These terms and conditions of service (the “Terms and Conditions”) constitute a legally binding contract among the Parties (defined below) and shall apply solely to services provided by UDS Auto logistics Transport Corp. (“UDS Auto logistics Transport Corp. (“UDS Auto logistics”) for the arrangement of transportation services in”) for the arrangement of transportation services in North America. The Terms and Conditions are subject to change by [UDS Auto logistics upon posting on UDS Auto logistics’s website from time to time.
The most current and controlling version of the Terms and Conditions is published at https://udsautologistics/terms-and-conditions.
UDS Auto logistics is bonded and duly authorized as a property broker with the Federal Motor Carrier Safety Administration under [Number]. All orders, unless stated otherwise and agreed upon in writing, are cash upon delivery of the vehicle (cash or cashier’s check/certified check).
Term | Definition |
---|---|
“Auxiliary Services” | are those services that are performed prior to or subsequent to transportation such as storage which is requested by the Customer and arranged by UDS Auto logistics as an additional service. |
“Bill of Lading” | is the reference to the official shipping document, sometimes completed by CUSTOMER or in some cases by the Carrier or other authorized person or entity accepting the Shipment, containing pertinent information about the Shipment such as weight, condition of the Shipment, and the like. The Bill of Lading may include, but not be limited to, shipping documents directly referred to and titled as a Bill of Lading, and also other shipping documents commonly used in the industry such as Delivery Receipt, etc., which duly authorize the Carrier to accept the Shipment. |
“Bill to Party” | is the person or entity to whom the Bill of Lading instructs UDS Auto logistics to issue the invoice for the Shipment. |
“Business day” | is Monday through Friday 8am to 5pm within the origin or destination local time zones. Excludes U.S. Federally recognized holidays and weekends. |
“Carrier” | is the person or entity selected by UDS Auto logistics to actually perform the transportation of the Shipment with its own means of transport under its own motor carrier authority, and subject to carrier liability as a result of an express or implied undertaking to assume such liability. |
“Consignor” | is the person also known as the “shipper” or “entity” to whom the Bill of Lading instructs the Carrier to pick up the Shipment from. |
“Consignee” | is the person or entity listed as the “ship to” party or to whom the Bill of Lading instructs the Carrier to deliver the Shipment. |
“CUSTOMER” or “Shipper” | includes the person or entity with whom UDS Auto logistics has contracted to arrange to move the Shipment and any Person who directly benefits from services performed pursuant to the Terms and Conditions |
“Customer Shipping Contract” | Abbreviated as CSC is the legally binding service agreement between Customer and UDS Auto logistics Auto Transport. Any changes made by Customer after the CSC has been completed or if the CSC has not been completed prior to the customer-provided First Available Date (FAD), the estimated pickup window may be recalculated and an updated CSC administered. |
“Double booked/booking” | is double booking your transport with multiple brokers. When Customers double book, it disrupts the Broker’s ability to negotiate with motor carriers in good faith on their behalf. Specifically, it causes mistrust among truckers that the duplicate transports are real, it results in unwarranted competitive rate increases leading to additional cost and delays for Customers. |
“FAD” | – The First Available Date, is the date the Customer informs the vehicle is available for shipping. The Customer Shipping Contract (CSC) must be completed before the FAD. If the FAD is the same as the day of booking, the estimated pickup window begins the next business day. The FAD may be affected by Customer changes or the non-completion of the Customer Shipping Contract (CSC). |
“Freight Broker” | Entity licensed and responsible for arranging for the transportation of Customer’s freight. Freight brokers do not take possession of or transport property, they are mediaries hired by consumers to communicate directly with motor carrier companies to arrange an agreement for the transport of their vehicle. |
“Misrepresented vehicle” | the year/make/model and/or physical dimensions and modification information does not match the actual vehicle description provided by the Customer. |
“Parties” | include the CUSTOMER, the Consignee, the consignor, UDS Auto logistics, and any other Person having a present or future interest in the Shipment or any Person acting on behalf of any of the above-mentioned parties with respect to a Shipment. |
“Person” | means any individual, corporation, limited liability company, joint venture, trust, partnership, or other entity. |
“Pickup Window” | Pickup windows are estimated dates, typically spanning 1-3 business days after the Customer-provided first available shipping date (FAD). If the order is booked the same day as the given FAD, the estimated pickup window will begin the following business day. The FAD and estimated pickup window may be delayed and/or recalculated by Customer changes or the non-completion of the Customer Shipping Contract (CSC). |
“Restrictions” | Any Customer imposed restrictions/conditions placed on the pickup or the delivery; include but is not limited to: availability of transport contacts, specified dates, times, or trailer size/type, restricted business days/hours, inaccessible locations, TWIC, specific information, or document requirements (VIN#/LOT#/BUYER#/Gate pass/Release forms), or the need for additional notifications such as requiring more than a 2 hours notice prior to pickup or delivery, or calling before a motor carrier can be dispatched. |
“UDS Auto logistics” | means UDS Auto logistics Auto Transport Corp, its affiliated companies, and their respective employees, officers, directors, and agents performing freight brokerage services pursuant to the Terms and Conditions. |
“Shipment” or “Vehicle” | is the cargo listed and described on the Bill of Lading, to be transported by the Carrier, or as amended in subsequent written documentation provided to UDS Auto logistics. |
“Shipment details” | The information provided by the Customer used to set up the transport: pickup and delivery contact information, origin/destination locations, accurate notification of any personal items in the vehicle. |
In tendering a Shipment to UDS Auto logistics for UDS Auto logistics to arrange for the transportation of the same, or otherwise engaging the services of UDS Auto logistics in any other fashion, CUSTOMER agrees that the version of the Terms and Conditions in effect at the time the shipment is tendered to UDS Auto logistics for the arrangement of the transportation will apply to the Shipment, and its transportation by the Carrier, and the Auxiliary Services, which no agent or employee of the Parties may alter. To the extent the Terms and Conditions conflict with a Bill of Lading or other shipping documents, the Terms and Conditions shall control.
Further, except to the extent the Terms and Conditions conflict with any written agreement (other than a Bill of Lading or shipping document) between the Parties, the Terms and Conditions shall supersede any alleged or asserted oral agreement, promise, representation, or understanding between the Parties.
In the case of conflict between the Terms and Conditions contained herein and those set forth by the Carrier’s General Rules Tariff, these Terms and Conditions shall apply.
As written in the CUSTOMER shipping contract agreement between the CUSTOMER and UDS Auto logistics , tariff quotations for freight charges or other charges, provided by UDS Auto logistics to the CUSTOMER are valid for seven (7) calendar days. CUSTOMER understands that quotations are cost estimations provided to CUSTOMER based on motor carrier/trucker-driven marketplace pricing in reliance on the information furnished by CUSTOMER to UDS Auto logistics at the time the quotation is provided, and are subject to change based on actual vehicle weight, make, model, and condition of Vehicle, its dimensions, the number of vehicles being shipped, as well as due to unforeseen or unanticipated costs, occurrences, or events which are beyond the control of UDS Auto logistics such as motor carrier/trucker availability. CUSTOMER acknowledges that new tariff quotations beyond the initial tariff may be offered due to trucker-demand price fluctuations which are at the CUSTOMER’s discretion to accept or decline.
It is understood between UDS Auto logistics and CUSTOMER that UDS Auto logistics is not an agent for the Carrier or CUSTOMER and shall remain at all times an independent contractor. CUSTOMER does not exercise or retain any control or supervision over UDS Auto logistics or its operations, employees, or carriers. UDS Auto logistics does not exercise or retain any control or supervision over the Carrier or over the Carrier’s operations or employees. UDS Auto logistics does not exercise or retain any control or supervision over CUSTOMER or over the CUSTOMER’s operations or employees.
Failure of either party to insist upon performance of any of these Terms and Conditions, or to exercise any right or privilege herein, or the waiver of any breach of any of these terms and conditions, shall not be construed as thereafter waiving any such terms, conditions, provisions, rights or privileges, but the same shall continue and remain in full force and effect as if no forbearance or waiver had occurred.
CUSTOMER shall not solicit the services of UDS Auto logistics ’s motor or other freight carriers where the CUSTOMER’s use of such carrier first occurred through the UDS Auto logistics ’s efforts. If the CUSTOMER breaches this provision, UDS Auto logistics shall be entitled, as reasonable damages and not as a penalty, to a commission of fifteen percent of the gross revenue from traffic assigned by CUSTOMER to such carrier for a period of fifteen months. CUSTOMER also agrees that the breach of this provision entitles UDS Auto logistics to be entitled to obtain an injunction against CUSTOMER in a court of competent jurisdiction, at UDS Auto logistics ’s option.
Any non-refundable deposits can be applied towards a new shipment within 6 months from the date that the original order was canceled. UDS Auto logistics reserves the right to cancel the order at any time, at UDS Auto logistics ’s discretion.
As per our Dispute and Collections policy, additional fees may be applicable
As per our cancellation policy, fees may be applicable, cancellation requests must be submitted in writing to: info@udsautologistics.com, phone or LiveChat requests will not be accepted.
Customer, Consignor and Consignee shall be jointly and severally liable for all unpaid charges payable on account of the Shipment pursuant to the Terms and Conditions and shall pay or indemnify UDS Auto Logistics for claims, fines, penalties, damages, costs (storage, handling, re-consignment, return of freight to the shipper, etc.) or other sums which may be incurred by UDS Auto Logistics by reason of any violation of the Terms and Conditions, any other default of Customer, Consignor, Consignee.
UDS Auto logistics is a broker only and not a Motor Carrier. UDS Auto logistics has no responsibility to transport and deliver CUSTOMER’S freight but is solely responsible for arranging for transportation of CUSTOMER’S freight with a motor carrier authorized to transport CUSTOMER’S freight by applicable regulatory authorities. CUSTOMER is fully informed and acknowledges that Federal transportation law via the Carmack Amendment to the ICC Termination Act of 1995, 49 U.S.C. §14706, governs damage claims against Motor Carriers. Brokers do not take possession of freight and are not liable for freight/cargo claims. CUSTOMER further acknowledges UDS Auto logistics has no responsibility, liability, or involvement in the issuance of insurance, the denial of insurance, or the payment of claims.
The CUSTOMER’S sole remedy for any claims for damage to the cargo is against the Motor Carrier. The Motor Carriers governing Rules Tariff and/or Carrier’s contract with Broker determines the Carrier’s liability and limitations of liability. CUSTOMER is subject to such provisions of the Carrier’s Rules Tariff and/or contract with UDS Auto logistics . Carrier’s insurance information will be provided to the CUSTOMER upon request. CUSTOMER additionally understands and agrees that general cargo insurance exclusions may apply for losses or damages that are caused out of the Motor Carrier’s control such as stand alone mechanical or electrical issues, unseen/uninspected undercarriage areas, pre-existing loose/broken parts, the vehicle’s interior, personal items, toll charges, or Acts of God or Terrorism.
The Terms and Conditions, and any action or contract to which they apply, shall be governed and interpreted by the laws of the State of New York U.S., without reference to its choice of law provisions. All suits to recover a claim must be exclusively submitted to the jurisdiction of a state or federal court embracing Suffolk County, New York, to which the Parties irrevocably consent to personal jurisdiction and waive all objections thereto. Where claims are not filed or suits are not instituted in accordance with the foregoing provisions, such claims shall be deemed waived and will not be paid.
CUSTOMER agrees to be bound by all of the terms, and conditions contained in any shipping order. UDS Auto Logistics may modify these Terms and Conditions from time to time by posting the most up-to-date Terms and Conditions on https://UDS Auto Logistics autotransport.com/terms-and-conditions. Such changes shall be effective for all transactions between UDS Auto Logistics and CUSTOMER on the date of the notice/posting.
All ownership rights, intellectual property rights, and other proprietary rights relating to the UDS Auto Logistics website belong to UDS Auto Logistics . These Terms and Conditions do not entail any assignment of any intellectual property to CUSTOMER. Subject to the Terms and Conditions and the due payment of all applicable fees, UDS Auto Logistics grants CUSTOMER a perpetual, non-exclusive, worldwide, non-transferable license to use the UDS Auto Logistics website. The rights granted under this Section are limited to CUSTOMER’s internal purposes only. Any use of the website by any third party or for providing services to any third party is strictly prohibited. Notwithstanding the aforesaid, the website may be used by CUSTOMER, its subsidiaries, and affiliates for their internal purposes. UDS Auto Logistics HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE. UDS Auto Logistics will not be liable for any indirect, direct, special, or consequential losses or damages, including but not limited to, loss of business or lost profits. Customer hereby releases, forever discharges, and holds UDS Auto Logistics harmless from and against all claims, actions, suit, proceedings, obligations, liabilities, losses, costs, or expenses resulting from, related to, or in connection with Customer’s access to or usage of UDS Auto Logistics ’s website or breach of this Section 16.
If any provision of the Terms and Conditions may be construed in two ways, one of which would render the provision illegal or otherwise voidable or unenforceable and the other which would render it valid and enforceable, such provision shall have the meaning which renders it valid and enforceable. The language of all provisions of the Terms and Conditions shall be construed according to fair meaning and not strictly construed against any party. The provisions of the Terms and Conditions are severable and shall be interpreted and enforced as if all completely invalid or unenforceable provisions are not contained herein, and partially.
UDS Auto Logistics shall provide the Customer with an estimated pickup date and estimated delivery date. The customer acknowledges and agrees that pick-up dates and delivery dates are estimates! The customer further agrees and acknowledges delays may occur prior to, and/or during, transport of the Vehicle due to various issues, including without limitation driver shortage, weather, and road conditions. UDS Auto Logistics does not guarantee any pickup or delivery times or dates. UDS Auto Logistics and Carrier are not liable for loss or damages occasioned by delays of any kind or for any reason. Further, UDS Auto Logistics and Carrier are not responsible for car rental fees or accommodation fees due to delay in delivery of the Vehicle. See our cancellation policy for details on possible applicable fees if cancellation is requested.
Pricing information, including any information contained in a written or oral quote, is confidential information between the parties and may not be disseminated to other than those CUSTOMER employees and agents with a need to know and who are responsible for analyzing its contents and may not be disseminated to any third parties without the express permission of the other party.
CUSTOMER shall not use UDS Auto Logistics ’s name, logo, trademarks, or trade names in publicity releases, promotional material, customer lists, advertising, marketing or business generating efforts, whether written or oral, without obtaining UDS Auto Logistics ’s prior written consent, which consent may be withheld at UDS Auto Logistics ’s sole discretion.
Any credit card dispute/chargeback, whether for services rendered or applicable cancellation fees, will be reviewed in accordance with the above-mentioned terms and conditions. If a dispute arises and is escalated to our collections agency, additional fees may be imposed. This could result in a larger total amount owed than the original disputed amount. UDS Auto Logistics Auto Transport reserves the right to add a $200 fraudulent chargeback fee for any chargeback/credit card dispute submitted by the customer/card holder.
This clause clearly outlines the terms of the guarantee and any exclusions that apply.
Right to Modify or Cancel: UDS Auto Logistics Auto Transport reserves the right to modify or discontinue the Best Price Guarantee at any time without prior notice
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640 Bailey Rd STE 479, Pittsburg, CA 94565
7901 4th St N STE 8116, St. Petersburg, FL 33702, United States
(925) 639 8504