Thank you for choosing Premium Auto Transportation for your vehicle’s transport. By using our vehicle transportation broker services, you and the person or entity you represent accept all the terms and conditions of service (“TERMS”) stated herein. In the event of a conflict between these TERMS and those in any other document, including a motor carrier bill of lading, tariff or service guide, or any other documents, these TERMS will supersede and control you and Premium Auto Transportation LLC. Only Premium Auto Transportation LLC can modify these TERMS.
THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS CUSTOMER AND PREMIUM AUTO TRANSPORTATION LLC MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE CUSTOMER TO SUBMIT CLAIMS CUSTOMER HAS AGAINST PREMIUM AUTO TRANSPORTATION LLC TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
This service agreement (“Agreement”) is entered into on the date mentioned on the invoice between Premium Auto Transportation LLC herein mentioned as “Broker” and the customer who uses the broker’s services herein mentioned as “Shipper” for the provision of auto vehicle shipping brokerage services.
Broker agrees to arrange for the transportation of vehicles from the origin specified by Shipper to the destination specified by Shipper, utilizing reputable carriers and transportation methods. The shipper acknowledges that Premium Auto Transportation LLC is a broker and not a carrier. At the time when the broker has dispatched the carrier to pick up the customer’s car, the broker’s services are rendered as complete.
The shipper agrees to pay the Broker the total cost of transportation services as specified in the quote provided by the Broker. Payment shall be made in either partial or full before the scheduled pick-up date unless otherwise agreed upon between the shipper and broker. If agreed upon, full payment shall be paid to the broker on delivery OR to the carrier, who shall receive payment on behalf of the broker.
The customer understands that the initial price given is based on previous similar shipments and can change subject to the availability of the carriers, number of slots, weather conditions, government restrictions and the condition of the vehicle at the time of pickup. The final price shall be determined before the carrier is dispatched. It is the customers’ right and brokers’ responsibility to make sure the customer is aware and agrees on the new price either by signing a new agreement or verbally agreeing to the latest price before a carrier is dispatched.
If, after the confirmation of an order by the customer signing the contract, the broker is not able to provide a carrier on the specified date or the price is different from the price specified in the contract, the shipper is entitled to receive a full refund of any amount paid in advance to the broker if he/she chooses to cancel the order.
No further signature shall be required in case the customer agrees to the new price either verbally over the phone or in written texts or emails in which case the new price agreed would be the final price. If the full amount was to be paid on delivery then no compensation will be given by the broker to the shipper in the event the carrier cannot be arranged or the price is changed due to the non-availability of the carrier.
The shipper may cancel the shipment by providing written notice to the Broker on the company’s official email: info@premiumautotransportation.com at least two days before the scheduled pick-up date. In the event of cancellation, the Shipper shall be responsible for any cancellation fees or penalties as specified by the refund policy. For orders in which the carrier has not been assigned at the time the customer cancelled the order, the customer is entitled to receive a full refund.
In case the customer cancels after the carrier has been assigned, the customer is entitled to a refund minus the service fee of $149 or the initial amount paid whichever is less. The customer waives his/her right to file a chargeback without first sending an official request to info@premiumautotransportation.com requesting to cancel his/her order and allowing Premium Auto Transportation LLC at least three business days to process the refund. If a customer files a chargeback without cancelling the order, any cost of arbitration shall be paid by the customer.
Broker shall not be liable for any damage, loss, or delay in transit, except to the extent caused by Broker’s negligence. The broker is responsible for making sure that the carrier arranged by the broker has active and adequate insurance coverage which should not be less than $250,000 to cover all damages caused by the carrier’s negligence and shall assist the customer by providing all such details of the carrier to the shipper so that the loss/damage can be covered through the carrier’s insurance.
In case, the carrier arranged by the broker is not insured, the shipper may file a claim against the broker’s insurance for compensation.
The shipper agrees to ensure that the vehicle to be shipped is in good working condition, with no leaks, mechanical issues, or safety hazards. The shipper shall provide accurate information regarding the condition of the vehicle to the Broker before transportation and shall collect necessary evidence at the time of pickup to mark any changes to the vehicle at the time of delivery. Any change in the condition shall be immediately reported to the broker.
Broker shall provide Shipper with an estimated timeframe for delivery, which may be subject to change due to factors beyond Broker’s control, including but not limited to weather conditions, traffic, and carrier availability.
Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including acts of God, natural disasters, strikes, or governmental actions.
Shipper agrees to indemnify and hold Broker harmless from any claims, damages, or losses arising out of Shipper’s breach of this Agreement or Shipper’s negligence.
Any disputes arising out of or relating to this Agreement shall be resolved through arbitration following the rules of FMCSA.
This Agreement shall be governed by and construed by the rules and regulations specified by FMCSA. If any provision conflicts with FMCSA’s new or old regulations, FMCSA’s rules will overrule and shall be followed by both shipper and broker.
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during this Agreement.
Neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party, except in connection with a merger, acquisition, or similar transaction.
Any notices or communications required or permitted under this Agreement shall be in writing and shall be deemed delivered when personally delivered or sent by certified mail, return receipt requested, to the address of the receiving party.
The parties each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or a court of law, will be conducted only on an individual basis and not in a class or representative action. Therefore, Customer waives all rights to bring claims on behalf of a class of persons; however, Customer may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis or otherwise coordinating claims filed in arbitration.
If the Shipment is placed in storage due to Customer’s refusal to pay the fees or accept delivery from the Carrier for any reason, then the Shipment may be placed in storage at Customer’s expense and subject to Carrier’s lien for transportation charges until Customer pays in full the outstanding balance. Any storage and redelivery charges will be the responsibility of Customer and Customer agrees that Customer will not look to Premium Auto Transportation LLC for reimbursement.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written on the invoice.
Premium Auto Transportation LLC
23526 Azalea Hill Trail Spring TX 77373
MC 1615165 DOT 4190979
————-
If you have any questions or issues about our payment and return policies, please contact us at
info@premiumautotransportation.com
or,
