TERMS AND CONDITIONS

Worldwide Auto Importers and Logistics LLC

Broker: Worldwide Auto Importers and Logistics LLC (“Broker”) Client: The individual or entity engaging the Broker’s services (“Client”) Carrier: The motor carrier(s) procured by the Broker to perform the transportation (“Carrier”)

1. SCOPE OF SERVICES

  • Broker Status: Client acknowledges that Broker is a Property Broker as defined by 49 U.S.C. § 13102(2) and is not a "Motor Carrier." Broker’s service is limited to arranging transportation of the Shipment by a licensed independent Carrier.

  • Independent Contractors: The Carrier is an independent contractor and is not an agent, employee, or partner of the Broker. Broker does not physically transport the Shipment and has no control over the Carrier’s methods or employees.

2. SERVICE FEES & PAYMENT

  • Execution Fee: The Broker’s Service Fee is earned in full upon the execution of this Agreement and the successful dispatching of a Carrier.

  • Payment Terms: All fees are due and payable upon signing unless otherwise agreed in writing.

  • Additional Costs: Client is responsible for all freight charges, fuel surcharges, and any additional fees incurred (e.g., storage, redelivery, or tolls) not expressly included in the initial quote.

3. CLIENT RESPONSIBILITIES & WARRANTIES

To ensure safe transport, the Client warrants and agrees to the following:

  • Ownership: Client is the legal owner or authorized agent of the Shipment.

  • Condition: Shipment must be in operable condition (able to roll, steer, and brake) unless "Inoperable" was specifically selected during booking.

  • Preparation: Client must remove all personal belongings, loose parts, and non-permanent accessories. Broker and Carrier are not liable for any items left inside the vehicle.

  • Security: All alarms and security systems must be disarmed or instructions provided to the driver.

  • Documentation: Client must provide all necessary keys, titles, or permits required for transport.

4. LIMITATION OF LIABILITY & INSURANCE

4.1 Carrier’s Primary Liability & Driver Negligence: The Carrier (the motor carrier physically transporting the vehicle) is solely and exclusively liable for any damage to the Shipment.

  • Driver Responsibility: Client expressly acknowledges that the Carrier and its driver are responsible for the safe loading, transport, and unloading of the Shipment.

  • Direct Recourse: In the event of damage caused by the proven negligence of the Carrier's driver, the Client agrees that the Carrier and the Carrier’s insurance policy shall be the primary and sole source of recovery.

4.2 Broker’s Limited Liability: Broker is a facilitator only. Broker’s liability is strictly limited to its own negligence in the selection of a licensed Carrier.

  • Broker is not liable for damages, lost items, or delays caused by the Carrier or its driver.

  • In no event shall Broker’s liability for any claim exceed the total Service Fee paid by the Client to the Broker.

4.3 Damage Claim Protocol (Who to Contact): In the event of damage, the Client must follow this hierarchy of contact:

  1. The Driver/Carrier: Claims must first be addressed with the Carrier’s driver at the time of delivery and noted on the Bill of Lading.

  2. Carrier’s Insurance: If the Carrier does not resolve the claim, the Client must file a claim directly against the Carrier’s cargo insurance policy.

  3. Client’s Insurance: Client agrees that their own insurance policy (auto or cargo) is a secondary source of protection, and the Client’s insurer shall have the right of subrogation against the Carrier only, not the Broker.

4.4 Broker Assistance: While Broker assumes no liability for the Carrier’s acts or omissions, Broker agrees to provide reasonable assistance to the Client by providing the Carrier’s insurance information and contact details to facilitate a claim.

4.5 Subrogation Waiver: Client hereby waives all rights of subrogation against the Broker and its employees for any loss or damage arising out of the transportation services performed by the Carrier.

5. CANCELLATION & REFUND POLICY

Cancellation fees are structured based on the timing of the request:

  • After Dispatch: If Client cancels after a Carrier has been assigned and confirmed, 50% of the Service Fee is forfeited.

  • Upon Driver Arrival: If the Carrier arrives at the pickup location and the Client cancels for any reason, 100% of the Service Fee is forfeited.

  • Equipment Mismatch: If the Carrier arrives with equipment incapable of handling the Shipment as described, Client may cancel and forfeit only 50% of the Service Fee, provided photo/video evidence is submitted to Broker within 24 hours.

  • Deposit Retention: Once a contract has been signed and we are actively working on securing a driver, if the Client decides to cancel at this stage, 25% of the deposit will be retained.

  • Dry Run Fee: If the Client is a "no-show" or the Shipment is not ready for pickup, a $100.00 Dry Run Fee will be charged in addition to any forfeited Service Fees.

6. PICKUP, DELIVERY, & INSPECTION

  • No Guarantees: All pickup and delivery dates are estimates. Broker does not guarantee specific transit times.

  • Inspection (Bill of Lading): At the time of delivery, Client (or agent) must inspect the Shipment thoroughly.

    • Any damage must be noted in writing on the Carrier’s Bill of Lading (BOL) before signing.

    • Signing the BOL without noting damage constitutes a "clean delivery" and waives the Client’s right to future damage claims.

  • Claim Deadline: All claims must be submitted to the Carrier in writing within 15 days of delivery.

7. ADDITIONAL CHARGES

Client agrees to pay the following surcharges if applicable:

  • Inoperable Vehicle Fee: $250.00 (if vehicle cannot be driven onto the trailer).

  • Oversized/Overweight: Additional fees apply for modifications (lift kits, racks, large tires) not disclosed at booking.

  • COD Payments: If freight charges are not prepaid, they must be paid to the Carrier via cash or certified funds only.

8. GOVERNING LAW & JURISDICTION

  • Venue: This Agreement is governed by the laws of the State of Georgia. Any legal action must be brought exclusively in the Superior Courts of the county where Broker maintains its principal place of business.

  • Attorney Fees: In the event of litigation to enforce this Agreement or collect unpaid fees, the prevailing party shall be entitled to recover reasonable attorney fees and costs.

  • Severability: If any part of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

ACKNOWLEDGMENT & ACCEPTANCE By signing below, Client acknowledges they have read, understood, and agreed to all terms. This document constitutes the entire agreement and supersedes any verbal promises.