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Terms & Conditions 1. This Agreement between the Customer named above, (hereinafter referred to as “Customer”), and Fidelity Auto Shipping Corp, (hereinafter referred to as “FASC”), designates only FASC to act as their booking agent to attempt reservation with a transport car carrier, (hereinafter referred to as “Carrier”). Customer acknowledges that FASC pre-negotiate certain rates with suppliers to facilitate the booking of reservations on Customer’s behalf. Customer also acknowledges that FASC provides services to facilitate such booking of reservations for a consideration (the “booking fee”). The total rate displayed (“reservation fee”) on the quote is a combination of the pre-negotiated Carrier rate on your behalf by FASC and the booking fee retained by FASC for their services. All prices shown are in U.S. dollars. You agree that your credit card will be charged by FASC for either the booking fee or total reservation price as specified in the Payment Disclosure Agreement. As the Customer’s agent, FASC is hired to attempt to book a reservation with a Carrier that maintains insurance, and Customer acknowledges and agrees that FASC may rely solely on Certificates of Insurance provided by Carrier to determine the existence of said insurance, FASC will not be held liable by the Customer for any invalidity of any documents presented to them by said Carrier. Customer agrees and acknowledges that the duties of FASC are solely limited to these duties and Customer agrees that in no event shall FASC have any responsibility or liability for the inspection, loading, transport, delivery, or unloading of the vehicle/item.
2. FASC does not agree to arrange shipment in time for any particular market or event, and will not be responsible for loss or damages occasioned by delays of any kind or for any reason. Vehicle/item rentals will not be reimbursed/afforded. No pick-up and/or delivery dates/times are fully guaranteed. First available dates are estimates and not guaranteed windows for booking/scheduling, they are only the first set of dates for availability. Delays may occur prior to, and/or during transport. Customer is required to allow an additional 5 business days after first available dates for reservation in the event of any blackout dates and/or over-booked Carriers. In the event of any blackout dates or over-booked Carriers FASC cancellation terms and refund policies will remain in effect. Additional fees charged for any non-honored guaranteed date/time will be refunded.
3. Any and all claims that may occur will be settled at actual cost and addressed only to the Carrier, or to the Carriers insurance policy without exception as required by USDOT. Customer agrees and acknowledges that they will hold FASC harmless from any and all claims and all requests of recompense. Carrier will not be responsible for damage caused by acts of God, or damage resulting from worn/broken parts of vehicle/item. All loose parts/accessories must be removed and secured. Any part of vehicle/item that falls off during transport is the Customer’s responsibility including damages caused by said part to any vehicle(s) and/or person(s) involved. Customer must disarm, or give keys to, any alarm system installed in the vehicle. In the event said alarm sounds, Carrier may silence alarm by any means. Vehicle must be completely empty except for factory installed equipment unless otherwise specified by notation by FASC on this contract.
4. The Carrier, and/or FASC will notify the Customer prior to pick-up and/or delivery within 3 hours or more of scheduled pick-up time (“ample notice”). It is the Customer’s responsibility to have any payment due when the Carrier arrives. In order to affect pickup and delivery, the Customer agrees to meet the Carrier at any specified time and place without exception. The Customer shall, in their absence, designate a person to act as their agent at the point of pick-up and/or delivery, if for any reason they are unavailable. The Customer agrees that any delays occasioned by Customer’s failure to release/receive vehicle within ample notice of scheduled pick-up time will be subject to a rescheduling fee of $80.00.
5. All payments for Carrier must be in the form of a cashier’s check, money order, or cash, unless a prior arrangement is agreed. The Customer agrees that if the payment cannot be made by these methods, or should the Customer be unable to accept delivery for any reason, the vehicle/item will be stored at the Customer’s expense. Any and all storage and delivery charges will be the responsibility of the Customer.
6. The Customer agrees that if the vehicle becomes inoperative for any reason, a charge of $150.00 will be added and must be collected before delivery. On, or after pickup, should the vehicle be anything other than the dimensions stated, Customer must pay any and all excess fees requested or incurred, or adhere to cancellation terms. The Customer agrees that FASC has the right to cancel this Transportation Agreement for any reason at will in the event of any discrepancies. In the event of cancellation on the side of FASC, FASC will refund any partial amount(s) due accordingly per the refund and cancellation policy terms of the agreement.
7. The Customer agrees and acknowledges that the Carriers cargo insurance policy may have limits of liability and/or deductibles, and that FASC will be held harmless for any damages as required by the USDOT. The Carrier will hold a zero dollar deductible for the Customer.
8. Any provision or portion thereof in this agreement found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the rest of this agreement. Such prohibition shall only be pertinent to that specific circumstance and will not invalidate provision from all other circumstances. The Customer agrees that they have a full understanding of this Agreement, are over 18, and able to enter into the terms and conditions of this Agreement. Any agent acting on behalf of the Customer acknowledges they are a fully authorized agent able to enter into this Agreement on behalf of said Customer/owner.
9. In order to cancel a booking, all requests must be made in writing via electronic transmission or mail. Should Customer cancel order within 24 hours of booking request, FASC will refund Customer all monies due minus any fees incurred to FASC during that time if applicable. All domestic booking requests excluding ocean shipments in effect longer than 24 hours without reservation can be cancelled but are subject to an administrative fee of $80.00. All bookings with reservations regardless of dates will be unable to be cancelled and therefore non-refundable. In the event of Customer’s refusal for release of vehicle/item for Carrier will not invalidate the agreement. Should Customer cancel any International and/or Ocean booking request after 24 hours of initial booking, order cancellations are subject to an administrative fee of 20% of the total cost paid.
10. The Customer agrees that this is the only Agreement between the parties governing this booking and that no other Agreement is, or will be in effect, with any other booking agency without prior cancellation notice to FASC. Should Customer make any other Agreement with another agency during the Agreement with FASC; FASC has the right to cancel the booking request and Customer must adhere to cancellation and refund terms herein.
11. Customer will abide by the terms of this whole agreement to handle any dispute. The Customer agrees that this agreement shall supersede any and all verbal statements given at any time by any employee of FASC. By signing this contract via physical signature, or electronically, The Customer, acknowledges that they have read the Terms and Conditions, understand them wholly, and will agree to them unconditionally. The Customer confirms that the information is accurate and acknowledges that any inconsistency may reflect a change in the shipping cost that must be paid before delivery of the vehicle.
12. This Agreement shall be construed and governed in accordance with the laws of the State of Florida and any and all actions, causes of actions or lawsuits brought by either party shall and must be brought in Miami-Dade County, Florida or by the United States District Court for the South District of Florida. Customer agrees that the services provided by FASC for Customer were solely in the state of Florida and any and all actions and/or obligations to be conducted by FASC under this Agreement would have been done or were done solely in the State of Florida. Customer agrees that any judgment obtained in violation of this provision against FASC shall be deemed null and void. Should FASC be required to enforce or defend any provision of this Agreement or be involved in any legal proceedings as Plaintiff or Defendant, Customer shall be responsible for, and shall pay any and all costs and attorney(s) fees incurred by FASC. Facsimile/Electronic copies of signatures to this agreement shall be treated as originals.
Services Rendered: The customer acknowledges that they are paying FASC a booking fee, not a transport fee. FASC provides services to facilitate such booking of reservations for a consideration (the “booking fee”). FASC makes no warranty for the reservation service.
Refunds & Cancellations: In order to cancel a booking, all requests must be made in writing via electronic transmission or mail. Should Customer cancel order within 24 hours of booking request, FASC will refund Customer all monies due minus any fees incurred to FASC during that time if applicable. All domestic booking requests excluding ocean shipments in effect longer than 24 hours without reservation can be cancelled but are subject to an administrative fee of $80.00. All bookings with reservations regardless of dates will be unable to be cancelled and therefore non-refundable. In the event of Customer’s refusal for release of vehicle/item for Carrier will not invalidate the agreement. Should Customer cancel any International and/or Ocean booking request after 24 hours of initial booking, order cancellations are subject to an administrative fee of 20% of the total cost paid.
Fees & Duties Disclosure
I authorize the above named business to charge the account indicated in this authorization form according to the terms outlined above. This payment authorization is for the goods/services described above, for the amount indicated above only, and is valid for one time use only. I certify that I am an authorized user of this credit card and that I will not dispute the payment with my credit card company; so long as the transaction corresponds to the terms indicated in this form.
Except for CBP entries and duties, we are independent contractors. The submission of incomplete or inaccurate information related to an import entry, including descriptions, quantities, weights, purchase prices, discounts, commissions, changed selling prices at the time of exportation, assists, country of origin, etc., makes you liable to severe governmental penalties, and sanctions. In the event the information forwarded to us, or which accompanied the shipment does not reflect the entire transaction. It is essential that you immediately notify us so that we can take corrective action. A bond has been posted to CBP guaranteeing the redelivery of any merchandise not conforming to the law or regulations of any government agency. It is agreed that we are only acting as your agent and that you will reimburse, indemnify, and hold us harmless from the payment of any duties, additional duties, losses, or damages imposed by any law or regulations of any government agency in connection with the shipment of the goods. It is further agreed that we are not responsible for shortage or losses of goods carried by common or private cartage nor are allowances allowed of duty or charges on any portion of lost merchandise.
The amount of duty shown is estimated and is payable to the Bureau of Customs & Border made which compel us to call for additional duty. If duty is overestimated, a refund will be made upon liquidation by the CBP. If you are the importer of record, payment to the broker will not relieve you of the liability for CBP charges in the event charges are not paid by the broker.