Service Terms and Conditions
Freight and Auto Transportation Services
The Customer and the Company agree to be bound by these Service Terms and Conditions and any associated Power of Attorney until
one of the parties advises the other in writing.
These Service Terms and Conditions constitute a legally binding contract between the “Company” and the “Customer” governing the provision of car shipping services and customs brokerage or any other related services by the Company to the Customer. In the event the Company renders any other services and issues or references a document containing terms and conditions governing such services (including, but not limited to, a bill of lading), the terms and conditions set forth in such other documents(s) shall govern those services.
a. “Company” shall mean SMR logistics., its subsidiaries, related companies, agents and/or representatives;
b. “Customer” shall mean the person (entity) for which the Company is rendering services, as well as its agents and/or representatives, including, but not limited to, shippers, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and copy(s) of these Service Terms and Conditions to all such agents or representatives;
c. “Documentation” shall mean all information received directly or indirectly from the Customer, whether in paper or electronic form;
d. “Ocean Transportation Intermediaries” (“OTI”) shall include an “ocean freight forwarder” and a “non-vessel operating carrier”;
e. “Third parties” shall include, but not be limited to, the following: “carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehousemen and others which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise”.
2. Company as Agent
The Company acts as the “agent” of the Customer for the purposes of performing the duly authorized duties in connection with the entry and release of vehicles, post entry services, assist in the application for export licenses, the filing of export and/or security documentation on behalf of the Customer and other dealings with Government Agencies, or for arranging for transportation services or other logistics services in any capacity other than as a carrier. The Company acts as a property broker, and is not, and shall not be deemed to be acting as, a “carrier” or “freight forwarder” as those terms are used and defined, unless explicitly set forth in separate terms and conditions between the Company and the Customer.
SMR logistics agrees to transport Customer’s vehicle between the origin and destination (terminal/residential/commercial) locations. If the customer requires door pickup or delivery, carrier can only deliver to locations that are legally able to and safe. A mutually agreed upon place to load/unload the vehicle(s) may be necessary due to low hanging trees, low hanging wires, narrow streets, and residential area restrictions.
Carrier and driver or agents, jointly and separately, are authorized to operate and transport Customer’s motor vehicle between its pickup location and the destination set forth on the shipping order and Bill of Lading(s).
3. Limitation of Actions
a. Unless subject to a specific statute or international convention, all claims against the Company for potential or actual loss or damage, must be made in writing and received by the Company within twenty-four hours (24 hours) of the event giving rise to claim.
Claims for cargo loss or damage for services must be made in writing and received within twenty-four hours (24 hours) of the date of delivery. The failure to give the Company timely notice shall be a complete defense to any suit or action commenced by the Customer.
b. All suits against the Company must be filed and properly served on the Company as follows:
i. For claims arising out of ocean transportation, within twenty-four hours (24 hours) from the date of the loss or damage;
ii. For any and all other claims of any other type, within twenty-four hours (24 hours) from the date of the loss or damage.
iii. Customer shall, in their absence, designate a person(s) to act as their agent(s) at the point of pickup and/or delivery if for any reason they are unavailable. The persons listed at the point of origin and point of destination are appointed agents for the purposes of releasing vehicle, approving charges, accepting delivery, and releasing SMR logistics and Driver from any and all claims upon acceptance of delivery.
iv. Carrier accepts responsibility of vehicle after pre-inspection is done and Bill of Lading is signed by the Customer. Carrier responsibility will end when the vehicle is delivered and Customer signs final Bill of Lading inspection.
4. No Liability for The Selection or Services of Third Parties and/or Routes
Unless services are performed by persons or firms engaged pursuant to express written instructions from the Customer, the Company shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by the Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that the Company warrants or represents that such person or firm will render such services nor does the Company assume responsibility or liability for any action(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party.
All claims in connection with the act of a third party shall be brought solely against such party and/or its agents. In connection with any such claim, the Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by the Company.
5. Quotations Not Binding
Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice. No quotation shall be binding upon the Company unless the company in writing agrees to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between the Company and the Customer; provided, however, that such quotations remain subject to space and segment availability, and provided further that any rates agreed in advance are subject to adjustment based on fuel surcharges and other underlying market factors in effect at the time of booking.
6. Reliance on Information Furnished
a. The Customer acknowledges that it is required to review all documents and declarations prepared by the Company and/or filed by the Company on the Customer’s behalf with Customs and Border Protection, other Government Agencies and/or third parties, and will immediately advise the Company of any errors, discrepancies, incorrect statements or classifications, or omissions on any declaration or other submission filed on the Customer’s behalf;
b. In preparing and submitting customs entries, export declarations, applications, security filings, documentation and/or required data, the Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by the Customer, including but not limited to tariff classification and information relating thereto. The Customer shall use reasonable care to ensure the correctness of all such documentation and information and shall indemnify and hold the Company harmless from and against all claims asserted and/or liability or losses suffered by reason of the Customer’s failure to disclose documentation or information, or any incorrect, incomplete or false statement by the Customer or its agent, representative or contractor upon which the Company reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all documentation and information required to import, export or enter the goods.
7. Compliance with Law
The Customer represents and warrants to the Company that it will comply with all laws and regulations applicable to the Customer and/or any shipment or transaction hereunder.
Cargo insurance is included in some freight quotes where expressly stated therein. In all other cases, unless requested to do so in writing and confirmed to the Customer in writing, the Company is under no obligation to procure insurance on the Customer’s behalf. In all cases, the Customer shall pay all premiums and costs in connection with procuring requested insurance. Given the liability limitations contained herein and, in the terms, and conditions of third parties to whom the goods may be entrusted, the Customer is strongly encouraged to protect against loss or damage to its goods by obtaining and maintaining adequate insurance.
9. Disclaimers: Limitations of Liability
a. Except as specifically set forth herein, the Company makes no express or implied warranties in connection with its services;
b. In connection with all services performed by the Company, the Customer may obtain additional liability coverage, up to the actual or declared value of the shipment or transaction, by requesting such coverage and agreeing to make payment therefore, which request must be confirmed in writing by the Company prior to rendering services for the covered transaction(s);
c. The Company’s liability shall be limited to the following:
i. where the claim arises from activities relating to “Customs business”, $50.00 per entry or the amount of brokerage fees paid to the Company for the entry, whichever is less; or
ii. where the claim arises from cargo loss or damage relating to freight activities which the Company has engaged a third party to perform on the Customer’s behalf, the Customer shall make claim against the relevant carrier or other third party and such claim shall be limited by the terms and conditions of such carrier or other third party freight service provider limitations are typically (but not always) as follows:
A. truck freight cargo loss or damage: a maximum liability of $15.00 per pound per piece, subject to a maximum liability of
$100,000 per shipment. The agreed value on household goods, used machinery, or personal effects will not exceed $.10 per lb. per article, subject to a maximum liability of $50.00 per shipment or transaction;
B. airfreight cargo loss or damage: a maximum liability of 19 special drawing rights per kilogram; C. ocean freight cargo loss or damage: a maximum liability of $500.00 per package or shipping unit; and
D. warehousing: a maximum liability of 50 times the monthly storage rate on any one package or product unit (or alternatively $0.50 per pound) or, in cases where the charges are calculated for other than actual storage, a maximum of $50.00 per unit); or
iii. where the claim arises from activities not addressed in i. or ii. above, $50.00 per shipment or transaction.
d. In no event shall the Company be liable or responsible for consequential, indirect, incidental, statutory or punitive damages even if it has been put on notice of the possibility of such damages.
10. Advancing Money
All charges must be paid by the Customer in advance unless the Company agrees in writing to extend credit to the Customer. The granting of credit to the Customer in connection with a particular transaction shall not be considered a waiver of this provision by the Company. If the Customer fails to advance funds to the Company or comply with the terms of any credit extended to the Customer as aforesaid, the Company shall have no obligation with respect to rendering services concerning the goods for which the advance funds or credit apply.
11. Indemnification/Hold Harmless
The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability, fines, penalties and/or attorneys’ fees arising from the importation or exportation of the Customer’s merchandise, any conduct of the Customer, and/or the Customer’s breach of any representation, warranty or covenant herein, including but not limited to the inaccuracy of entry, export or security data supplied by the Customer or its agent or representative, which violates any applicable laws, and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs, claims, penalties, fines and/or expenses, including but not limited to reasonable attorney’s fees, which the Company may hereafter incur, suffer or be required to pay by reason of such claims.
If any claim, suit or proceeding is brought against the Company, it shall give notice in writing to the Customer by mail at its address on file with the Company.
12. Invoicing, Payment and Costs of Collection
a. The Company shall issue invoices to the Customer for all fees and charges pertaining to services rendered to and on behalf of the Customer;
b. All such invoices shall be payable upon receipt, or as otherwise agreed between the Customer and the Company;
c. Interest on all late payments shall be paid at the rate of one and a half percent (1.5%) per month, upon which interest shall be charged commencing 30 days after the invoice due date or as otherwise agreed;
d. The Customer shall pay the Company for all costs and expenses incurred by the Company in connection with the recovery of all payments due under this agreement including, but not limited to, costs of collection, reasonable legal fees, court costs and reasonable compensation for all time expended by the Company as result of such collection action.
13. General Lien and Right to Sell Customer’s Property
a. The Company shall have a general and continuing lien on any and all property of the Customer coming into the Company’s actual or constructive possession or control for monies owed to the Company with regard to the shipment on which the lien is claimed, prior shipment(s) and/or both;
b. The Company shall provide written notice to the Customer of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going storage or other charges; the Customer shall notify all parties having an interest in its shipment(s) of the Company’s rights and/or the exercise of such lien.
c. Unless, within thirty days of receiving notice of lien, the Customer posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favor of the Company, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, the Company shall have the right to sell such shipment(s) at public or private sales or auction any net proceeds remaining thereafter shall be refunded to the Customer.
14. Obtaining Binding Rulings, Filing Protests, etc.
Unless requested by the Customer in writing and agreed to by the Company in writing, the Company shall be under no obligation to undertake pre or post release actions, including, but not limited to, obtaining binding rulings, advising of liquidations, filing of petition(s) and/or protests, etc.
15. Preparation and Issuance of Bills of Lading and Security Filings
Where the Company prepares and/or issues a bill of lading, the Company shall be under no obligation to specify thereon the number of pieces, packages, and/or cartons, etc., unless specifically requested to do so in writing by the Customer or its agent and the Customer agrees to pay for same. The Company shall rely upon and use the cargo weight supplied by the Customer. If, and to the extent the Company is preparing or is otherwise required to prepare, make, endorse, sign, declare or swear to any security filing or other document required for compliance with any law, the Customer hereby consents, agrees and authorizes the Company to take all such actions to effect the making, endorsement, declaration or swearing to such document.
16. Modification of Service Terms and Conditions
These Service Terms and Conditions may be modified by the Company at any time, and from time to time. The Company will notify you by posting notice at http://www.smrlogistics.ca/terms-and-conditions/.
17. Compensation of Company
The compensation of the Company for its services may be included with and is in addition to the rates and charges of all carriers and other agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends, or other revenue received by the Company from carriers, insurers, and others in connection with the shipment. On ocean exports, upon request, the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges.
18. Modification of Rates
If the Company deems, in its sole discretion, that due to an external factor or factors beyond its control, a material adverse event has occurred to delay or otherwise interfere with the Company’s ability to render the services, the Company reserves the right to amend any tariff or negotiated freight or logistics rates, on one day’s notice to the Customer, as necessary to provide the requested service.
19. Force Majeure
The Company shall not be liable for losses, damages, delays, wrongful or missed deliveries or nonperformance, in whole or in part, of its responsibilities under the Agreement, resulting from circumstances beyond the control of either the Company or the third parties hired to perform services for the Customer, including but not limited to: (i) acts of God, including flood, earthquake, storm, hurricane, power failure, epidemic or other severe health crisis or other natural disaster; (ii) war, hijacking, robbery, theft or terrorist activities; (iii) incidents or deteriorations to means of transportation, (iv) embargoes, (v) civil commotions or riots, (vi) defects, nature or inherent vice of the goods; (vii) acts, breaches of contract or omissions by the Customer, shipper, consignee or anyone else who may have an interest in the shipment, (viii) acts by any government or any agency or subdivision thereof, including denial or cancellation of any import/export or other necessary license; or (ix) strikes, lockouts or other labor conflicts.
Any events which are unavoidable or beyond its reasonable control including but not limited to Acts of God, Acts of the Queens enemies, floods, hail, rockslides, snow slides, washouts, avalanches, storms, earthquakes, expropriation, fire or explosion, strikes, lockouts, walkouts, industrial disputes, war, sabotage, riot, insurrection, derailment, labor shortages, power or fuel shortages, or act of failure to act of any government or regulatory body. Includes, not limited to:
i.Normal wear and tear items such as dings, chips and minor scratches.
ii.Damage to Windshields or any other auto glass.
iii.Damage to antennas that do not retract to within three inches of vehicle body.
iv.Damage caused by leaking fluids, battery acids, cooling system anti-freeze, industrial fallout or v.fallout resulting from acts of God.
vi.When shipped by rail, vehicles 7 years old or older, CP Rail will only insure the vehicle for complete loss.
vii.The vehicles interior, stereo, entertainment systems, navigation system.
viii.Damage caused by freezing of cooling system and/or batteries. Protection from freezing will be furnished by and at the expense of the shipper.
ix.Vehicle body-kits that crack or come apart during transportation.
x. Spare keys, service books not signed for and noted by the driver on the Bill of Lading upon pick-up.
xi.Damage or loss of license plates and accessories.
xii.Mechanical functions, undercarriage, exhaust assembly, mufflers, battery function, alignment, frame, suspension or tuning of engine, damage to the wheels, tires and rims (including loss thereof).
xiii.Not responsible for any damage to underside or bottom of vehicles.
xiv.Vehicles with large mirrors must have them removed before shipment. Side Mirrors, Glass or xv.Windshields are not insured under our insurance as train vibration can cause them to crack or break.
xvi.Not be liable for roof racks and off road floodlights.
20. Service Terms
SMR logistics does not guarantee pickup and delivery dates or transit times and wait times. All dates and assertions made by SMR logistics are best estimates. Delays may occur prior to, and/or during, transport due to weather, road conditions, mechanical problems, etc. There are absolutely no guarantees regarding pickup or delivery times and dates.
21. Customer responability
a. Customer is responsible for preparing the vehicle to be shipped:
i. All loose parts, fragile accessories, low hanging spoilers, etc. must be removed or secured. Any part of the vehicle that falls off during transport is Customer’s responsibility including damages caused by said part to any vehicles(s) and/or person involved.
ii. Customer shall remove all non-permanent, outside mounted luggage and other racks prior to shipment.
iii. Vehicle must be in good running condition (unless otherwise noted).
iv. The vehicle’s interior must be reasonably clean and free of garbage.
v. At least ¼ tank but recommended to have no more than ½ a tank of fuel.
vi. Vehicle must have correct levels of antifreeze, oil and other fluids and must not be leaking.
vii. All vehicles must have a working foot brake and parking brake/ebrake (unless otherwise noted).
viii. Customer must disarm any alarm system installed in the vehicle or provide proper instructions for this matter. In the event said alarm sounds and there are no keys or instructions to turn it off, Carrier may silence alarm by any means.
ix. If there is more than one key being transported with the vehicle, the keys must be securely attached together with a key ring.
x. If there are special instructions for operating the vehicle, please attach the instructions to the dash of the car where they are clearly visible.
xi. Personal property may not be left inside the vehicle unless confirmed by SMR logistics prior to shipping. If you have been approved to have personal items left inside your vehicle, Carrier and SMR logistics are not liable for loss or damage to said personal items, nor for damage to vehicle caused by excessive or improper loading of personal items.
xii. The following items are strictly prohibited from being in the vehicle at the time of shipping; guns, ammunition, flammable products, explosives, narcotics, alcohol, jewelry, precious metals, furs, money, pets, plants and contraband. Shipper agrees that the Carrier may confiscate and/or dispose of said items with no remuneration and the appropriate Government authorities will be contacted.
b. Any non-operational vehicle(s) that were not previously disclosed at the time of booking will be charged an additional minimum of $300.00 Canadian. If a vehicle becomes non- operational during shipment, these fees, plus any additional fees required to accomplish delivery will be added to the Customers account and must be paid prior to delivery. Depending on the vehicle’s location, we may not be able to proceed with delivery if the vehicle becomes inoperable.
c. All oversized vehicles must be declared at the time of booking (eg. lifted, oversized tires, dually, ladder racks, lights, truck bed caps, etc.). Customer must declare any after-market features that are on the vehicle and inquire as to the extra charges. Failure to do so may incur additional charges or fees.
d. Any vehicles with less than 4 inches of ground clearance must be declared at the time of booking. Most vehicle transport trailers and rail transport companies require at least 4 inches of ground clearance to be able to safely load/unload a vehicle without causing damage. An enclosed transport option is available for vehicles with low ground clearance as many of those trailers have lift gates that can safely load/unload vehicles with low ground clearance.
e. Snow covered or excessively dirty vehicles will not be insured for scratches or dents that could be hidden at the time of shipment.
f. If a condition report cannot be done at a terminal when dropping off, photos must again be taken of the vehicle at the terminal. A condition report will be done when your vehicle is being loaded onto the train or transport truck.
g. At the time of delivery, Customer and Carrier will carefully inspect the vehicle for possible damages incurred during transit. Carrier and Customer will both acknowledge the condition of the vehicle and Customer will sign and receive a final copy of the Bill of Lading, when possible.
22. Cancellation & Refund Policy
The option to cancel a shipping order is available at any time, at no cost and with no cancellation fee, as long as the order has not yet been assigned (dispatched) to a Carrier (transporter). Our services are considered rendered when a Carrier (transporter) is assigned to an order.
Refunds will be processed within 10 business days of the cancellation request.
Cancellation of an order must be submitted in writing via email sent to firstname.lastname@example.org. SMR logistics does not accept or honor cancellations made via phone call.
If Customer decides to cancel the shipping order after a Carrier (transporter) has been assigned (dispatched), $200 cancellation fee will be assessed, as our services have been rendered. Any remaining balance will be refunded in full.
In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect. The Company’s decisions to waive any provision herein, either by conduct or otherwise, shall not be deemed to be a further or continuing waiver of such provision or to otherwise waive or invalidate any other provision herein.