Terms of Service
Place a brief summary about the position here. It shouldn't be too long as you can go into more detail in the items to the right.
Vehicle Shipping Terms and Conditions
1. ACERTUS (hereinafter referred to as “ACERTUS”) agrees to transport vehicle(s) described on quotation on or about the dates requested. ACERTUS agrees to make every commercially reasonable effort to complete timely vehicle
transport pickup and delivery, however, ACERTUS cannot guarantee specific dates or times. ACERTUS or its auto transport
carriers are not responsible or liable for any claim or loss of any kind in the event ACERTUS or its subcontractors or
agents are late in picking up Customer’s vehicle(s) and/or delivering Customer’s vehicle(s), regardless of the length of the delay. All transport pickup and delivery dates and times are estimates only. ACERTUS does not agree or commit to
transport the vehicle(s) in time for any particular date and will not be responsible for any loss or damages resulting from any delay. NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ARE MADE WITH RESPECT TO PICKUP OR DELIVERY TIMES OR DATES. Additionally, ACERTUS will not provide reimbursement for auto rental fees resulting from
delay, damage or accident. ACERTUS will also not be responsible for depreciated value resulting from damages or delays.
2. Customer warrants that it 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 transportation of the automobiles.
3. It is understood and agreed upon that should the vehicle(s) contracted for pick up as a running unit become inoperable during transport, an inoperable fee of $100.00 will be added per inoperable vehicle upon delivery. Upon receipt of notice from ACERTUS, Customer authorizes ACERTUS to automatically charge Customer’s credit card (as provided
pursuant to Section 13) the $100.00 fee.
4. ACERTUS may, at its sole discretion, subcontract its obligations hereunder.
5. It is understood and agreed that ACERTUS will not be liable for or reimburse any auto rental accruals, storage fees, or
any other additional expenses incurred.
6. Customer shall remove all detachable personal/household belongings from the vehicle(s). In no event shall ACERTUS or
its subcontractors be responsible for the safe transport, loss, or damage of any such contents. ACERTUS, its
subcontractors and agents, shall be permitted to refuse to move Customer’s car until all such items are removed from the vehicle.
7. Customer authorizes ACERTUS, its subcontractors and agents to drive, park, store and otherwise operate or transport
the vehicle(s) in any manner necessary to fulfill the obligations under this agreement.
8. In no event shall ACERTUS, its subcontractors or agents be liable for any damages except for damages to vehicles
actually transported and only to the extent such damages were caused by gross negligence or intentional misconduct by ACERTUS or its agents.
9. Customer must inspect the entire vehicle with the driver and fill out a vehicle condition report prior to transportation. This is critical to ensuring that all current damages are noted, authorized and agreed upon between the parties prior to the vehicle leaving the customer’s possession.
10. Customer must identify any damage to any vehicle(s) by noting the damage on the Bill of Lading received by Customer at the time of delivery. Any claims related to such noted damage must be submitted to ACERTUS within 48
hours of the date that vehicle(s) were delivered. 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. ACERTUS shall not be liable directly, in
subrogation, or by assignment to Customer’s insurance company for any claims paid by the Company. In no event shall ACERTUS be liable for any incidental, indirect or consequential damages.
11. Customer may cancel the order up to 24 hours after placing the order by calling 877-571-6235. Once Customer is provided a scheduled pick up date for their vehicle(s), they may still cancel prior to pick-up but will incur a $100.00 fee. Upon receipt of notice from ACERTUS, Customer authorizes ACERTUS to automatically charge Customer’s credit card
(as provided pursuant to Section 13) the $100.00 fee.
12. The provisions of this Agreement are severable and the invalidity and enforceability of any provisions herein shall not affect the enforceability of the remaining provisions which shall remain in full force and effect. This Agreement supersedes all written or oral agreements between ACERTUS and Customer and may not be changed except when in
writing by ACERTUS.
13. This Agreement shall be governed by and construed in accordance with the laws of the state of Missouri. The parties further agree that any legal action arising out of this agreement shall be filed in a court of competent jurisdiction within St. Louis County, Missouri. Customer hereby submits to the jurisdiction of such courts and waives any and all defenses based on lack of personal jurisdiction.
14. Payments must be paid in full with a Credit Card when order is placed. A representative will call you for your credit card information.
15. The parties expressly agree that Customer may not assign this Agreement without the written consent of ACERTUS.
16. Notwithstanding any other term of this Agreement, Customer shall indemnify, defend and hold harmless ACERTUS,
ACERTUS clients, and their affiliates, current or future directors, consultants, and agents and their respective successors, heirs and assigns (“ACERTUS Indemnities”), against any claim, liability, cost, damage, deficiency, loss, expense or
obligation of any kind or nature (including without limitation reasonable attorneys’ fees and other costs and expenses of litigation) incurred by or imposed upon ACERTUS Indemnities or any one of them in connection with any claims, suits,
actions, demands or judgments arising out of this Agreement (including, but not limited to, actions in the form of tort, warranty, or strict liability).
17. In any action, suit, arbitration or proceeding brought by either party, the prevailing party should be entitled to recover its reasonable attorneys’ fees and costs in each and every such action, suit, arbitration or other proceeding.