Terms and Conditions
Introduction
Welcome to Quickship LLC (“Company”, “we”, “our”, “us”)! Quickship LLC, hereinafter referred to as the "Brokerage Firm," is a duly established and legally recognized entity operating as an auto transport brokerage firm based in Massachusetts, USA. The Brokerage Firm acts as an intermediary and facilitator, connecting individuals, companies, and entities seeking transportation services for their vehicles, hereinafter referred to as "Customers," with licensed carriers authorized by the relevant regulatory authorities, hereinafter referred to as "Carriers." As a transportation broker, the Brokerage Firm engages in the arrangement, coordination, and organization of vehicle transportation services, while not directly owning, operating, or providing the transportation services themselves. The Brokerage Firm assumes no ownership or operational responsibilities over the Carriers involved in the transportation process. These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at https://quickship.crunchyapps.com/ (together or individually “Service”) operated by Quickship LLC. Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing info@quickshipcars.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.
Terminologies
The auto transportation business regularly uses some terminologies that people not accustomed to the industry might find confusing. Therefore, we have clearly defined all these terminologies that you’ll come across while accessing our services. 1. "QuickShip," hereinafter referred to as the "Brokerage Firm," encompasses QuickShip LLC, its affiliated entities, and subsidiaries. The Brokerage Firm operates as a transportation broker in accordance with the provisions set forth in 49 U.S.C. § 13102(2). It specializes in facilitating the arrangement of freight transportation services through the utilization of third-party Carriers. 2. "Carrier" refers to a licensed motor carrier of property, as defined in 49 U.S.C. §13102(14), authorized by the State and/or Federal Department of Transportation, or a carrier of goods by sea in accordance with 46 U.S.C. §30701. 3. "Carrier Form" denotes a receipt, inspection report, Bill of Lading, shipping order, or similar document provided by the Carrier at the Point of Origin and/or Destination. 4. "C.O.D." stands for "collect on delivery" or "cash on delivery." 5. "Customer" refers to the individual, company, or entity, including their agents and representatives, who places an order for the transportation of a Shipment. 6. "Customer's Agent" designates an individual over the age of 18, appointed by the Customer to act on their behalf or as their representative. 7. "Bill of Lading" is a document provided by the Carrier to the Customer upon delivery, which outlines the details of the Shipment, including its condition, Point of Origin, Destination, and other relevant information. The Bill of Lading can serve as a receipt or a contractual agreement between the Carrier and the Customer. 8. "Order" signifies the Customer's request for Quickshipcars.com to arrange for the transportation of their Shipment. 9. "Order Confirmation" denotes any written confirmation from Quickshipcars.com to the Customer, confirming the Customer's Order and providing other relevant details, including the Shipment's description, Point of Origin, Destination, dates, and quoted rate. 10. "Shipment" refers to the Customer's property, specifically an automobile or motorized vehicle, arranged for transportation in accordance with these TERMS. 11. "Point of Origin" represents the designated pick-up location for the Shipment, initially chosen by the Customer or later modified by mutual agreement between Quickshipcars.com and the Customer before transport. 12. "Destination" indicates the designated drop-off location for the Shipment, initially chosen by the Customer or later modified by mutual agreement between Quickshipcars.com and the Customer prior to delivery.
Operations
Quickship’s sales agents start looking for the right carrier for a customer as soon as the request is placed. Once a carrier is found, and approved by the customer, the customer is asked to agree to all terms and conditions mentioned hereby. 2. Quickship ensures that its customers are duly informed from the get-go that Quickship only acts as a transportation brokerage and not as the owner of the carrier or transporter itself. 3. Once the deal is made, the customer is informed about the pickup time and asked to pay a confirmation fee. 4. While loading the car onto the carrier, the driver will sign a ‘bill of Lading’ to ensure that the car reaches the destination as it is. 5. While Quickship provides an estimated pick-up and drop-off time and date, delays can occur due to bad weather, traffic conditions, government regulation, mechanical problems, and other reasons that are beyond Quickship’s control. The customer is informed from the get-go that pickup and drop-off dates are not guaranteed. 6. All ocean transportation organized by QuickShip will also be governed by the terms and conditions specified in the ocean Carrier's bill of lading, tariff, schedules, rates, and rules. Ocean Carriers provide limited liability coverage for loss or damage, and it is the Customer's responsibility to consult with the ocean Carrier regarding the option of acquiring additional insurance.
Customer’s Obligations
Accuracy of Information: Customer understands and accepts that they are solely responsible for ensuring the accuracy of all details, including the Shipment description (year, make, model, body style, trim, etc.), Point of Origin, Destination, fees, and special instructions provided in the Order Confirmation. Any modifications or corrections to the Shipment or Order may result in additional fees or cancellation. The customer waives all claims against Quickship for any additional charges or cancellation if the Shipment does not match the details in the Order Confirmation. 2. Shipment Size and Condition: The customer must inform Quickship about the Shipment's size and condition when booking and prior to the pickup date. If the Shipment becomes inoperable during transit or if it has modifications such as aftermarket accessories, oversized dimensions, or is a large vehicle like a limousine or hearse, the Carrier may charge additional fees or refuse to transport the Shipment. 3. Preparing Shipment: The customer is responsible for preparing the Shipment, including securing or removing loose parts, fragile accessories, spoilers, and non-permanent luggage racks. The Shipment should be operable with no more than a quarter tank of fuel. The customer accepts liability for any damages or losses caused by loose or detached parts. 4. Security System: The customer must disarm any alarm system in the Shipment or provide instructions for disengaging it to the Carrier. If the alarm activates during transit and there are no keys or instructions to turn it off, the Carrier may take reasonable measures to silence the alarm without recourse by the Customer. 5. Personal Property: Customer may include one suitcase or bag weighing up to 100 lbs. in the Shipment's trunk or storage area. Quickship and the Carrier must be notified before loading. The Carrier has the right to reject unsafe or illegal personal property. Valuable items should not be included in the Shipment. Quickship and the Carrier are not liable for personal items left in the Shipment or for damage caused by improper loading. Customer includes personal property at their own risk. 6. Prohibited Items: Customer acknowledges the strict prohibition on including explosives, firearms, flammable products, live animals or plants, contraband, drugs, alcohol, or any illegal items in the Shipment. Discovery of such items may result in confiscation or disposal by law enforcement or the Carrier, leading to the cancellation of the Order without compensation. The customer bears sole responsibility for any fees, fines, damages, or liabilities arising from violating this prohibition. 7. Shipment by Sea: No personal property or illegal goods are allowed in the Shipment for sea transportation. The Shipment must be empty except for OEM or factory-installed equipment. Customers must provide the required documents and paperwork for U.S. and international customs. VIN and approximate value in U.S. dollars must be shared with Quickship when placing the Order. Additional fees associated with shipping ports are the Customer's responsibility.
Shipment Collection and Drop-off
The customer acknowledges that changes to the Point of Origin or Destination may be necessary due to various factors. If the Carrier cannot access the designated locations, the Customer agrees to arrange an alternate meeting point. 2. The customer or their designated Agent must be present at both the Point of Origin and Destination. During pickup, they must inspect the Shipment with the Carrier for any pre- existing damage and document it. Photographs are recommended. 3. Upon delivery, the Customer or their Agent must carefully inspect the Shipment with the Carrier for any new damage and note it on the Bill of Lading. They should sign the Bill of Lading and obtain a final copy from the Carrier. Photographs prior to signing are advised. 4. By signing the Carrier's Form or Bill of Lading without noting any damage, the Customer confirms receipt of the Shipment in satisfactory condition and releases Quickship and the Carrier from further responsibility.
Carrier’s Obligation
Quickship will make every effort to pick up and deliver the Customer's Shipment as close to the designated Point of Origin and Destination as legally and safely as possible. The Shipment will be transported in a commercially reasonable manner. 2. At the Point of Origin and/or Destination, Quickship may provide a Carrier Form, receipt, or Bill of Lading. It is important for the Customer or their Agent to carefully review these documents as they may establish the transportation contract between the Customer and Quickship. For any disputes or questions regarding these documents, the Customer should contact Quickship directly. 3. Customers should also be aware that they may be subject to the Carrier's specific terms and conditions of service, tariffs, rules, or classification. To obtain a copy of these documents, the Customer must reach out to the Carrier directly.
Payment Policy and Procedures
Payment Responsibility: The customer acknowledges and agrees to make full payment for each order and any additional services according to the terms specified in the Order Confirmation and these TERMS. No offsets, chargebacks, or reductions will be accepted by the customer for any actual, pending, or unfiled claims, losses, delays, or damages. 2. Payment for Order Confirmation: For confirmation of the order, Quickship charges a fixed fee of $150. This fee is refundable if the order is declined before the arrival of the carrier. Once the carrier has arrived, this fee becomes non-refundable. However, for information on the rest of the payment and reimbursement, refer to the next section, titled, “Cancellation and Reimbursement Terms”. 3. Payment Due for Quickship's Services: Payment for Quickship's services becomes due when a carrier accepts an order, as Quickship's services are considered rendered at that point. 4. Payment Method for C.O.D. Balances: All payments for the balance due to the carrier for C.O.D. (Cash on Delivery) shipments must be made in cash, certified funds, cashier's check, or money order payable to the carrier. Personal checks, debit cards, or credit cards are not acceptable forms of payment when settling amounts with the carrier. 5. Interest on Outstanding Invoices: Any outstanding invoices for Quickship's services will accrue interest at a rate of one and a half percent (1.5%) per month. The customer will be liable for all expenses incurred by Quickship, including reasonable attorney's fees, to collect any outstanding charges. 6. Storage and Lien for Non-Payment: In case the customer refuses to pay fees or accept delivery, leading to storage of the shipment, the customer will be responsible for the storage expenses. The carrier retains the right to hold the shipment and claim transportation charges until the outstanding balance is settled. The customer will also be responsible for any storage and redelivery charges, and they agree not to seek reimbursement from Quickship.
Cancellation and Reimbursement Terms
Quickship is conscientious about cancellations, and therefore, makes sure customers are always treated fairly. Order cancellations occur at different stages, and therefore cancellation fees can differ based on the progress of the order. Medium of cancellation: Quickship only accepts cancellation requests that are conveyed through email. Cancellation requests that are made through SMS, call, chat, or any other medium will not be accepted as valid requests. 1. Cancellation before assigning a carrier: No cancellation fee will be deducted if an order is canceled before a carrier is assigned. The reservation fee charged by Quickship will be fully returned. 2. Cancellation after assigning a carrier but before pick up: In this case, 50% of the reservation fee will be deducted and the remaining 50% will be reimbursed to the client. 3. Cancellation due to price change: If Quickship is forced to change the price quoted, Quickship offers full reimbursement of the reservation fee if the customer does not want to go ahead with the new price. 4. Cancellation during the pick-up: Once a carrier has reached the given pick-up location, the customer will not be able to file for the reservation fee. Moreover, the customer will be bound to pay the dry run fee to the carrier. The carrier's driver will quote the dry-run fee, Quickship will have no say in this. To avoid such situations, Quickship ensures that the customer is aware of the progress of the order, by call as well as email. 5. Cancellation during the journey: Cancellation during the journey is not possible, the driver is bound to drop the vehicle at the given drop-off location, and the customer is bound to pay the fee. 6. Cancellation during a round trip: On a round trip, if a customer decides to cancel their plan of getting their vehicle delivered back before pick up on return, the payment for the return trip will be paid back, if already paid.
Loss, Damage, or Delay Claims
Quickship is an auto transportation brokerage and therefore is not liable for any loss, damage, or other claims for any reason. In case of a loss or damage, the customer is advised to claim the loss or damage from the carrier. 2. However, the customer must inform Quickship about the claim so relevant documents about the carrier can be provided to the customer. Quickship ensures maximum customer satisfaction by assisting them in claiming the loss from the carrier. 3. The Bill of Lading, defined in the terminology section, is a valid document that needs to be approved by the customer at the pick-up and drop-off locations. Once a customer has approved a bill of lading at the drop-off location, then the carrier can not be liable for any loss or damage claims. 4. All claims against a motor carrier company are governed by federal law, the Carmack Amendment to the ICC Termination Act of 1995, 49 U.S.C. §14706. However, the legal services are to be borne by the claimant only. 5. Claims against an ocean shipping company are governed by federal law, named Carriage of Goods by Sea Act, 46 U.S.C. §30701. 6. Any loss or damage caused due to bad weather, an act of god, political unrest, or loose, worn, or broken parts of a vehicle, or personal items in the vehicle will not be liable for claim from Quickship or the carrier.
Claim Indemnity
By entering into this agreement, the Customer agrees to provide full indemnification and defense to Quickship, its officers, directors, and employees, protecting them against any and all losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses (including legal fees), costs, suits, actions, and claims. These claims, whether actual, potential, threatened, or pending, may be brought by any individual or entity, including claims related to injury or death of individuals, property damage (including real estate and environmental), and other forms of liability resulting from the Customer's acts, omissions, or those of their agents, employees, or representatives.
Liability Limitations and Exceptions
Limited Liability: While QuickShip ensures every precaution to ensure the safe delivery of shipments, our total cumulative liability for any claims or damages, regardless of the cause (statute, contract, tort, etc.), will not exceed the total fees paid by the customer for our services under the respective Order Confirmation. No Warranties: Quickship does not provide any warranties or representations, whether expressed or implied. This includes warranties of title, non-infringement, merchantability, fitness for a particular purpose, or use, as well as any arising from the course of dealing, usage, or trade practice. Exclusion of Certain Damages: Under any legal theory, QuickShip will not be liable or responsible for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages related to a shipment or these terms. This includes damages such as loss of business, lost profits, litigation, and similar scenarios, even if advised of the possibility of such damages.
Settlement of Disputes
In the unlikely event that Quickship encounters difficulties in resolving a dispute, claim, or controversy arising from or related to these TERMS, an order, Quickship's services, or any other interaction with Quickship ('Dispute'), including Disputes that occurred prior to the Customer's acceptance of these TERMS, both parties agree to pursue resolution through mandatory arbitration. The arbitration proceedings will be overseen by the American Arbitration Association ('AAA') in adherence to the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes.
Miscellaneous
These TERMS and the parties’ agreement hereunder shall be construed in accordance with Title 49, United States Code, and the laws of the State of Massecheusats. 2. Quickship shall operate as an independent entity in relation to the Customer, and the content herein shall not be interpreted as conflicting with this contractor status. 3. Unless otherwise stated in these TERMS, the Customer may not transfer any rights under these TERMS without obtaining prior written consent from Quickship. These TERMS are legally binding and advantageous to both parties, as well as their respective successors and assignees. 4. The invalidity or unenforceability of any provision within these TERMS shall not diminish the validity or enforceability of any other provisions contained herein. 5. These TERMS replace all prior written or verbal representations and constitute the complete agreement between the Customer and Quickship. No changes to these TERMS can be made by any party other than Quickship. The Customer confirms having read these TERMS in their entirety, fully comprehends them, and agrees to abide by them by continuing with the transaction. 6. By waiving any claims or defenses based on a lack of reading, knowledge, or understanding of these TERMS, the Customer acknowledges their acceptance of these TERMS.
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