Rental Car Transportation:
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02 Feb 2021
3 years ago
This document makes up our Terms and Conditions (“Terms” or “Agreement”). The Terms are a legally binding contract between you (“you”, or the “Client”) and Sakaem Logistics LLC., a Georgia limited liability company (“Sakaem”).
1. SAKAEM AS BROKER
Sakaem will identify a third-party transport car carrier (“Carrier”) who is willing to transport your vehicle (“Vehicle”) in accordance with your order (“Services”). Services are considered rendered when Sakaem has dispatched a Carrier to transport your Vehicle. In providing these Services, Sakaem is acting solely in the capacity of a vehicle transport broker to connect you with a Carrier who is willing to transport your Vehicle. Sakaem’s involvement is limited strictly to the role of a broker between services sought by the Client and fulfilled by the Carrier. Sakaem is not responsible for moving any vehicle nor will Sakaem take possession of any vehicle.
Carrier shall be the party responsible for the moving transportation of your vehicle (“Carrier’s Services”). Carrier is solely responsible for controlling the method, manner, and means of accomplishing the performance of Carrier’s Services. Carrier and its Drivers are responsible for performing Carrier’s Services in a timely manner without damage in transit, as well as determining the appropriate route for transportation. “Driver” means, collectively, the employees of Carrier, any contractors of Carrier (including owner-operators under contract with Carrier and any employees of any such owner-operator) and any other service provider or other personnel of Carrier, in each case, who is assigned to operate any motor vehicle transporting any vehicle on behalf of Carrier.
In the performance of Carrier’s Services, Carrier will be solely responsible for the acts and omissions of each of its employees, agents, representatives, contractors (including independent contractors and subcontractors) and any other service providers engaged by Carrier (including its Drivers, collectively, “Carrier Representatives”).
2. CLIENT ORDERS
To place an order for Services, you must provide accurate information identifying your Vehicle that will be transported, whether the Vehicle is operable, addresses for Pickup and Delivery, preferred Pickup date, the names and contact information for responsible individuals who will be present at Pickup and Delivery, the type of transport you would like (e.g., open or enclosed carrier), and a credit/debit card number for payment. After you initially provide your order information, Sakaem will send you an email (“Order Confirmation Email”) containing your order information
3. SERVICE FEES
When Client places an order for Services. You agree to pay in full the fees for Services, you agree to pay in full the fees for Services and any additional charges that may be incurred in accordance with this Agreement
All amounts due must be paid in full when due and the fees are not subject to dispute or offset for any damages or any other reason (including, without limitation, because you are not satisfied with the Services). Once paid, charges are non-refundable unless canceled by Sakaem .
In addition, if you fail to make any payment when due or we receive a chargeback for your payment (whether due to a dispute of the charge or any other reason), then you must pay Sakaem the outstanding amount owed plus reimbursement for all reasonable costs incurred in collecting any overdue payment or chargeback and related interest, including, without limitation, attorneys’ fees, legal costs, court costs, and collection agency fees. All late payments and chargebacks will be charged interest, calculated from the date the payment was originally due, at a rate that is the lesser of: (a) 1.5% per month and (b) the highest rate permissible under applicable law.
4. CARRIER NOTIFICATION
You will be notified by email (at the email address provided on your order form) when a Carrier has been dispatched to transport your Vehicle. The dispatch email (Dispatch Notification Email) will include information about the Carrier as well as estimated Pickup and Delivery dates.
5. PRE-TRANSPORT PREPARATION OF VEHICLE
You shall take the following steps prior to the designated Pickup time to prepare your Vehicle for transport:
a) Remove and secure all loose parts, fragile accessories, and low hanging spoilers, etc.;
b) Remove all non-permanent, outside mounted luggage and other racks;
c) Remove or deactivate any toll pass transponders or other sensors that may get charged to your account. Note that 100% of any toll charges incurred by the Client are the responsibility of the Client;
d) Ensure your Vehicle is in good working condition (unless previously noted on your order) and with between 1/4 and 1/2 tank of fuel;
e) Disarm any alarm system or provide Carrier with keys and instructions for arming/disarming any alarm system; in the event the alarm sounds and there are no keys or instructions to turn it off, the Carrier may silence the alarm by any means necessary and without liability for damages of any kind; and
f) Remove all personal belongings and sensitive materials and do not store any dangerous or illegal items inside the Vehicle (including, but not limited to, explosives, guns, ammunition, fireworks, flammable materials, alcohol, legal or illegal drugs, money, legal or financial documents, pets, plants, and any other personal belongings, sensitive materials, or unlawful contraband).
Failure to take these steps will result in you being liable for damages caused to your Vehicle, the transport vehicle, or other property. Neither Carrier nor Sakaem Transport Auto will be liable for any damages or loss caused to your Vehicle or any other property that is caused in part by your failure to reasonably comply with this Agreement. Any items left in your Vehicle shall be at your own risk.
Customer is allowed to have up to one hundred pounds (100lbs) of cargo inside the vehicle. All cargo must be secured, below the window level, and in the rear or trunk of the vehicle, nothing behind the driver’s seat. Carrier and Sakaem are not liable for personal items left in vehicle, nor for damage to vehicle caused by excessive or improper loading of personal items. No personal property shall be transported in customer’s vehicle(s) that includes, but is not limited to, explosives, guns, ammunition, flammable products, narcotics, negotiable and legal papers, alcoholic beverages, jewelry, furs, money, live pets or animals, live plants or any unlawful contraband or substances. Customer agrees that Sakaem and/or Carrier may confiscate or dispose of said items with no remuneration. Sakaem and Carrier will not be held responsible for delivery of personal property and Customer hereby releases Sakaem and Carrier from any loss or damage caused to such personal property. If Customer wishes to put items, including, but not limited to, personal property, in the vehicle, he/she does so at his/her own risk.
6. VEHICLE TRANSPORT
By submitting an order, you authorize the dispatched Carrier to operate and transport your Vehicle between the Pickup and Delivery location and take such steps the Carrier deems necessary to complete such transportation, including driving the Vehicle. Either Sakaem or the Carrier will contact you prior to Pickup or Delivery to inform you of the approximate time and location of such Pickup or Delivery. The Carrier will attempt to make the actual Pickup and Delivery location as close to the address requested as possible, taking various factors into account, including, without limitation, transportation restriction laws and safety. These factors may require you and the Carrier to designate an alternative Pickup/Delivery location other than the one you originally requested. If you are unable to be at the designated Pickup/Delivery location at the designated time, you must designate with the Carrier another individual (who must be at least 18 years old) to act as your agent for purposes of the Pickup/Delivery. You are solely responsible for the acts and omissions of your designee/agent.
You and/or your designee/agent and your Vehicle must be present at the Pickup location at the designated time, or you risk cancellation of your order and incurring the cancellation fee. If you or your designee/agent are not at the Delivery location at the designated time, your Vehicle may be stored and/or the delivery delayed, each at your sole expense.
7. PICK UP
The Carrier will arrive at the designated location and load your Vehicle onto the Carrier’s transport vehicle (“Pickup”). At the time of Vehicle Pickup, prior to Carrier taking possession of the Vehicle, you and Carrier shall conduct a full inspection of the Vehicle for existing exterior damage. The results of this inspection shall be recorded on the inspection report on the Bill of Lading. You and Carrier shall acknowledge the existing condition of the Vehicle by signing the Bill of Lading. YOU ARE RESPONSIBLE FOR OBTAINING AND RETAINING A COPY OF THE ORIGINAL BILL OF LADING FOR YOUR RECORDS. If the Vehicle is found inoperable, contains any additional items inside or outside that are not part of your stock vehicle or is not as described in the order, you may be subject to additional charges by the Carrier which will be payable upon Delivery.
At the time of Vehicle is dropped off at the delivery location (“Delivery”), you and Carrier shall conduct a full inspection of the Vehicle for any exterior damage that may have been caused during transport. The results of this inspection shall be recorded on the inspection report on the Bill of Lading. You must notate any new damage to the Vehicle (as compared to the condition of the Vehicle at the time of Pickup) on the Bill of Lading inspection report. You and Carrier shall acknowledge the condition of the Vehicle by signing the Bill of Lading. YOU ARE RESPONSIBLE FOR OBTAINING AND RETAINING A COPY OF THE ORIGINAL BILL OF LADING FOR YOUR RECORDS. BY SIGNING THE BILL OF LADING WITHOUT NOTATION OF DAMAGE, YOU ACKNOWLEDGE THAT YOU RECEIVED YOUR VEHICLE IN SATISFACTORY CONDITION AND WITHOUT DAMAGE AND THEREBY RELEASE SAKAEM AND CARRIER OF ANY CLAIMS OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR VEHICLE.
Carrier’s responsibility for the Vehicle commences only when the Bill of Lading is signed by you and Carrier at Pickup and terminates when you sign the Bill of Lading at delivery or otherwise take delivery of the Vehicle.
Transportation services are subject to delays caused by numerous factors prior to or during transport of your Vehicle, many of which are out of the control of Sakaem and the Carrier, including, without limitation, road conditions, weather, and mechanical issues. Therefore, neither Sakaem nor Carrier guarantee Pickup/Delivery dates, times, or locations. Any estimate of Pickup/Delivery date, time, or location that is provided to you by Sakaem or Carrier is approximate and subject to change.
9. WARRANTY DISCLAIMERS
YOUR USE OF SERVICES IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND SAKAEM MAKES NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR AVAILABILITY. SAKAEM DOES NOT WARRANT THAT SERVICES WILL BE AVAILABLE OR WILL MEET YOUR REQUIREMENTS.
10. LIABILITY DISCLAIMER
UNDER NO CIRCUMSTANCES WILL SAKAEM OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
SAKAEM’S TOTAL AGGREGATE LIABILITY TO CLIENT OR ANY OTHER PERSON OR ENTITY FOR ANY AND ALL CLAIMS AND DAMAGES ARISING FROM OR OUT OF SERVICES OR THIS AGREEMENT (WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CLIENT TO SAKAEM FOR SERVICES.
SAKAEM AND THE CLIENT FURTHER HEREBY ACKNOWLEDGE THAT SAKAEM RETAINS NO CONTROL OF ANY PART OF THE DELIVERY OF THE VEHICLE UNDER THESE TERMS; THAT SAKAEM HAS NO RIGHT TO ORDER THE DELIVERY STOPPED OR RESUMED FOR SAFETY REASONS OR ANY OTHER REASON, NO RIGHT TO INSPECT ITS PROGRESS OF RECEIVE REPORTS, AND NO RIGHT TO MAKE SUGGESTIONS OR RECOMMENDATIONS CONCERNING THE DELIVERY OF THE VEHICLE. FURTHERMOREE, SAKAEM TAKES NO ACTIVE ROLE IN ENSURING SAFETY IN RELATION TO THE DELIVERY OF THE VEHICLE, AND SAKAEM DOES NOT COMPLETE ANY INSPECTION OF THE VEHICLE CARRIER USES TO COMPLETE CARRIER’S SERVICES.
11. CLIENT INDEMNIFICATION
Client agrees to defend, indemnify, and hold harmless Sakaem, its affiliates, as well as its directors, officers, employees, agents and representatives (collectively, the “Indemnified Parties”), from and against all losses, liabilities, damages, claims, judgments, fines, penalties, interest, costs or expenses, including reasonable attorney’s fees, arising out of or related to the transportation of your Vehicle or the breach of this Agreement by Customer, including Indemnified Claims for or related to personal injury (including death) or property damage. Notwithstanding the foregoing, Client’s defense, indemnification and hold harmless obligations under this Section 10 will not apply to the extent that any Indemnified Claim is finally determined by a court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of an Indemnified Party.
12. APPLICABLE GOVERNING
These Terms shall be construed in accordance with the laws of the state of Florida, without reference to its conflict of law provisions, and the obligations, rights and remedies of the Parties hereunder shall be determined in accordance with such laws.
13. ARBITRATION REQUIREMENT
All disputes and differences of any kind arising under this Agreement, arising between Client and Sakaem including the existence or continued existence of this Agreement and the arbitrability of a particular issue which cannot be settled amicably by Client and Sakaem, shall be submitted to arbitration. The arbitration shall be conducted in Miami, Florida, and shall finally be settled in accordance with the Rules of Arbitration of the of the American Arbitration Association by one arbitrator appointed in accordance with the consumer rules. The arbitrator shall not be allowed to apportion fees according to the ruling and may not award attorney’s fees to the prevailing party.
14. ARBITRATION FEES AND EXPENSES
Client and Sakaem shall bear their own expenses in connection with any arbitration related to this Agreement. All fees and expenses of the arbitrator and court reporter and report, if any, shall be borne and paid in full and shared equally by Client and Sakaem. In the event that an arbitration hearing is canceled resulting in a cancellation fee, the party initiating the request or causing the cancellation shall bear the full cost of the cancellation fee, unless Client and Sakaem agree otherwise.
15. ENTIRE AGREEMENT
These Terms contain the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements, and conditions, express or implied, oral, or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
Client and Sakaem acknowledge that they have participated fully in the review and revision of these Terms and have had the opportunity to seek the advice of legal counsel. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.
17. NO REPRESENTATION
You represent that you have carefully read and understand the scope and effect of the provisions of these Terms. Neither you nor Sakaem has relied upon any representations or statements made by the other party which are not specifically set forth in these Terms.
18. ACKNOWLEDGEMENT OF REVIEW
Client warrants that he, she or it has read this Agreement in its entirety and by continuing with the transactions and shipments contemplated under this Agreement, fully understands and agrees to its terms. Further, Customer waives any claims or defenses based in whole or in part on not reading, knowing, or understanding these terms of service and agrees to indemnify and hold harmless Sakaem for any fees or costs, including attorney’s fees and costs, arising out of any claims or defenses asserted based upon not reading, having knowledge of, or understanding these terms of service.
19. NO GUARANTEES
Carrier will pick up and deliver your car as close to your door as possible (only if legal and safe). A mutually agreed upon place to load or unload may be necessary because of narrow streets, wires, trees, and possible residential area restrictions. Sakaema will provide Client with an estimated pick-up and delivery date. There are no guarantees about the pick-up or delivery times and dates. Delays could happen prior to, and/or during transport due to road conditions, weather, and mechanical problems. Sakaem is not to be held responsible for damages or loss caused by any type of delays or any other reason, car rental fees or lodging fees. Sakaema is not to be held liable for failure of mechanical or operating parts of your vehicle.
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