This General Terms and Conditions Agreement (hereinafter referred to as the “Agreement”) is between solely the customer and his, her or its duly authorized agents (hereinafter referred to as “Customer”), and Guardian Auto Transport LLC. Guardian Auto Transport LLC is a fully licensed and bonded Transport Management Company registered with the US Department of Transportation (hereinafter referred to as “USDOT”) with a broker license number #3129121.
Cancellation & Refund Policy
The option to cancel a shipping order is available at any time, at no cost and with no cancellation fee, as long as the order has not yet been assigned/dispatched to a Carrier (as defined below) or transporter. Our services are considered rendered when a Carrier or transporter is assigned to an order.
Refunds will be processed within three (3) business days of the cancellation request by Customer.
Cancellation of an order must be submitted in writing via email sent to email@example.com. Guardian Auto Transport LLC does not accept or honor cancellations made via phone call or text message.
Once a Carrier or transporter has been assigned/dispatched to a shipping order, Guardian Auto Transport LLC notifies Customer via email (to the email address provided at service booking).
If Customer decides to cancel the shipping order after a Carrier or transporter has been assigned/dispatched and confirmed, the payment is refunded in full, less a $100 service fee or the amount of your partial payment, whichever is less.
Contract Terms and Liability Disclaimer
- Carrier will pick up and deliver as close to Customer’s door as legally and safely as possible. A mutually agreed upon place to load or unload the vehicle(s) may be necessary due to low hanging trees, low hanging wires, narrow streets and residential area restrictions.
- Guardian Auto Transport LLC shall provide Customer with an estimated pickup and estimated delivery date. However, delays may occur prior to, and/or during, transport due to weather, road conditions, mechanical problems, etc. There are absolutely no guarantees regarding pickup or delivery times and dates. Guardian Auto Transport LLC and Carrier shall not be held responsible for loss or damages occasioned by delays of any kind or for any reason, car rental fees or any accommodation fees. Guardian Auto Transport LLC and Carrier shall not be held liable for failure of mechanical or operating parts of Customer’s vehicle.
- Carrier is authorized to operate and transport Customer’s motor vehicle between its pickup location and the destination set forth on the shipping order and Bill of Lading.
- Customer must prepare vehicle for transport. All loose parts, fragile accessories, low hanging spoilers, etc. must be removed or secured. Customer shall remove all non-permanent, outside mounted luggage and other racks prior to shipment. Vehicles must be tendered to Carrier in good running condition (unless otherwise noted) with no more than a half tank of fuel. Any part of the vehicle that falls off during transport is Customer’s responsibility including damages caused by said part to any vehicles(s) and/or person involved.
- Customer must disarm any alarm system installed in the vehicle or provide proper instructions for this matter. In the event said alarm sounds and there are no keys or instructions to turn it off, Carrier may silence alarm by any means.
- 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 Guardian Auto Transport LLC 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, urs, money, live pets or animals, live plants or any unlawful contraband or substances. Customer agrees that Guardian Auto Transport LLC and/or Carrier may confiscate or dispose of said items with no remuneration. Guardian Auto Transport LLC and Carrier will not be held responsible for delivery of personal property and Customer hereby releases Guardian Auto Transport LLC 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.
- If the vehicle is inoperable or oversized (dual or oversized wheels, extra-large, racks, lifted, limo, etc.), Customer must inquire as to the extra charges. If Guardian Auto Transport LLC is not advised of inoperable or oversized/modified vehicles prior to pickup, all extra charges must be paid in cash or money order to the Carrier upon delivery.
- Customer agrees that Guardian Auto Transport LLC has the right to reject or cancel any order for any reason at any time in its own discretion.
At the time of pickup, Customer and Carrier will carefully inspect the vehicle for pre-existing damage (exterior only) by completing a vehicle inspection report recorded on the Bill of Lading. Carrier and Customer will both acknowledge the condition of the vehicle and Customer will sign a copy of the Bill of Lading.
At the time of delivery, Customer and Carrier will carefully inspect the vehicle for possible damages incurred during transit. Carrier and Customer will both acknowledge the condition of the vehicle and Customer will sign and receive a final copy of the Bill of Lading.
Damage must be noted in the proper place on the Bill of Lading and signed by Customer regardless of weather conditions, time of day or day of week. Signing the Bill of Lading and inspection report without notation of any damage verifies that Customer has received his/her vehicle(s) in satisfactory condition, and that Guardian Auto Transport LLC and Carrier and their agents, representatives, directors, officers, contractors, and employees are relieved of any further responsibility. All claims must be submitted in writing within twenty-four (24) hours of delivery. Guardian Auto Transport LLC will share the Carrier insurance policy details upon request. Customer agrees that Guardian Auto Transport LLC is not liable for any property damage claims to Customer’s vehicle and that his, her or its sole remedy is against the Carrier.
Customer agrees and understands that Guardian Auto Transport LLC is a registered transportation and property broker and is acting solely in the capacity of a broker. Customer allows Guardian Auto Transport LLC to contract with other licensed and insured Motor Carrier(s), as such term is defined under the 49 U.S. Code § 13102 of the Federal Motor Carrier Safety Regulations (hereinafter referred to as “FMCSRs”) (hereinafter referred to as “Carrier”), to transport the vehicle(s) described in this shipping order. Guardian Auto Transport LLC and Carrier reserve the right to use multiple modes of transportation, including but not limited to truck, rail and ship.
Customer further agrees and understands that Guardian Auto Transport LLC’s sole responsibility in the transaction between the Customer and Guardian Auto Transport LLC is to procure a carrier for shipment of the Customer’s property. Customer understands that Guardian Auto Transport LLC never takes possession of, transports, or delivers the Customer’s property.
Customer agrees and understands that all claims for damage to property arising out or occurring during the taking possession of, transporting, or delivery of Customer’s property falls under the Carmack Amendment, if the transport is interstate.
As outlined in Section 10761 of the Interstate Commerce Act (49 U.S. Code § 10761), as amended from time to time, the payment of freight charges may not be postponed due to alleged loss or damage. These charges should be paid in full and the portion applicable to the lost or damaged item should be included in the freight claim.
The following items are important to remember:
- Claims and payment of freight charges are two entirely different transactions.
- Interstate Commerce Commission (hereinafter referred to as “ICC”) regulations prohibit withholding the payment of freight bills due to a pending claim. (Administrative Ruling No. 128)
- Without payment of the freight charges, payment for transportation has not been made. A valid claim will not be paid until freight charges are made.
- Carrier accepts responsibility of vehicle after pre-inspection is done and Bill of Lading is signed by the Customer. Carrier responsibility will end when the vehicle is delivered and Customer signs final Bill of Lading inspection.
- Guardian Auto Transport LLC and Carrier will not be responsible for damage caused by acts of God, hail or storm damage, or damage resulting from worn/broken parts of vehicle or added personal items.
- Customer shall, in their absence, designate a person to act as their agent at the point of pickup and/or delivery if for any reason they are unavailable.
- Customer warrants that he/she will pay the full transportation price due to Guardian Auto Transport LLC and Carrier in full and will not try to offset any dispute for damage claims and/or delays etc. from freight or transport charges. It is Customer’s responsibility to provide payment when Carrier arrives- unless the balance has been pre-paid in full. All payments to Carrier must be in the form of cash, cashier’s check or money order – no exceptions. Certified funds must be made payable to the delivering Carrier and not to Guardian Auto Transport LLC. Personal checks, debit or credit cards for orders with a partial payment to Guardian Auto Transport LLC will NOT be accepted for the remaining balance payment to Carrier – no exceptions. Customer agrees that if the payment cannot be made by these methods, the vehicle will be stored, at Customer’s expense, until Customer pays in full all transport charges. Should Customer be unable to accept delivery for any reason, the vehicle will be placed in storage. Any and all storage and re-delivery charges will be the responsibility of Customer.
- This Agreement shall be construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules.
- This Agreement shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the State of Illinois. ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR BASED UPON THIS AGREEMENT OR THE SHIPMENTS OR TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY MUST BE INSTITUTED IN THE UNITED STATES DISTRICT COURT OR THE CIRCUIT COURT, IN EACH CASE LOCATED IN IN LAKE COUNTY, ILLINOIS. SERVICE OF PROCESS, SUMMONS, NOTICE OR OTHER DOCUMENT BY MAIL TO SUCH PARTY’S ADDRESS SET FORTH HEREIN SHALL BE EFFECTIVE SERVICE OF PROCESS FOR ANY SUIT, ACTION OR OTHER PROCEEDING BROUGHT IN ANY COURT. EACH PARTY WAIVES ANY RIGHT IT MAY HAVE TO ASSERT THE DOCTRINE OF FORUM NON-CONVENIENS OR SIMILAR DOCTRINE OR TO OBJECT TO VENUE WITH RESPECT TO ANY PROCEEDING BROUGHT IN ACCORDANCE WITH THIS SECTION. BY ACTION OF THIS PROVISION, THE PARTIES AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE AFOREMENTIONED COURT.
- Customer shall defend, indemnify, and hold harmless Guardian Auto Transport LLC from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, imposed by a court of law or by administrative action of any federal state or local agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Guardian Auto Transport LLC, or the Carrier, its personnel, employees, agents, or contractors in connection with or arising out of Guardian Auto Transport LLC or the Carrier’s actions. The indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, attorney’s fees, and related costs or expenses, and any reimbursements to Guardian Auto Transport LLC for all legal expenses and costs incurred by it.
- Neither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.
- If any term or provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in such jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
- This Agreement and any shipment here under is subject to all terms of service of Carrier’s tariff and the uniform straight Bill of Lading, copies of which are available at the office of Carrier.
- This Agreement constitutes the sole and entire agreement between Customer and Guardian Auto Transport LLC with respect to the subject matter contained herein and therein, and supersede all prior and contemporaneous understandings, representations, and agreements, both written and oral, with respect to such subject matter. None of such prior and contemporaneous matters shall be binding on the parties or be deemed to have been relied on by any party.
- This Agreement may only be amended, modified or supplemented by an agreement in writing signed by an officer of Guardian Auto Transport LLC.
- Customer 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 Guardian Auto Transport LLC 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.