Terms and Conditions
Terms and Conditions
Executive Shipping LLC (DBA ExecuShip Auto Transport) is a specialized Auto Transportation Management Company, fully licensed and bonded, and is registered with the UDOT (broker license# 3252893 & MC-1024087). The policies, terms and conditions are agreed to solely by the customer and his/her/its duly authorized agents (hereinafter referred to as “Customer”), and Executive Shipping LLC/DBA ExecuShip Auto Transport (Hereinafter referred to as “ExecuShip”). The customer agrees to the terms and conditions of this agreement by using the services provided by ExecuShip and/or signing this agreement.
We understand that plans and circumstances change. You have the option to cancel your shipping order any time prior to dispatch (this is when your order has been assigned a driver/carrier/transporter). Our services are only considered rendered once your shipment has been assigned to a carrier.
Refunds are processed back to the original credit card used to make the payment within 3 to 5 business days. If your original payment method was in the form of cash, check, or money order a check will be mailed to the address you provide within 7 business days.
All cancellations must be done in writing via email to firstname.lastname@example.org and it is highly recommended that a follow up phone call is made to our office to ensure that the email was received and your request to cancel was processed.
Deposits are NON REFUNDABLE once a shipping order has been dispatched or assigned to a driver/carrier/transporter.
Service Contract terms and liability disclaimer
- This agreement includes “door to door” service. However, not all locations are accessible due to the size and weight of the truck transporting your shipment. Weight restrictions, narrow roads, local laws, tight turns, low hanging wires or trees, and other obstacles will sometimes prevent our carriers from gaining access to your location. If our carriers are unable to access your location, the vehicle will be delivered to a mutually agreed upon location.
- All pick up and delivery dates are estimates ONLY. Delays may occur due to inclement weather, mechanical issues, road conditions, medical emergencies, etc. ExecuShip shall not be held liable for any loss or damage due to delays of any kind for any reason. ExecuShip shall not be held liable for any car rental or other accommodations fees.
- ExecuShip shall not be held responsible for failure to mechanical or operating parts of Customer vehicle.
- Customer authorizes Carrier to operate and transport vehicle(s) from the pick up location and to the destination as specified in the Bill of Lading. The bill of lading is a legal document (Contract) between the Customer and Carrier and will contain your shipment order details, services ordered, and any liability limitations. The Carrier will document the condition of the vehicle at pick up prior to loading and again at delivery after unloading. The bill of lading further serves as the receipt for all parties regarding this transaction.
- Customer is responsible for securing or removing all body kits, spoilers, loose parts, antennas, and other fragile accessories prior to the arrival of the Carrier. Non permanent luggage , bicycle, and other racks must also be removed by Customer. Any damage caused by loose or falling parts from Customer vehicle are customer’s responsibility, including any damage caused to other vehicles, carrier vehicle, or any person(s) involved.
- Vehicles must be rendered to Carrier in running condition (unless otherwise specified and included in your service contract) preferably with ¼ tank of gas.
- Customer must disarm any alarm system on the vehicle. If the alarm sounds, carrier has the right to silence the alarm by any means necessary.
- Any personal property loaded into the vehicle must not exceed 100 lbs and must be secured in the trunk of the vehicle. ExecuShip is not liable for personal belongings left in the vehicle, or any damage caused by personal belongings left in the vehicle. Prohibited items include, but are not limited to, the following: guns, ammunition, explosives, flammable products, legal documents, cash, live pets, live plants, alcoholic beverages, jewelry, drugs or narcotics, or any illegal contraband. Customer agrees that these items may be confiscated and/or disposed of with no remuneration by law enforcement, ExecuShip, and/or Carrier. Law Enforcement will have the full cooperation of ExecuShip and Carrier in these matters.
- Additional charges will be applied if the vehicle is oversized or inoperable (unless otherwise specified). It is the Customer’s responsibility to inform ExecuShip at time of order if vehicle has dual or oversized wheels, lift kits, large racks, is a limousine, has any modifications, etc. Additional charges must be paid to carrier at time of delivery in the form cash, certified cashiers check, or postal money order if ExecuShip was not notified of items mentioned above.
- ExecuShip reserves the right to cancel any order at any time for any reason. A full refund will be provided if cancelation is initiated by ExecuShip ONLY.
- At the time of pick up, Carrier will inspect the exterior of the vehicle for any pre-existing damage and make a record of their findings on the bill of lading. Customer and Carrier will both acknowledge the condition of the vehicle by signing the Bill of Lading. The customer will be provided a copy of the Bill of Lading to be kept for their records.
- Upon delivery the Customer must carefully inspect the vehicle in the presence of the Carrier for possible damages. Carrier and Customer will both acknowledge and sign the bill of lading and a final copy of the bill of lading will be provided to customer.
- Damage MUST be noted on the bill of lading and signed by the Customer in order for a claim to be reviewed. Failure to notate damage and/or sign the bill of lading will result in the denial of any and all claims. If the bill of lading is signed by the customer without documentation of alleged damage it serves as verification that customer received shipment in satisfactory condition and all services ordered have been rendered, and ExecuShip/Carrier and their agents are relieved of any further responsibilities. Carrier damage claims are covered by the legal minimum required public liability and property damage. All claims must be submitted in writing within 24 hours of delivery. ExecuShip will provide Carrier Insurance policy details upon request. Customer agrees that his/her/its sole remedy regarding any claims for damage to their property/vehicle is against the Carrier, and that ExecuShip is not liable for any damage and/or loss.
- Customer agrees, understands, and acknowledges that ExecuShip is acting in the sole capacity of a transportation management company (broker) and will act as an agent for the customer in arranging the transportation of customer’s property. ExecuShip does not provide transportation, does not assume carrier or insurance obligations.
- Customer agrees to allow ExecuShip to contract other qualified licensed and insured Carriers, to transport the vehicle and fulfill the shipping order. ExecuShip and Carrier are authorized by Customer to use multiple modes of transportation.
- Customer agrees and understands that ExecuShip will procure a licensed carrier for shipment of customer’s property and this the only responsibility ExecuShip has in this transaction.
- Customer understands that ExecuShip never takes possession of, transports, or delivers the customer property.
- Customer Agrees that all claims for damage to property occurring during the taking of possession, transporting, or delivery of customer’s property falls under the “Carmack Amendment” regarding interstate transportation.
- Per section 10761 of the Interstate Commerce Act 49 USC 10761, the payment of freight charges may not be postponed or withheld due to alleged loss or damage. All charges must be paid in full and any amount applicable to the lost or damaged item should be included in your claim.
- Customer understands and agrees that claims and payment of freight charges are two completely and entirely separate transactions.
- Customer understands that ICC regulations prohibit the withholding of payments for freight charges due to a pending claim. (see Administrative Ruling No. 128)
- Without payment in full of all freight charges, a valid claim will not be paid.
- Carrier responsibility and liability begins after pre-inspection is completed and bill of lading is signed by the customer. Carrier responsibility expires when vehicle is delivered and customer signs final Bill of Lading and inspection.
- ExecuShip and/or Carrier will not be held responsible for damage caused acts of God, hail or storm damage, damage resulting from loose/worn/broken parts, added personal items, or other circumstances beyond the control of ExecuShip/Carrier/or its agents.
- If the customer is unable to be present at pick up or delivery they are to assign a proxy to act as their agent. All terms and conditions remain applicable, including any additional charges or other agreements signed for by customers proxy.
- Customer agrees to pay the full transportation price due to ExecuShip/Carrier in full and will not withhold or attempt to offset any dispute for alleged loss, damages, delays, etc. from freight charges. Customer agrees to render payment to Carrier at time of delivery, prior to unloading shipment, in the form of cash, certified cashier’s check, or postal money order ONLY. Personal checks and credit cards will not be accepted at time of delivery. Certified funds must be made payable to the delivering carrier and not to ExecuShip.
- Customer agrees that if payment in full cannot be made at time of delivery in certified funds, the vehicle will be stored at customers expense until customer pays all transport charges and any additional fees for storage or redelivery.
- If customer is unable to accept delivery for any reason, customer agrees that vehicle will be placed in a public storage facility at customer’s expense.
- Customer agrees and understands this agreement shall be construed in accordance with the laws of the State of Illinois.
- The parties here agree that all actions or proceedings arising in connection to this agreement shall be tried and litigated exclusively in the State or Federal (if permitted by law and a party elects to file an action in federal court) courts located in Cook County, in the state of Illinois. This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this section. Each party waives any right it may have to assert the doctrine of forum non-convenience 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 ExecuShip. 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 ExecuShip or the Carrier, its personnel, employees, agents, or contractors in connection with or arising out of ExecuShip 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 ExecuShip 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.
- Invalidity or unenforceability of one or more of the provisions in this Agreement shall not affect any other provisions of this Agreement.
- This agreement and any shipment here under is subject to all terms and conditions of Carrier’s tariff and the uniform straight Bill of Lading, copies of which are available at the office of Carrier. This supersedes all prior written or oral representation of ExecuShip and constitutes the entire agreement between Customer and ExecuShip and may not be changed except in writing signed by an officer of ExecuShip. Customer warrants that he, she or it has read this agreement in its entirety and by continuing with the transaction, 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 and conditions and agrees to indemnify and hold harmless ExecuShip 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 and conditions.
- *Dispatch Without A Scratch – or your money back* – ExecuShip Guarantees Carrier’s insurance coverage, pursuant to the following limitations: If there is damage to your vehicle, but the Carrier and its insurance company fail to pay the claim (outside of the Carrier’s or insurance policy’s standard exclusions) on damage that was clearly caused by the Carrier, requiring you to file a claim with your own insurance company, ExecuShip will reimburse you our service fee/deposit (or the cost of repairs, the lesser of the two) ONLY. Carrier transportation charges and service fees still apply. You understand and agree that ExecuShip, by offering this Guarantee, does not accept any liability for damages occurring before, during or after transport. This offer is a gesture of good faith only. Additionally, in order to request and be approved for this Service from ExecuShip, any alleged damage must be properly documented on the bill of lading in the presence of the carrier at delivery, and you must first file a claim with Carrier and Carrier’s insurance company and be denied. Also, you need to provide documentation that the Carrier claim was denied and that you filed a claim with your own insurance carrier, and that repair work was actually performed. This guarantee is only available to you if you have paid ExecuShip’s non-discounted Service Fee/Deposit of Two Hundred Fifty Dollars ($250.00) per vehicle or more. ExecuShip may withdraw this Extra Service at any time, without notice. This offer expires 30 days after delivery.