I hereby agree to the following transport terms provided by ShipYourCarNow, LLC ("SYCN"). I understand that SYCN is a broker that procures an independent and unaffiliated transporter ("Transporter") from within its preferred network to pick up and deliver the Vehicle to the requested destination. I also understand that SYCN only receives a portion of the Total Tariff, or transport total, and that the Transporter receives the remainder ("Balance"). I further understand that any remaining Balance is due on delivery of the Vehicle by the Transporter, and that it must be paid in full by means of money order, cashiers check or cash at this time to the Transporter unless a full-pay authorization is signed and the full transport total is paid to SYCN. I further understand that the transport will be governed by a bill of lading with the Transporter.
While every effort will be made to arrange for the transport at the estimated First Available Pickup Date identified above, and for the delivery to occur on the estimated delivery date, unfortunately, SYCN cannot guarantee these dates as delays may occur due to mechanical failures, acts of God and other unforeseen circumstances. SYCN shall not be held liable for loss or damages occasioned by delays of any kind or for any reason. Upon the execution of this contract, you agree that SYCN can charge your credit card for its negotiated fee. While you may cancel the transport before it commences by calling SYCN at 1-888-532-8805 with a valid order number, and by requesting a cancellation e-mail from the company, the fee SYCN already charged is non-refundable due to its provision of services already performed which includes administrating and arranging for the transport of the Vehicle. Customer to maintain auto liability (including physical damage) coverage at all times during the transportation and shipment of the vehicle (s).
I agree that SYCN will not be responsible for any liability caused directly or indirectly by the Transporter. SYCN does agree to assist you, in the event of an incident occurring during the transport, by providing any and all insurance information for the Transporter that is available to SYCN. Customer hereby waives any and all claims for damages against SYCN that relate in any way to the Vehicle's transport, and agrees to defend, indemnify, and hold harmless SYCN from and against any and all claims, losses, costs, damages including attorneys’ fees and expenses of every kind of nature arising from the transport. SYCN is not liable for any property damage claims to the Vehicle and that your sole remedy is against the Transporter. I further understand that I am responsible for any personal belongings in the Vehicle. Should I choose to include items in my vehicle, I understand that SYCN is in no way responsible for any fines or fees associated therewith.
Customer agrees to not publish or make false or disparaging comments against SYCN. In the event a breach of this provision occurs, Customer agrees to pay liquidated damages totaling $10,000.00 to SYCN to compensate for the reputational harm caused by the comments, which Customer acknowledges is inherently difficult to quantify.
The Terms and Conditions is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements that may contravene any of its terms. Customer warrants that he/she/it has read the Agreement in its entirety, fully understands its terms and waives any claims or defenses premised on not knowing the terms of this Agreement. In the event either party files a lawsuit which in any way relates to this agreement, the prevailing party shall be entitled to an award of its attorneys' fees and costs. This Agreement is governed by the laws of the State of Florida. Invalidity or unenforceability of one or more provisions in this Agreement shall not affect any other provisions of this Agreement. Jurisdiction and venue for all claims or lawsuits in any way related to this agreement must be filed exclusively in the courts in Palm Beach County, Florida, and this provision is mandatory and not permissive.