initial inspection of vehicle that may lead to nullification of any future damage claims arising under this Agreement
2. Verify and make sure that his/her vehicle is/are free of personal items. NARS and Carrier are not responsible for validating whether or not personal items are present in vehicle.
3. Completely disarm alarm system (if applicable) installed in vehicle and provide keys to Carrier. Customer is responsible to pay any additional charges resulting from Customer’s failure to disarm the alarm system on vehicle.
4. Remove all toll pay devices (if applicable) from vehicle. Customer will be responsible to pay any and all toll charges incurred on his/her vehicle should he/she fail to remove toll pay devices.
5. Ensure vehicle has a quarter tank of fuel/gas at time of pickup. Carrier may be required to drive vehicle to and from pickup and drop off location. If there is not enough fuel/gas to facilitate this, Customer shall be billed for fuel/gas charges. NARS shall not be held liable for loss of fuel or gas.
VIII. Prior Agreements
This agreement serves as the main and superior document that explains overall duties and responsibilities of NARS, Customers, and Carriers. This document supersedes any and all prior written, oral, and/or any other form of representation made by NARS, and constitutes the entire agreement between all relevant parties. The provisions of this document remain in full effect unless amended in writing by a Senior Officer of NARS. NARS reserves the right to change, amend, or revise the terms of this Agreement with or without notice to Customers without liability on part of NARS.
IX. Enforceability of Contract
If any provision or part of this Agreement is held to be invalid or unenforceable under current laws, rules, and regulations, all other parts remain in full effect. This Agreement is fully integrated and is the only governing contract between NARS, Customer, and other parties relevant to this contract.
X. Settlement by Arbitration
Any claim or controversy that arises out of or relates to this agreement, or the breach of it, shall be settled by arbitration in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in any court with jurisdiction unless otherwise specified under this agreement.
XI. Choice of Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflicts of laws provisions. Each of the Parties hereby consents to the exclusive jurisdiction of any State or Federal court situated in the State of Arizona (Maricopa County), U.S.A., and waives any objection based on lack of personal jurisdiction, improper venue or forum non conveniens, with regard to any actions, claims, disputes or proceedings relating to this Agreement or its performance or breach, including claims and actions where NARS is directly or indirectly affected/impacted.
The prevailing party in any litigation initiated under this agreement shall be entitled to reasonable attorney’s fees and court costs incurred.
XII. Contact Information
Any question regarding this Agreement should be directed to the following address:
20025 N. 20th Street #135
Phoenix, AZ 85024
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