Terms and Conditions
Client (hereafter also "you", "your", "he", or "she") understands and agrees that they are hiring the services of ZIP SHIP LLC (hereafter "ZIP SHIP"), a licensed & bonded transportation brokerage (MC# 750057), to arrange the shipment of their vehicle(s) with a Contract Carrier (hereafter "Carrier"). They further have read, understand and will abide by the following terms and conditions of this Service Agreement (hereafter "Agreement").
Client is responsible for prepping vehicle for transport, which should include the following:
- If your car is in working condition, ensure that there is adequate antifreeze and gas, brake fluids, water, etc. and that your battery is charged.
- Take note of any damage. It doesn't hurt to take some quick photos of your car and any existing damage.
- Turn off all alarm systems. Provide a duplicate set of keys to the driver.
- Take care to remove any personal belongings and any luxury or decorative items which are removable (i.e. spoilers).
- Secure all items that you are leaving in the car.
- Lower or remove antennas.
- Be sure to clean out your vehicle as best as possible. Using your car as a moving container (i.e. packing it with household items, is not permitted).
- If your vehicle is not in working condition this should be brought to our attention so that we can make the appropriate arrangements to move your vehicle.
Your vehicle(s) is/are considered in operational condition and must be able to be driven onto and off of the carrier under the vehicle's own power at all times during shipment unless clearly noted on your order as 'In-op' or 'Non-operational'. Non-operational vehicles must roll, brake and steer. Vehicles that are non-operational or become non-operational during shipment, for any reason, will be subject to an additional, industry standard, non-operational fee of One Hundred and Fifty Dollars ($150.00). Oversized vehicles will also result in an additional fee of at least One Hundred and Fifty Dollars ($150.00). ZIP SHIP will, under no circumstances, be held responsible for inoperable vehicles once they are delivered. It is strictly up to the Client to make the appropriate arrangements to have the vehicle moved and stored properly.
You agree and understand that your vehicle(s) must be free of contents as neither ZIP SHIP nor Carrier are licensed to handle the transportation of "Household Goods." Damage to, loss of or fines levied to Carrier resulting from any unauthorized contents present in the vehicle during shipment are the sole responsibility of the Client.
Your total price for the transportation of your vehicle(s) is factored using numerous pieces of information including, but not limited to, the size and/or weight of the vehicle(s). Misrepresentation to ZIP SHIP of the vehicle(s) size and/or weight may result in additional fees and/or the cancellation of the order. Orders cancelled due to misrepresentation of the vehicle(s) will forfeit any service fees that have been previously paid.
It is your responsibility to ensure that the vehicle(s) is/are ready to be released to the chosen Carrier by the projected pickup date given on the order. Failure to release the vehicle(s) to the chosen Carrier on or after the date given by you when placing your order may result in a 'Dry Run' Fee. Industry standard for a 'Dry Run' fee is One Hundred Dollars ($100.00). This fee also applies to orders that have to be cancelled due to misrepresentation of the vehicle(s) by the Client.
You may request a specific pick up date, but due to the nature of the industry, you understand that such dates are 'requests' only and cannot be guaranteed.
Once a Carrier is assigned to your vehicle(s), you will be given the estimated dates of pickup (and delivery when possible) as well as the Carrier name and direct business phone number. Any dates given are the Carrier's projections only and are given solely to assist both you and the Carrier in the general arrangement of your schedules; dates given are not guaranteed, as certain conditions can alter a Carrier's schedule (i.e. weather, road conditions, mechanical problems, etc.) As such, you agree to hold ZIP SHIP harmless for any expenses incurred as the result of any delays, including, but not limited to, any car rental fees or living accommodation expenses you incur. It is strongly recommended that you maintain reasonable contact with the Carrier and/or ZIP SHIP to stay up to date on any schedule changes.
Upon releasing your vehicle(s) to the Carrier selected, you accept the service from ZIP SHIP to be complete. Any Service Fees/Deposits due to ZIP SHIP but not paid by the time the vehicle(s) is/are loaded onto the selected carrier will become past due. You will be granted a 24 hour grace period from the time of pick up to settle any past due amount. Amounts beyond 24 hours past due will be assessed a Twenty Five Dollar ($25.00) past due fee that will be added, along with the past due amount, to the Carrier's balance due amount and collected by the Carrier before the vehicle(s) will be released at the delivery point.
Carrier will contact you by phone at the numbers you provided, in order to schedule an appointment for pickup and delivery of the vehicle(s). It is your responsibility to verify that all contact phone numbers given to ZIP SHIP and subsequently to the Carrier are correct. In the event that you are unable to meet the driver for an appointed time for pickup or delivery, you may designate an Agent on your behalf to release and/or accept the vehicle(s). You understand that if neither you nor your Agent is able to accept and/or remit proper payment for the vehicle(s) on delivery at the destination, the vehicle(s) may be stored in a facility chosen by the Carrier at your expense.
If the Carrier is unable to safely access the pickup or delivery addresses provided by you, you agree to meet the Carrier at a nearby location, in order for the Carrier to safely pick up or drop off your vehicle(s). In the alternative, you will allow the Carrier, at their discretion, to hire a local service, (i.e. flatbed) at the Carrier's expense, to assist the Carrier in providing 'door to door' pickup or delivery.
Payments for the balance due to the Carrier must be made on or before delivery of your vehicle(s), unless payment on pickup is pre-arranged. The Carrier only accepts Cash, Cashier's Check or Money Order. It is your responsibility to verify the Carrier's preferred method and/or the proper spelling of their Company's name for such payment. COD balances are payable directly to the carrier and all ZIP SHIP quotes are subject to the carrier's acceptance, at which time they become binding.
You agree and understand that when the Carrier accepts and transports your vehicle(s), they will perform a vehicle inspection and provide a report (aka "Bill of Lading") at the origin. You should not, under any circumstances, release a vehicle to a Carrier without a vehicle inspection report. This Agreement is subject to all of the terms and conditions of the Carrier's straight bill of lading and any liability exclusions contained in it. You and Carrier, or your Agent and Carrier, are both required to sign and verify the initial vehicle inspection report. Failure to do so could result in your inability to process a damage claim. Carrier assumes responsibility for any damage not noted on the initial vehicle inspection report from that point, and throughout the transportation period, until the vehicle(s) is/are delivered at the agreed destination. ZIP SHIP has no responsibility or liability for any damage to the vehicle(s) during transport or at any other time. Neither the designated carrier nor ZIP SHIP will be liable for, but not limited to, any of the following: damage to your vehicle that results from weather conditions, such as hail, tornadoes, floods, hurricanes, wind, storms, earthquakes, etc; any mechanical problems, issues or defects in the vehicle which includes but is not limited to the engine/ transmission, batteries, exhaust systems, electrical systems, power windows, seats, clutch, brakes, alignment, suspension, etc; any claims pertaining to pre-existing damages or hidden (concealed) damages; any claims pertaining to convertible tops; any claims pertaining to windshield or chips unless such damage, like a shattered windshield, that is the result of transport damage; any claims regarding road pits, chips or spider cracks (including any pre-existing chips or cracks that spread during transport) are not acceptable claims as transport damage and will not be permitted; any claims pertaining to missing accessories (i.e. radios, speakers, etc.) will not be permitted unless specified the Carrier's Bill of Lading upon pick up; any claims regarding vandalism; damage caused by tie-downs that break or tear due to vehicle's age or condition; damage that is undetectable due to the vehicle's dirty condition at the time of pick-up; or damage caused as a result of acts of god or other force majeure events. Client will be solely responsible for loss from normal wear and tear. You and Carrier, or your Agent and Carrier, must thoroughly inspect the vehicle one final time upon delivery and both must sign the final vehicle inspection report. In the event there is damage during transport, you or your Agent must note those damages on the final vehicle inspection report, pay the remaining balance due that is stated on the Carrier contract and then contact the Carrier's main office and, subsequently, their insurance company. Failure to note any damage on the final vehicle inspection report releases the Carrier of liability and could result in your inability to process a damage claim. Should you permit a representative to accept delivery, they should be aware of all points noted above.
Client affirms that s/he is the registered legal owner of the vehicle to be shipped or that s/he has the permission of the legal owners to enter into this Agreement.
Client and his representatives who surrender and pick up the vehicle from ZIP SHIP's designated carrier will be jointly and severally liable for any and all unpaid charges with respect to shipment, including but not limited to, sums advanced or disbursed by ZIP SHIP or its agents, any and all costs for collection of the debt including attorneys fees.
You may, at any time, request and receive from ZIP SHIP, a copy of the Operating Authority as well as the Insurance Certificate for the Carrier selected for your order. Copies of the Carrier's direct bill of lading may be obtained from the Carrier's driver and/or their main office at the phone numbers provided. You are further granted the right and ability to refuse the service of the selected Carrier based on this or any other information and to request to be set up with a different Carrier by ZIP SHIP.
Prior to bringing any lawsuit against ZIP SHIP by the client, the client agrees to request and engage in mediation to resolve the dispute. Participation in mediation is at the sole discretion of ZIP SHIP. The mediation shall be non-binding and shall be held in Los Angeles, California, before a mediator selected or agreed upon by ZIP SHIP. The parties to the mediation shall equally share the costs of the mediation. Participation in the mediation shall not adversely affect any right or legal remedy the parties hereto may otherwise have.
This Agreement is governed by the laws of the State of California. You agree that any legal action arising out of this Agreement must be filed in a court within Los Angeles County, California and that our liability is limited only to the amount of our Service Fee. Customer hereby submits to the jurisdiction of such courts and waives any right to jurisdiction in any other location.
Each provision, or part of a provision, of this Agreement shall be considered separable; and if, for any reason, any provision or provisions herein are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those portions of this Agreement which are valid.
Common nouns and pronouns shall be deemed to refer to the masculine, feminine, neuter, singular and plural, as the identity of the person may in the context require.
Once your order has been submitted, these terms shall become active and binding. Whether you have entered your order by phone, email or via our web site quote system, you agree to these terms and conditions.
This Agreement constitutes the entire agreement between the parties and supersedes any communications or previous agreements with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change can be made to this Agreement other than in writing and signed by both you and a Managing Member of ZIP SHIP.