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Terms & Conditions

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Terms & Conditions

 
Terms and Conditions of Service 

CUSTOMER AGREEMENT 

Agreement Between All Wheelz Transport INC. and Customer 

SCOPE: 

If this agreement pertains to the Customer, the Customer acknowledges acceptance of All Wheelz Transport INC’s terms and conditions governing vehicle transport services. These terms and conditions shall be applicable to this service order. In the absence of an existing agreement with All Wheelz Transport, INC., the terms and conditions outlined in this document, known as the ‘Terms and Conditions of Service,’ shall govern all quotations and service contracts entered into between All Wheelz Transport INC and the Customer. This applies regardless of whether the Customer accepts these Terms and Conditions of Service through a written acknowledgment, implication, or the acceptance of goods provided under these terms. 

All Wheelz Transport INC and the Customer mutually agree to be bound by the Terms and Conditions detailed below. When the Customer places an order and acknowledges the services to be rendered, it signifies the Customer’s intent to be bound by these terms, serving as the exclusive agreement between the parties. This document constitutes the comprehensive and exclusive understanding between All Wheelz Transport INC and the Customer, superseding any prior oral or written agreements. Any modifications to this agreement must be executed and signed by a corporate officer of All Wheelz Transport INC and the Customer to be valid. 

The provisions of this Agreement are separable, and the invalidity or unenforceability of any provision herein shall not affect the enforceability of the remaining provisions, which shall remain fully effective. 

Delivery and Transportation 

  1. The Customer affirms they are the registered legal owner of the vehicle(s) and have the legal authority to enter into this agreement. Alternatively, the Customer acknowledges they are the authorized agent of the legal owner, duly empowered by the owner to enter into this agreement. As such, the Customer or their authorized agent must be present at the pickup and delivery location. If the Customer or their agent is absent for any reason, the vehicle(s) will be placed in storage at the Customer’s or their agent’s full cost.
  2. All Wheelz Transport INC will make every effort to arrange transportation of the Customer’s vehicle with a licensed and insured carrier, usually within one to several days of the Customer’s designated first available pickup date. Delays can occur due to factors such as weather, carrier traffic fluctuations, or remote locations. All Wheelz Transport INC shall not be held responsible for any delays for any reason.
  3. Pickup and delivery are typically from the Customer’s location, unless residential area restrictions apply. Extra charges may be applied for inoperable or oversized vehicles (e.g., dual or oversized wheels, extra-large, racks, lifted, limos, etc.). If the carrier is not informed of these conditions before pickup, any additional charges must be paid in cash or by money order, at the Customer’s discretion, payable to the delivery company. All vehicles, regardless of running or non-running condition, must be able to roll, brake, and steer.
  4. The Customer is responsible for preparing the vehicle(s) for transport by removing or securely fastening all batteries, loose parts, fragile or protruding accessories, low-hanging spoilers, antennas, and similar items. The Customer must also deactivate any vehicle alarm system and provide All Wheelz Transport INC or its authorized agent with any necessary tools or keys for deactivation if the alarm is triggered during transport. Failure to fulfill these obligations releases All Wheelz Transport INC from any damage claims related to these failures.
  5. No electronic equipment, valuables, plants, live pets, alcohol, drugs, or firearms may be left in the vehicle.
  6. No promises, warranties, or guarantees are made regarding specific delivery times or dates. Any provided estimates for delivery times or dates should be considered as approximate, and the Customer shall not be entitled to indemnification for any expenses resulting from delays, including storage costs, rental reimbursement, or other incidental charges.
  7. The Customer must remove all detachable personal belongings from the vehicle(s). All Wheelz Transport INC may, at its discretion, impose additional fees for the transport of contents left in a vehicle. All Wheelz Transport INC will not be responsible for the safe transport of such contents. Important vehicle documents, including the title, should not be left inside the vehicle during transport, and All Wheelz Transport INC waives liability for the loss of these documents.
  8. The Customer authorizes All Wheelz Transport INC, its subcontractors, agents, and employees to operate or transport the vehicle(s) as necessary to fulfill the obligations of this Agreement. The Customer is responsible for maintaining insurance on the vehicle, extending coverage to All Wheelz Transport INC’s operation of the vehicle. The Customer must provide proof of insurance upon request and keep the insurance in force until the vehicle’s transport is complete.

Typographical Errors 

  1. In the event that a service provided by All Wheelz Transport INC is listed at an incorrect price due to typographical errors or errors in pricing due to insufficient Customer information received during a quote, All Wheelz Transport INC reserves the right to refuse or cancel any orders placed for services listed at the incorrect price. This applies even if the order has been confirmed, and the credit card has been charged.

Assignment 

  1. All Wheelz Transport INC may, at its discretion, subcontract or assign its obligations under this Agreement. In such cases, the subcontractor will be solely responsible for all obligations to the Customer. If a subcontractor breaches a covenant of the contract or causes damage to the vehicle during delivery, the Customer should file all claims with the subcontractor indicated on the Bill of Lading and release All Wheelz Transport INC from any claims related to the subcontractor’s actions or inactions. Customer should not associate the subcontractor’s actions or representations with those of All Wheelz Transport INC.

Claims of Loss 

  1. Claims for damage during transportation are the responsibility of the assigned carrier, who is required by law to carry a minimum of public liability insurance. All damage claims must be documented and signed for at the time of delivery and submitted in writing to the assigned carrier according to the carrier’s bill of lading terms. All Wheelz Transport INC will provide the carrier’s insurance policy information upon request but is not responsible for damages. The assigned carrier bears sole responsibility for the vehicle’s condition while in their possession.
  2. IN NO EVENT SHALL ALL WHEELZ TRANSPORT, INC., ITS SUBCONTRACTORS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES EXCEPT FOR DAMAGES TO VEHICLES ACTUALLY TRANSPORTED BY ALL WHEELZ TRANSPORT INC AND ONLY TO THE EXTENT SUCH DAMAGES WERE CAUSED BY ALL WHEELZ TRANSPORT INC’s GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. The Customer specifically agrees and waives any other claims against All Wheelz Transport INC or its subcontractor, including minor damages resulting from normal road conditions and wear and tear, damages caused by leaking fluids, industrial fallout, mechanical malfunctions, exhaust assembly, frame alignment, tire damage, suspension, glass damage, overloaded vehicles, defective or insufficient brakes, damage to loose, torn, or visibly worn convertible tops, damage to vehicle covers or any other covering, damage caused by the inoperable condition of the vehicle, damage due to tie-downs breaking or tearing due to the vehicle’s age or condition, and damage that is undetectable due to the vehicle’s dirty condition at the time of pickup or damage resulting from acts of God or other Force Majeure events. Under no circumstances shall All Wheelz Transport INC be liable for damage to convertible tops over two years old. Additionally, All Wheelz Transport INC and delivery services will not reimburse auto rental fees resulting from delays, damage, or accidents. For Customer’s protection, All Wheelz Transport INC recommends that the Customer document the vehicle’s condition with photographs before and after delivery.
  3. The Customer is responsible for identifying any damage to the vehicle(s) by noting it on the Bill of Lading received at the time of delivery. Claims related to such noted damage must be submitted in writing to All Wheelz Transport INC or its subcontractor within 15 days of delivery or, in the case of failed delivery, within 15 days of the scheduled delivery date. The Customer waives any damage claims not noted on the Bill of Lading or not submitted in a timely written claim. All Wheelz Transport INC shall not be liable to the Customer, its insurance company, or any third party for any claims already paid by the Company. IN NO EVENT SHALL All Wheelz Transport INC BE LIABLE FOR ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES.

Payment, Pricing, and Cancellation Terms 

  1. Deposits collected by All Wheelz Transport INC are fully refundable until the order is placed in “On Available List” status. Once an order reaches “On Available List” status, any payment is considered ‘earned’ because the search for a carrier has been verified, regardless of the Customer’s subsequent decisions. All Wheelz Transport INC is a Broker, NOT a Carrier. All Wheelz Transport INC utilizes its licensing to search for a Carrier on behalf of the Customer and does not guarantee that a Carrier will be provided, regardless of whether the Customer has made any payments to All Wheelz Transport INC at that time. If the Customer decides to cancel the order before dispatch, the Customer should request cancellation directly from All Wheelz Transport INC, either in writing or through verbal confirmation with an All Wheelz Transport INC representative. If a Customer chooses to cancel after receiving dispatch notice, the Customer must submit written or verbal cancellation directly to the Carrier. Furthermore, All Wheelz Transport INC expressly reserves the right to cancel this agreement and terminate any order for any reason before actual delivery.
  2. The entire transport charge amount is due and payable, without any discounts, upon the tender of the vehicle(s) for transport, regardless of the vehicle’s condition at any stage of transport. An additional charge of $200 will be assessed if the vehicle becomes inoperative during transport. An oversized vehicle fee of $300 will be imposed unless such a vehicle has been pre-approved and disclosed before transport. ALSO, IF, FOR ANY REASON, THE CUSTOMER’S VEHICLE(S) WERE NOT READY, UNAVAILABLE, NOT PRESENT, OR NOT RELEASED FOR ANY REASON WHEN THE CARRIER ARRIVED TO PICK UP THE CUSTOMER’S VEHICLE, A PENALTY OF $300 WILL BE AUTOMATICALLY CHARGED TO THE CUSTOMER. PLEASE NOTE, TRANSPORT COSTS CAN CHANGE PRIOR TO DISPATCH BASED ON CARRIER AVAILABILITY AND PRICING AT THAT TIME, AND ARE NOT LIMITED TO SUDDEN CHANGES IN WEATHER CONDITIONS OR GAS PRICE INCREASES. IF THE PRICE INCREASES AFTER A DEPOSIT IS MADE, AND THE CUSTOMER HAS NOT AGREED TO THE INCREASE PRIOR TO DISPATCH, THE DEPOSIT AMOUNT IS REFUNDABLE ONLY UNTIL THE CUSTOMER HAS BEEN NOTIFIED, WHETHER VERBALLY OR IN WRITING, OF SUCH PRICE INCREASES. IF THE CUSTOMER BOOKS THEIR ORDER WITH ANOTHER SHIPPING COMPANY, BROKER, OR MOTOR CARRIER, THE DEPOSIT IS FORFEITED, AND A $200 CHARGE WILL BE ASSESSED. IF THE CUSTOMER AGREES TO A CASH-ON-DELIVERY PRICE, WHETHER VERBALLY OR IN WRITING, AND FAILS TO PAY THE CARRIER UPON DELIVERY FOR ANY REASON, UP TO A $200 CHARGE WILL BE AUTOMATICALLY CHARGED TO THE CUSTOMER.
  3. The Customer and/or its agent are jointly and severally liable for all unpaid charges, including sums advanced or disbursed by All Wheelz Transport INC or its subcontractor and any costs of collection, including costs and reasonable attorney fees. Unless the order has been prepaid or All Wheelz Transport INC has agreed otherwise in writing, the Customer must pay all COD amounts, including any additional charges, in cash or certified funds. All Wheelz Transport INC retains a lien on the shipped vehicle(s) for any unpaid charges, and this lien will remain in effect after vehicle delivery.

Disclaimers and Warranties 

  1. All Wheelz Transport INC SERVICES ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. FURTHER, ALL WHEELZ TRANSPORT INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
  2. All delivery dates and times are approximate estimates, and All Wheelz Transport INC makes no representations or warranties regarding the exact date and time of pickup. The Customer acknowledges that there are no guarantees regarding the exact date or time of pickup, and All Wheelz Transport INC does not commit to transporting the vehicle(s) in time for specific markets or events. All Wheelz Transport INC will not be responsible for any loss or damage resulting from delays. NO EXPRESS OR IMPLIED WARRANTIES ARE MADE WITH RESPECT TO DELIVERY TIMES OR DATES. IN NO EVENT SHALL All Wheelz Transport INC AND DELIVERY SERVICES REIMBURSE CUSTOMER FOR FEES RELATED TO VEHICLE STORAGE.
  3. The Customer shall defend, indemnify, and hold All Wheelz Transport INC and its subcontractor harmless from any costs, expenses, damages, losses, and claims, including any third-party property or personal injury claim, arising from or related to the Customer’s breach of any warranty or obligation.

Force Majeure 

  1. Performance under this contract may be excused to the extent it is prevented by force majeure. The term ‘force majeure’ includes acts of God, acts of the elements, acts of a public enemy, acts of terrorism, riots, strikes, labor disputes, fires, explosions, floods, acts or orders of civil or military authorities, or other causes beyond the reasonable control of the party declaring the force majeure events. Such an excuse from performance shall remain in effect until the force majeure event ceases to exist.

Applicable Law 

  1. All legal matters concerning the obligations and rights defined in this agreement shall be governed by the laws of the state of California, U.S.A., without regard to choice of law provisions. The Customer agrees that jurisdiction over and venue in any legal proceeding arising directly or indirectly from the transportation of any vehicle shall be in the state or federal courts located in and around Los Angeles, California. Any cause of action or claim related to these terms must be initiated within one (1) year after the claim or cause of action arises. All Wheelz Transport INC’s failure to insist on strict performance of any provision in these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practices will modify any of these terms and conditions. All Wheelz Transport INC may assign its rights and duties under this Agreement to any party, at any time, without notice to the Customer.