These terms and conditions of service (the “Terms and Conditions”) constitute a legally binding
contract among the Parties (defined below) and shall apply solely to services provided by
FORSEESHIPPING Auto
Transport Corp. (“FORSEESHIPPING”) for the arrangement of transportation services in North America.
The Terms
and Conditions are subject to change by FORSEESHIPPING upon posting on FORSEESHIPPING’s website from
time to time. The
most current and controlling version of the Terms and Conditions is published
HERE. FORSEESHIPPING is bonded
and duly
authorized as a property
broker with the Federal Motor Carrier Safety Administration under MC No: 1549367 and DOT No:
4075661. All orders, unless
stated otherwise and agreed upon in writing, are cash upon delivery of the vehicle (cash or
cashier's check/certified check).
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1. Definition
- “Auxiliary Services” are those services that are performed prior to or subsequent to
transportation such as storage which is requested by the Customer and arranged by
FORSEESHIPPING as
an additional service.
- “Bill of Lading” is the reference to the official shipping document, sometimes completed
by CUSTOMER or in some cases by the Carrier or other authorized person or entity
accepting the Shipment, containing pertinent information about the Shipment such as
weight, condition of the Shipment, and the like. The Bill of Lading may include, but not
be limited to, shipping documents directly referred to and titled as a Bill of Lading,
and also other shipping documents commonly used in the industry such as Delivery
Receipt, etc., which duly authorize the Carrier to accept the Shipment.
- “Bill to Party” is the person or entity to whom the Bill of Lading instructs
FORSEESHIPPING to
issue the invoice for the Shipment.
- “Carrier” is the person or entity selected by FORSEESHIPPING to actually perform the
transportation
of the Shipment with its own means of transport under its own motor carrier authority,
and subject to carrier liability as a result of an express or implied undertaking to
assume such liability.
- “Consignee” is the person or entity listed as the “ship to” party or to whom the Bill of
Lading instructs the Carrier to deliver the Shipment.
- “CUSTOMER” or “Shipper” includes the person or entity with whom FORSEESHIPPING has
contracted to
arrange to move the Shipment and any Person who directly benefits from services
performed pursuant to the Terms and Conditions
- “Parties” include the CUSTOMER, the Consignee, the consignor, FORSEESHIPPING, and any
other Person
having a present or future interest in the Shipment or any Person acting on behalf of
any of the above-mentioned parties with respect to a Shipment.
- “Person” means any individual, corporation, limited liability company, joint venture,
trust, partnership, or other entity.
- “FORSEESHIPPING” means FORSEESHIPPING Auto Transport Corp, its affiliated companies, and
their respective
employees, officers, directors, and agents performing freight brokerage services
pursuant to the Terms and Conditions.
- “Shipment” or “Vehicle” is the cargo listed and described on the Bill of Lading, to be
transported by the Carrier, or as amended in subsequent written documentation provided
to FORSEESHIPPING.
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2. Agreement to Terms and Conditions
In tendering a Shipment to FORSEESHIPPING for FORSEESHIPPING to arrange for the
transportation of the same, or
otherwise engaging the services of FORSEESHIPPING in any other fashion, CUSTOMER agrees that
the
version of the Terms and Conditions in effect at the time the shipment is tendered to
FORSEESHIPPING for the arrangement of the transportation will apply to the Shipment, and its
transportation by the Carrier, and the Auxiliary Services, which no agent or employee of
the Parties may alter. To the extent the Terms and Conditions conflict with a Bill of
Lading or other shipping documents, the Terms and Conditions shall control. Further,
except to the extent the Terms and Conditions conflict with any written agreement (other
than a Bill of Lading or shipping document) between the Parties, the Terms and
Conditions shall supersede any alleged or asserted oral agreement, promise,
representation, or understanding between the Parties. In the case of conflict between
the Terms and Conditions contained herein and those set forth by the Carrier’s General
Rules Tariff, these Terms and Conditions shall apply.
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3. Quotations
Except as set forth in a written agreement between the CUSTOMER and FORSEESHIPPING,
quotations as to
freight charges or other charges provided by FORSEESHIPPING to the CUSTOMER are valid for
seven (7)
calendar days. CUSTOMER understands that quotations are provided to CUSTOMER in reliance on
the information furnished to FORSEESHIPPING at the time the quotation is provided, and are
subject to
change based on actual weights, the actual make, model, or condition
of Vehicle, dimensions, and volumes tendered by the CUSTOMER, as well as due to unforeseen
or unanticipated costs, occurrences, or events which are beyond the control of
FORSEESHIPPING.
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4. Customer’s Warranty; Preparation of Vehicle for Transport; and Post-transport
Conditions
Customer warrants that each Shipment is properly classified and completely described on the
Bill of Lading or other relevant shipping documentation furnished by Customer, that each
Shipment is, except as otherwise noted on the Bill of Lading, in good order and condition.
The customer also warrants its compliance with all applicable laws, rules, and regulations
including, but not limited to, customs laws, import and export laws, and Hazardous Materials
laws. The customer shall furnish such information and attach to the Bill of Lading such
documents as are necessary to comply with all laws, rules, and regulations. The customer
further agrees to the following:
- Preparation of Vehicle for Transport. The customer must prepare the Vehicle for
transport and remove all loose parts and fragile accessories, including without
limitation low hanging spoilers. Customer shall defend, indemnify, and hold
FORSEESHIPPING and the
Carrier harmless from any claims, damages, or loss arising out of any part of the
Vehicle coming loose or falling off during transport of the vehicle, including without
limitation claims for damage to other property or personal injury (including death) to
any person.
- Removal of Racks. The customer must remove all nonpermanent, outside mounted
luggage and other racks from the Vehicle prior to transportation.
- Vehicles Must be in Operable Condition. Vehicles must be tendered to the Carrier
in good running condition (unless otherwise noted) with no more than a half tank of
fuel, and no less than ¼ tank, of fuel.
- Alarm Systems Disarmed. Customers must disarm any alarm system installed in the
Vehicle, or provide valid instructions with regard to disarming the alarm prior to the
transportation of the vehicle. If an alarm sounds, and there is no key or instructions
to turn it off, the Carrier may silence the alarm by any means and the Customer agrees
that neither FORSEESHIPPING nor the Carrier will be liable for any damage to the vehicle
in such an
instance.
- Motor Carrier/ FORSEESHIPPING Not Liable for Personal Property. The customer must
remove all
luggage and personal property from the Vehicle prior to transportation unless the
Customer has disclosed the contents of the personal property to FORSEESHIPPING prior to
transportation of the Vehicle and FORSEESHIPPING agrees to such items being left in the
Vehicle. The customer agrees that neither FORSEESHIPPING nor the Motor Carrier is liable
for any
personal property left in the Vehicle in violation of this condition. Any personal
property left in the Vehicle not disclosed and agreed to by FORSEESHIPPING is at the
Customer’s own
risk and the Customer agrees to defend, indemnify, and hold FORSEESHIPPING and the Motor
Carrier
harmless from any claims related to any personal property left in the Vehicle in
violation of this condition. Motor Carrier will not take an inventory of personal items.
The Customer further acknowledges and understands that the Carrier’s cargo insurance may
not cover any personal items left in the Vehicle.
- Oversized; Inoperable Vehicles. Customers will be assessed additional charges for
oversized Vehicles (including without limitation limousines, lifted vehicles, and dual
or oversized wheels). If the Vehicle is oversized, the Customer is responsible for
inquiring about the additional charges. If FORSEESHIPPING is not advised that the
Vehicle is
inoperable or oversized prior to pick-up, additional charges must be paid in cash or
money order to the Carrier prior to transportation.
- Pre-trip Inspection. The Carrier and Customer will, prior to transportation,
inspect the Vehicle for pre-existing damage to the exterior by completing a vehicle
inspection report recorded on the Bill of Lading. The Carrier and Customer will execute
the vehicle inspection report to acknowledge the pre-transportation condition of the
Vehicle. The customer will receive a copy of the signed Bill of Lading and vehicle
inspection report. The Carrier’s responsibility for the Vehicle begins after the
pre-trip inspection is completed and signed.
- Delivery. Customer, or an agent of Customer designated by Customer prior to
transportation, must be present at delivery. After transportation of the Vehicle, the
Carrier and the Customer will inspect the Vehicle for any damage that occurred during
transport. The Carrier and Customer will sign a final copy of the Bill of Lading
acknowledging the condition of the Vehicle at delivery. If the Bill of Lading is signed
without notation of any damage, the Customer is affirming that he/she received the
Vehicle in good condition. The Carrier’s responsibility for the Vehicle ends when the
Customer signs the final bill of lading.
- Toll Charges. Neither FORSEESHIPPING nor the Carrier is responsible for any toll
charges or
fees incurred by the Customer or another party for Vehicles transported by the Carrier.
It is the Customer’s responsibility to turn off and/or remove any toll transponders from
the Vehicle prior to transportation thereof. The customer agrees to release and hold
FORSEESHIPPING
and the Carrier harmless from any toll charges incurred during the transportation of the
Vehicle.
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5. Independent Contractors
It is understood between FORSEESHIPPING and CUSTOMER that FORSEESHIPPING is not an agent for
the Carrier or
CUSTOMER and shall remain at all times an independent contractor. CUSTOMER does not exercise
or retain any control or supervision over FORSEESHIPPING or its operations, employees, or
carriers. FORSEESHIPPING
does not exercise or retain any control or supervision over the Carrier or over the
Carrier’s operations or employees. FORSEESHIPPING does not exercise or retain any control or
supervision over CUSTOMER or over the CUSTOMER’s operations or employees.
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6. Waiver
Failure of either party to insist upon performance of any of these Terms and Conditions, or
to exercise any right or privilege herein, or the waiver of any breach of any of these terms
and conditions, shall not be construed as thereafter waiving any such terms, conditions,
provisions, rights or privileges, but the same shall continue and remain in full force and
effect as if no forbearance or waiver had occurred.
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7. Back Solicitation
CUSTOMER shall not solicit the services of FORSEESHIPPING’s motor or other freight carriers
where the
CUSTOMER’s use of such carrier first occurred through the FORSEESHIPPING’s efforts. If the
CUSTOMER
breaches this provision, FORSEESHIPPING shall be entitled, as reasonable damages and not as
a penalty,
to a commission of fifteen percent of the gross revenue from traffic assigned by CUSTOMER to
such carrier for a period of fifteen months. CUSTOMER also agrees that the breach of this
provision entitles FORSEESHIPPING to be entitled to obtain an injunction against CUSTOMER in
a court of
competent jurisdiction, at FORSEESHIPPING’s option.
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8. Terms of Payment; Deposit
- Deposit and Payment of Balance. Except for Hawaii shipments (discussed below), a
deposit is due and payable to FORSEESHIPPING when the Carrier is dispatched to pick up
the Vehicle.
However, if a cancellation request is received before the Vehicle has been picked up,
the deposit will be fully refunded. The order status being updated to reflect that a
Carrier has been assigned to the Shipment will not affect the refundability of the
deposit in the event of a cancellation prior to pickup.Customer authorizes
FORSEESHIPPING to
process Customer’s credit/debit card once the order has been placed and the order form
is signed electronically by Customer. For orders in the amount of $2,299 or greater,
Customer authorizes FORSEESHIPPING to process ACH and electronic bank debits. Regular
rate orders
above $2,299 must be paid via ACH/wire transfer only.The balance of the payment is due
when the Carrier arrives to deliver the vehicle. Payment must be made to the Carrier in
cash, cashier’s check, or money order. Business checks are accepted only upon
FORSEESHIPPING’s
agreement in writing prior to pickup. Certified cashier’s checks or money orders must be
made payable to the Carrier assigned to transport the Vehicle, not FORSEESHIPPING.
Personal checks
or credit cards are NOT accepted for the remaining balance due to Carrier.CUSTOMER may
not offset damage claims or any other amounts from the deposit or freight charges owed
to FORSEESHIPPING/Carrier, including without limitation by seeking to charge back a
credit card or
stop a check.
- Cancellation. FORSEESHIPPING will refund all payments made by Customer if (A) The
vehicle is
not picked up or (B) Customer requests a cancellation in writing to FORSEESHIPPING
before the
vehicle is picked up. Phone requests will not be accepted and are not considered an
official cancellation request. FORSEESHIPPING reserves the right to cancel the order at
any time,
at FORSEESHIPPING’s discretion.
- In accordance with our 100% money-back guarantee, the deposit is fully refundable in the
event a cancellation request is received and the vehicle has not yet been picked up.
- Past-due Invoices. Past-due invoices are subject to a service charge, calculated
on the outstanding balance, at the lesser of (i) the rate of two percent (2%) per month
or (ii) the highest legal rate authorized by applicable law. The service charge is not
intended as an alternative to payment when due, and upon delinquency further purchases
may be declined and the CUSTOMER’s account may be referred for collection. CUSTOMER
agrees to pay all costs including reasonable collection costs, attorney’s fees and
expenses related to the enforcement of the applicant’s obligations hereunder. The
CUSTOMER is liable for all charges payable on account of such CUSTOMER(s) shipment,
including but not limited to transportation, fuel and other applicable accessorial
charges, including all adjustments issued by the Carrier(s) after the shipment, and all
duties, customs assessments, governmental penalties and fines, taxes, and
FORSEESHIPPING’s attorney
fees and legal costs allocable to this shipment and/or all disputes related thereto.
CUSTOMER agrees to pay any convenience fees charged by FORSEESHIPPING related to the
payment of
services via credit card or other electronic payment methods.
- Lien; Adjustment of Freight Charges/ Quote. FORSEESHIPPING shall have a lien on
the Shipment
for all sums due to it relating to this Shipment or any other amounts owed by CUSTOMER.
FORSEESHIPPING reserves the right to amend or adjust the original quoted amount or
re-invoice the
CUSTOMER if the original quoted amount was based upon incorrect information provided at
the time of the original quote or if additional services by the Carrier were required or
otherwise authorized by the CUSTOMER to perform the pickup, transportation and delivery
functions therein, including without limitation if the Vehicle is found to be
inoperable, customized in any way, or not as listed or described at the time of booking.
FORSEESHIPPING and the Motor Carrier reserve the right, at their sole discretion, to
refuse any
Shipment at any time. Unless otherwise agreed, brokers arranging Shipments for clients
shall be liable, jointly and severally, for all charges payable on account of such
client's shipment.
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9. Hawaii Shipments
For Hawaii shipments, full payment is required upon placement of the order. Further, the
Customer authorizes FORSEESHIPPING to provide the ocean freight carrier (MATSON) with the
Customer’s
credit card information for the ocean freight charge. Receipts for the ocean freight charge
are available upon request.
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10. Bills of Lading
All Bills of Lading are NON-NEGOTIABLE. CUSTOMER’s or any other party’s insertion of
FORSEESHIPPING’s
name on the bill of lading shall be for convenience only and shall not change
FORSEESHIPPING’s status
as a property broker. CUSTOMER understands that even when, for CUSTOMER’s convenience,
FORSEESHIPPING
is listed on the bill of lading, FORSEESHIPPING is not a motor or other freight carrier and
will not
perform transportation of freight.
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11. Place of Pickup and Delivery
The Carrier shall pick up and deliver the Vehicle as close to Shipper’s/ Consignee’s door as
legally and as safely as possible. An alternate place to load or unload may be necessary
because of low-hanging trees, low-hanging wires, narrow streets, and residential and city
area restrictions. The pickup and/or delivery location may be changed by the Carrier as
deemed necessary by the Carrier for the safe loading/unloading of the vehicle.
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12. Indemnity
Customer, Consignor and Consignee shall be jointly and severally liable for all unpaid
charges payable on account of the Shipment pursuant to the Terms and Conditions and shall
pay or indemnify FORSEESHIPPING for claims, fines, penalties, damages, costs (storage,
handling,
re-consignment, return of freight to the shipper, etc.) or other sums which may be incurred
by FORSEESHIPPING by reason of any violation of the Terms and Conditions, any other default
of
Customer, Consignor, Consignee.
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13. Limitations of Liability and Claims
FORSEESHIPPING is a broker only and not a Motor Carrier. FORSEESHIPPING has no responsibility
to transport and
deliver Customer’s freight but is solely responsible for arranging for transportation of
Customer’s freight with a motor carrier authorized to transport Customer’s freight by
applicable regulatory authorities. FORSEESHIPPING has no responsibility, liability, or
involvement in
the issuance of insurance, the denial of insurance, or the payment of claims. The Customer’s
sole remedy for any claims for damage to the cargo is against the Motor Carrier. The Motor
Carriers governing Rules Tariff and/or Carrier’s contract with BROKER determines the
Carrier’s liability and limitations of liability. CUSTOMER is subject to such provisions of
the Carrier’s Rules Tariff and/or contract with FORSEESHIPPING. Carrier's Tariff terms or
Insurance
information will be provided to the CUSTOMER upon request.
- Damage/ Freight Claims. FORSEESHIPPING will facilitate and attempt to assist in
the
resolution of freight claims but has no responsibility or liability related to any claim
and any involvement by FORSEESHIPPING in facilitating freight claims shall not be deemed
as waiving
FORSEESHIPPING’s absolute defense to freight claims. The Carrier is responsible for
adjusting,
paying, declining, or otherwise resolving freight claims. All freight claims should be
submitted immediately to FORSEESHIPPING to help ensure the timely resolution of the
claim with the
Carrier. If the loss or damage is apparent, the consignee must note such loss or damage
information on the bill of lading/delivery receipt. If the loss or damage is not
apparent (concealed), the CUSTOMER or Consignee must contact FORSEESHIPPING within 24
hours after
taking delivery. If CUSTOMER gives FORSEESHIPPING notice of Customer’s intention to make
a loss or
damage claim, FORSEESHIPPING, Carrier, and/or Carrier’s insurer shall have the right to
inspect the
Vehicle at the location where the Vehicle was delivered. The filing of a claim does not
relieve the responsible party from payment of freight charges. Freight charge payment is
necessary in order for the Carrier to process a claim. CUSTOMER may not offset claims or
any other amounts from freight charges owed to FORSEESHIPPING or the Carrier.
FORSEESHIPPING may offset
freight or other charges owed by CUSTOMER from claims or other payments made to CUSTOMER
by FORSEESHIPPING or Carrier. If payment of the claim is made by FORSEESHIPPING to
CUSTOMER, at FORSEESHIPPING’s sole
discretion, CUSTOMER automatically assigns its rights and interest in the claim to
FORSEESHIPPING
so as to allow FORSEESHIPPING to subrogate its loss. Unless otherwise provided in an
applicable
statute, the failure to give timely notice of any loss or damage in accordance with this
Section 13 (a) or the failure to permit or arrange an inspection as required herein
shall constitute an absolute bar to recovery for any claim for loss or damage. Further,
it is incumbent upon the claimant and all other interested parties to mitigate the
damages to the extent that is reasonably possible under the circumstances.
- No Liability for Damage to Vehicle. As a freight broker, FORSEESHIPPING has no
liability for
loss, delay, or damage to the freight. The customer’s sole remedy for loss of,
non-delivery, or damage to the Vehicle is against the Carrier. FORSEESHIPPING is not
liable for any
loss, damage, late delivery, non-delivery, or consequential damages caused by the act,
default, or omission of (1) the Carrier, (2) the CUSTOMER, or (3) any other party who
claims an interest in the shipment, or caused by the nature of the shipment or any
defect thereof. Neither FORSEESHIPPING nor the Carrier provides compensation for loss of
use of the
Vehicle nor does FORSEESHIPPING/ Carrier provide reimbursement or compensation for
rental vehicles
as a result of damage to the Vehicle. Further, neither Carrier nor FORSEESHIPPING is
liable for
mechanical failure of the Vehicle or failure of any operating parts of the Vehicle.
- No Consequential Damages. IN NO EVENT SHALL FORSEESHIPPING BE LIABLE FOR ANY
SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
LOSS OF PROFITS OR LOSS OF MARKET, LOSS OF INCOME, DAMAGES ARISING FROM LOSS, ATTORNEY'S
FEES, OR PUNITIVE DAMAGES, WRONG DELIVERY, OR DAMAGE TO PROPERTY, DELAYED DELIVERY OR
FAILURE TO ATTEMPT DELIVERY, WHETHER OR NOT FORSEESHIPPING AUTO TRANSPORT HAD KNOWLEDGE
THAT SUCH
DAMAGES OR LOSSES MIGHT OCCUR.
- Bilateral Contracts. CUSTOMER authorizes FORSEESHIPPING to negotiate and enter
into
contracts with carriers that will perform transportation of CUSTOMER’S freight. Such
contracts may include terms that limit the carrier’s liability for loss or damage to
CUSTOMER’S freight. CUSTOMER understands and agrees that it will be bound by such
limitations of liability.
- Insurance. CUSTOMER represents and warrants it has insurance or is self-insured
to satisfy any damage or loss of freight involving the brokerage services of
FORSEESHIPPING.
Furthermore, CUSTOMER acknowledges that FORSEESHIPPING is not obligated to provide cargo
insurance
and is not legally liable for any loss, damage, or delay of freight. FORSEESHIPPING will
provide
details regarding the Carrier’s cargo insurance upon request.
- ALL COMMUNICATIONS REGARDING A CLAIM, INCLUDING DISPUTED DEBTS AND INSTRUMENTS TENDERED
AS FULL SATISFACTION OF A DEBT ARE TO BE SENT IN WRITING TO FORSEESHIPPING Auto
Transport Corp. at
the following address: 17119 Westminister Village Ct Houston TX, 77084.
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14. Forum Selection and Choice of Law
The Terms and Conditions, and any action or contract to which they apply, shall be governed
and interpreted by the laws of the State of New York U.S., without reference to its choice
of law provisions. All suits to recover a claim must be exclusively submitted to the
jurisdiction of a state or federal court embracing Suffolk County, New York, to which the
Parties irrevocably consent to personal jurisdiction and waive all objections thereto. Where
claims are not filed or suits are not instituted in accordance with the foregoing
provisions, such claims shall be deemed waived and will not be paid.
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15. Changes to Terms & Conditions
CUSTOMER agrees to be bound by all of the terms, and conditions contained in any shipping
order. FORSEESHIPPING may modify these Terms and Conditions from time to time by posting the
most
up-to-date Terms and Conditions on FORSEESHIPPING terms-and-conditions
page.
Such changes shall be effective for all transactions between FORSEESHIPPING and CUSTOMER on
the date of
the notice/posting.
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16. Website Access
All ownership rights, intellectual property rights, and other proprietary rights relating to
the FORSEESHIPPING website belong to FORSEESHIPPING. These Terms and Conditions do not
entail any assignment of
any intellectual property to CUSTOMER. Subject to the Terms and Conditions and the due
payment of all applicable fees, FORSEESHIPPING grants CUSTOMER a perpetual, non-exclusive,
worldwide,
non-transferable license to use the FORSEESHIPPING website. The rights granted under this
Section are
limited to CUSTOMER’s internal purposes only. Any use of the website by any third party or
for providing services to any third party is strictly prohibited. Notwithstanding the
aforesaid, the website may be used by CUSTOMER, its subsidiaries, and affiliates for their
internal purposes. FORSEESHIPPING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT
TO THE
WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR TITLE. FORSEESHIPPING will not be liable for any indirect, direct,
special, or
consequential losses or damages, including but not limited to, loss of business or lost
profits. Customer hereby releases, forever discharges, and holds FORSEESHIPPING harmless
from and
against all claims, actions, suit, proceedings, obligations, liabilities, losses, costs, or
expenses resulting from, related to, or in connection with Customer’s access to or usage of
FORSEESHIPPING’s website or breach of this Section 16.
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17. Severability
If any provision of the Terms and Conditions may be construed in two ways, one of which would
render the provision illegal or otherwise voidable or unenforceable and the other which
would render it valid and enforceable, such provision shall have the meaning which renders
it valid and enforceable. The language of all provisions of the Terms and Conditions shall
be construed according to fair meaning and not strictly construed against any party. The
provisions of the Terms and Conditions are severable and shall be interpreted and enforced
as if all completely invalid or unenforceable provisions are not contained herein, and
partially.
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18. Pick Up and Delivery Times; Delay
FORSEESHIPPING shall provide the Customer with an estimated pickup date and estimated
delivery date. The
customer acknowledges and agrees that pick-up dates and delivery dates are estimates! The
customer further agrees and acknowledges delays may occur prior to, and/or during, transport
of the Vehicle due to various issues, including without limitation driver shortage, weather,
and road conditions. FORSEESHIPPING does not guarantee any pickup or delivery times or
dates. FORSEESHIPPING and
Carrier are not liable for loss or damages occasioned by delays of any kind or for any
reason. Further, FORSEESHIPPING and Carrier are not responsible for car rental fees or
accommodation
fees due to delay in delivery of the Vehicle.
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19. Confidentiality
Pricing information, including any information contained in a written or oral quote, is
confidential information between the parties and may not be disseminated to other than those
CUSTOMER employees and agents with a need to know and who are responsible for analyzing its
contents and may not be disseminated to any third parties without the express permission of
the other party.
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20. Logo/ Trademark
CUSTOMER shall not use FORSEESHIPPING’s name, logo, trademarks, or trade names in publicity
releases,
promotional material, customer lists, advertising, marketing or business generating efforts,
whether written or oral, without obtaining FORSEESHIPPING’s prior written consent, which
consent may be
withheld at FORSEESHIPPING’s sole discretion.
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21. Undelivered Freight; Storage
- If freight cannot be delivered because of the Consignee’s refusal or inability to accept
it, or because the Carrier cannot locate the Consignee, or if freight cannot be
transported because of an error or omission on the part of the Consignor, the Carrier
will make a diligent effort to notify the Consignor promptly that the freight is being
stored and the reason therefor.
- Undelivered shipments will be placed in storage. Neither FORSEESHIPPING nor the Carrier
has any
liability for any storage fees. The customer shall pay all storage fees delivery prior
to pickup of the Vehicle. In the event the Vehicle is re-delivered, the Customer is
responsible for all accrued storage fees and freight charges for the re-delivery of the
Vehicle.
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22. Disputes and Collections
Any credit card dispute/chargeback received will be reviewed in accordance with the
above-mentioned terms and conditions. If a dispute arises and is escalated to our
collections agency, additional fees may be imposed. This could result in a larger total
amount owed than the original disputed amount. FORSEESHIPPING Auto Transport reserves the
right to add
a $200 fraudulent chargeback fee for any chargeback/credit card dispute submitted by the
customer/card holder.
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23. Money-back Guarantee
- In accordance with our 100% money-back guarantee, the deposit is fully refundable if a
customer requests a cancellation before the vehicle has been picked up by the assigned
carrier.
- As per our cancellation policy, cancellation requests must be submitted in writing to:
info@forseeshipping.com. Phone
requests
will not be accepted.
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24. FORSEESHIPPING Auto Transport Best Price Guarantee
This clause clearly outlines the terms of the guarantee and any exclusions that apply.
- Our Commitment: At FORSEESHIPPING Auto Transport, we are dedicated to providing
our
customers with exceptional service at the most competitive prices. We are confident in
our pricing structure and therefore, offer a Best Price Guarantee to ensure that you
receive the best possible rate for your auto transport needs.
- Price Match Promise: If you find a lower price from a reputable competitor for an
identical auto transport service within 24 hours of booking with us, we will gladly
review and confirm if we can match or beat that price. We strive to ensure you receive
the highest quality service at the lowest possible cost.
- Price Adjustment: Upon successful verification of your claim, we will adjust your
booking to reflect the matched price, ensuring you receive the best available rate.
- Exclusions: This Best Price Guarantee does not apply to special promotions or
rates available through third-party sites. Additionally, the Guarantee is not valid in
cases of pricing errors or clear typographical errors.
- Right to Modify or Cancel: FORSEESHIPPING Auto Transport reserves the right to
modify or
discontinue the Best Price Guarantee at any time without prior notice.
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25. FORSEESHIPPING Auto Transport Guaranteed Pickup Service
- Guaranteed Pickup Service: FORSEESHIPPING Auto Transport (“FORSEESHIPPING”)
offers a Guaranteed Pickup
Service to provide our customers with certainty and peace of mind in their auto
transport needs. This service guarantees that your vehicle will be picked up within the
specified timeframe agreed upon at the time of booking.
- Eligibility: The Guaranteed Pickup Service is available for select routes and
vehicle types. Customers must explicitly opt for this service. Customers understand that
this is a premium service that adds an additional cost to the original price for the
auto shipment.
- Scheduling: Customers opting for the Guaranteed Pickup Service must provide
accurate and complete information regarding the pickup location, vehicle details, and
preferred pickup date. FORSEESHIPPING will confirm the pickup details and provide a
Guaranteed
Pickup Date.
- Pickup Guarantee: FORSEESHIPPING guarantees to pick up your vehicle on the
confirmed
Guaranteed Pickup Date. In the rare event that we are unable to meet this commitment due
to unforeseen circumstances (e.g., severe weather, road closures, mechanical failures),
FORSEESHIPPING will provide timely communication and work diligently to reschedule the
pickup at
the earliest available opportunity.
- Customer Responsibilities: Customers must ensure that the vehicle is prepared for
transport and accessible to our carriers at the agreed-upon time and location. Any
changes to the pickup details must be communicated to FORSEESHIPPING at least 48 hours
prior to the
Guaranteed Pickup Date.
- Exclusions: The Guaranteed Pickup Service does not cover delays caused by
customer unavailability, inaccurate information provided by the customer, force majeure
events, or other circumstances beyond FORSEESHIPPING’s reasonable control.
-
26. Electronic Communications
By checking the consent box on our website, You consent to receive communications from us
electronically, such as e-mails, texts, ringless voicemails, mobile push notices, or notices
and messages, as set forth in our Privacy Policy. When you send emails, text messages, and
other communications from your desktop or mobile device to us, you may be communicating with
us electronically, and you consent to receiving messages from us via this service and/or
through other of our communication methods. You can retain copies of these communications
for your records. You agree that all agreements, notices, disclosures, and other
communications that we provide to you on our Websites, Apps and/or other electronic or
digital medium satisfy any legal requirement that such communications be in writing.
