TERMS & CONDITIONS (Based On Industry Standards)
1. Shipmyride.com, (1559637 Alberta ltd). Hereafter referred to as SHIP MY RIDE or SMR, agrees to have vehicle(s) described on quotation shipped on or about the dates requested. SHIP MY RIDE may designate a reliable carrier/agent to fulfill the terms and conditions of this agreement. SHIP MY RIDE or its Agents do not guarantee a specific pickup or delivery date.
2. This order is subject to all terms and conditions of the carrier's straight bills of lading, copies of which are available at the office of carrier and are incorporated herein.
3. Carriers responsibility begins when the shipper or his agent signs the bill of lading at pickup, and terminates when the shipper or his agent signs the bill of lading at delivery. SHIP MY RIDE must be notified, should the shipper be unavailable for pickup or delivery, and his agent must be designated at that time.
4. SHIP MY RIDE hereby notifies shipper that his vehicle will be driven on and off the transporter, or to and from the transporter at the pickup or delivery site, should the carrier be unable to access either site. This does not relieve the consignee from making a reasonable effort to meet the truck at a suitable location. If vehicle is not made available to transporter once they have been dispatched and pickup date has been confirmed, you will be charged a dry run fee or the full amount to cover transporter fuel expenses.
5. All vehicles to be delivered with a balance due shall be paid by CASH or CASHIERS CHECK ONLY. Should delivery be attempted after attempted notification (3 to 24 hours voice notification to phone numbers provided by shipper) and shipper or his agent does not have proper funds or is unavailable to receive delivery, vehicle(s) will be taken to and left at the nearest terminal at the discretion of SHIP MY RIDE, where shipper will have to retrieve and pay for storage or delivery fees.
6. SHIP MY RIDE does not guarantee transport by any specific driver/carrier. Primary Insurance for your vehicle(s) is provided by the carrier assigned to your move.
7. If you are shipping an inoperable vehicle, you may be required to help load and unload said vehicle at the discretion of the driver. Should vehicle(s) become inoperable during transport, an inoperable fee of $100 to $500 (depending on vehicle size and/or our discretion) will be due at time of delivery in addition to any other moneys owed. It is shipper's responsibility to make sure vehicle is in proper working order.
8. SHIP MY RIDE or its agents will not knowingly transport vehicles with personal or household items in the passenger or trunk compartment. Federal regulation prohibits SMR or its agents from doing so. If such items are shipped unbeknown to SMR or its agents, such items become the sole responsibility of the shipper. Should damage occur or fines be levied, said fines or damage are the shippers responsibility. If you place personal items in your car you will be subject to additional fees at the discretion of the transporting company.
9. SHIP MY RIDE or its agents will not be responsible for vandalism, acts of god (fire, flooding, hail, sand storm, tornadoes, and earthquakes) or objects flying from the road or sky during transport. Shippers should maintain their own insurance for these reasons.
10. Shipper is responsible for preparing the vehicle(s) for transport, all loose parts fragile or protruding accessories, low hanging spoilers, fog lights, antennas, etc., must be removed and/or properly secured. Any part that falls off in transit is shipper's responsibility, including damages done by said part to any and all vehicles involved.
11. Should SHIP MY RIDE designate or assign the order to a third party carrier/agent, at the moment of possession, by this agreement, SHIP MY RIDE will not be liable for any misdeed, occurrences, incidentals, accidents, misbehavior or liabilities.
Third party carrier/agent are other transport companies, owner operators or brokers.
12. If damage or theft should occur, all moneys owed for transport must be paid to initiate a claim. Damage must be noted in the proper place on the bill of lading, and signed by driver and shipper, regardless of weather, or time of day (if shipper or agent is not available the transporter may sign for them). Signing the bill of lading without any notation of damage verifies that shipper or his agent has received said vehicle in good condition, and that SHIP MY RIDE and its agents are relieved of any further responsibility. Shipper or his agent MUST check vehicle thoroughly regardless time of day or day of year.
13. SHIP MY RIDE and its agents must also be notified of any Carrier Damage by email within 24 hours of your vehicle being delivered to the agreed destination. Shipper must complete a damage claim form and submit it with clear pictures, and 2 estimates within 3 days of receipt of said vehicle. SHIP MY RIDE will process your claim through our standard claims process which can take between 10 and 20 days to gather all required paperwork. Once your claim has been approved SHIPMYRIDE will instruct you to take you vehicle to a repair shop of our choice to have the repairs completed. Should you claim be disapproved we will provide you with a written explanation. If your vehicle was transported by a 3rd party carrier SHIP MY RIDE will support you in claiming for Carrier Damage from the 3rd party carrier, but in no way will SMR accept responsibility for any negligence of the assigned carrier. If your vehicle is valued at a higher than market rate, we suggest you purchase a special insurance rider.
14. Any claim or controversy arising from or relating to this agreement, or the performance or breach thereof, shall be subject to the jurisdiction of Calgary, Alberta. Shipper specifically waives any right to judicature of this matter at any other location. SHIP MY RIDE can only be liable for up to the amount of the deposit located on your quotation. In no case can SHIP MY RIDE be held liable for the designated carrier's damage. SMR will provide carriers insurance certificate and carrier information should any controversy arise.
15. Auto rental accruals will pay (up to $25.00 per day) when SHIP MY RIDE agent(s) has failed to deliver your vehicle(s) after 3 weeks (21 Days) from the date stated to have your vehicle delivered. The 3 weeks start on the date of delivery considering the, assignment time line (1-10 days) transit time, and layover times (1-10 days) on your particular route. When vehicle is loaded on the assigned carrier, but does not include special pickup requirements, including terminal or pickup services. Rental reimbursement covers primary vehicle only. Reimbursement is limited to 7 days or a total reimbursement of $175.00, and does not include outside Canada or NWT. In case of delays caused by situations out of our control, like truck or trailer breakdowns, severe weather conditions, auto rental accruals (this clause) will not aspply. rental car will not be honoured while vehicle(s) is being repaired should damage occur. A rental car receipt must be provided in order to receive reimbursement.
16. If you place an order with us, you have the option to cancel any time prior to your vehicle being assigned to a transporter and receive a refund, EXCLUDING Credit Card Fee and/or Wire Transfer Fees. If your vehicle is booked on a transporter prior to you emailing SMR to cancel your booking, an administrative cancellation fee (not to exceed $500) will be assessed to your order to pay for services rendered. Any cancelled order that was paid in full or going to or from USA or NWT will lose the convenience fee (if applicable) regardless of booking status. If your vehicle is not made available at the time of pick up or up to 4 days before, to the assigned carrier, SHIP MY RIDE could or will refuse refund of the total amount of the order for a DRY RUN (empty spot on trailer). SHIP MY RIDE reserves the right to give the customer one hour notice for ''Meet the Driver'' service, should the vehicle not be ready for this service, driver may leave without the vehicle and charging the customer for the full amount for the order (DRY RUN). SMR reserves the right to cancel your order at any time. If SMR exercises this right, your deposit and any other fees paid will be refunded in full.
17. SHIP MY RIDE is a licensed Carrier and booking website. We are responsible for booking the shipment of vehicles with a licensed and insured Motor Carrier Corporation, who handle their own damage claims. It may take a few weeks to process your claim, since the drivers must return to their terminals with the original Bill of Lading condition reports.
18. By either submitting your order online, sending us your order by fax or by email, SHIP MY RIDE understands you are placing your order and you accept the terms and conditions (in lieu of your signature) found here and on SHIP MY RIDE's web site.
19. SHIP MY RIDE reserves the right to hold your vehicle until payment is made in full for transporting and or damages that accrued and or any fee's, plus storage fees will apply. All the amounts (money) owed to SHIP MY RIDE must be paid to SHIP MY RIDE before the vehicle is released.
20. SHIP MY RIDE will try to provide the best service possible transporting your vehicles, many things may occur outside our control please read our terms carefully. The usage of our website you agree to our terms, and any action that is taken against SMR that is not supported, frivolous or outside our terms you may or will be responsible for our costs to defend ourselves and you agree to pay all our costs in full within 24 hours.
Non-disparagement. SHIP MY RIDE has internal procedures for complaints and disputes to be addressed and resolved. the Customer agrees to take no action which is intended (nor will cause or cooperate with others to), to harm SHIP MY RIDE or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to SHIP MY RIDE, publicly criticize, complain, ridicule, disparage or defame SHIP MY RIDE or its products, services, policies, directors, drivers, shareholders, or employees, with or through any written or oral statement or image (including, but not limited to, any statements made via websites, blogs, postings to the internet, or any third party, social media or emails and whether or not they are made anonymously or through the use of a pseudonym). You agree to provide full cooperation and assistance in assisting SHIP MY RIDE to investigate such statements if SHIP MY RIDE reasonably believes that you are the source of the statements. The parties agree and acknowledge that this non-disparagement provision is a material term of this Agreement, the absence of which would have resulted in SHIP MY RIDE refusing to enter into this Agreement.
In consideration of the services offered, the purchaser also agrees not to leave reviews of a negative nature about SHIP MY RIDE on any website on the Internet. The purchaser agrees that breach of this provision will cause SHIP MY RIDE liquidated damages of $25,000, which the purchaser shall pay SHIP MY RIDE on demand.
21. CHANGES TO SERVICE: The Website is expected to change from time to time. SHIP MY RIDE reserves the right to change any service offered or content, or the features of any service offered on the Website at any time with or without notice.
22. CONFIDENTIALITY / NON-DISCLOSURE: As a result of the performance of this Terms of Service and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Terms of Service. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Terms of Service. Furthermore, you acknowledge that Our Information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
23. PROTECTION OF INTELLECTUAL PROPERTY CONTENT: The SHIP MY RIDE Website contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this Website including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this Website does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
24. GOVERNING LAWS: THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ALBERTA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
SHIP MY RIDE LIABILITY DISCLAIMER-
SHIP MY RIDE OR ITS AGENTS SHALL NOT BE RESPONSIBLE FOR THE FOLLOWING:
(THESE EXCLUSIONS ARE ALL STANDARD BUSINESS PRACTICES OF THE AUTO TRANSPORTATION INDUSTRY)
1. Damage to undercarriage, exhaust system, suspension, wheel bearings, tie downs, brakes, alignment, tuning, charging system or battery. (No evaluation is made of these components or systems at pickup location) therefore SHIP MY RIDE or its agents do not accept responsibility for them.
2. Damage not detected at pickup location due to poor weather or lighting conditions.
3. Damage to car phones or antenna under any condition. (SHIP MY RIDE suggests that they be removed)
4. Loss of or damage to audio or video equipment not installed at the factory. Including antenna that does not retract to within 3 inches of the vehicles body.
5. Damage or fines incurred because shipper left personal or household items in vehicle.
6. Damage caused by fluids or objects flying up from the roadway, or out of the sky.
7. Damage to cloth or vinyl convertible or decorative tops over 2 years old.
8. Damage to T-tops, boots, bras, caps, or any other type of canvas covering.
9. Damage caused by vandalism during transport.
10. Damage caused by leaking fluids, such as battery acid, motor oil, transmission fluid, brake fluid, power steering fluid, radiator coolant, or fallout resulting from acts of god.
11. Damage caused by freezing of cooling system and/or battery.
12. Damage caused by failure of factory tie-downs or pull through frame tie-down holes.
13. Damage to, or caused by any vehicle that cannot be driven on or off the transport under its own power. (Vehicle will not run, or has lost its braking system)
14. Damage to undercarriage, exhaust system, suspension, wheel bearings, tie downs, brakes, alignment, tuning, charging system, battery, or punctures/flat tires that may or may not cause rim or further tire damage.
15. Should your vehicle cause damage to another or to the equipment due to your vehicle malfunction you will be held responsible and SHIP MY RIDE may hold you vehicle until payment is made.
16. SHIP MY RIDE does not take any responsibility for any glass damage (broken, chipped, crack, etc.)
17. SHIP MY RIDE has a mandatory $500.00 deductible that the customer is responsible for.
18. Any claims must be paid in full by the customer and then submitted to SHIP MY RIDE for consideration within 30 days.
19. Should SHIP MY RIDE be required to place your vehicle in storage at their discretion, a minimum charge of $45.00 per day will be applied. All fees and charges applicable to the shipment of your vehicle must be paid in full prior to the release of your vehicle to you.