TERMS & CONDITIONS
Thank you for choosing Carpool Logistics, LLC d/b/a CARPOOL (“CARPOOL”) for your vehicle’s transport. By using our services and accessing our Website or our App, you, on behalf of yourself, individually, and the person or entity you represent, accept all of the terms and conditions of service (“TERMS”) stated herein by submitting your Booking to CARPOOL. In the event of a conflict between these TERMS and those in any other document, including a motor carrier bill of lading, tariff or service guide, or any other documents, these TERMS will supersede and control as between you and CARPOOL. These TERMS cannot be modified by anyone except for CARPOOL in writing singed only by an agent having a rank of Vice President or higher.
- “Additional Services” means upgrades and additional brokerage services ordered by the Customer such as the arrangement of vehicle top-loading, guaranteed pick up date, covered transport, additional personal belongings, etc.
- “Bill of Lading” means a document provided by the Carrier to the Customer at origin and/or delivery documenting the details of the Shipment and its condition, Point of Origin, Destination and other details regarding the Booking. A Bill of Lading can serve as a receipt or a contract between the Carrier and Customer.
- “Booking” means Customer’s request for CARPOOL to arrange for the motor carrier transportation of Customer’s Shipment.
- “Booking Confirmation” means any written confirmation from CARPOOL to the Customer confirming the Customer’s Booking and other details including but not limited to description of Shipment, Point of Origin, Destination, dates and quoted rate.
- “CARPOOL” means Carpool Logistics, LLC d/b/a CARPOOL its affiliates and subsidiaries. Carpool Logistics, LLC is a property broker as defined at 49 U.S.C. § 13102(2), arranging for the transportation of freight through third party Carriers and is duly licensed by the Department of Transportation (DOT), and is registered with the Federal Motor Carrier Safety Administration (FMCSA) under Docket No. MC-1224498 and/or other government agencies as may be required by law. CARPOOL operates solely as a broker and is not a Carrier. Customer acknowledges CARPOOL’s broker role and function in connection with any services provided to or on behalf of Customer.
- “Carrier” means a motor carrier of property, as defined at 49 U.S.C. §13102(14), duly licensed by State and/or Federal Department of Transportation, or a carrier of goods by water pursuant to 46 U.S.C. § 30701.
- “Carrier Form” means a receipt, inspection report, Bill of Lading, shipping Booking or similar document provided by the Carrier at Point of Origin and/or Destination.
- “Customer” means the individual, company or other entity, including its agents and representatives, Booking the transportation of Shipment.
- “Customer’s Agent” means an individual ostensibly or actually designated by Customer to act on Customer’s behalf or as an actual or apparent agent.
- “Destination” means the Shipment drop off location designated by the Customer or as later modified by mutual agreement between CARPOOL and Customer prior to delivery.
- “Inoperable” means a state or condition in which a Shipment cannot function or be driven for any reason including but not limited to its parts having been removed, altered, damaged or deteriorated such parts including but not limited to engine, transmission, wheels, steering mechanism, brakes, tires, etc.
- “Point of Origin” means the Shipment pick up location designated by Customer or as later modified by mutual agreement between CARPOOL and Customer prior to transport.
- “Services” means the brokerage of transportation by Carriers.
- “Shipment” means the Customer’s property—an automobile or motorized vehicle—arranged for transportation in accordance with these TERMS.
- Upon Customer’s request, CARPOOL will arrange for the transportation of Customer’s Shipment by Carriers strictly subject to these TERMS and these TERMS only. CARPOOL reserves the right, in its sole discretion, to refuse or cancel any Booking at any time.
- CARPOOL’s brokerage services are deemed completed when a Carrier has accepted Customer’s Booking.
- Customer represents and warrants that that Customer understands and hereby acknowledges that CARPOOL (i) operates only as a property broker, (ii) is not a motor carrier, transporter, or freight forwarder, (iii) holds itself out solely as a property broker, and (iv) does not hold itself out as providing the transportation or freight forwarding of property.
- Customer expressly understands and agrees that CARPOOL never takes custody or possession of, transports, or handles Customer’s Shipment, or assumes any liability for the Shipment.
- All ocean transportation arranged by CARPOOL will also be subject to the terms and conditions of the ocean Carrier’s bill of lading, tariff, schedules, rates and rules. Ocean Carriers offer limited liability coverage for loss or damage, and Customer must inquire with the ocean Carrier about declaring a value, purchasing additional insurance, and paying an additional freight charge.
- CARPOOL shall provide Customer with an estimated pickup and estimated delivery date, however, delays may occur prior to, and/or during transport due to weather or road conditions, government regulations, mechanical problems, and other causes that are beyond CARPOOL’s control. CARPOOL cannot and does not guarantee delivery dates or times. Customer understand and accepts that CARPOOL is not – responsible or liable for any losses or expenses caused by delays of any kind or for any reason.
- Legal Property Owner: Customer and Customer’s Agent warrant that the Customer is the registered legal owner of the vehicle(s), or that it has been duly authorized by the legal owner to enter into an agreement for the arrangement of transportation of the automobiles by CARPOL pursuant to these TERMS.
- Accuracy of Information. Customer represents and warrants that Customer understands and accepts that Customer is solely responsible for ensuring the accuracy of all of the details including the description of the Shipment (year, make, model, body style, trim, etc.), Point of Origin, Destination, fees, and special instructions in the Booking Confirmation, and as applicable, on the Carrier’s Form, Bill of Lading, or other required documents. Any changes or corrections to the Shipment description or any other changes to a Booking may result in additional fees or cancellation of the Booking. Customer waives (and agrees to indemnify CARPOOL against) all claims against CARPOOL for any damages, additional charges or cancellation arising from the inaccuracy of the details provided by Customer to CARPOOL as set forth within a Booking Confirmation for a Shipment to match the Shipment actually tendered to the Carrier.
- Shipment Size and Condition. Customer must inform CARPOOL about the Shipment’s size and condition at the time of booking and prior to the pickup date. Customer represents and warrants that Customer understands and accepts that if the Shipment is or becomes inoperable during the transit, or if the Shipment (i) is modified from the original equipment manufacturer (“OEM”) condition with features including but not limited to aftermarket spoilers, lowered chassis, height modifications, etc.; (ii) is oversized due to but not limited to dual or oversized wheels, extra-large tires, racks, lifted chassis; and/or (iii) is a large vehicle such as a limousine or a hearse, then the Carrier may charge additional fees to transport such Shipment or refuse to transport the Shipment altogether. To the extent the Customer fails or refuses to disclose any or all accurate details for the Shipment, the Customer agrees and acknowledges that CARPOOL may charge additional fees in an amount equal to any additional costs CARPOOL incurred as a result of arranging the transportation of such Shipment in CARPOOL’s sole discretion. Customer authorizes CARPOOL to automatically charge Customer’s credit card for such additional fees incurred as a result of Customer’s failure to disclose the accurate details for the Shipment; provided however, CARPOOL will notify the Customer of any additional fees prior to charging Customer’s credit card.
- Preparing Shipment. Customer understands and accepts that Customer is responsible for preparing the Shipment for transportation. Customer must either secure or remove all loose parts, fragile accessories, low hanging spoilers, etc. prior to shipment. Customer must remove all non-permanent, outside mounted luggage and other racks prior to shipment. Shipment must be tendered to Carrier in operable condition with no more than a quarter tank of fuel. Customer understands and accepts that Customer is responsible for any damages, losses and claims to the Shipment, other vehicles and/or persons which are caused by any part of the Shipment that becomes loose or detached during the transport.
- Alarm. Customer must disarm any alarm system installed in the Shipment or provide clear instructions for disengaging it to the Carrier. In the event such alarm is activated during the transit, and there are no keys or instructions to turn it off, Carrier may be forced to silence alarm by any reasonable means available and without recourse by Customer.
- Personal Property. Customer may leave one suitcase OR one bag carrying personal property which shall not exceed one hundred pounds (100 lbs.) and must be confined to the trunk or storage area of the Shipment. Customer must notify CARPOOL and Carrier of such personal property in the Shipment at the Point of Origin prior to loading of the Shipment. Customer understands and accepts that the Carrier has the right to reject any personal property in the Shipment if transporting such personal property is unsafe or violates the law. Customer is advised not to leave any negotiable instruments, legal papers, jewelry, furs, money, cash or currency, antiques, or any valuable articles in the Shipment. Customer represents and warrants that Customer understands and accepts that the Carrier and CARPOOL are not liable for personal items of any kind and value left in the Shipment, or for damage to Shipment caused by excessive or improper loading of personal items. If Customer puts personal property in the Shipment, Customer does so at Customer’s own sole risk.
- Prohibited Items. Customer understands and accepts that Customer is expressly prohibited from loading any explosives, guns, ammunition, weapons, flammable products, live pets, live plants, any contraband, drugs or narcotics, alcoholic beverages, and or any illegal goods in the Shipment. Customer understands and accepts that upon discovery, such prohibited items and/or the Shipment may be confiscated or disposed of by law enforcement, or the Carrier and the Booking may be cancelled in entirety without any remuneration or compensation to Customer and Customer will be solely responsible for any fees, fines, damages, or other liabilities arising from a violation of this Section.
- Shipment by Water. Customer understands and accepts that no personal property of any nature or value and no illegal goods will be allowed in the Shipment for transportation by water and Customer will ensure that the Shipment is completely empty except for OEM or factory installed equipment. Customer is responsible for furnishing all required documents and paperwork required by U.S. and international customs. Customer must share the vehicle identification number (VIN) and its approximate value in U.S. dollars at the time of placing the Booking. If the Point of Origin or Destination is a shipping port, then Customer agrees to pay any associated additional fees.
- Declared Value. Customer understands and accepts that the Carrier shall have certain insurance limits with respect to cargo liability concerning the Shipment. Should Customer’s Shipment exceed a value of $30,000.00, then Customer must notify CARPOOL within the Booking of the need for high value insurance coverage. Should Customer fail to advise CARPOOL of a higher declared value, then the Carrier who transports Customer’s Shipment may not have sufficient cargo insurance coverage to cover Customer’s Shipment in the event of damage or loss. Customer understands that CARPOOL does not make any representation or warranty of the sufficiency or coverage afforded by the insurance maintained by the Carrier.
- Customer warrants that Customer will comply with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the Shipment may be carried. Customer agrees to furnish such information and documents as are necessary to comply with applicable laws, rules and regulations. CARPOOL assumes no liability to Customer or to any other person for any loss or expense due to Customer’s failure to comply with this provision. Any Customer’s Agent and/or entity acting on behalf of Customer also warrants that it has the right to act on behalf of Customer and the right to legally bind Customer.
Pickup and Delivery of Shipment
- Customer represents and warrants that Customer understands and accepts that a change to Point of Origin and/or Destination may be necessary due to municipal zoning restrictions, road conditions, road closures, low hanging trees, low hanging wires, narrow streets, residential area restrictions, etc.
- If the Carrier is unable to access the Point of Origin or Destination, Customer agrees to meet the Carrier at an alternate location in order for the Carrier to safely pick up or drop off the Shipment.
- Customer must be present at the Point of Origin and Destination for the pickup and/or delivery of a Shipment, or Customer must designate a Customer’s Agent if Customer is unavailable for any reason.
- At the time of pickup at the Point of Origin, Customer or Customer’s Agent represent and warrant that Customer agrees to (1) carefully inspect the Shipment with the Carrier for pre-existing damage; and (2) acknowledge the condition of the Shipment by (a) noting any pre-existing damage on the Carrier Form or Bill of Lading, (b) signing the Carrier Form or Bill of Lading, and (c) requesting a copy of same from the Carrier. Customer or Customer’s Agent is also urged to photograph the Shipment from all angles at the Point of Origin.
- At the time of delivery at Destination, Customer or Customer’s Agent represent and warrant that Customer agrees to carefully inspect the Shipment in the presence of the Carrier for possible transit damage and clearly notate any new damage as exception on the Bill of Lading. Customer or Customer’s Agent represent and warrant that Customer agrees to sign and require a final copy of the Bill of Lading signed by the Carrier to serve as a final Shipment condition report, especially in case of a dispute with the Carrier. Again, Customer or Customer’s Agent is urged to photograph the Shipment from all angles prior to 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 the Carrier will have no further responsibility.
- Customer or Customer’s Agent represent and warrant that Customer understands that Carrier shall (i) pick up and deliver Customer’s Shipment as close to Customer’s door or Customer’s designated Point of Origin and Destination as legally and safely possible, and (ii) transport the Shipment in a commercially reasonable manner.
- Customer or Customer’s Agent represent and warrant that Customer understands that Carrier may issue a Carrier Form, receipt or Bill of Lading at the Point of Origin and/or Destination. Customer or Customer’s Agent agrees to read such Carrier Form carefully as it may constitute a contract of transportation as between Customer and Carrier, and Customer will contact Carrier directly with any disputes or questions regarding such documents.
- Customer understands and agrees that Customer may also be subject to the Carrier’s terms and conditions of service, tariffs, rules or classification, copies of which must be requested by the Customer directly from the Carrier.
Fees and Payment
- Customer agrees to pay all amounts due in full for each Booking and any Additional Services as per the terms of the Booking Confirmation and these TERMS without asserting any offsets, chargebacks or reductions by or on behalf of Customer for any actual or alleged, pending or unfiled claims, losses, delays, or damages. Payment for CARPOOL’s services is due when a Carrier accepts a Booking as CARPOOL’s services have been fully rendered at that point.
- Any outstanding invoices for CARPOOL’s services shall accrue an interest rate of one and a half percent (1.5%) per month and Customer shall be liable to CARPOOL for all expenses incurred by CARPOOL, plus reasonable attorney’s fees, to collect any outstanding charges or enforce these TERMS.
- To the extent the Customer fails or refuses to disclose any or all accurate Shipment information in Section 3(b) or accurate Shipment condition or modifications in Section 3(c), the Customer agrees and acknowledges that CARPOOL may charge additional freight charges in an amount equal to at least any additional costs CARPOOL incurred as a result of brokering such Shipment for transportation via the Carrier. Customer authorizes CARPOOL to automatically charge Customer’s credit card for such additional fees incurred as a result of Customer’s failures set forth herein. CARPOOL will notify the Customer of any additional fees prior to charging the Customer’s credit card.
- If Shipment is placed in storage due to Customer’s refusal to pay the fees or accept delivery from the Carrier for any reason, then the Shipment may be placed in storage at Customer’s expense and subject to Carrier’s lien for transportation charges until Customer pays in full the outstanding balance. Any and all storage and redelivery charges will be the responsibility of Customer and Customer agrees that Customer will not look to CARPOOL for reimbursement.
Cancellation and Refund Policy
- Customer may cancel a Booking at any time at no cost or cancellation fees as long as the Booking has not yet been accepted by a Carrier. If the Booking is canceled for any reason after a Carrier accepts the Booking, such reasons including but not limited to Customer canceling a Booking, CARPOOL canceling a Booking due to the Customer’s breach of these TERMS or if the Carrier is denied pick up of the Shipment for any reason when the Carrier arrives at the Point of Origin, then the Customer agrees to pay a minimum of two hundred dollars ($200.00) in cancellation fees as CARPOOL’s services have been rendered at that point. Customer understands and accepts that the Customer may be subject to additional cancellation fees including but not limited to a dry run fee imposed by a Carrier and other vendors contracted to fulfill Customer’s Booking.
- Customer is entitled to a refund for only the unfulfilled portion of the services. If Additional Services were paid for but not rendered for any reason and the Shipment was delivered, the sole remedy for the Customer shall be a refund for the unfulfilled portion of the Additional Services fees.
- Cancellation of a Booking by Customer must be submitted in writing via email sent to email@example.com. Cancellations made via telephone, text, chat or any other medium will not be accepted by CARPOOL.
Loss, Damage or Delay Claims
- CARPOOL is and operates solely a property broker, therefore, is not and will not be liable for any cargo loss and damage claims for any reason and has not otherwise agreed to assume such liability, such liability being expressly denied.
- If Customer has a claim for loss or damage to a Shipment, then Customer and Customer’s Agent represent and warrant that Customer understands and agrees that the party liable for all such claims is the Carrier and not CARPOOL. CARPOOL will facilitate a claim between the Customer and the Carrier, but it is ultimately the Customer’s responsibility to pursue any denied or unresolved claim directly with the Carrier listed on the Bill of Lading, the Carrier Form, or the Carrier who actually transported the Shipment.
- If Customer decides to file a claim against the Carrier, Customer must promptly report such claim to CARPOOL, but in no event later than 48 hours of the delivery, so CARPOOL may provide the Customer with relevant documents regarding the Carrier in a commercially reasonable manner.
- Customer hereby waives any damage claims that are not noted on the Bill of Lading or for which Customer has not submitted a timely claim within 48 hours of delivery. CARPOOL shall not be liable directly, in subrogation, or by assignment to any insurance company for any claims paid by the Company.
- Customer is hereby informed and understands that claims against motor Carriers are governed by federal law, the Carmack Amendment to the ICC Termination Act of 1995, 49 U.S.C. §14706, and claims against ocean Carriers are typically governed by the Carriage of Goods by Sea Act, 46 U.S.C. §30701. Customer is urged to seek independent legal advice (at Customer’s sole expense) on these laws in the event of a claim. Customer and Customer’s Agent represent and warrant that Customer understands and agrees that Carriers are not liable for any cargo loss or damage caused by any acts or omissions that are out of Carrier’s control including but not limited to damage caused by weather conditions including hail, storm or other acts of God, riots, strikes, political unrest, acts of terrorism, loose, worn, broken parts of a Shipment, or personal items left inside the Shipment.
- It is understood and agreed that CARPOOL will not be liable for or reimburse any auto rental accruals, storage fees, or any other additional expenses incurred.
- To the fullest extent allowed by law, Customer agrees to indemnify, defend and hold CARPOOL and their employees, officers and directors harmless from and against any and all losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses, (including attorneys’ fees), and costs, suits, actions and claims (whether actual, potential, threatened or pending), brought by any person or entity, including damages for injury or death of persons and/or damage to property, including real property and/or the environment, claim liability and damages, arising from (i) the acts or omissions of Customer, its agents, employees or representatives, or (iii) a breach of these TERMS by Customer, its agents, employees or representatives including without limitation the assertion by Customer that CARPOOL acted or represented itself as anything other than a broker.
Limitation of Liability
- The total cumulative liability of CARPOOL for any and all claims and damages, whether arising from statute, contract, tort or otherwise, in connection with the Services, the Carpool Website, or the Carpool App shall not under any circumstances exceed the total fees paid by Customer to CARPOOL for CARPOOL’s services under the respective Booking Confirmation.
- EXCEPT AS OTHERWISE PROVIDED HEREIN, CARPOOL MAKES NO WARRANTIES FOR ANY OF ITS SERVICES, THE CARPOOL WEBSITE, OR THE CARPOOL APP AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.
- UNDER NO CIRCUMSTANCES WILL CARPOOL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO A SHIPMENT, THESE TERMS, THE CARPOOL WEBSITE, OR THE CARPOOL APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Arbitration, Court and Applicable Law
- In the event a dispute arises in connection with these TERMS, a Booking, CARPOOL’s services, or any other Customer Engagement between the Customer (or Customer’s agent) and CARPOOL (“Dispute”), such a Dispute shall be resolved either in litigation or by binding arbitration, such determination being in CARPOOL’s sole discretion. If the arbitration option is invoked by CARPOOL: (i) such arbitration shall be final and binding; (ii) the place of arbitration shall be Fulton County, Georgia; and (iii) the language of arbitration shall be English. Otherwise, for purposes of any litigation, except for injunctive relief, the exclusive jurisdiction of any litigation shall be in a state or federal court having jurisdiction in Fulton County, Georgia.
- Customer and Customer’s Agent represent and warrant that Customer agrees to pay all reasonable expenses, attorney’s fees and costs, including court costs, that CARPOOL incurs in any litigation or arbitration in which CARPOOL substantially prevails.
- Where applicable, these TERMS and the parties’ agreement hereunder shall be construed in accordance with Title 49, United States Code and the Federal Arbitration Act; otherwise, the laws of the State of Georgia shall apply without regards to its conflicts of laws principles. Customer agrees that the Shipment is incidental to and otherwise in connection with interstate commerce.
- CARPOOL shall be an independent contractor with respect to Customer and Carrier, and nothing herein contained shall be construed to be inconsistent with such relationship or status.
- Except as expressly set forth in these TERMS, Customer may not assign any rights hereunder without CARPOOL’s prior written consent. These TERMS are binding on and inure to the benefit of the parties and their respective successors and assigns.
- The invalidity or unenforceability of any provision or term of these TERMS shall not affect the validity or enforceability of any other provisions or terms herein.
- For purposes of the subject matter hereof, these TERMS supersede all prior written or oral representations and constitute the entire agreement between Customer and CARPOOL.
- Customer and Customer’s Agent represent and warrant that Customer has read these TERMS in their entirety and by continuing with the transaction through submitting a booking to CARPOOL, fully understands and agrees to them. Customer agrees to hereby release and waive any claims or defenses based in whole or in part on Customer not having read, not knowing, or not understanding these TERMS.