"Customer" refers to any individual or entity that uses our Service.
"Service" refers to the auto brokerage services provided by Secure Car Shipping, including but not limited to vehicle transportation, loading, and unloading.
"Carrier" refers to the independent transportation companies that provide vehicle shipping services.
"Agreement" refers to the contract between Secure Car Shipping and the Customer, governed by these Terms of Use.
At the request of the Customer, Secure Car Shipping will arrange for the transportation of the Customer's shipment by Carriers, in accordance with these TERMS. Secure Car Shipping reserves the right, at its sole discretion, to refuse or cancel any order at any time.
Secure Car Shipping’s services are considered complete once a Carrier has accepted the Customer’s order.
The Customer understands and accepts that Secure Car Shipping (i) operates solely as a transportation broker, (ii) is not a motor carrier or transporter, and (iii) does not claim to provide the transportation of property.
The Customer clearly understands and agrees that Secure Car Shipping never takes custody, possession, or control of the Customer's shipment, nor does it transport or handle the shipment, or assume any liability for it.
All ocean transportation arranged by Secure Car Shipping is subject to the terms and conditions of the ocean carrier’s bill of lading, tariffs, schedules, rates, and rules. Ocean carriers provide limited liability coverage for loss or damage, so the Customer should inquire with the ocean carrier about purchasing additional insurance.
Secure Car Shipping will provide the Customer with estimated pickup and delivery dates. However, delays may occur before and/or during transport due to weather, road conditions, government regulations, mechanical issues, and other factors beyond Secure Car Shipping’s control. Therefore, Secure Car Shipping cannot guarantee specific delivery dates or times. The Customer understands and accepts that Secure Car Shipping is not responsible or liable for any losses or expenses caused by delays of any kind or for any reason.
Accurate information- The Customer is solely responsible for ensuring the accuracy of all details, including the shipment's description (year, make, model, body style, trim, etc.), point of origin, destination, fees, and special instructions in the Order Confirmation and, if applicable, on the Carrier’s Form, Bill of Lading, or other necessary documents. Any corrections or alterations to the shipment description or other order details may result in additional fees or cancellation. The Customer waives all claims against Secure Car Shipping for any extra charges or cancellation if the shipment does not match the information provided in the Order Confirmation.
Vehicle condition & size- The Customer must notify Secure Car Shipping about the size and condition of the shipment at the time of booking and before the pickup date. The Customer understands and agrees that if the shipment becomes inoperable during transit, or if it (i) has been modified from its original equipment manufacturer ("OEM") condition with features such as aftermarket spoilers, lowered chassis, height modifications, etc., (ii) is oversized due to factors like dual or oversized wheels, extra-large tires, racks, lifted chassis, or (iii) is a large vehicle such as a limousine or hearse, then the Carrier may impose additional fees for transporting such a shipment or refuse to transport it altogether.
Preparing Shipment- The Customer acknowledges and agrees to be responsible for preparing the shipment for transportation. This includes securing or removing all loose parts, fragile accessories, low-hanging spoilers, etc., before shipment. Additionally, the Customer must remove all non-permanent, externally mounted luggage and other racks. The shipment must be presented to the Carrier in operable condition with no more than a quarter tank of fuel. The Customer understands and agrees that they are liable for any damages, losses, or claims related to the shipment, other vehicles, or individuals, caused by any part of the shipment that becomes loose or detached during transport.
Alarm- The Customer must deactivate any installed alarm system in the shipment or provide clear instructions to the Carrier for disarming it. If the alarm is activated during transit and no keys or instructions are provided to turn it off, the Carrier may need to silence the alarm using any reasonable means available, without any recourse from the Customer.
Personal Property- The Customer may place one suitcase or one bag containing personal belongings weighing no more than one hundred pounds (100 lbs.) in the trunk or designated storage area of the shipment. The Customer must inform Secure Car Shipping and the Carrier of any such personal property at the point of origin before the shipment is loaded. The Customer understands and agrees that the Carrier reserves the right to refuse any personal property in the shipment if transporting it would be unsafe or illegal. It is advised not to include negotiable instruments, legal documents, jewelry, furs, cash, antiques, or other valuable items in the shipment. The Customer acknowledges that neither the Carrier nor Secure Car Shipping is liable for personal items of any kind left in the shipment, nor for any damage caused by improper loading or excessive personal items. If the Customer includes personal property in the shipment, they do so at their own risk.
Prohibited Items- The Customer acknowledges and agrees that they are strictly prohibited from loading explosives, firearms, ammunition, weapons, flammable substances, live animals, live plants, contraband, drugs, narcotics, alcoholic beverages, or any illegal goods in the shipment. If any prohibited items are discovered, law enforcement or the Carrier may confiscate or dispose of them, and the entire order may be canceled without compensation to the Customer. The Customer will be solely responsible for any fees, fines, damages, or liabilities resulting from a violation of this policy.
Shipment by sea- The Customer understands and agrees that no personal belongings of any kind, valuable items, or illegal goods will be permitted in the shipment for sea transportation. The Customer must ensure the shipment is completely empty except for OEM or factory-installed equipment. It is the Customer's responsibility to provide all necessary documents and paperwork required by U.S. and international customs. The Customer must also provide the vehicle identification number (VIN) and its approximate value in U.S. dollars when placing the order. If the origin or destination includes a shipping port, the Customer agrees to cover any associated additional fees.
The Customer guarantees compliance with all relevant laws, rules, and regulations, including customs, import, export, and governmental regulations of any applicable country involved in the shipment's transit. The Customer agrees to provide necessary information and documents to meet these requirements. Secure Car Shipping assumes no liability for any losses or expenses resulting from the Customer's failure to comply with these obligations. Any agent or entity acting on behalf of the Customer warrants their authority to act on the Customer's behalf and to legally bind them.
The Customer acknowledges that changes to the pickup or delivery locations may be required due to local zoning regulations, road conditions, closures, obstacles such as low-hanging trees or wires, narrow streets, or residential area restrictions.
If the Carrier cannot access the original pickup or delivery location, the Customer agrees to meet the Carrier at an alternative location to facilitate safe pickup or delivery of the shipment.
The Customer must ensure someone is available at both the pickup and delivery points for the shipment, or designate a representative if the Customer cannot be present for any reason.
At the pickup location, the Customer or their representative agrees to: 1) thoroughly inspect the shipment with the Carrier for existing damage, and 2) confirm the condition of the shipment by a) documenting any existing damage on the Carrier's paperwork or bill of lading, b) signing the Carrier's paperwork or bill of lading, and c) requesting a copy from the Carrier. The Customer or their representative is also advised to take photographs of the shipment from all perspectives at the pickup location.
At the delivery location, the Customer or their representative agrees to thoroughly inspect the shipment with the Carrier for any potential damage incurred during transit. Any new damage must be clearly noted as exceptions on the Bill of Lading. The Customer or their representative agrees to sign and obtain a final copy of the Bill of Lading signed by the Carrier, which serves as the conclusive report on the shipment's condition, especially in the event of any disputes with the Carrier. Once again, the Customer or their representative is advised to take photographs of the shipment from all angles before 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 Secure car shipping and the Carrier will have no further responsibility.
The Carrier will (i) collect and deliver the Customer's vehicle as close to the Customer's door or the designated pickup and delivery points as legally and safely possible, and (ii) transport the vehicle in a reasonable commercial manner.
The Carrier may provide a document such as a Carrier Form, receipt, or Bill of Lading at the pickup or delivery location. The Customer or their representative agrees to review this document carefully, as it may establish the terms of transportation between the Customer and the Carrier. Any disputes or questions regarding these documents should be addressed directly with the Carrier.
The Customer acknowledges that they may also need to adhere to the Carrier’s service terms, tariffs, rules, or classifications. Copies of these documents must be requested directly from the Carrier by the Customer.
Customer agrees to fully settle all charges for each shipment and any extra services as outlined in the Order Confirmation and these TERMS, without any deductions, offsets, or chargebacks for any actual, potential, or unfiled claims, losses, delays, or damages. Payment for Secure Car Shipping's services is required once a Carrier accepts the Order, as Secure Car Shipping’s services are considered completed at that point.
All outstanding balances owed to the Carrier for C.O.D. must be settled on or before the delivery of the vehicle. Acceptable payment methods include cash, certified funds, cashier’s check, or money order made payable to the Carrier. Personal checks, debit cards, and credit cards are NOT permitted for these payments.
Any unpaid invoices for Secure Car Shipping's services will accrue interest at a rate of one and a half percent (1.5%) per month. The Customer will be responsible for all expenses incurred by Secure Car Shipping, including reasonable attorney's fees, to collect any outstanding amounts.
If a vehicle is placed in storage because the Customer refuses to pay the fees or accept delivery from the Carrier for any reason, the vehicle may be stored at the Customer’s expense and subject to the Carrier’s lien for transportation charges until the outstanding balance is paid in full. All storage and redelivery charges will be the responsibility of the Customer, and the Customer agrees not to seek reimbursement from Secure Car Shipping.
The Customer may cancel an Order at any time without cost or cancellation fees as long as the Order has not yet been accepted by a Carrier. If the Order is canceled for any reason after a Carrier has accepted it—whether due to the Customer's decision, Secure Car Shipping canceling the Order due to the Customer's breach of these TERMS, or the Carrier being denied pickup of the vehicle at the Point of Origin—the Customer agrees to pay a minimum cancellation fee of $249.00, as Secure Car Shipping's services have been rendered at that point. The Customer also understands and accepts that additional cancellation fees, including but not limited to a dry run fee imposed by the Carrier and other vendors contracted to fulfill the Customer’s Order, may apply.
The Customer is entitled to a refund only for the unfulfilled portion of the services. If Additional Services were paid for but not provided, and the vehicle was delivered, the Customer’s sole remedy will be a refund for the unfulfilled portion of the Additional Services fees.
Secure Car Shipping is a vehicle transportation broker and, therefore, is not and will not be liable for any cargo loss or damage claims for any reason.
If the Customer has a claim for loss or damage to a vehicle, they understand and agree that the Carrier, not Secure Car Shipping, is the party liable for such claims. It is the Customer’s responsibility to file any claims directly with the Carrier that transported the vehicle.
If the Customer decides to file a claim against the Carrier, they must report the claim to Secure Car Shipping within forty-eight (48) hours of delivery. This allows Secure Car Shipping to provide the Customer with relevant documents regarding the Carrier in a commercially reasonable manner.
The Customer is hereby informed and understands that claims against motor carriers are governed by federal law, specifically the Carmack Amendment to the ICC Termination Act of 1995, 49 U.S.C. §14706. Claims against ocean carriers are typically governed by the Carriage of Goods by Sea Act, 46 U.S.C. §30701. The Customer is advised to seek independent legal advice, at their own expense, regarding these laws in the event of a claim.
The Customer understands and agrees that Secure Car Shipping and the Carrier are not liable for any cargo loss or damage resulting from events beyond their control. This includes, but is not limited to, damage caused by weather conditions such as hail or storms, acts of God, riots, strikes, political unrest, acts of terrorism, loose or broken parts of the vehicle, and personal items within the vehicle.
The Customer agrees to indemnify, defend, and hold Secure Car Shipping, our affiliates, and our respective employees, officers, and directors harmless from and against any and all losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses (including reasonable attorneys' fees), and costs, as well as any suits, actions, or claims (whether actual, potential, threatened, or pending) brought by any person or entity. This includes damages for injury or death of persons and/or damage to property, including real property and the environment, arising from the acts or omissions of the Customer, its agents, employees, or representatives.
The total cumulative liability of Secure Car Shipping for any and all claims and damages, whether arising from statute, contract, tort, or otherwise, shall in no event exceed the total fees paid by the Customer to Secure Car Shipping for the services specified in the respective Order Confirmation.
EXCEPT AS OTHERWISE PROVIDED HEREIN, SECURE CAR SHIPPING MAKES NO WARRANTIES FOR ANY OF ITS SERVICES AND DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED. This includes, but is not limited to, implied warranties of title, non-infringement, merchantability, fitness for a particular purpose or use, and any warranties arising from the course of dealing, usage, or trade practice.
UNDER NO CIRCUMSTANCES WILL SECURE CAR SHIPPING BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR SIMILAR DAMAGES), 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.
Nothing in these TERMS or the Customer’s use of Secure Car Shipping’s services shall be construed to make either party a partner, joint venturer, employee, or agent of the other party, nor shall either party represent itself as such. Neither party has the right or authority to incur, assume, or create any warranty, liability, or other obligation, whether express or implied, on behalf of the other party. Both parties intend to remain independent contractors, responsible for their own actions.
Except as expressly stated in these TERMS, the Customer may not assign any rights without Secure Car Shipping’s prior written consent. These TERMS are binding on and benefit the parties and their respective successors and permitted assigns.
If any provision of these TERMS is deemed unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or removed to the minimum extent necessary, so that the remaining TERMS will continue in full force and effect.
These TERMS supersede all prior written or oral representations and constitute the entire agreement between the Customer and Secure Car Shipping. No changes to these TERMS are valid unless made in writing by Secure Car Shipping. The Customer acknowledges that they have read these TERMS in their entirety and fully understand and agree to them by continuing with the transaction.
The Customer waives any claims or defenses based on not having read, known, or understood these TERMS.
The failure of Secure Car Shipping to exercise or enforce any right or provision of these TERMS does not constitute a waiver of such right or provision. Any waiver of these TERMS by Secure Car Shipping must be in writing and signed by an authorized representative.
Secure Car Shipping reserves the right to use the Customer’s name and/or Secure Car Shipping’s name, logo, and trademarks for marketing or promotional purposes on our websites and in other communications with existing or potential customers, partners, and investors.
These TERMS represent the entire agreement between the Customer and Secure Car Shipping, governing the use of our services and superseding all prior communications and proposals, whether electronic, oral, or written. Additionally, the Customer may be subject to additional terms, posted policies (including the Privacy Policy), guidelines, or rules applicable to their use of Secure Car Shipping’s services.