Terms and Conditions
AGREEMENT TO TERMS OF SERVICE
These Terms and Conditions (“TERMS”) constitute a legally binding agreement made between you, (“you”, or “customer”), and Luxy Transport LLC (“Company”, “we”, “us”, “our”, or “broker”). By using our services and you electronically signing this agreement, you accept all 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 as between you and Luxy Transport LLC. These TERMS cannot be modified by anyone except Luxy Transport.
- “Additional Services” means upgrades and additional services ordered by the Customer such as vehicle top-loading, guaranteed pick up date, covered transport, additional personal belongings, etc.
- “Bill of Lading” means a document provided by the Carrier to the Customer at delivery documenting the details of the Shipment and its condition, Point of Origin, Destination, and other details regarding the Order. Bill of Lading can serve as a receipt or a contract between the Carrier and Customer.
- “Carrier” means a motor carrier of property, as defined at 49 U.S.C. §13102(14), duly licensed by State and/or Federal Department of Transportation, or a carrier of goods by sea pursuant to 46 U.S.C. § 30701.
- “Carrier Form” means a receipt, inspection report, Bill of Lading, shipping order or similar document provided by the Carrier at Point of Origin and/or Destination.
- “C.O.D.” means collect on delivery or payment on delivery.
- “Customer” means the individual, company, or other entity, including its agents and representatives, ordering the transportation of Shipment.
- “Customer’s Agent” means an individual over the age of eighteen designated by Customer to act on Customer’s behalf or as an agent.
- “Destination” means the Shipment drop off location designated by the Customer or as later modified by mutual agreement between Luxy Transport and Customer prior to delivery.
- “Inoperable” means a state or condition in which a Shipment cannot function or be driven for any reason including but not limited to its parts having been removed, altered, damaged, or deteriorated such parts including but not limited to engine, transmission, wheels, steering mechanism, brakes, tires, etc.
- “Luxy Transport” means Luxy Transport LLC, its affiliates, and subsidiaries. Luxy Transport is a transportation broker as defined at 49 U.S.C. § 13102(2), arranging for the transportation of freight through third party Carriers. Luxy Transport is duly licensed by the Department of Transportation (DOT) and is registered with the Federal Motor Carrier Safety Administration (FMCSA) under Docket No. MC-1419325 and/or other government agencies as may be required by law. Luxy Transport is not a Carrier.
- “Order” means Customer’s request for Luxy Transport to arrange for the transportation of Customer’s Shipment.
- “Order Confirmation” means any written confirmation from Luxy Transport to the Customer confirming the Customer’s Order and other details including but not limited to description of Shipment, Point of Origin, Destination, dates, and quoted rate.
- “Point of Origin” means the Shipment pick up location designated by Customer or as later modified by mutual agreement between Luxy Transport and Customer prior to transport.
- “Shipment” means the Customer’s property — an automobile or motorized vehicle — arranged for transportation in accordance with these TERMS.
- Upon Customer’s request, Luxy Transport will arrange for the transportation of Customer’s Shipment by Carriers subject to these TERMS. Luxy Transport reserves the right, in its sole discretion, to refuse or cancel any Order at any time.
- Luxy Transport will identify and connect Customer with a Carrier to transport Customer’s Shipment in accordance with Customer’s Order. Luxy Transport services are rendered when Luxy Transport has designated a Carrier to transport Customer’s Shipment.
- Customer understands and accepts that Luxy Transport (i) is acting solely in the capacity of a transportation broker to connect Customer with a Carrier for the purposes of moving Customer’s Shipment, (ii) is not a motor carrier or transporter, and (iii) does not hold itself out as providing the transportation of property.
- Customer expressly understands and agrees that Luxy Transport never takes custody or possession of, transports, or manages Customer’s Shipment, or assumes any liability for the Shipment.
- All ocean transportation arranged by Luxy Transport will also be subject to the terms and conditions of the ocean Carrier’s bill of lading, tariff, schedules, rates, and rules. Ocean Carriers offer limited liability coverage for loss or damage, and Customer must inquire with the ocean Carrier about purchasing additional insurance.
- Luxy Transport shall provide Customer with an estimated pickup and estimated delivery date; however, delays may occur prior to, and/or during transport due to weather or road conditions, government regulations, mechanical problems, driver illness, and other causes that are beyond Luxy Transport’s control. Luxy Transport cannot and does not guarantee delivery dates or times. Customer understands and accepts that Luxy Transport is not – responsible or liable for any losses or expenses caused by delays of any kind or for any reason.
- Accuracy of Information.Customer understands and accepts that only Customer is responsible to ensure the accuracy of all of the details including the description of the Shipment (year, make, model, body style, trim, dimensions, etc.), Point of Origin, Destination, fees, and special instructions in the Order Confirmation, and as applicable, on the Carrier’s Form, Bill of Lading, or other required documents. Any changes or corrections to the Shipment description or any other changes to an Order may result in additional fees or cancellation of the Order. Customer waives all claims against Luxy Transport for any additional charges or cancellation if the Shipment does not match the Shipment listed in the Order Confirmation.
- Shipment size and condition.Customer must inform Luxy Transport about the Shipment’s size and condition at the time of booking and prior to the pickup date. Customer understands and accepts that if the Shipment is or becomes inoperable during the transit, or if the Shipment (i) is modified from the original equipment manufacturer (“OEM”) condition with features including but not limited to aftermarket spoilers, lowered chassis, height modifications, etc., (ii) is oversized due to but not limited to dual or oversized wheels, extra-large tires, racks, lifted chassis (iii) is a large vehicle such as a limousine or a hearse, then the Carrier may charge additional fees to transport such Shipment or refuse to transport the Shipment altogether.
- Preparing Shipment.Customer understands and accepts that Customer is responsible for preparing the Shipment for transportation. Customer must either secure or remove all loose parts, fragile accessories, low hanging spoilers, etc. prior to shipment. Customer must remove all non-permanent, outside mounted luggage and other racks prior to shipment. Shipment to Carrier must be in operable condition with no more than a quarter tank of fuel. Customer understands and accepts that Customer is responsible for any damages, losses and claims to the Shipment, other vehicles and/or persons, caused by any part of the Shipment that becomes loose or detached during the transport.
- Customer must disarm any alarm system installed in the Shipment or provide clear instructions for disengaging it to the Carrier. In the event such alarm activates during the transit, and there are no keys or instructions to turn it off, Carrier may use any reasonable means available and without recourse by Customer to silence alarm.
- Personal Property.Customer may leave one suitcase OR one bag carrying personal property which shall not exceed one hundred pounds (100 lbs.) and must be confined to the trunk or storage area of the Shipment. Customer must notify Luxy Transport and Carrier of such personal property in the Shipment at the Point of Origin prior to loading of the Shipment. Customer understands and accepts that the Carrier has the right to reject any personal property in the Shipment if transporting such personal property is unsafe or violates the law. Customer shall not to leave any negotiable instruments, legal papers, jewelry, furs, money, cash or currency, antiques, or any valuable articles in the Shipment. Customer understands and accepts that the Carrier and Luxy Transport are not liable for personal items of any kind and value left in the Shipment, or for damage to Shipment caused by excessive or improper loading of personal items. If Customer puts personal property in the Shipment, Customer does so at Customer’s own risk.
- Prohibited Items.Customer is prohibited from loading any explosives, guns, ammunition, weapons, flammable products, live pets, live plants, any contraband, drugs or narcotics, alcoholic beverages, and or any illegal goods in the Shipment. Customer understands and accepts that upon discovery, such prohibited items and/or the Shipment may be confiscated or disposed of by law enforcement, or the Carrier and the Order may be cancelled in entirety without any remuneration or compensation to Customer and Customer will be solely responsible for any fees, fines, damages, or other liabilities arising from a violation of this Section.
- Shipment by sea.Customer understands and accepts that no personal property of any nature or value and no illegal goods will be permitted in the Shipment for transportation by sea and Customer will ensure that the Shipment is completely empty except for OEM or factory installed equipment. Customer is responsible for furnishing all required documents and paperwork required by U.S. and international customs. Customer must share the vehicle identification number (VIN) and its approximate value in U.S. dollars at the time of placing the Order. If the Point of Origin or Destination is a shipping port, then Customer agrees to pay any associated additional fees.
Customer warrants that Customer will comply with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the Shipment may be transported. Customer agrees to furnish such information and documents as are necessary to comply with applicable laws, rules, and regulations. Luxy Transport assumes no liability to Customer or to any other person for any loss or expense due to Customer’s failure to comply with this provision.
Customer or Customer’s Agent warrants that he/she is the registered legal owner of the vehicle(s), or that the legal owner has duly authorized him/her to enter into this Agreement.
Pickup and Delivery of Shipment
- Customer understands and accepts that a change to Point of Origin and/or Destination may be necessary due to municipal zoning restrictions, road conditions, road closures, low hanging trees, low hanging wires, narrow streets, residential area restrictions, etc.
- If the Carrier is unable to access the Point of Origin or Destination, Customer agrees to meet the Carrier at an alternate location for the Carrier to safely pick up or drop off the Shipment.
- Customer must be present at the Point of Origin and Destination for the pickup and/or delivery of a Shipment, or Customer must designate a Customer’s Agent if Customer is unavailable for any reason.
- At the time of pickup at the Point of Origin, Customer or Customer’s Agent agrees to 1) carefully inspect the Shipment with the Carrier for pre-existing damage, and 2) acknowledge the condition of the Shipment by a) noting any pre-existing damage on the Carrier Form or Bill of Lading, b) signing the Carrier Form or Bill of Lading, and c) requesting a copy of same from the Carrier. Customer or Customer’s Agent is also to photograph the Shipment from all angles at the Point of Origin.
- At the time of delivery at Destination, Customer or Customer Agent agrees to carefully inspect the Shipment in the presence of the Carrier for any, if any, transit damage and clearly notate any new damage as exception on the Bill of Lading. Customer or Customer’s Agent agrees to sign and require a final copy of the Bill of Lading signed by the Carrier to serve as a final Shipment condition report, especially in case of a dispute with the Carrier. Again, Customer or Customer’s Agent is to photograph the Shipment from all angles prior to signing the Bill of Lading.
- Customer understands and accepts that Customer’s or Customer Agent’s signing of the Carrier’s Form or Bill of Lading at Destination without any notation of any damage regardless of the lighting or weather conditions at the time of inspection, will serve as confirmation that Customer received the Shipment at destination in satisfactory condition and that Luxy Transport and the Carrier will have no further responsibility.
Fees and Payments
- Customer agrees to pay in full the fees for services and any additional charges that may be incurred in accordance with this terms and conditions. The fees for services will be set forth via email and or on the Luxy Transport website before you book your order. The total fee is due in two installments. The first installment is due when Luxy Transport designates a Carrier to transport Customer’s Shipment (the “Initial Payment”) and the balance due when Customer’s Shipment is delivered (the “Remaining Balance”).
- The initial payment must be paid by credit/debit card. Once the Carrier is assigned, Luxy Transport will send the Order Confirmation and electronic TERMS for Customer to sign and insert credit/debit card information via a Secured and Encrypted gateway. When completed, the funds are charged immediately, and the Carrier’s information will be sent to Customer via email.
- The Remaining Balance and any additional charges incurred in accordance with these TERMS must be paid in full by cash or certified check directly to the Carrier upon delivery of Customer’s Shipment. Cash and certified checks are the only methods of payments accepted for the Remaining Balance or any other charges due at delivery. Failure to remit the Remaining Balance when due will result in storage of Customer’s Shipment at Customer expense until the balance is paid in full.
- In certain circumstances, Luxy Transport and Customer will make arrangements for Customer to pay the Initial Payment and the Remaining Balance by Credit Card. In such circumstances, the Remaining Balance shall be charged when Luxy Transport designates a Carrier to transport Customer’s Shipment. Luxy Transport will pay the Remaining Balance to the Carrier upon delivery of Customer’s Shipment.
- 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, or because Customer is not satisfied with the Services). Once paid, charges are non-refundable. If Customer’s form of payment for the Remaining Balance (when collected by Luxy Transport) is rejected, we will contact Customer for an alternative form of payment and reserve the right to withhold further services until payment is made. Failure to timely provide an alternate form of payment may result in delay in designating a Carrier to transport Customer Shipment and/or delivery of Customer Shipment.
- In addition, if Customer fails to make any payment when due or we receive a chargeback for payment (whether due to a dispute of the charge or any other reason), then Customer must pay Luxy Transport 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.
Order Changes, Cancellation and Refund Policy
Customer may change Order at any time prior to Shipment being picked up by the Carrier designated by Luxy Transport. Order changes may result in additional fees. If the additional fees are not agreed upon, the order will be canceled. If Customer cancels Order before a Carrier has been designated to transport Shipment, Customer will not be charged the Initial Payment or the Remaining Balance. The Initial Payment is non-refundable. If Customer cancels Order after a Carrier has been designated to transport Shipment, Customer will not be charged the Remaining Balance. However, the Initial Payment is non-refundable, as our services have been rendered. Orders cannot be canceled or changed after the Shipment has been picked up. All order change and cancellation requests must be submitted in writing to firstname.lastname@example.org.
Loss, Damage or Delay Claims
- Luxy Transport is a property transportation broker, therefore, is not and will not be liable for any cargo loss and damage claims for any reason.
- If Customer has a claim for loss or damage to a Shipment, then Customer understands and agrees that the party liable for all such claims is the Carrier and not Luxy Transport, and it is Customer’s responsibility to file any claim directly with the Carrier who transported the Shipment.
- If Customer decides to file a claim against the Carrier, Customer must promptly report such claim to Luxy Transport, but in no event later than 48 hours of the delivery, so Luxy Transport may provide the Customer with relevant documents regarding the Carrier in a commercially reasonable manner.
- Customer understands that claims against motor Carriers are governed by federal law, the Carmack Amendment to the ICC Termination Act of 1995, 49 U.S.C. §14706, and claims against ocean Carriers are typically governed by the Carriage of Goods by Sea Act, 46 U.S.C. §30701. Customer should seek independent legal advice (at Customer’s sole expense) on these laws in the event of a claim.
- Customer understands and agrees that Luxy Transport and Carrier are not liable for any cargo loss or damage caused by any acts or omissions that are out of Luxy Transport’s or Carrier’s control including but not limited to damage caused by weather conditions including hail, storm or other acts of God, riots, strikes, political unrest, acts of terrorism, loose, worn, or broken parts of a Shipment, personal items in the Shipment.
Customer agrees to indemnify, defend and hold Luxy Transport and their employees, officers and directors harmless from and against any and all losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses, (including attorneys’ fees), and costs, suits, actions and claims (whether actual, potential, threatened or pending), brought by any person or entity, including damages for injury or death of persons and/or damage to property, including real property and/or the environment, claim liability and damages, arising from the acts or omissions of Customer, its agents, employees or representatives.
Limitation of Liability
- The total cumulative liability of Luxy Transport for all claims and damages, whether arising from statute, contract, tort or otherwise, shall not under any circumstances exceed the total fees paid by Customer to Luxy Transport for Luxy Transport’s services under the respective Order Confirmation.
- EXCEPT AS OTHERWISE PROVIDED HEREIN, LUXY TRANSPORT MAKES NO WARRANTIES FOR ANY OF ITS SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.
- UNDER NO CIRCUMSTANCES WILL LUXY TRANSPORT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO A SHIPMENT OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable Law, Venue and Forum
This Agreement is to be interpreted in accordance with the laws of the State of North Carolina. The parties consent and stipulate to the jurisdiction and venue of the court of the State of North Carolina and County of Wake for any action brought under this Agreement.
- 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 North Carolina.
- Luxy Transport shall be an independent contractor with respect to Customer, and the undertaken herein shall not be interpreted to be inconsistent with such relationship or status.
- Except as expressly set forth in these TERMS, Customer may not assign any rights hereunder without Luxy Transport’s prior written consent. These TERMS are binding on and inure to the benefit of the parties and their respective successors and assigns.
- The invalidity or unenforceability of any provision of these TERMS shall not affect the validity or enforceability of any other provisions herein.
- These TERMS supersede all prior written or oral representations and constitute the entire agreement between Customer and Luxy Transport and may not be changed by anyone except for Luxy Transport. Customer warrants that Customer has read these TERMS in their entirety and by continuing with the transaction, fully understands and agrees to them.
- Customer waives any claims or defenses based in whole or in part on Customer not having read, not knowing, or not understanding these TERMS.